Calls for legislation after dozens of brands identified as being at risk of sourcing materials linked to China’s transfer programmes enter the European Union market. A worker gathers cotton yarn at a textile manufacturing plant in Xinjiang, in north-west China, in 2021. [Photograph: Mark Schiefelbein/AP] Amy Hawkins December 6, 2023 A “substantial volume” of clothing tainted by the use of Uyghur forced labour is entering the European Union market, according to a report, as campaigners say the EU’s checks are not doing enough to weed out coercive work from large supply chains. Dozens of well-known brands including H&M and Zara are identified as being at high risk of sourcing materials, particularly cotton and PVC, made by Uyghurs compelled to participate in state-imposed labour transfer programmes, according to a report from Uyghur Rights Monitor, Sheffield Hallam University and the Uyghur Centre for Democracy and Human Rights. The researchers investigated four leading Chinese apparel companies that have “significant ties” to Xinjiang, via sourcing, subsidiaries, and manufacturing, and have links with western brands. Those companies have supplied brands including Zara and Primark, according to the report. Xinjiang, a region in north-west China where most of the country’s ethnic Uyghur minority live, accounts for more than 80% of China’s cotton. It is also a region where there are widespread reports of human rights abuses, including an estimated 1 million people who have been held in extrajudicial detention camps. Apart from the detention camps, however, there is also a longstanding programme of state-sponsored labour transfers, which Uyghur activists and human rights campaigners say involve a high risk of coercion. Beijing describes these transfers as a poverty alleviation tool. Under the programmes, unemployed people are transferred to farms or factories in different locations where there is a need for workers. This happens within Xinjiang and from the region to other parts of China. The report’s authors highlight several examples of the Chinese companies being involved in these programmes. Beijing Guanghua Textile Group, for example, has a joint venture with Xinjiang Jinghe Textile Technology, a firm with links to labour transfer programmes. In 2018, Xinjiang Jinghe said it was investing 200m yuan (£22.3m) to expand its production facilities and employ 2,000 people via rural surplus labour programmes. In March this year, a Xinjiang newspaper reported that 73 “poverty-stricken households” had sent workers to the firm to become industrial workers. Beijing Guanghua’s parent company, Beijing Fashion Holdings, advertises its links with a number of well-known western brands, including Zara and Next. One of the group’s subsidiaries, TopNew, is a supplier for H&M. A spokesperson for Inditex, Zara’s parent company, said the western fashion brand no longer purchased products from Beijing Guanghau Textile Group or Beijing Fashion Holdings, and had “no plans to do so in future”. “Inditex has no commercial ties with any factories located in [Xinjiang]. Inditex is fully committed to respecting, protecting and promoting human rights across its entire value chain and rigorously adheres to all forced labour regulations. We regularly conduct detailed due diligence and monitoring of our suppliers to ensure compliance with our stringent standards and we are fully committed to the traceability of the raw materials used in our products. “All suppliers and manufacturers of the Inditex group must comply with our traceability requirements, including selecting a supply chain made up of ethical and responsible companies and providing accurate, true and appropriate information about the supply chain used for each order, from raw materials to final garment.” A spokesperson for H&M said: “Transparency about our supply chain is very important to us and we have come far in that work.” TopNew is listed as one of H&M group’s suppliers on its website. A spokesperson for Primark said: “We can confirm the use of Anhui Huamao Group Co Ltd in two suppliers’ supply chains. We have spoken at length with the suppliers linked to this facility and, so far, we have not been able to find any direct link to the XUAR [Xinjiang Uyghur autonomous region] ... Out of caution, our supplier has agreed with us to immediately stop using the facility in question while our investigation is ongoing.” Anhui Huamao is a textile company with three subsidiaries in Xinjiang, according to its most recent annual report. Beijing Fashion Holdings and Next did not respond to a request for comment. In 2020, H&M expressed concerns about the risk of forced Uyghur labour in cotton production. That led to a backlash in China and a widespread boycott of the brand, leading to a drop in sales of nearly 25%. The brand later said its commitment to China remained strong. In December 2021, the US government passed the Uyghur Forced Labor Prevention Act, which treats goods from Xinjiang as being tainted with forced labour – and therefore banned from the US – unless an importer can prove otherwise. To date, the legislation has resulted in more than $500m(£397) worth of goods being denied entry to the US. The report’s researchers said: “This is a sea change that only legislation could have made happen. Companies are now subject to investigation of their entire supply chains, which has encouraged more due diligence and more visibility in what were previously incredibly opaque relationships.” But the EU has no such stance on goods from Xinjiang, something the researchers said needed to change. The report’s authors also noted that state-sponsored labour transfer programmes were less widely understood than Xinjiang’s detention camps, which have received widespread media attention and which, according to the UN Human Rights Office, “may constitute international crimes, in particular crimes against humanity”. This means that while many of the western brands named in the report celebrate their participation in ESG (environmental, social and governance) rankings and validation schemes, such as the global organic textile standard and the Better Cotton initiative, “the significance of these certifications vary widely” as they “typically do not account for state-imposed forced labour”. “It is highly important to incorporate state-sponsored labour transfers and participation in other forms of repressive policies implemented in the Uyghur region as a red flag while evaluating companies based in mainland China,” said Yalkun Uluyol, one of the researchers. The report was commissioned by Raphaël Glucksmann, a member of the European parliament from the centre-left Place publique party, which is part of the parliament’s Socialists & Democrats grouping. © 2023 Guardian News & Media Limited

Penpa Tsering, the political leader of Tibet's government in exile, was in Paris this week to raise awareness about the increased repression faced by Tibetans living in Chinese-controlled areas. He spoke to RFI about issues such as intense surveillance and the destruction of Tibetan cultural identity. Penpa Tsering, the "Sikyong" (political leader) of the Central Tibet Administration, the Tibetan government in exile, based, based in Dharamsala, India. Picture taken in Paris, 1 December 2023.  [RFI/Jan van der Made] Jan van der Made December 4, 2023 After the 1949 Communist takeover of China, Beijing tried to co-habit with Buddhist Tibetans, who lived in vast areas in China’s south west. But the increasing presence of the Communist army triggered Tibetan protests that were met with a brutal Chinese crackdown, in 1959. Thousands of Tibetans were killed, monasteries destroyed, and Tibet's spiritual leader, the Dalai Lama, was forced into exile. Currently, the Dalai Lama, and the Tibetan government in exile, the Central Tibet Administration (CTA) reside in Dharamsala, India. The CTA is led by Sikyong ("political leader") Penpa Tsering, who was born in a refugee camp in India. Penpa Tsering (56) is now touring the world, taking over some of the tasks of the Dalai Lama who turned 88 this year, including raising awareness of Chinese "colonial" policies with regards to the Tibetans living within Beijing-controlled areas. Diaspora His mission also involves keeping in touch with 130,000 strong Tibetan diaspora communities, 8,000 of whom live in France. Before arriving in Paris, he visited the US, Latin America, Canada, Spain and Austria. RFI: Can you begin by telling us more about the objective of your tour? Penpa Tsering: Above all, there needs to be a lot more education about China and about what China is doing to other parts of the world. Under [China's supreme leader] Xi Jinping, control, surveillance, and everything has increased from 2012-2013 onwards, with the activities of the United Front Work Department having become pervasive in the form of Confucius institutions, overseas police stations or espionage, as shown by the latest report by (Berlin-based think tank) Merics. Xi Jinping's flagship program is the Belt and Road Initiative. It's not just investment in other countries but also political influence in these regions. Just because you have freedom here, you cannot neglect freedom in other countries. Tomorrow [dictatorship] may knock on your door. Strategy "Most of the governments are only interested investment from China and business with China but they fail to realise the strategic approach of China. I keep telling them I'm not here only to seek support for my people and for my country, but I'm also here to warn you. That if you don't understand China and its motivations, then it is your nation and your people who are going to suffer eventually. These facts about what China is doing internally and domestically to the Chinese people themselves need to be known to the outside world. RFI: France established ties with Beijing in 1964, 15 years ahead of the US and its much-heralded "opening to China". What do you expect from the French government and President Emmanuel Macron? Penpa Tsering: The French government likes to have its own independent foreign policy, not necessarily toeing the line of United States. But there has to be more transatlantic cooperation when it comes to China. The European Union also needs more uniform trade and foreign policy. Because you don't have that, China is doing exactly what the European colonials used to do against the colonies: divide and rule, carrot and stick, using one country against the other. Over the last 10 years, Xi Jinping introduced the security law in Hong Kong. He was responsible for the concentration camps in Xinjiang. He was responsible for the colonial-style boarding schools in Tibet, where Tibetan children are separated from their families, from their culture, from their language, from their religion. The Chinese government's aim is to change every young Tibetan into Chinese, to avoid ethnic problems in the future. Join Forces Penpa Tsering: So, while the whole world is moving towards multiculturalism, China is the only country that's moving towards uniculturalism at the expense of every other culture. But when you point that out to the Chinese government, they point fingers at the United States and say, how did they treat their native people? Or the Canadians with the First Nations, the Scandinavians with the Sami people, or the Australians with Aboriginals, New Zealanders with Maoris? True, these countries have made mistakes. But they realise it and they are trying to make up for it. But China is consciously doing it to the Tibetans inside Tibet, destroying its very identity from language to religion. I tell the Europeans: please don't look at us [Tibetans] only from the perspective of a victim of communism. If you want to bring about positive change in China, eventually you need both internal forces and external forces. And we are the internal forces, Tibetans. Uyghurs, Mongols, Hongkongers, Taiwanese, including the pro-democracy movement inside China. They all will have to come together. Just because you have freedom here, you cannot neglect freedom in other countries. Tomorrow [dictatorship] may knock on your door. RFI: The dialogue between the Dalai Lama and Beijing authorities has been brought back to a minimum since 2010. It's been reported that your government had some level of contact with the Chinese authorities. Is that true? And what is the subject and priority in this context? Penpa Tsering: We don't even have [official] contacts. I do have a back channel, but that's unofficial. And I can't say more than that because there's nothing concrete to talk about. So the reason for the back channels is to re-establish contact. RFI: How do you feel about the fact that the human rights situation of the Uyghurs in Xinjiang generates more global interest than the one in Tibet? Penpa Tsering: There are differences in visibility, differences in people willing to come forward to give evidence and the focus and the scale and the diversity of what the Chinese government is doing. So I tell my Uyghur friends, it's not a competition. As long as the perpetrator is the same, it reflects the same on the international community. The scale, and there may be variations and differences in policies because the situation is different. Tibet is very large, 2.5 million square kilometres and sparsely populated, whereas the population density in Xinjiang is higher. China will have to change RFI: The Dalai Lama is now in his late 80s. There's the reincarnation issue, where religious authorities find a child that is predestined to become his successor. The Chinese may move to find a child somewhere inside the areas they control, and turn him into a person who will toe the Communist party line, as they did with the Panchen Lama. What will be your policy? Penpa Tsering: His Holiness is committed to live long. He keeps reassuring us that he will live for another two decades and more. So that's why I keep telling our Chinese friends, let us see whether the Dalai Lama outlives the Communist Party or the Communist Party outlives the Dalai Lama. Because China will have to change. On reincarnation, this is a purely religious activity. His Holiness says that if the Chinese government is really serious about reincarnation, they should study Tibetan Buddhism first. They then should look for Mao Zedong's, then for Deng Xiaoping's reincarnation and then Jiang Zemin's reincarnation. And only then maybe the Dalai Lamas’ reincarnation. RFI: Currently the CTA's Ministerial Cabinet, the Kashag, has you as Sikyong (political leader), and three "Kalon" (Ministers) who are all female. When do you think the Tibetan government will be ready to have a female as their president? We are the only exiled government with all democratic structures. I believe in women's empowerment. Right now, I'm the only man in the cabinet. I have three other women ministers. So, any one of them or any other woman could get elected. It will depend on the public as to who they want to choose. I cannot foretell when we will have the next woman Sikyong. © 2023 RFI

Hazara children protest the Taliban genocide of the Hazara and other Shia Muslims in Afghanistan Report on Ten Stages of Genocide Against Hazaras and Other Shia Religious Minorities in Afghanistan By Raziya Masumi Genocide Watch December 1, 2023 Methodology This report is based on interviews that Raziya Masumi of Genocide Watch personally conducted with victims and eyewitnesses of the Taliban’s crimes against Hazaras and Shia religious minorities. Genocide Watch has also received images that depict torture and killing of Shia civilians that cannot be published online. Conclusion The Taliban have committed genocide and the most serious crimes against humanity in Afghanistan against Hazara and other Shia religious minorities. The Taliban have violated the Genocide Convention. They have also committed crimes against humanity in violation of Articles 6 and 7 of the Rome Statute of the International Criminal Court. The Taliban have violated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The U.N. Security Council should refer the situation in Afghanistan to the International Criminal Court (I.C.C.). Taliban leaders should be charged and tried by the I.C.C. for their crimes. Nations with universal jurisdiction should also investigate, charge, and try Taliban leaders for their crimes. Suicide attack on Kaaj educational center killed at least 68 Hazara girls / Photo credit MurtazaKhademi See Report on The Girls of Kaaj by Raziya Masumi, Genocide Watch.. Analysis The findings will be analyzed with the Ten Stages of Genocide model used by Genocide Watch, conceived by Dr. Gregory Stanton, Founding President of Genocide Watch. The Ten Stage model is the most powerful model for predicting and preventing genocides. It is used by the U.N., many governments, and by genocide scholars around the world. The model has predicted every genocide since 1989. It was first published in the U.S. State Department in 1996. No statistical risk model equals it in predicting when, how, and why genocide will occur because it is a processual, event-driven, and evidence-based model rather than an annual statistical risk model created from abstract variables. I. Classification The first stage of the genocidal process is classification. People are classified by ethnic group, religion, race, nationality, language, or other characteristics. Classification is present in every culture and in every language - indeed linguists consider it one of the two fundamental poles of language.1 Classification does not cause genocide. But when it is combined with discrimination or dehumanization, classification divides societies. In divided societies, this process identifies members of a group as either "us" or "them." It is a necessary condition for genocide. The Taliban distinguish Hazaras and Shia religious minorities from other groups in Afghanistan. The Taliban do not recognize Shia Islam as a legitimate religion. The Taliban authorities have announced many times that the only accepted religion in Afghanistan is Sunni Islam. Hanafi, Hazara, Sadat, Qezelbash, and Ismaili religious groups are not accepted.2 The Taliban plan is to abolish all Shia religious activities in Afghanistan. This exclusionary ideology targets young boys who are studying at schools under the Taliban regime. According to eyewitnesses, Taliban police search schools and ask students how they pray. Based on their answers, the Taliban target Shia children and subject those children to beatings. These dehumanizing tactics often force Shia children to leave school. The Taliban also classify Shia religious minority groups according to their language, Dari, a ‘Persian’ language. The Taliban do not recognize Persian languages. The only language permitted in Afghan schools and official communications is the Pashto language.3 1 Roman Jakobson and Halle,Morris (1956) Two Aspects of Language and Two Types of Aphasic Disturbances in Fundamentals of Language. The Hague & Paris: Mouton. 2 https://euaa.europa.eu/country-guidance-afghanistan-2023/3142-individuals-hazara-ethnicity-and-other- shias 3 https://thediplomat.com/2023/08/decoding-the-talibans-anti-persianism/ Taliban removed "Persian" words from banners at universities in BalkhProvince. Photo Source:Social Media II. Symbolization Symbolization is the second process in the development of genocide. Like Classification, it is universal and does not necessarily lead to genocide. Symbolization adds the second fundamental operation of all languages: combination (syntax). Symbolization connects words and other symbols to classifications. It provides names for groups. It may also denote physical symbols, such as dress, that identify members of a group. Sometimes the symbols are imposed by rulers who target groups they plan to attack. The yellow star that Jews were forced to wear by the Nazis is the most famous example of symbolization. Every religious or ethnic group has its own symbols which define and characterize its religion and culture. Shia religious symbols and traditions include flags and signs that proclaim the names of their Imams. Shia religious ceremonies include rituals during Ashura. Shia religious rituals include the ways Shia say prayers. Shia architectural structures, their mosques, provide settings for the practice of Shia religion. Shia schools, medical facilities, and markets are distinctive places where Shia people gather. ISIS-KP has targeted many Shia mosques. ISIS-KP has attacked maternity hospitals and schools in western Kabul, where many Shia Hazaras live.4 According to an inhabitant of western Kabul interviewed for this report: Taliban soldiers remove a banner from a religious ceremony of Shias during Ashura. Photo Source:Social Media Video Link: https://www.youtube.com/watch?v=44pZESlRibw 4 https://www.hrw.org/news/2021/10/25/afghanistan-surge-islamic-state-attacks-shia The Hazara woman continued: “This is a nightmare for us because we cannot practice our religion in a peaceful and secure area.” History repeats itself, as descendants of Hindus and Sikhs who fled from Pakistan to Afghanistan at the time of India's partition are now fleeing Afghanistan because of the increase in terrorist attacks against them.5 III. Discrimination The third stage of the genocidal process is Discrimination. By law, custom, or organized campaigns, an ethnic or religious group is denied its civil rights. It may be forbidden to hold public office or positions in the civil service or universities. Members of the group may be stripped of their citizenship and denied the right to vote. Members of a pariah group may be forbidden to marry members of the dominant group. They may be barred from use of parks, restaurants, and public facilities. They may only live in segregated ghettos. Examples of discrimination were the Nuremberg Laws that expelled Jews from universities and government jobs and restricted their rights to marry in Nazi Germany. The Taliban have developed discriminatory policies against Hazaras and Shias. They prevent Hazaras from working in the government.6 The Taliban prohibit Hazaras from joining together in social gatherings. The Taliban have forced Hazaras to close their private schools, educational centers, and libraries.7 Official Taliban communications never mention Hazaras and Shia minorities. The Taliban have announced that their government is for the benefit of the Pashtun ethnic group. 8 Taliban leaders speak only Pashto in media and public places. They humiliate Persian speakers who send them letters or speak to them in Dari. The Taliban forbid public cultural expression by Persian speaking communities. 9 They have removed all pictures and books of renowned Hazara and Persian poets and philosophers from universities and schools. 10 The Taliban attacked a Hazara crowd gathered for the religious ritual of Ashura. Photo Source:Social Media Video Link: https://www.youtube.com/watch?v=44pZESlRibw 5 https://www.voanews.com/a/extremism-watch_sikhs-and-hindus-afghanistan-limbo-after-march-deadly- attack/6188647.html 6 https://extremism.gwu.edu/risks-facing-hazaras-in-taliban-ruled-afghanistan 7 https://minorityrights.org/minorities/hazaras/ 8 https://www.rferl.org/a/1098593.html 9 https://www.aljazeera.com/features/2021/6/6/the-keeper-of-afghanistans-poetic-past 10 https://8am.media/eng/2022/09/21/https-8am-af-eng-talibans-controversies-on-persian-words-continue/ A Hazara eyewitness from one of the schools under Taliban control told me that Taliban officials monitor schools. They force schools to teach topics only in Pashto. Taliban authorities search classrooms and ask students questions in the Pashto language. When the students cannot respond in Pashto, Taliban authorities humiliate and insult them. This discriminatory Taliban harassment of children of Dari/Persian speaking communities has driven many Hazara children to stop attending school. IV. Dehumanization Dehumanization is a driving force in every genocide. The perpetrators convince the general population that their victims are not fully human. They call them "vermin", "cockroaches", "cancers", "scum", "filth", "infections", or "disease-bearers." Propagandists call the victims "invaders," "rapists", or "criminals." Their "otherness" is denoted by terms like "foreigners", "terrorists", "illegal aliens", "infidels", "heretics", or "devil worshipers." One reason why dehumanization is a process in every genocide is that it relieves murderers of guilt or shame for killing non-human beings. Indeed,many genocidists believe they are doing good. They are "cleansing" their society, "disinfecting" it, "purifying" it. They are ridding their country of "invaders" or "illegal aliens". They are defending the true religion. The Taliban dehumanize Shias.The Taliban falsely accuse Hazaras of crimes. They arrest, imprison, and execute them. The Taliban dehumanize Shias by spreading propaganda throughout society. According to a young boy’s testimony from Kabul, the Taliban refers to Shias as “dirty creatures” that must be punished.The young boy added that he hides his religion, the Sadat Shia religion, when he is at school. He said that the Taliban single out Hazaras based on their appearance and facial features and separate them from others in society. Serajuddin Haqqani, the Taliban's acting minister of interior affairs, broadcast a widely circulated audio file to social media that describes Shias as “the most dangerous people in the world.”11 He added that all Shias are liars. He accused Shias of not believing in the Quran and Islam. He emphasized that Shias are not true Muslims. He added that Shias are worse than Jews and they must be destroyed. His language is reminiscent of the dehumanizing propaganda that the Nazis inflicted on Jews during the Holocaust.12 Serajuddin Haqqani the minister of Interior Affairs for the Taliban said: "Shias are worse than Jews and Christians. They must be destroyed." Photo Source: Social Media Haqqani is a war criminal who should be indicted and tried by the I.C.C. or tried in a country with universal jurisdiction for his crimes in violation of the Geneva Conventions, crimes against humanity under the I.C.C. Statute, and acts of genocide prohibited by the Genocide Convention. 11 https://www.ecoi.net/en/file/local/2086870/20230207-Hazara-and-Shia-under-Taleban-FINAL.pdf 12 https://www.youtube.com/watch?v=Vu9tmbjBY14 13 https://www.isas.nus.edu.sg/papers/the-haqqani-network-and-indias-afghan-dilemma/ The Taliban executed over 150 Hazara Shias in Balkhab District, Bamyan Province in 2022. The Taliban would not permit proper Islamic burial of their bodies. Credit: Jade-Abresham(Silk Way)Weekly V. Organization Organization is essential to genocide because it is a group, not an individual, crime. The crime is not genocide when a deranged individual with an AR-15 commits a mass shooting. Genocide is a planned group crime, that often includes multiple massacres of people because of their group identity. Usually, genocide is committed by the military of a nation-state or by state-supported militias. It can also be committed by a terrorist organization like Al Qaeda or ISIS. The Taliban organize their secret police to spy on, arrest, and torture Hazaras and Shia minorities. The Taliban arrest, imprison, and murder Hazara boys and men. They force Hazara women and girls to wear suffocating burqas and forbid them to work outside their homes. The Taliban run a vast nationwide prison system where torture is routine. One of the victims who was arrested by Taliban soldiers and who spent two months in prison, told me the following story: “I was living with my cousins in a shared place in Kabul. One day, Taliban soldiers invaded our house and searched every room. Two of them pointed their guns at us. One of the soldiers demanded that we take off all our clothes so that they could strip-search us. I was shocked and told them, “It is not possible." The other soldier attacked me and beat me up. They forced us to take off our clothes. I have a tattoo on my right arm that says ‘Mother’ because I Iost my mother when I was three years old. When the soldiers saw my tattoo, they called me ‘Evil’ and ‘Infidel’ and ‘Dirty Creature’. They beat me more than eighty times. I was so terrified that afterwards, I couldn’t feel or see anything. They forced me and my cousins into a car and took us to prison. I spent two months in confinement. Every afternoon the soldier who was responsible for beating prisoners and torturing them came to my cell. He beat me by kicking my stomach. He stopped giving us water. When we wanted food, they urinated on it. One day, the head of the prison came to us and ordered us to write a letter confessing that we were ashamed about our appearance and our religion. He forced us to write, "We are delivered from evil. We will become clean human beings after spending time in the Taliban Islamic Emirate prison.” According to statements made by many prisoners under the Taliban regime, the Taliban use an array of torture tactics against them. Taliban threw acid on the hand of a boy who had a tattoo on it. Source:Social Media VI. Polarization Polarization is the process by which moderates who may be neutral are exposed and forcibly recruited into membership in genocidal organizations or they are driven out of a society. The logic of extremism is, "If you're not with us, you're against us." Polarization is necessary for genocide because moderates from the perpetrator's own group are best able to prevent a genocide. That is why the first people the Nazis arrested were not Jews. The first people sent to Dachau were liberal German priests and pastors and German socialists and communists who opposed Hitler. In Rwanda, the first people to be murdered were moderate Hutus who served in the Rwandan government, like the Hutu Prime Minister Agathe Uwilingiyimana and the Hutu President of the Constitutional Court, Dr. Joseph Kavaruganda. Polarization divides the population so that moderates cannot oppose the leaders of the genocide. If they do oppose the genocidists, they are arrested and imprisoned or murdered. The Taliban terrorize the population into perpetual fear of being arrested and imprisoned. The Taliban divide their opponents according to the following classifications: 1- Freedom fighters The Taliban punish those who fight against their ideology and government. The Taliban accuse them of the crime of “Moharebah” which is an Arabic word that means “enemy against God”. The Taliban believe that their government is representative of God’s authority in Afghanistan. Consequently, any opposition to their government equals hostility against God. The Taliban arrest and execute those who fight in resistance movements against their forces. When protesters in Panjshir province announced their disagreement with Taliban policies, the Taliban killed at least twenty protesters. Taliban gunmen in Panjshir murdered at least 20 peaceful civilian protesters. Credit: The Guardian/ Getty Images 2- Ethnic minorities Hazaras and other ethnic minorities in the central provinces are often arrested by the Taliban.The Taliban arrest young Hazara boys, torture Hazara men, and rape and kill Hazara women and girls.The Taliban have tortured and killed hundreds of Hazaras in the Daikundi, Ghazni, and Saripol provinces. 3- People who wear jeans, have tattoos,or who do not wear beards The Taliban arrest and punish older boys and men who do not have beards. The Taliban whip and torture them. One of the victims who escaped from a Taliban prison told me this story: “One day, the Taliban arrested me and my friends on the street and took us to prison. One of their soldiers started beating us. The soldier said that our appearance without a beard is Haram (forbidden) under the Islamic Emirate regime. He accused us of being anti-Islam. Every day at least twenty Taliban soldiers spat on us. They insulted and humiliated us. I have very bad feelings whenever I remember those dark memories. They burned all our clothes. They didn’t give us new clothes. Instead, we were forced to wear rags.” A barber shared his story: “The Taliban soldiers inspected all shops and barbershops. One day, one of them came into my barbershop and asked me why I displayed pictures of men with different hairstyles on the wall. He asked me if I was a Muslim and if I knew that the pictures are Haram in Islam. I was shocked and couldn’t even speak to them. More of them came into my shop and started beating us. One of them yelled at me with hate and anger in his voice that the Taliban have carried out jihad (a struggle or fight against the enemies of Islam) over the past decades to stop people like us. He added that I must be ashamed of what I had done. He slapped my face more than ten times and my nose and mouth started to bleed.The other soldier brought a whip and started beating me. I only saw darkness around me and couldn’t open my eyes because they were swollen shut in pain. One of them kicked me in my right kidney. Then they broke everything I had in the shop and shattered all the windows and glasses. They kicked me outside the shop and put a red line on my shop’s door. One of my neighbors saw me and called my family members. My father came and took me to the hospital. I lost one of my kidneys.” Taliban Ministry for the Propagation of Virtue and the Prevention of Vice cut hair of man on street as punishment. Photo Source: Social Media 4- Activists and Journalists Since they came back into power, the Taliban have targeted and arrested women’s rights activists and journalists. The Taliban have arrested the following activists: Zarifa Yaqoobi, Farhat Popalzai, and Humaira Yusuf. An anonymous women’s rights activist who was imprisoned by the Taliban explained how the Taliban treat women in prison. She said: “The soldier who was responsible for us came every day and talked to us. The soldiers told the women that they must confess that they have betrayed the Islamic Emirate. He said that this betrayal is an unforgivable crime. The commander of the soldiers wrote an apology letter and we were forced to read and sign it." The woman said that she was held in a tiny cell with her three-year-old daughter. Other women were also imprisoned with their children. The Taliban soldiers threatened the women by saying they will take their children away from them. "Every night the soldiers came and picked a single woman to rape. Every night one soldier was ordered to scare women and children. He shouted at us, insulted us, and beat the prison walls with a metal truncheon. He made a lot of noise. Our children screamed with fear. My daughter still has nightmares every night. She screams while she is sleeping. She remembers those dark memories. The soldiers didn’t give us water. They sometimes withheld water from us for three days straight. Our children cried and begged us for water. [The Taliban soldiers] had no mercy for the children. I sometimes thought to myself that I would never be free again.” One of the journalists who was arrested by the Taliban also described his experiences in prison. A Taliban detective whipped him every day. He added that: “Their detective threatened to kill my wife and children. They tied my hands and feet and carved a line on my body with a knife. Some days, they heated a metal baton and held it on my back to burn me. I can’t believe that I am still alive after the vicious torture in the Taliban prison.” An Afghan journalist who was arrested and tortured by the Taliban. Photo Source:Social Media VII. Preparation Every genocide is planned. Genocide does not consist of random acts of violence. The Genocide Convention defines genocide as the "intentional destruction of a national, ethnic, racial or religious group, in whole or in part". To be convicted of genocide, a person accused of genocide must have been aware, or should have been aware, that his actions were part of planned or organized killings or other acts of genocide against members of a national, ethnic, racial, or religious group. The discriminatory policies of the Taliban against the Hazaras are evidence of their hatred against Hazaras. Many Hazaras have been forced to leave Afghanistan by Taliban soldiers who take their land and their houses. One eyewitness who lived in the Dehdana district in Kabul explained that she had to take her son for medical treatment to Pakistan and after she came back, she saw that a Taliban soldier had invaded and stolen her house. When she complained to the Taliban soldier, he responded, “This house was empty. No one was living here. The Islamic Emirate has ownership of all empty houses in Kabul.” Taliban seize houses from Hazara, confiscate their crops and animals, and force them to flee their villages. Credit: Radio Free Europe She told the soldier, “Here is my property. I am the owner of this house and I have documents.” In response, the soldier threatened to kill her entire family and burn their corpses in the house if she continued to protest. She had no option but to flee from her house. Taliban leaders move their soldiers and their families into city centers and steal people’s personal property. The soldiers especially steal property that belongs to Shia families. The Taliban have also moved their families into all empty governmental buildings. In their formal regulations, the Taliban do not acknowledge any ethnic or religious minorities because they believe that the only true citizens of Afghanistan are Pashtuns. According to eyewitness testimonies, the Taliban have promulgated corrupt governmental policies. For example, they increased the cost for accessing identification documents. One Shia scholar explained that the Taliban now refuse to stamp or verify Shia marriage certificates. This Preparation indicates that the Taliban are already preparing to exclude Shias from Afghanistan. They have already begun to enforce this policy and to forcibly displace and deport Hazaras. Another eyewitness explained that the Taliban change the names of Shia children who attend schools. This is a way to further disrespect the Shias’ religious culture and to actually change the ethnic identity of Hazara children. Forcibly kidnapping or changing identities of children is a violation of Article 2 (e) of the Genocide Convention. One student’s father went to the Office of Registration of Population to get a new Tazkira (Identity Card) for his son. He explained his story: “The Taliban religious leaders changed my son’s Shia name. His teacher beat him and insulted him in front of his classmates because of his Shia name. I must follow up with the administration until the Taliban allow my son to return to school again with his Shia name. Shias have no freedom in Afghanistan. The Taliban treat us inhumanely. It is very difficult for us to live in this situation.” The Taliban’s discriminatory policies towards Hazaras and other minority groups make it highly likely that Taliban violence against ethnic and religious minorities will continue. Taliban forced Hazaras to leave their properties in Daikundi province. Photo Credit: Hossain Atash VIII. Persecution Persecution is the culmination of the earlier processes of genocide. Targeted groups are driven out of their homes into ghettoes, or into refugee camps or Internally Displaced Persons camps. They are cut off from their livelihoods and sources of food. Their land and houses are confiscated without compensation. They are barred from voting, from positions in government, from health care, and from education. Afghan rulers have carried out mass killings of Hazaras for over a century. The Iron Emir Abdur Rahman Khan who unified Afghanistan in the 1890's, slaughtered sixty percent of the Hazara population. The Taliban target mosques, educational centers, maternity hospitals, and Hazara social gatherings. In August 1998, the Taliban massacred over 8000 Shia Hazaras in Mazar-I-Sharif in northern Afghanistan. The Taliban also murdered hundreds of Hazaras in Bamyan, where they blew up two huge rock-cut statues of Buddha. Even under the U.S. supported non-Taliban war-time government, suicide attacks against Hazaras by the Taliban, Haqqani Network, and ISIS-KP continued. Since the Taliban have re-taken power, Hazara and other Shia people have experienced regular massacres and other acts of genocide. The Taliban committed war crimes and acts of genocide against the Shia Hazara population in Balkhab district, Bamyan Province in 2022. They executed 150 civilians after they were subjected to prolonged torture. The Taliban refused to allow the survivors to give their dead proper Islamic burials. The Taliban soldiers then danced in the Balkhab Shia mosques and seminaries as a sign of disrespect for the Hazara people they had murdered. Photos of the victims' bodies show severe signs of torture, such as gouged out eyes and amputated body parts. Photos and videos also show Taliban soldiers raping women and girls. Mass rape is a common tactic in genocide and is recognized as an act of genocide in international law (ICTR: Akeyesu case.) The Taliban routinely use mass rape against Shia women and girls. A family member of a girl who was forced to marry a Taliban soldier told me: “The Taliban invaded our house in the west of Kabul. The head soldiers came and asked me where the girl was. I was shocked and scared. He told me to bring the girl because they were there to conduct her marriage ceremony with a soldier. The soldiers said to the father of the girl that if he disagreed, the soldiers would rape his daughter and his wife. The soldiers told him that he had to force his daughter to get married immediately. They started beating me and they broke one of my legs. Our daughter is a victim of the Taliban’s crimes. I have no news about where she is now. What is she doing? Maybe she has committed suicide.” The Taliban forbade Islamic burial of bodies of 150 Hazaras killed in Balkhab, Bamyan 2022 IX. Extermination Extermination is the stage of genocide when lawyers who do not understand genocide finally become willing to call the crime by its proper name: GENOCIDE. Many lawyers think that only mass killing constitutes genocide. Many also think that to be genocide, the intent of the perpetrators must be to destroy a whole group, not just part of a group. Most lawyers haven't read the Genocide Convention14. They ignore the fact that the Convention lists four other acts of genocide: Article 2 of the Convention defines genocide as: ... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. Article 3 defines the crimes that can be punished under the convention: (a) Genocide; (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; (e) Complicity in genocide. The Taliban have committed and are committing every one of these acts of genocide. Hazara mothers mourn deaths of their sons in Hazara boys' school bombing in Afghanistan...credit - Reuters 14 Convention on the Prevention and Punishment of the Crime of Genocide, Articles 2 & 3 X. Denial 15 Denial begins in the earliest stages of every genocide and continues long after the genocide is over. The perpetrators deny they committed any crime. They discount the statistics. They say the truth-tellers are motivated by allegiance to enemies. They claim the deaths were inadvertent. They say the victims were really invaders or foreigners. They say the deaths were the results of war. They say that it was really a civil war, not a genocide, as though the two are mutually exclusive. They blame out-of-control rogue forces for the killings. They blame the victims. They say the victims were a traitorous force determined to destroy the nation or the true religion from within. The lawyers say the killings don't fit the legal definition of genocide. The lawyers say there is not enough proof of the "specific intent" to commit genocide. They say that current economic or political relations with the perpetrators outweigh punishing them for genocide. They say that peace and reconciliation are more important than trying the perpetrators and preventing genocide. The Taliban deny that they have committed any crimes against civilians, especially minority groups, in Afghanistan. The Taliban believe that killing civilians who do not comply with their policies and beliefs is legal. Zabiullah Mujahid, the spokesperson of the Taliban, joined in a religious summit of Shia leaders to give the false impression that the Taliban respect Shias. Photo Source: Social Media The same Taliban leaders who organized support for the Al-Qaeda terrorist group have emphasized many times that they will punish those who oppose the Islamic Emirate. According to the Taliban’s official policies, anyone who has a different religion is “Mahdur-ul-dam,” which is an Arabic term that means “it is allowed to shed their blood.”16 There are no signs that the Taliban will stop their genocide and crimes against humanity against Hazaras and Shias. If the current Taliban genocide worsens, there is a grave risk that the genocide against minorities in Afghanistan will spill over into Pakistan where Hazaras and other non-Sunni Muslims also live. The Taliban pretend that the situation in Afghanistan is "normal." The Taliban claim to have eliminated crime and war. Promoters of fundamentalist Wahhabist Islamist monarchies like Saudi Arabia, Qatar, and the United Arab Emirates would like the West's democracies to look the other way while they become the Middle East's authoritarian power brokers. Meanwhile the Taliban starve their people, commit genocide against the Hazaras and other Shia Muslims, and destroy the educational and other human rights of all Afghan women and girls. 15 https://www.genocidewatch.com/twelve-ways-to-deny-genocide 16 https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban Much of the West would like to believe that after tiring of their war against the Taliban and their abandonment of Afghanistan, they can now ignore Afghanistan. The U.S., U.K., NATO and the U.N. hope that somehow the Afghan people will eventually overthrow Taliban tyranny. The Taliban must be resisted and overthrown by the Afghan people. But the West offers almost no support, even for Afghan groups that non-violently resist Taliban tyranny. Meanwhile how many lives will be lost? How many children's futures will be destroyed? If genocide and tyranny are "normal," the future of the world is even darker than pessimists and "realists" think. The conclusion of this report is that the Taliban continue to commit genocide and crimes against humanity against Hazaras and other Shia people. The situation in Afghanistan should be referred to the International Criminal Court. The leaders of the Taliban must be tried for their crimes. I hope that the eyewitness testimonies featured in this report will help to shine a light on the truth about the Taliban genocide in Afghanistan. Creative Commons Copyright 2023 Raziya Masumi and Genocide Watch, Inc.

Event to mark the 75th Anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide and the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime FRIDAY, 8 DECEMBER 2023 11:00AM – 1:00 PM EST TRUSTEESHIP CHAMBER UNITED NATIONS HEADQUARTERS “A Living Force in World Society: The Legacy of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide” By its resolution 69/323 of 29 September 2015, the United Nations General Assembly established 9 December as the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime. 9 December marks the day in 1948 when the United Nations General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention). Every year, the United Nations Special Adviser on the Prevention of Genocide organizes events to mark this International Day, honoring the victims of genocide and the anniversary of the adoption of the Convention. The 1948 Genocide Convention codified for the first time the crime of genocide in international law. Its preamble recognizes that “at all periods of history genocide has inflicted great losses on humanity” and that international cooperation is required to “liberate humankind from such an odious scourge”. To date, 153 States have ratified the Convention. Achieving universal ratification of the Convention remains an important step in advancing genocide prevention. The Genocide Convention includes the obligation not only to punish the crime of genocide but, crucially, to prevent it. In the 75 years since its adoption, the Genocide Convention has played an important role in the development of international criminal law, in holding perpetrators of this crime accountability and in giving a voice to its many victims. The principles set out in the Convention have been utilized by international criminal tribunals to prosecute perpetrators, and the crime of genocide, as set out in the Convention, today forms part of the core crimes for which the International Criminal Court has jurisdiction. The Convention has also supported national jurisdictions to ensure accountability for this crime. At the same time, the prevention obligation of the Convention has provided a framework for promoting early warning and it has spurred national, regional and international mechanisms for prevention. This year’s event to mark the 75th anniversary of the Genocide Convention will seek to highlight some of the achievements that emanate from the Convention, showcasing its lasting legacy. The event will also reflect on the challenges that remain. Genocide is still a threat in the world today. Around the world, populations remain at risk of this crime. The need to invest in prevention as envisaged by the Convention drafters 75 years ago remains as relevant as ever. The event, therefore, will also seek to showcase the work of champions of prevention and their tireless efforts to protect populations from the scourge of genocide. The event will build on a series of expert meetings to be convened by the United Nations Special Adviser on the Prevention of Genocide in the lead up to the 9 December event, which will seek to explore in detail the impact of the Convention in the areas of accountability, protection and prevention. The event will commemorate the 75th anniversary of the Genocide Convention by: I) Showcasing its legacy and impact at the international, regional and national levels. II) Demonstrating its continued relevance as a tool for prevention and punishment of the crime of genocide and showcasing positive examples of champions of prevention working in the fields of prevention, protection and accountability for genocide. PARTICIPANTS The event will be open to Member States, UN staff, civil society, media and the public. Permanent Representatives of Member States in regional groups will be invited to speak. FORMAT AND AGENDA: The event will be held in person at the United Nations Headquarters in New York, at the Trusteeship Council Chambers. To participate in person please RSVP here It will also be live webcasted on UNTV (http://webtv.un.org). Detailed agenda to follow.

A video circulated on social media but not independently verified purports to show Russian forces shooting troops who appeared to be surrendering. Destroyed houses in the city of Avdiivka, near the village where the soldiers were killed. Credit...Nicole Tung for The New York Times By Matthew Mpoke Bigg Dec. 5, 2023, 2:04 p.m. ET Prosecutors in Ukraine have started a war crimes investigation into whether Russian troops shot dead two Ukrainian soldiers who were in the act of surrendering, the latest episode in which the government in Kyiv has accused Moscow of violating the Geneva Conventions. The prosecutor general’s office said that the incident took place at an observation post in Donetsk region outside the village of Stepove, a few miles northwest of the city of Avdiivka, which Russian forces have attempted to storm in recent weeks. It did not say when the incident took place. “The killing of prisoners of war is a gross violation of the Geneva Conventions and amounts to a grave international crime,” the office said in a statement on the Telegram messaging app. Reports of summary executions and the mistreatment of prisoners of war have fueled outrage in Ukraine, symbolizing what Ukrainians view as the cruel and lawless nature of the full-scale invasion that the Kremlin launched in February last year. A video of the purported incident circulated online over the weekend. It shows a man in combat uniform and helmet emerging gingerly from a foxhole with his hands behind his head. He is watched by at least five soldiers poised a few yards away who point what appear to be machine guns at him. The man, who does not appear to be armed, lies face down in the dirt, facing away from the other men. The State of the War U.S. Aid Warning: The White House said that the United States would run out of money to send weapons to Ukraine by the end of the year if Congress does not approve additional emergency support that has been snarled by funding debates. Crossing the Dnipro: Ukrainian troops have taken positions on the east bank of the river, posing a threat to Russia’s dominance of the region. Here is a look at the battlefield and the strategic implications. A Wrenching Choice: Ukrainian refugees who fled Russia’s invasion for temporary homes in Germany were welcomed with safety, services and jobs. As the war grinds on, giving that up to go home is not a simple decision. After a second man in uniform emerges with his hands on his head, the soldiers open fire, puffs of smoke visible from their guns. The first man briefly attempts to get up. The video, which is in black and white and had been set to ominous music, appears to have been filmed from a drone flying above tree height. The New York Times was not able to verify the video’s authenticity given its resolution. The United Nations’ Human Rights Monitoring Mission in Ukraine, which has analyzed the video, said that in its present form it provides insufficient information to determine exactly what happened, according to a spokesman, Krzysztof Janowski. Ukrainian troops later retook the trench, killing the Russian soldiers seen in the video in battle, according to Vitalii Barabash, the head of the military administration in Avdiivka. It was not possible to verify that claim. War crimes are central to Ukraine’s accusations against Russia, and the execution of surrendering prisoners, if confirmed, could qualify as a violation of the Geneva Conventions. The International Criminal Court in March issued an arrest warrant for President Vladimir V. Putin of Russia and a second Russian official on accusations of war crimes over the abduction and deportation of children from Ukraine. In March, Ukraine began a war crimes investigation into a video that emerged of what it said was the execution of a Ukrainian prisoner of war by Russian soldiers. Also that month, United Nations investigators said they had documented 15 cases in which Russian soldiers had summarily executed Ukrainian soldiers and 25 cases in which Ukrainian soldiers had summarily executed Russian troops. Ukrainian officials contested the report’s findings. In another report, in October, United Nations investigators said they had verified six additional cases in which Russian security personnel had executed Ukrainian troops. Rights group say that both sides have abused detainees, but that Russia’s treatment of surrendering soldiers and detainees is far more severe. And while Kyiv has granted rights groups access to some detention sites, Moscow has not. © 2023 The New York Times Company

To watch video, click on image. Source: YouTube The Draft Broadcast Bill Is a Blueprint for Censorship By Seema Chishti It’s nearly Christmas, and as ‘headlines of the year’ are feted, the Internet Freedom Foundation description of the Modi government’s latest censorship drive – ‘Broadcast Services Bill Not Looking Like a Wow’ must stand on the podium. As a charter for censorship, the Broadcasting Services (Regulation) Bill, 2023 (Broadcast Bill) drafted by the Ministry of Information and Broadcasting (MIB) is a remarkable instrument. Released for public comment on November 11, this is an omnibus set of rules aimed at shutting down any news or views even mildly not in the service of those who happen to be in government. Comments can be given in till this Friday. If enacted, it is hard to see how any future government would want to get rid of it. The “central government” wants to drag independent news into a censor board framework. No independent regulation is proposed. The government is everywhere and in control. The dubious ‘3-tier’ regulatory structure proposed is recycled out of IT Rules 2021, which has been stayed by two high courts. That it runs to 72 pages, compared to the nine pages that the Cable Television Networks (Regulation) Act, 1995 it purportedly is intended to replace, is also a statement. Who is sought to be controlled through this? Unlike the Cable TV Act, which only covered broadcasts uplinked or downlinked via satellite, the Broadcast Bill includes broadcasting via the Internet. This means any content published via YouTube or any website will automatically be covered. Thus, all Over-the-Top (OTT) content and digital news providers are to be brought under government oversight. But who else exactly is still not very clear, and not because unsmart people have drawn this up. Quite the contrary. The idea is to give enough room in the clauses to hustle every kind of animal into the tent. OTT, those doing video online, those reposting it, forwarding content are covered, if you read this definition of the “programme” under review – in definitions, 1 (dd) on page 6 of the draft – “Programme” means any audio, visual or audio-visual content, sign, signals, writing, images which is transmitted using a broadcasting network, and includes: (i) Exhibition of films, features, dramas, documentaries, advertisements and serials; (ii) Any audio or visual or audio-visual live performance or presentation and the expression ‘programming service’ shall be construed accordingly. So, are digital websites included in the phrase, “writing”? They may not, but they could be! The writing is suitably vague to not be restricted to a reference to just captions or astons on audio-visual, but “writing” – such as what you are reading now. The least wow The most egregious over-reach in the draft is the clubbing of news (independent news websites, individuals now established as popular points for news and views, explainer videos, other audio-visual material available online) with OTT content, shows, serials, documentaries and other features traditionally subject to a certification norm. By introducing this as a “combo-pack” as Jawhar Sircar, an ex-CEO of Prasar Bharti put it, news for the first time is being put into a Central Board of Film Certification or CBFC inspired regime reserved for cinema. These are first steps to establish a blueprint for pre-censorship. All data points to India’s 692 million mobile users increasingly using their phones to “watch online videos”, news, movies, other things – that is, pull content and not push, like TV or the screening of cinema in public spaces. So where is the case for uber-regulation of this medium? Lawyer Nikhil Pahwa cited the case made by Mukul Rohtagi as attorney general, for the government not wanting to regulate porn, as it is viewed in one’s private space, “We cannot become a totalitarian state,” he told the court in 2015. So where is the case to pre-censor news on digital? As the Internet Freedom Foundation’s brief points out, even when it comes to the CBFC regime, or pre-viewing certification regime, or the one observed by cinema and other public audio-visual material goes, this government’s own Shyam Benegal committee from 2016 had suggested a revamp and explicitly said a “moral” approach to censoring content must be avoided, so there is a backslide on that. Not only are the Benegal committee ideas being junked, news is being pushed down the same dark road. A blueprint for pre-censorship and censorship The phrase pre-censorship is not used lightly, as the ‘three-tier’ system – the so-called regulation being proposed – ensures there is “central government” presence at all tiers of the structure. The government comes in again in the end, deciding on whether content needs to be taken down, news persons fined, imprisoned or if devices can be confiscated. The three tiers proposed are: Self-regulation by broadcasters and broadcasting network operators Self-regulatory organisations (SROs) Broadcast Advisory Council (BAC) The ‘self-regulation’ mandates each broadcaster/operator to set up a grievance redressal cell. In addition to that, each broadcaster must have a Content Evaluation Committee (CEC), which will have to certify all material going out. The composition of this committee, its size, quorum and other details, will all be decided by the government. Editorial boards are passe, clearly, as a ‘committee’ would now be required to pre-certify, for example, whether a Ravish Kumar can do a show on the BCCI on Friday afternoon. As all broadcasters/operators are expected to join “SROs”, Clause 26 stipulates that these “SROs” will address all grievances, appeals, other things not addressed by the individual broadcasters and issue guidelines, to ensure compliance to the “codes” decided by the government (a programme code and an advertising code, not yet made public). Punishment can mean temporary suspension, expulsion from membership, advisory, warning, censure, and/or fine up to Rs 5 lakh. Clause 27 tells us how the Broadcast Advisory Council (BAC) will be set up and function. An independent member with 25 years of experience in the media industry will function as the chairperson. There would be in addition, five ex officio government officers representing the MIB, Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of External Affairs, and Ministry of Social Justice and Empowerment. The clause also says there would be five additional “eminent independent persons”, all central government appointees. “The terms and conditions related to the appointment of members to the Broadcast Advisory Council, the manner of their selection, tenure and the manner of performance of their functions shall be such as may be prescribed.” The BAC shall “hear complaints regarding violation or contravention of the Programme Code or Advertisement Code”, and also hear appeals on decisions of “SROs”. The BAC will then give its recommendations to – who else – the “central government”, which will be able to inspect, intercept, monitor, and seize the equipment of broadcasting networks and services. What’s wrong with this? First, this controversial three-tier structure is all “central government”, of dubious constitutionality, and is not being based upon wide and deep public consultation. Second, it mimics what the controversial IT Rules, 2021 prescribe. These have been challenged in court, including this ‘three-tier’ mechanism, and have been stayed by at least two high courts, Bombay and Madras. Not being left to your own ‘devices’ Something of deep concern has been the casual snatching/confiscation of devices of journalists, researchers and others during the course of coercive police action. Hash values are often not given, police don’t do this supported by court orders or even warrants. This is an extraordinary attack on the ability of a free press to function and has been done with increasing impunity over some years now. The normalisation of the practice, and for hundreds of journalists, makes stories of the Indira Gandhi government in 1975 stopping water and cutting electricity to newspapers seem like a dress-rehearsal. The courts have only just woken up to the far-reaching implications of this impunity, and on November 9, 2023, the Supreme Court directed that guidelines suggested by five academics as part of a petition filed in 2021, be circulated to the Union government and the states. On November 7, while hearing a petition by the Foundation for Media Professionals, the Supreme Court had asked the Union to frame guidelines on this point, and remarked that uncontrolled power to access devices of journalists was unacceptable. (Five renowned academics, Ram Ramaswamy, Madhava Prasad, Sujata Patel, Deepak Malghan and Mukul Kesavan petitioned the Supreme Court in 2021 to regulate the search of electronic devices by agents of the state, usually the police. In the course of hearings, these petitioners have suggested a set of guidelines to be issued as directions by the court.) Almost as a way to again normalise the snatching of devices and tools of a researcher and journalist, Clauses 31 onwards till 35, discuss in detail how “equipment” of said broadcasters/operators are to be treated. Clause 36(2) is the king of all clauses in this category, as it involves provision for blanket censorship. The Union government gives itself – if it deems it necessary or expedient to do so in public interest – the power to prohibit the operation of any broadcasting services or broadcasting network operators in the areas notified. Prime-digital When it comes to ‘minimum government, maximum governance’, the case is always made for regulating everything. So, of course, the press must be regulated. But regulation is regulation, not control. To term control by Union government as ‘regulation’ is the biggest typo you will be seeing this year. The Bill has 60 places where the words “as may be prescribed” features and 17 times when “as notified by the Central Government” finds a place. All agency for rule making, which will further restrict a free press, remains with the “central government.” The draft bill excludes traditional newspaper ‘replicas’ online and ‘legacy’ media is out of its remit. This may have been done to reduce the noise there could be made over this. The resistance from ‘big tech’ will not be big at all. The Washington Post has reported on the “69A meetings”, when Twitter authorities were called in to ‘adhere’ to the draconian 69A of the IT Act and pull down views and news not palatable to the central government. As per the report, an effective carrot and stick policy is in place, which ‘big tech’ is happy to play along with, as long as the cash tills keep ringing. PM Modi on September 27 said, “subscribe to my channel and hit the Bell Icon to receive all my updates.” This was no casual comment. Digital is vital in the run-up to the 2024 elections and the build up has been clear for some time now. The union government’s spend on digital advertising has rapidly outstripped that on print. As The Morning Context reported, “the annual reports of the Digital Corporation of India, a not-for-profit set up under the Ministry of Electronics and Information Technology, show that in 2016-17, the Modi government’s grant to MyGov was Rs 18.8 crore. In 2017-18, this shot up to Rs 58.2 crore, followed by Rs 58.5 crore in 2018-19 and Rs 84.88 crore in 2019-20.” This draft bill is a clear reflection of the government’s panic over diversity online. If newspapers and TV channels are controlled by restricting ads or giving the proprietor a phone call, the Broadcast Bill is an attempt to formalise the threat of punitive government action and also extend its reach to digital media. If 2019 was described by some as “India’s first Whatsapp election”, then this one appears to be heading towards being India’s first one on YouTube. Digital is clearly the big cheese and how to make India’s digital environment as monochrome as the one on television (or print) appears to be the problem this bill has set out to crack. © The Wire 2023

Nine Held Under Abusive Prevention of Terrorism Act Activists call for the release of Tamils held under the Prevention of Terrorism Act in Jaffna, northern Sri Lanka, October 13, 2017. © 2017 Tharaka Basnayaka/NurPhoto via Getty Images (New York) – Sri Lankan authorities have detained nine ethnic Tamils under the country's abusive counterterrorism law for commemorating those who died in the 1983-2009 civil war, Human Rights Watch said today. The Sri Lankan government has repeatedly assured international allies, trading partners, and the United Nations that it would replace the Prevention of Terrorism Act (PTA), which has long been used to arbitrarily detain and torture minority community members and civil society activists. The government should immediately release all those arbitrarily detained under the PTA and place a moratorium on its use until it can be repealed. “The Sri Lankan authorities’ use of a counterterrorism law against Tamils commemorating those who died in the civil war is cruelly abusive and further marginalizes a community that already faces persistent government discrimination,” said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. “President Ranil Wickremesinghe speaks of ‘reconciliation,’ but his government’s actions only serve to deepen ethnic divisions.” The authorities arrested those newly detained under the PTA between November 25 and 27 in Batticaloa, in the Eastern Province, and confiscated decorations and loudspeakers from a commemoration vigil. Since the civil war between the government and the Liberation Tigers of Tamil Eelam (LTTE) ended in 2009 with the separatist armed group’s complete defeat, successive administrations have prevented Tamils from publicly memorializing the war dead. On December 2, police in Mullaitivu district, in the Northern Province, reportedly shut down an event at a Hindu temple to commemorate the Sri Lankan army’s 1984 massacre of Tamil villagers in Othiyamalai. Preventing ethnic and religious minorities from conducting ceremonies to commemorate the dead violates the rights to freedom of religion, belief, expression, and association, Human Rights Watch said. Soon after taking office in July 2022, President Wickremesinghe ended a short-lived moratorium on the use of the PTA. A previous administration, in which Wickremesinghe was prime minister, had pledged in 2017 to repeal the law when it rejoined a European Union trading program called the Generalized Scheme of Preferences (GSP+). The GSP+ grants tariff-free access for Sri Lankan exports conditioned on compliance with international human rights conventions. Sri Lankan authorities have repeatedly renewed the pledge but never carried it out. Many of Sri Lanka’s international partners, including the United States, European Union, and United Kingdom, as well as the United Nations Office of the High Commissioner for Human Rights, criticized the recent PTA detentions. The administration has also used the PTA to restrict criticism of government management of the economy and other policies. In August 2022, three student activists were detained under the law for protesting the government’s handling of the economic crisis. Other activists say that they fear being arrested under the PTA for speaking out and that the government is constraining civil society organizations’ access to funding, particularly donations from abroad, under the guise of “countering terrorist financing.” The International Monetary Fund (IMF), which is providing Sri Lanka with a US$3 billion loan, reported in September that civil society’s “oversight and monitoring” of government actions is “restricted … by broad application of counter-terrorism rules.” In a November report on Sri Lanka’s compliance with its human rights obligations under the GSP+ trading arrangement, the EU found that “the treatment of minorities remains a concern in particular as efforts towards reconciliation are slow, and the 1979 Prevention of Terrorism Act (PTA) continues to be applied including after the protest movements in 2022, causing fear among the population and suffocating dissent. Substantial reform or repeal of the PTA in line with human rights standards remains a priority, just as Sri Lanka’s need to re-commit to reconciliation and accountability.” Despite Sri Lanka’s failure to comply with its six- year-old pledge to reform the PTA, the EU continues to extend GSP+ benefits to the country. On September 15, the government published the latest version of its proposed replacement counterterrorism legislation. It then withdrew the bill for further revisions after widespread domestic and international criticism that it reproduced many of the abusive provisions of the current law while creating new speech-related offenses that could be used to suppress dissent. The government recently proposed another law, the Online Safety Bill, that could also be used to restrict freedom of expression by creating a commission, appointed by the president, which would decide whether online statements are false or prohibited. The commission could order the removal of online statements and participate in police investigations and prosecutions of those accused of posting them. “The Sri Lankan government’s latest misuse of the PTA should be a strong reminder to the EU that its GSP+ requirements are being ignored,” Ganguly said. “The European Union and EU governments need to make their displeasure with this turn of events known.” © 2023 Human Rights Watch

An Israeli soldier walks through a tunnel underneath Al Shifa Hospital in Gaza City, amid the ongoing ground operation of the Israeli army against Palestinian Islamist group Hamas, in the northern Gaza Strip, November 22, 2023. REUTERS/Ronen Zvulun/File Israel says it uncovered 800 shafts to Hamas tunnels below Gaza Reuters December 3, 2023 JERUSALEM, Dec 3 (Reuters) - Israeli forces have found 800 shafts leading to Hamas' vast subterranean network of tunnels and bunkers since a Gaza ground operation began on Oct 27, and have destroyed more than half of them, the military said on Sunday. The Palestinian Islamist group said before the now eight-week-old war in the Gaza Strip that it had hundreds of kilometres of tunnels - a network comparable in size to the New York subway system - to protect and serve as operational bases. That has made them prime targets for Israeli air strikes with penetrating munitions and army engineers using mapping robots and exploding gel that can be poured into the passages. "The tunnel shafts were located in civilian areas, many of which were near or inside civilian buildings and structures, such as schools, kindergartens, mosques and playgrounds," the military said in a statement on Sunday. The statement, summarizing anti-tunnel operations so far, followed near-daily accounts to the media by troops who said they uncovered access shafts in civilian sites. The war's civilian toll has increasingly worried world powers. Washington urged Israel to use caution on Saturday. Of some 800 shafts discovered, the military said, 500 had been destroyed using a variety of operational methods, including by "detonation and by sealing off". It added that "many miles" of main tunnel routes had also been destroyed. Reporting by Ari Rabinovitch; Editing by Angus MacSwan Copyright 2023 Reuters

Beijing considers the spiritual leader to be a separatist and wants ‘loyal’ public sector workers. Tibetan spiritual leader the Dalai Lama prays as he presides over a prayer session in Dharamshala, India, Oct. 25, 2023. [Credit: Ashwini Bhatia/AP] Pelbar for RFA Tibetan November 30, 2023 Tibetans who want to get public sector jobs must comply with a harsh Chinese rule requiring them to denounce the Dalai Lama, the leader of Tibetan Buddhism. The move would seem to violate China’s constitution, which officially protects the freedom of religion. An official directive from Beijing released this month advertised 554 new public job opportunities in the city of Sigatse (in Chinese Xigaze) for its Village Development Expansion Program. It sought college graduates from the Tibet Autonomous Region with training in medicine, counseling and village development. Those applying for these jobs must be “trustworthy and reliable citizens,” renounce the Dalai Lama, refrain from separatism and remain loyal to the ruling Chinese Communist Party, the directive said. Beijing accuses the spiritual leader of Tibetan Buddhism, who lives in exile in India, of supporting terrorism and trying to split Tibet from China, labeling him a separatist. However, the Dalai Lama supports a policy called the “Middle Way,” which accepts Tibet’s status as a part of China but urges greater cultural and religious freedoms. China’s constitution states that “no state organ, public organization or individual may compel citizens to believe in, or not believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. However, in practice, the government often exerts its influence over religious matters. Requiring job applicants to denounce the Dalai Lama is a common tactic of the Chinese government to oppress Tibetans, said Pema Gyal, a researcher at the London-based Tibet Watch. “The Chinese government has often used the employment and education system as an opportunity to suppress Tibetans inside Tibet and violate their basic human rights,” he said. “Such guidelines and repressive conditions for job candidates created by the authorities have only made the livelihood of Tibetans very difficult.” The effort will not be successful, said Pema Gyal. “The Chinese government may use as many strategies as they want, but they cannot succeed in erasing the faith and loyalty that Tibetans have for His Holiness the Dalai Lama,” he said. RFA reported earlier this month that China held “anti-separatism” workshops that urged Tibetan students and teachers to denounce the Dalai Lama. A Tibetan resident told RFA that it is difficult for college graduates in the regional capital Lhasa to find jobs. “I have been observing this for a while,” the resident said. “A female graduate may find a very regular job of childcare in childcare centers, but it’s impossible to get a government job.” Translated by Tenzin Dickyi. Edited by Eugene Whong. © 2023 Radio Free Asia

Ahead of Election, Bangladesh’s Political Turmoil Spills into the Streets Amid violent protests and blockades, the country’s January polls might further entrench the current political divides. Wednesday, November 22, 2023 / BY: Geoffrey Macdonald, Ph.D. [Description: A BNP rally in Dhaka, Bangladesh. July 12, 2023. (Atul Loke/The New York Times)] With Bangladesh’s parliamentary elections set for early January, the opposition’s push for the resignation of Prime Minister Sheikh Hasina and the installation of an interim election-time government has reached its crescendo — sending the country’s streets and politics into tumult in the process. With no sign of political compromise in sight, Bangladesh’s January elections will likely do little to repair its deep political divisions. Unpacking the October 28th Street Protests and Their Aftermath On October 28, Bangladesh’s primary opposition party, the Bangladesh Nationalist Party (BNP), called a “grand rally” in pursuit of its “one-point demand” of nonpartisan election administration. With elections fast approaching, the rally — which Jamaat-i-Islami and other political parties joined — was widely viewed as the opposition’s last stand against the ruling Awami League (AL), prompting the AL to call a “peace rally” for the same day to showcase its own popular support. With all political competitors in the streets, violence erupted between the police and AL supporters on one side and BNP activists on the other. Each side has contested what sparked the day-long street battle. But regardless of the trigger, first-hand accounts, photos and video footage implicate both sides in violence. Police were seen assaulting unarmed citizens and firing indiscriminately into crowds. Meanwhile, mobs of opposition supporters beat a police officer to death and badly injured several others, set fire to a police hospital, attacked the supreme court chief justice’s house, and assaulted journalists. The BNP has claimed, with some corroboration, that its supporters’ violence was either deliberately provoked or part of government sabotage to defame the protest. But its role in violence and property destruction cannot be credibly denied. In response, the AL government has arrested thousands of BNP members and supporters, including the party’s secretary general and dozens of other leaders. The AL argues that the BNP’s political violence cannot go unpunished — while the opposition and rights groups claim the anti-government movement is being unjustly dismantled under the guise of law and order. Since its foiled rally, the opposition has escalated its tactics, shifting from public demonstrations to calls for nationwide strikes and blockades to paralyze transportation and commerce across the country. During the first two weeks of opposition-led blockades, at least 100 vehicles were set ablaze. The BNP is again pushing evidence of government connivance in this violence, but its supporters are implicated in many instances. The government claims the blockade and accompanying violence, which have left many previously bustling public spaces desolate, have cost the economy billions. International Entanglement International actors have become increasingly entangled in Bangladesh’s tumultuous domestic politics. Over the past two years, the United States, European Union and other primarily Western governments have — while maintaining political neutrality — pushed for improvements to Bangladesh’s democratic processes. The opposition has embraced this outside pressure: The BNP has consistently praised U.S. policies and statements promoting democracy, with one BNP leader calling the U.S. ambassador the party’s savior. The BNP has also cited the European Union’s decision to abandon a full-scale election observation as validation of its own election boycott, claiming the EU decision shows Bangladesh’s political environment is not conducive to fair elections. After the violent confrontation on October 28, a senior BNP official said that the Bangladesh government will be answerable to Western governments if Sheikh Hasina fails to resign. On the other side, India and China are bolstering the status quo. While India has also called for credible elections in Bangladesh, it has long held concerns about U.S. policy and recently reiterated that the upcoming elections are Bangladesh’s “internal matter.” Under pressure from the West, the AL has welcomed this diplomatic support from Delhi, while at times lashing out against its critics. China, which previously criticized American “interference” in Bangladesh, recently said the elections should follow Bangladesh’s constitution, a statement which the BNP condemned for echoing the AL’s election stance. Western embassies, international nongovernmental organizations and domestic actors have called for dialogue to solve Bangladesh’s political stalemate. The AL has, at times, been open to dialogue, but the party foreclosed this option after the election calendar was announced on November 7. Meanwhile, the BNP has been notably silent on dialogue. Even if both sides agreed to sit and negotiate, reaching a consensus would be difficult. The BNP is wedded to its maximalist position — citing documented flaws in the 2014 and 2018 national polls and recent byelections — while the AL insists the election commission is independent and will not countenance the return of the caretaker system it scrapped in 2011 after a controversial supreme court decision. Where do Bangladesh’s politics go from here? Although the BNP is publicly committed to nonviolence, its strategy of election boycott and street blockades to unseat the ruling party has forced a confrontation with the state that has inevitably turned violent. Bangladesh’s current cycle of blockades, street violence and heavy-handed police reprisal echoes a long history during election periods. With parliamentary elections scheduled, the BNP has called for continued strikes to cancel the polls, but the AL has shown no indication of reducing its pressure on the opposition. Bangladesh’s political tradition of confrontational street politics is ascendant. In this setting, both sides are incentivized to tactically deploy violence to demonstrate their strength to citizens trying to judge which party will triumph in the country’s clientelist politics. Political accommodation is needed to shift Bangladesh’s zero-sum politics to positive sum. But if compromise — rather than violence — is viewed as an existential political threat, then Bangladesh is headed for an election that will only perpetuate its current political crisis. Copyright © 2023 United States Institute of Peace. All rights reserved.