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FIDH condemns conviction of three peaceful protestors

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Yesterday’s unfair conviction of three peaceful protestors marks the latest setback for the right to freedom of peaceful assembly and the right to freedom of opinion and expression in Singapore, FIDH said on Wednesday (22 Feb 2017).
The Singapore Supreme Court upheld the conviction of activist and blogger Ms Han Hui Hui (25) and fined her SGD3,100 under Article 290 of the Criminal Code (causing a public nuisance) and Regulation 23(2)(b) of the Parks and Trees Regulations. The court also upheld the conviction of Mr Koh Yew Beng (61) and Ms Low Wai Choo (57) and fined them SGD450 each. Ms Han was immediately detained and faces 34 days in prison if she was unable to pay her fine.
The charges against the three stemmed from their participation in a peaceful demonstration organized by Ms. Han at Hong Lim Park’s Speakers’ Corner on 27 September 2014. The demonstration called for transparency in the Singaporean government’s management of its Central Provident Fund (CPF).
During Wednesday’s proceedings, Ms Han, Mr Koh, and Ms Low represented themselves in court as they were not provided with any form of legal representation or legal aid prior to the hearing.
On 27 June 2016, a Singapore court fined Ms. Han SGD3,100 for organizing an ‘illegal demonstration’ and causing a public nuisance. The court also fined Mr. Koh and Ms. Low SGD450 each for causing a public nuisance. According to Article 45(1)(e) of Singapore’s constitution, any individual subject to a fine in excess of SGD2,000 is barred from standing for election for five years. Three other participants involved in the demonstration pleaded guilty or had their charges dropped after making a public apology.
FIDH notes that Ms Han has been repeatedly denied permission by Singapore’s National Parks Board (NParks) to hold events at Hong Lim Park’s Speakers’ Corner. It further noted that in the latest denial of her right to peaceful assembly and her right to freedom of opinion and expression, on 16 November 2016, NParks rejected an application made by Ms Han to organize and speak at an event for Human Rights Day on 10 December.
“The determination displayed by the authorities in prosecuting and punishing the three protestors demonstrates that there is zero tolerance for the expression of peaceful dissent in Singapore. It’s time for the Singaporean government to initiate a serious and thorough reform of the country’s laws related to the right to freedom of peaceful assembly to bring them in compliance with international standards.” said Dimitris Christopoulos, FIDH President.
During Singapore’s second Universal Periodic Review (UPR), held in Geneva, Switzerland, on 27 January 2016, Singapore received six recommendations that urged the government to ensure the realization of the right to freedom of peaceful assembly. The government delegation responded by justifying the severe restrictions on the exercise of this right to ensure “society’s need for order and stability.” These criteria fall short of internationally accepted standards, which require that any restrictions to the right to freedom of peaceful assembly be necessary and proportionate. International standards also stress the principle that a peaceful assembly should be presumed lawful and not constituting a threat to public order.
The International Federation for Human Rights (FIDH) is a non-governmental federation for human rights organizations. Founded in 1922, FIDH is the second oldest international human rights organisation worldwide after Anti-Slavery International and brings together 184 member organisations in over 100 countries, as at 2016.
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Civil Society

Thailand withdraws reservation on refugee children’s rights, welcomed by UN Human Rights Office

Thailand’s withdrawal of its reservation on Article 22 of the CRC is hailed by the UN, marking a key step in enhancing protections for refugee and asylum-seeking children.

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The UN Human Rights Office for South-East Asia (OHCHR) has praised Thailand for its decision to withdraw its reservation on Article 22 of the Convention on the Rights of the Child (CRC), a move expected to improve the protection of refugee and asylum-seeking children in the country.

Cynthia Veliko, the OHCHR Representative for South-East Asia, hailed the decision, calling it “a significant, positive step” toward aligning Thailand’s laws with international standards. “This move helps protect the rights of all children on the move, no matter their nationality or origin,” Veliko said.

The Thai Cabinet’s decision to withdraw the reservation took effect on 30 August 2024. Article 22 of the CRC ensures that refugee and asylum-seeking children receive protection, humanitarian assistance, and equal access to services provided to national children, in line with international human rights laws to which Thailand is a party.

This withdrawal is also expected to strengthen the implementation of Thailand’s National Screening Mechanism (NSM), introduced on 22 September 2023.

The NSM grants the status of “protected person” to individuals who cannot return to their home countries due to the fear of persecution. However, despite these legal advancements, children without legal status in Thailand remain at risk of being detained in immigration facilities.

The UN has raised concerns over the continued detention of children despite the Thai government’s 2019 Memorandum of Understanding on Alternatives to the Detention of Children (MOU-ATD). The UN Committee on the Rights of the Child has reaffirmed that every child has a fundamental right to liberty and should not be detained based on their migration status.

Veliko urged Thailand to focus on ending child immigration detention and adopting human rights-based alternatives.

“Children on the move are children first and foremost,” Veliko stressed, adding that detention due to migration status is never in the best interests of children.

The UN Human Rights Office expressed its readiness to assist the Thai government in developing alternatives to detention, ensuring that all children receive the protection and care they need.

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FORUM-ASIA condemns Myanmar junta’s forced conscription expansion, urges international action

FORUM-ASIA condemns Myanmar’s military junta for expanding forced conscription, calling it a desperate bid to maintain power. The policy, affecting men aged 35 to 60, adds to a long list of human rights violations, including forced labor and the use of civilians as human shields.

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The Asian Forum for Human Rights and Development (FORUM-ASIA) has condemned the Myanmar military junta’s recent decision to expand the age limit of its forced conscription policy, calling on the international community to stand in solidarity with the people of Myanmar.

The move is seen as a desperate attempt by the junta to maintain control in the face of a growing pro-democracy resistance movement.

On 25 August 2024, Senior General Min Aung Hlaing announced the introduction of a new “security system with public participation.”

This system would require men aged 35 to 60 to serve as guards, potentially placing them on the frontlines of conflict. The announcement follows the formation of the Central Supervisory Committee for People’s Security and Anti-Terrorism on 16 August, tasked with organizing military training and overseeing “people’s security and anti-terrorism” groups at various administrative levels.

The junta’s plan builds upon the forced conscription policy it implemented on 10 February 2024, invoking the 2010 People’s Military Service Law.

The law mandates men aged 18 to 35 and women aged 18 to 27 to serve two years in the military, with professionals like doctors and engineers potentially serving up to five years. Those who evade service or assist others in doing so face up to five years in prison. As part of this policy, the junta planned to conscript 5,000 individuals monthly from April 2024.

Civilians as Human Shields and Forced Labor

FORUM-ASIA has condemned the junta’s forced conscription policies, highlighting the military’s history of using civilians as human shields and forcing them into hard labor.

The International Labour Organization’s Commission of Inquiry found in October 2023 that the military continues to impose forced labor amidst the ongoing armed conflict, a practice that has escalated since the 2021 coup attempt.

Local news and human rights groups have reported that the junta is also abducting and arresting citizens to use as human shields, further contributing to the human rights violations in Myanmar. Many youths, rather than being conscripted into fighting for a regime they oppose, have fled their homes to join the resistance.

United Nations Secretary-General António Guterres has expressed concern over the junta’s detention and recruitment of Myanmar youth. Meanwhile, Tom Andrews, UN Special Rapporteur on Myanmar, noted the junta’s increasing use of powerful weapons against civilians as troop losses and recruitment challenges mount.

Call for Action

FORUM-ASIA is calling on the Myanmar military junta to immediately halt its forced conscription, abductions, forced labor, and the use of civilians as human shields.

“FORUM-ASIA urges the international community, including the UN and ASEAN, to thoroughly investigate the Myanmar military junta’s long list of human rights violations. The junta should be held accountable for all its crimes through sanctions and other punitive measures,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

“The international community must urgently isolate the junta and support the people of Myanmar in their struggle for justice and freedom,” Bacalso added.

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