INDIA

Where have our missing children gone?

India is home to more than 400 million children below the age of 18 years, and is considered one of the countries in which youth and children comprise more than 55% of the population…

Moreover, countless children go ‘missing’ every year. These cases of missing children represent a conglomeration of a number of problems, including abductions/kidnappings by family members, abductions/kidnappings carried out by non-family members or strangers, children who run away on their own or are forced to run away due to compelling circumstances in their families and extended surroundings, children who face unfriendly and hostile environment and are asked to leave home or who are abandoned, children who are trafficked or smuggled or exploited for various purposes, and children who are lost or injured…. The NHRC Action Research on Trafficking, published by Orient Longman in 2005, has shown that in any given year, an average of 44000 children are reported missing; of them, as many as 11000 remain untraced.

The revelations at Nithari exemplify that missing children may end up in a variety of places and situations -- killed and buried in a neighbour’s backyard, working as cheap forced labour in illegal factories/establishments/homes, exploited as sex slaves or forced into the child porn industry, as camel jockeys in the Gulf countries, as child beggars in begging rackets, as victims of illegal adoptions or forced marriages, or perhaps worse than any of these as victims of organ trade and even grotesque cannibalism as reported at Nithari.

The Committee observed that there are some studies conducted by both governmental and non-governmental organizations which bear testimony to the fact that a large number of girls and boys who run away from their homes or are said to have run away from their homes are mainly school dropouts or children get fed up with domestic conditions. The glamour and lure of big cities often make them blind to the stark realities of urban life. Being vulnerable, they often fall prey to promises of jobs or careers in films or modeling and eventually end up as sex workers or as domestic help/labourers in homes, small hotels/restaurants, tea shops/stalls and unorganized establishments, many of them hazardous. Many of the run away boys and girls become victims of the organized begging rackets or pick-pocketing/drug peddling racket etc. Most of these children are also trafficked and further abused, physically or sexually, and their cases are not even brought to the knowledge of the police. Many of these children come from indigent families who either do not have access to authorities or whose complaints are not treated with due diligence.

The Committee observed that the juvenile justice system too has failed to provide due care and protection to children. Despite the specific provisions made in the Juvenile Justice (Care and Protection of Children) Act, 2000, many State Governments/Union Territories are yet to frame Rules under the principal Act. In a majority of places, Special Juvenile Police Units had not been set up. All this has eroded the confidence of the people in the system.

As per the latest Crime in India Report – 2005, a total of 14, 975 cases of crimes against children were reported in the country during 2005 as compared to 14,423 cases during 2004, signifying an increase of 3.8 per cent. The highest crime rate was reported from Delhi (6.5) followed by Chandigarh (5.7) and Madhya Pradesh (5.6) as compared to the national average of 1.4. A total of 4026 cases of child rape were reported in the country during 2005 as compared to 3542 in 2004 accounting for a significant increase of 13.7 % during the year. The State of Madhya Pradesh reported the highest number of cases (870) followed by Maharashtra (634). These two States together accounted for 37.3% of the total child rape cases reported in the country. Highlighting cases related to kidnapping and abduction, the Report mentions that a total of 3518 cases were reported during the year as compared to 3196 cases reported in the previous year accounting for an increase of 10.1%. Delhi reported the highest percentage of such cases among children up to 15 years. The analysis of data clearly reveals the increase of number of crimes against children in the country.

-National Human Rights Commission, New Delhi

AFGHANISTAN

Troubles at the Kabul Airport

To start with trouble No.1: there are so many security checks (targeting Afghans off course, the expats cars go all the way to the plane) that you wished you had not taken the plunge to travel. First I was checked a kilometre from the airport: Do you have a passport? Is it genuine (they have the fake ones as well)? Visa? What is the purpose of your trip? Business or pleasure (this is a joke)? And all the other uncomfortable talk.

The poor Afghan traveller that is me has not yet passed this check that he is ordered to get out of the car and walk to the terminal building 500 meters away! Imagine that you have 3 bags, roughly 30-45 kg and there is no trolley!

As you approach the terminal you see a big line forming in front of the entrance to the terminal. You wonder what this is for and it struck you hard to see that there is another hand operated security check. Open all your bags, what is this? And you say: Oh Zabet Saeb Ain Neekare man ast! (Sir this is my underwear). Weird Neekar comes the reply.

It is very embarrassing that your private cloths (and they always see them first!) are exposed in front of + 100 people at a public place, I don't know about others but I freeze when this happens.

Anyway, to continue the adventure I passed this hand operated security check, and entered the terminal and right there it struck me like lightning: There is an X ray machine that is there in the airport to check the luggage!

Why the hell are they checking me for this long when they have an x ray machine installed at the airport? I didn’t find the answer and departed Kabul airport after gruelling explanations to the immigration officer that I am genuine and not a fake person!...

The Safar back to Kabul was smooth as I wished my trip would be.

Then we landed at Kabul airport and it started all over again! I mean the troubles. The chaos in immigration were really embarrassing as there was only one flight that landed….

- Continue reading Khusal at Kabul Journal blog.

BHUTAN

Briefing on Bhutanese Relations with India and China

MEMORANDUM OF CONVERSATION
SUBJECT: Strains in Indo-Bhutanese Relations; China
PARTICIPANTS: [name not declassified], Bhutanese Embassy, New Delhi Peter Tommsen First Secretary, American Embassy, New Delhi
DATE & PLACE: November 8, 1974 United States Embassy, New Delhi

[name not declassified] dropped in for a briefing on the Secretary's visit to India. The conversation also covered the following themes with respect to Bhutan's relations with India and Chinese overtures to Bhutan.

Indian Advisors in Bhutan: [name not declassified] stated that Bhutan, as a general rule of the thumb, is terminating the contracts of all Indian advisors in Bhutan. Three months ago, the senior Indian police advisor was tossed out because of questionable activities. Bhutan would like to rely on its own advisors across the board, look to the UNDP (which he said is already operating about twenty projects in Bhutan), or do without. By the end of the year, Bhutanese will be operating all of the telephone exchanges in the country. [name not declassified] claimed that Indian advisors often refused to accept instructions from their Bhutanese superiors. For example, the Indian Director of the large hydroelectric project in south-western Bhutan has refused to take orders from the Secretary dealing with the project from Thimphu.

Troubles over the Telecommunications Project: [name not declassified] said that several years ago the Bhutanese were completing negotiations with the UNDP to establish a telecommunication link with Bhutan's capital when the Indian Government intervened with an offer to do the project itself and to contribute the funds as well. The Bhutanese agreed. The Indians then sunk into inactivity for a year. When the Bhutanese alerted the Indians that they were still interested in the project, the Indians submitted a draft contract. The contract included a brief stipulation that a point of control for all cables dispatched from either direction would be located in India. The Bhutanese refused to sign. [name not declassified] thought that the Indians will shortly resubmit the contract minus the stipulation.

Indian Settlers: [name not declassified] stated that the Bhutanese Government was attempting to block the entry of the Indian settlers into Bhutan and, as unobtrusively as possible, move those who have already settled in Bhutan out of the country. Resources to do the job are limited and progress will probably continue at a snail's pace for some time to come. And the Bhutanese Government is very sensitive about India's feelings on this score. But the policy is clear.

The Tibetan Refugee Community in Bhutan: According to [name not declassified], about 4,000 to 6,000 Tibetan refugees poured into Bhutan in 1959. Nehru asked the Bhutanese to allow them to stay until India completed facilities to receive them. Nehru died and so did his personal commitment. The Indian Government has since refused to take them. [name not declassified] criticized the Tibetans for blatantly proclaiming their allegiance to the Dalai Lama, who is outside of Bhutan., while enjoying the prosperity and pleasures that life in Bhutan has brought. He also alluded to a conspiratorial connection between the Tibetans and the Indian Government. He remarked that the Khampa guerillas were trained in India, and alluded to a group of Khampas who had successfully left Nepal and were favorably received by the Indian army in Sikkim. He recounted that at a dinner party in Thimphu, a Bhutanese asked a high-ranking Indian official point blank why his Government was supporting a Tibetan conspiracy against Bhutan. The Indian, [name not declassified] commented, did not respond.

China: Asked what was new in this area, [name not declassified] commented that the Chinese continue to buttonhole Bhutanese diplomats abroad about establishing diplomatic relations or accepting Chinese aid. The Bhutanese response is that the lack of official funds prevents the opening of new missions abroad. In what appeared to be a pre-prepared answer, he added that at this point Bhutan has about as much interest in China as it does in France.

- US Foreign Relations, Documents on South Asia, 1973-1976

PAKISTAN

Police Reforms: Agenda Of Change (Part II)

by : Hassan Abbas

The police in Pakistan have a terrible reputation. There appears to be an across-the-board consensus that the institution of police is largely corrupt, often brutal and institutionally incompetent. Consequently, justice is elusive, insecurity is rampant and ordinary people are the worst victims of this system. Without a doubt there is an element of truth in these perceptions -- actually a lot of truth. However, in an overall scenario and in comparative terms, police performance is not much different from the output of customs officials, bureaucrats running the provincial and federal secretariats, intelligence services and even the army when it tries to run the country. The police gets the most blame though because it is visible to everyone and is expected to do everything ranging from crisis management to resolving political and legal disputes -- besides facing the wrath of people in response to the blunders committed by the country's leadership -- both political and military. Still, the police cannot be defended for its routine excesses, violations of human rights and inefficiency.

Keeping the recent events in mind, it was insightful that not a single case was reported where any of the police officers refused to act on the unlawful government instructions in dealing with the lawyers, journalists and civil society members during the ongoing pro-independent judiciary movement. Day after day, the police cruelly tackled the peaceful protestors who came out to show solidarity with the deposed judges and in support of rule of law. On May 12, 2007, in Karachi, police "negligence," to say the least, was criminal. One expected that some retired police officers could give public statements condemning the role of the police in the events, but that was not to be (except in the case of former IG Afzal Ali Shigri, who wrote in these op-ed pages). Indeed, the police was under strict instructions from the power corridors to "nip the trouble in the bud." But the question is why are police officers so susceptible to illegal orders -- perhaps to save their careers and continue to enjoy some lucrative field postings.

Besides leading to bad governance and a deplorable law and order situation in the country, police failures also have compounded the threat of religious extremism and terrorism. Poor data collection on crime and criminals and inadequate analytical capabilities hamper effective law enforcement. In many instances, banned militant organisations continued with their publications and in some cases wanted criminals, and terrorists changed their party affiliations (hurriedly joining groups that were not under government scrutiny after theirs were banned) and the police remained clueless. Here the police was also handicapped as many militant groups were producing "freedom fighters" for Kashmir and Afghanistan and had working relations with the intelligences services, and hence police officials were reluctant to go after some of these elements thinking that they might be the assets of some "other state institution." Things are reported to be progressively changing in this sphere lately, but the serious challenge remains.

The police culture, as it stands today, cannot be transformed overnight. But the challenge for the new government is to take immediate remedial measures to reverse these trends. It is heartening to hear that the leadership of the PPP is repeatedly committing itself to "change the system" and other political forces seem to be in agreement. They together would need to bear the following in mind:

1. No need to constitute a new commission to propose police reforms, as many good reports are already available -- it is a matter of implementing the reforms in letter and spirit. Rather than trying to reinvent the wheel -- effective enforcement of the Police Order, 2002, can provide a good start.

2. The first step should be to appoint honest and competent officers in the field -- and such names are well known if the government really wants to know. Political affiliations should not be a criterion at all.

3. If we need a better police service, which is independent, people-friendly and accountable, then the government must invest in it -- for improving training, technology and transparency. Resource constraint is currently a major hurdle in effective policing. More than F-16s and long range missiles capable of carrying nuclear warheads, Pakistan needs police patrol vehicles and expertise in forensic sciences.

4. Public safety commissions, where civil society members play an effective role in monitoring the police, should be empowered.

5. Increasing the opportunities for competent and honest non-PSP officers (lower ranks) to rise to higher command positions.

-The above is an excerpt of the full article availalbe at Watandost Blog

BURMA

Detainees in Burma: In a lawless land, any law will do

Human rights advocates, lawyers and journalists are often concerned with how special laws are used to suppress dissent and deny basic freedoms in countries around the world. Internal security acts and emergency decrees attract widespread interest and strong critiques. How ordinary laws are used to the same ends often obtains less notice. And yet it is in the workings of mundane codes and procedures that the efforts of governments to control the largest numbers of their citizens are brought into sharpest focus.

Burma is a case in point. Democracy campaigners have long described it as having some of the most draconian and sweeping security laws in the world. Now a lawyer has said that around 20 detainees are likely to be charged under one of these. The persons, held since last August, are expected to face charges under law 5/96 for “acts such as incitement, delivering speeches, making oral and written statements and disseminating in various ways [sic] to belittle the National Convention” on a new constitution.

Like hundreds of other people locked up since the nationwide uprising last year, none of these persons were ever in fact arrested. Unidentified men bundled them into unofficial vehicles and took them to undisclosed places. They were snatched. Even the state media quietly acknowledged this much, describing them as “brought, investigated and questioned”. Those freed have been forced to sign incoherent pledges, admitting that they have committed undefined crimes and have been released because of the state’s goodwill.

Among those still inside, including dozens of defrocked monks and nuns, few have been charged under security laws. Most have been accused of ordinary crimes: insulting religion; keeping obscene materials or illegal videos; gambling, carrying weapons. And if one charge doesn’t stick, there’s sure to be another.

Such cases are nothing new to Burma. Officials large and small routinely lay run-of-the-mill charges against perceived troublemakers or personal enemies. Cases for upsetting the peace, interfering with public servants and lodging false complaints are commonplace. Other targets are accused of apparently unrelated crimes, such as trading in illegal lottery tickets or tutoring without a licence. Judges have been known to advise inept prosecutors on which charges with which to secure a guilty verdict.

In this setting talk only about specialised security laws and high-profile dissidents holds little value. When a country’s entire criminal legal system has been reduced to a means to other ends, trying to make sense of one particularly nasty provision or an especially ugly case is pointless. Instead, real effort is needed to understand and describe the whole; to identify those features that a single case has in common with others rather than those that may distinguish it from the rest.

Having documents called laws and people called judges does not alter the fact that Burma is fundamentally lawless. The serial abducting, detaining and belated charging of last year’s protesters is a symptom of this condition. Ultimately, those accused of threatening the National Convention are just another 20 defendants denied lawyers or rights, and for this reason alone, rather than the law under which they have been charged or their personal backgrounds, they are worthy of concern and advocacy."

-Awzar Thi, member, Asian Human Rights Commission, Hong Kong. Full article available here

SRI LANKA

Sri Lanka Under Fire Over Human Rights 'Nightmare'

By: Amal Jayasinghe

Sri Lanka was hit by scathing criticism over its human rights record yesterday, with its government fingered over hundreds of "disappearances" and an influential panel storming off the island. A team of top foreign judicial and forensic experts said it was quitting the war-torn nation because Colombo had failed to seriously investigate a string of high-profile cases including the massacre of aid workers.

The International Independent Group of Eminent Persons (IIGEP), comprising experts from Australia, Britain, Canada, India, Japan, France, The Netherlands, and the United States as well as the European Union and UN High Commissioner for Human Rights, said a government probe into abuses did not meet even basic minimum standards.

In addition, a report from New York-based Human Rights Watch (HRW) -- entitled "Recurring Nightmare: State Responsibility for 'Disappearances' and Abductions in Sri Lanka" -- added weight to calls for tough international monitoring.

Most of the victims were ethnic minority Tamils from the island's restive north and east, Human Rights Watch said, describing the situation as a "national crisis."

Sri Lanka has in the past accused international diplomats raising rights concerns as "terrorists" and supporters of the Tamil Tigers, who are leading a drawn out campaign for independence for the island's Tamils.

Since fighting between the government and the rebel Liberation Tigers of Tamil Eelam (LTTE) escalated in 2006, Human Rights Watch said the military and pro-government armed groups had abducted and killed hundreds.

In 2006 and 2007, the UN Working Group on Enforced and Involuntary Disappearances recorded more new "disappearance" cases from Sri Lanka than from any other country in the world, the report said.

"Disappeared" persons are commonly subjected to torture or extra-judicial execution, HRW said, adding that the vast majority of cases it documented indicated the involvement of state security forces.

Colombo pulled out of a tattered 2002 truce with the Tamil Tiger rebels in January in the belief that it would be able to crush the guerrillas and regain areas under rebel control.

But HRW's Pearson, calling for a UN mission to monitor abuses, said: "The end of the ceasefire means this crisis will continue until the government starts taking serious measures."

- Macau Daily Times New. Full text available here