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NORTHEAST ASIA
Setting Hong Kong’s democracy icon free
Jimmy Lai, a prominent media tycoon and staunch advocate for democracy in Hong Kong, has emerged as a symbol of defiance against Beijing’s tightening grip on the special administrative region since he was imprisoned on charges of sedition and collusion with foreign forces in 2020. His continued detention has since drawn global condemnation, including from the U.N. Working Group on Arbitrary Detention.
Last week, the U.N. body made public its Opinion No. 34/2024, highlighting “multiple violations” of Lai’s fundamental rights, including his peaceful participation in pro-democracy demonstrations and his subsequent imprisonment on charges that rights groups deemed politically motivated.
The Working Group concluded that his prolonged detention was a direct consequence of his legitimate exercise of freedom of expression and peaceful assembly, and therefore unlawful and arbitrary. It appealed for his immediate release.
Lai’s trial under the national security law was due to resume on Nov. 20. His international legal team – London-based law firm Doughty Street Chambers, which filed an urgent appeal to the U.N. Special Rapporteur on torture, – said the ruling was a “a resounding endorsement of what we have said all along” and that Lai “should not spend another minute in prison.”
FAST FACTS
- Lai’s case demonstrates the government’s unrelenting crackdown on free speech and dissent in Hong Kong, once known for its vibrant democracy movement until China began tightening its grip on the city and cracking down on pro-democracy activists and ultimately enforcing the controversial national security law.
- The founder of the independent newspaper Apple Daily, Lai, now 76, was arrested on Aug. 10, 2020 on charges of collusion with foreign forces and fraud – violations under the draconian NSL. He remains imprisoned in solitary confinement and faces lifetime imprisonment if convicted.
- Lai’s trial has been marked by numerous delays and irregularities, raising serious doubts about the integrity of the Hong Kong judiciary. Last June, the Inter-parliamentary Alliance on China – whose members include lawmakers who are labeled conspirators and foreign forces in the Lai case – even wrote to the Hong Kong Department of Justice to condemn its refusal to admit relevant evidence in the trial, calling it a “serious failure in both the investigative and judicial process.”
- Lai’s son, Sebastian, said detention has taken a toll on his father and expressed concerns that he could pass before the trial even ends.
ACTIONS SOUGHT
Beyond calling for his immediate release, the U.N. Working Group also demanded that:
- The Hong Kong government take swift action to remedy his situation;
- Provide him with appropriate compensation and reparations, and
- Conduct a thorough and independent investigation into his unlawful detention.
SOUTHEAST ASIA
Putting an end to Thai military brutality
Myanmar nationals seeking to escape the raging conflict in their homeland can scarcely find respite even in neighboring countries, where they face discrimination, violence, inhumane conditions, and even death.
The case of Aung Ko Ko demonstrates this stark reality. The 37-year-old Myanmar national was killed in January 2024 near the Thai-Myanmar border. A new report by Fortify Rights shows that Thai Army soldiers had tortured and killed him, but instead another Myanmar national who saw the incident ended up being convicted of being an accomplice to manslaughter last September.
Drawing on new eyewitness testimonies, photographs, and a new detailed report on the incident, the nonprofit rights group now called on the Thai government to hold the soldiers responsible for this accountable for the alleged crime.
Matthew Smith, the group’s chief executive officer, said: “Despite the current lack of accountability for the military’s involvement in Aung Ko Ko’s killing, Thai authorities can reverse course and prevent impunity from taking hold.”
FAST FACTS
- Aung Ko Ko was a Myanmar national who had been living in Thailand. At the time of his death, he was a volunteer member of the Chor Ror Bor, a community-based security force trained by Thai authorities.
- Eyewitnesses said that on Jan. 12, four soldiers detained and questioned him because he was wearing the Chor Ror Bor vest that bore the Thai flag. Despite later confirmation by two other volunteers that Aung Ko Ko was a Chor Ror Bor member, he was still tortured by the Thai soldiers. He was severely beaten “repeatedly on the back and legs with such force that the bamboo stick (being used) eventually broke.”
- Last month, the Myanmar national “involved” in Aung Ko Ko’s death, Sirachuch, was sentenced to over three years in prison. He admitted to hitting his fellow national at least thrice but maintained he did not kill him.
- Aung Ko Ko’s case is part of a larger pattern of abuse and mistreatment of migrants and refugees, particularly those from Myanmar. Fortify Rights has previously documented instances of arbitrary arrest, detention, and extortion of Myanmar refugees by Thai authorities.
- The incident has sparked widespread condemnation and highlighted the growing anti-migrant sentiment in Thailand, exacerbated by the ongoing political turmoil in Myanmar. Many Myanmar citizens have fled to Thailand seeking refuge, straining resources and leading to increased tensions.
- The case also comes as Thailand prepares to assume a seat on the U.N. Human Rights Council, with the case putting pressure on the country to uphold human rights standards.
ACTIONS SOUGHT
Fortify Rights is calling on Thailand to:
- Conduct a thorough investigation and bring those responsible for Aung Ko KoKo Ko’s death to justice;
- Create an independent commission to focus on the crisis in Myanmar and the situation of refugees and migrants from Myanmar; and
- Provide compensation to the family members of Aung Ko Ko.
SOUTH ASIA
Delivering much-needed reforms posthaste
Pressure is mounting on Bangladesh’s interim leader Muhammad Yunus, who is faced with the monumental task of delivering meaningful reform following the fall of the country’s longest-serving prime minister, Sheikh Hasina, whose administration was marked by human rights abuses and corruption.
In a televised address marking his 100th day in office, the 84-year-old Nobel laureate appealed for patience as his administration works toward holding general elections after implementing significant electoral and institutional reforms, including the establishment of a new election commission “within a few days.”
He did not elaborate on this plan, but think tanks are worried that if the transitional government falters, Bangladesh could fall into deeper political instability. “The interim government should aim to produce quick results to maintain public support for more ambitious reforms,” said the International Crisis Group (ICG) in a new report published on Nov. 14. “It should avoid staying in power too long and build consensus on new measures among political parties.”
FAST FACTS
- Yunus assumed the interim leadership after Hasina resigned in August amid violent protests against a proposed quota on government jobs which saw 1,500 dead, mostly because of her brutal crackdown on the student protesters.
- He pledged to investigate these human rights abuses and other alleged crimes committed during Hasina’s tenure. He also promised to pursue the extradition of Hasina from India, where she sought refuge after fleeing the country in August amid massive protests.
- The extradition request could challenge diplomatic ties with India, a regional ally that maintained close relations with Hasina during her rule and which does not seem inclined to acquiesce to Bangladesh’s request.
- Yunus’s own record has not been spotless either. A report by New Delhi-based independent think thank Rights and Risks Analysis Group released last week found that there has been “little to no improvement to the human rights situation” as 272,316 people, mostly political opponents, face charges filed from August to October 2024 (after Hasina’s ouster); 354 cases of harassment against journalists; the dissolution of the national human rights commission in October; and 2,000 cases of attacks on religious minorities.
- Now the pressure is on to mount a free and fair elections and disprove detractors amid concerns that Yunus – who does not have experience in governance – is delaying to stay in power.
ACTIONS SOUGHT
- ICG urged Yunus to, among others, build consensus among warring parties particularly between the Bangladesh Nationalist Party and opposition parties to win public confidence.
- It also challenged Yunus to maintain public support by “generating tangible improvements in people’s lives,” like corruption in public services and containing high prices.
- The group also called on external players like the United Nations and India to support Bangladesh’s transition.
GLOBAL / REGIONAL
Turning the heat up for developed nations
It’s been a tough year for the environment this year amid record-high heat waves and increasingly devastating floods, especially Asia. Despite this, the window for limiting global warming under 1.5 degrees Celsius continues to narrow as the world’s governments fail to significantly reduce their emissions.
As they met for the annual Climate Change Conference (COP29) in Azerbajian and the G20 Leaders’ Summit in Brazil (which are happening simultaneously) last week, the United Nations as well as human rights watchdogs called on them to take decisive action on climate change and economic reform – with an emphasis on human rights obligations.
U.N. secretary general Antonio Guterres challenged the G20 leaders of the seven most developed nations (United States, United Kingdom, France, Italy, Japan, Germany, and Canada) to use their massive diplomatic leverage to tackle, among others, climate change.
Parallel to the technical negotiations, the Global Alliance of National Human Rights Institutions (GANHRI) called for climate policies that protect the most vulnerable and for developed countries to meet their climate finance commitments.
FAST FACTS
- The G20 summit in Brazil coincided with the COP29 negotiations in Baku this year. Currently, the G20 countries are responsible for 80% of global emissions warming the planet and thus play a critical role in curbing emissions to meet the 1.5-degree pathway under the 2015 Paris Agreement.
- In Baku, discussions have intensified as negotiators grapple with climate finance, which at its core is a system for developed nations to put up money to support developing nations in adaptation and mitigation measures. The goal this year is to increase the US$100 billion annual commitment from the Global North to around $1 trillion a year by 2030 to accelerate energy transition.
- Currently, the world is on course toward a disastrous 3.1 degree Celsius rise in global temperatures by 2030. Experts say that, to prevent the worst impacts of climate change, global net anthropogenic carbon dioxide emissions must decline by about 45% from 2010 levels by 2030, reaching net zero around 2050.
- In 2023, global GHG emissions increased by 1.3% with 52% coming from megacities in Asia like Shanghai, Beijing, Tokyo, as well as Moscow and New York City.
- Every fraction of a degree of warming matters, as it increases the risk of severe climate impacts, such as heatwaves, droughts, floods, and sea level rise.
ACTIONS SOUGHT
- Guterres called on the G20 to agree on an ambitious new climate finance target to build trust between developed and developing countries.
- The GANHRI appealed for a “fair, human rights-centered” loss and damage fund that is designed to help vulnerable countries cope with climate change impacts; and to increase mitigation commitments to meet the goals under the Paris Agreement.
