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Amnesty International is urging Timor-Leste to close a legal
loophole that is allowing war crimes and crimes against humanity
committed during the 1975-1999 Indonesian occupation to go unpunished.
'Timor-Leste; Justice in the Shadow', an Amnesty International report
released today on the country's latest Penal Code, documents how the
law allows amnesties that would prevent trials of people suspected of
war crimes or crimes against humanity.
Amnesty International is urging Timor-Leste to close a legal
loophole that is allowing war crimes and crimes against humanity
committed during the 1975-1999 Indonesian occupation to go unpunished.
'Timor-Leste; Justice in the Shadow', an Amnesty International report
released today on the country's latest Penal Code, documents how the
law allows amnesties that would prevent trials of people suspected of
war crimes or crimes against humanity.
Without a ban on such amnesties, Timor-Leste is not fulfilling its
obligations under the Rome Statute of the International Criminal Court,
to which it acceded in 2002.
"Survivors of decades of human rights violations in Timor-Leste are
demanding justice and reparations, but the authorities' routine use of
amnesties, pardons and similar measures has created a culture of
impunity," said Isabelle Arradon, Amnesty International's Researcher on
Timor-Leste.
Amnesty International fears that the Timor-Leste authorities'
potential use of amnesties due to the gap in its new Penal code, will
damage the young nation's ability to develop a strong deterrent to
violence, maintain an independent and trusted judiciary, and hold armed
groups and security forces accountable for their actions.
People indicted and convicted by the UN Special Panels for Serious
Crimes for crimes against humanity committed during Timor-Leste's 1999
transition to nationhood, have been among those released by presidential
pardons or commutation of sentences.
In 2008, militia leader Joni Marques was set free after his sentence
was substantially reduced by the President. He was originally sentenced
to 33 years' imprisonment for crimes against humanity.
"The authorities in Timor-Leste are compromising on justice to seek
peace - but trading away justice for such serious crimes only undermines
the rule of law, and cannot resolve the trauma of the past," said
Isabelle Arradon.
In 2009, the Timor-Leste government allowed Maternus Bere, indicted
by the United Nations Serious Crimes Unit, to avoid prosecution by
transferring him to Indonesia before he faced trial. Bere had been a
militia leader involved in massacres of civilians in 1999.
'Timor-Leste: Justice in the Shadow' acknowledges important steps
that the country has taken to include many of its obligations under the
Rome Statute into its Penal Code. However, as well as the lack of
explicit ban on amnesties for crimes under international law, the Penal
Code lacks provisions on co-operation with the International Criminal
Court.
Amnesty International supports a long-term comprehensive plan to
address impunity in Timor-Leste.
This would include the establishment of an international tribunal to
investigate and prosecute those responsible for the crimes committed
under Indonesian occupation; a search for the disappeared; reparations
for the thousands who suffered and the relatives of those who died; and
an approach to amnesties, pardons or similar measures that does not
undermine the rule of law.
Background
In August 1999, the people of Timor-Leste (then East Timor) voted
overwhelmingly in favour of independence from Indonesia in a
UN-sponsored referendum. The lead-up to the polls and its aftermath were
marred by crimes against humanity and other serious human rights
violations. Most of those suspected of such crimes are still at large in
Indonesia.
Between 1974 and 1999, 100,000 people are estimated to have been
killed or starved to death in Timor-Leste, according to the report of
the Commission for Reception, Truth and Reconciliation in East Timor
(CAVR).
Crimes against humanity and other human rights violations were most
acute during the 24 years of Indonesian occupation from 1975. They
included unlawful killings; enforced disappearances; arbitrary
detention; torture and other ill-treatment; war crimes; sexual violence;
violations of the rights of the child; and violations of economic,
social and cultural rights.
The overwhelming majority of the past crimes, mostly at the hands of
the Indonesian security forces and their auxiliaries, have yet to be
addressed.
More information is available in Amnesty International Report 'We cry for justice': Impunity persists 10 years on in
Timor-Leste', (AI Index ASA 57/001/2009, 27 August 2009).
Amnesty International is a worldwide movement of people who campaign for internationally recognized human rights for all. Our supporters are outraged by human rights abuses but inspired by hope for a better world - so we work to improve human rights through campaigning and international solidarity. We have more than 2.2 million members and subscribers in more than 150 countries and regions and we coordinate this support to act for justice on a wide range of issues.
"This is a huge victory for undocumented workers and the labor movement," said one organizer.
Migrant workers and advocates on Friday applauded a Biden administration policy to help protect noncitizen employees who are victims or witnesses of labor rights violations "from threats of immigration-related retaliation from the exploitive employers."
The U.S. Department of Homeland Security (DHS) announced that noncitizens will be able to submit requests for temporary relief from deportation or other immigration actions to U.S. Citizenship and Immigration Services (USCIS) "through a central intake point established specifically to support labor agency investigative and enforcement efforts."
"This policy will change lives, but only if our local and national leaders stand with workers loud and clear, to make this policy a reality."
DHS said that "for deferred action requests from noncitizens who are in removal proceedings or have a final order of removal, upon reviewing the submission for completeness, USCIS will forward such requests to U.S. Immigration and Customs Enforcement (ICE) to make a final determination on a case-by-case basis."
As Daniel Costa, director of immigration law and policy research at the Economic Policy Institute, explained Friday in a blog post welcoming the announcement:
Given the current budget constraints of federal labor standards enforcement agencies—which are funded at just one-twelfth the rate of immigration enforcement agencies—the use of deferred action in this manner will encourage workers and whistleblowers to speak out without fear and will act as a force multiplier for underfunded and understaffed labor enforcement agencies, thereby assisting them in their mission to protect worker rights and hold lawbreaking employers accountable. This will make workplaces safer for all workers.
Organizations from the Blue Ribbon Commission on Immigrant Work praised the policy, with Haydi Torres, an organizer with Unidad Latina en Acción NJ, declaring that "this is a huge victory for undocumented workers and the labor movement."
"Our fight goes beyond our immigration status, it is a fight for all the workers who sustain the economy of this country," Torres said. "Without our hands there is no work."
Yale Law School professor James Bhandary-Alexander, an attorney with Unidad Latina en Acción CT, said that "the threat of deportation is like a gun in the boss's hand, pointed at workers and their rights."
Workers' rights leaders such as Victor Agreda agreed, saying that "the bosses always act like they have more power than the workers."
While "my co-workers and I overcame our fear to denounce labor abuses," Agreda said, "deferred action is labor justice for all workers who remain silent in the face of abuse."
\u201cHUGE win for immigrant workers! This is a historic step for victims of workplace mistreatment and wage theft. This is only the start - we won\u2019t stop until there\u2019s #citizenshipforall! \u270a\ud83c\udffd\n\nMigrant workers can now be protected from deportation while disputing workplace abuse.\u201d— NICE: New Immigrant Community Empowerment (@NICE: New Immigrant Community Empowerment) 1673630263
Homeland Security Secretary Alejandro Mayorkas asserted Friday that "unscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules."
"We will hold these predatory actors accountable by encouraging all workers to assert their rights, report violations they have suffered or observed, and cooperate in labor standards investigations," he pledged. "Through these efforts, and with our labor agency partners, we will effectively protect the American labor market, the conditions of the American worksite, and the dignity of the workers who power our economy."
Stuart Appelbaum, president of the Retail, Wholesale, and Department Store Union (RWDSU), said that "today's announcement by Secretary Mayorkas is welcome news. Immigrant workers are critical to the success of our economy, yet they are among those who suffer the most exploitation and abuse at work, and then suffer further from intimidation and retaliation when they stand up for their rights."
\u201cFor far too long, immigrant workers have had no one in their corner as they faced employers who threatened them with deportation and unlivable wages. This new guidance will help create fairer and safer working conditions for #OurComunidad and all workers.\u201d— Hispanic Federation (@Hispanic Federation) 1673647227
Since then-President-elect Joe Biden announced Marty Walsh as his nominee to lead the U.S. Department of Labor in October 2021, migrant worker advocates have pressured the administration to ensure that its immigration and labor policies are aligned and to protect whistleblowers by removing the threat of deportation.
"From Las Vegas to Washington D.C., to Mississippi to New York, we have fought tirelessly to reach this moment," Rosario Ortiz of the Arriba Las Vegas Worker Center noted Friday. "My coworkers and I have been fighting our case for more than three years, facing threats and intimidation on top of wage theft and health and safety risks as workers of Unforgettable Coatings Inc."
"We've met personally with Secretary Walsh and Secretary Maryokas to call for these protections," Ortiz said. "Today I am proud of my coworkers and our brothers and sisters across the country who have helped open a pathway for others in our circumstances to seek the protections that we have won."
\u201c#BREAKING: #DHS announces new migrant workers whistleblower policy! It\u2019s a recognition of the many workers who launched the #DALE campaign demanding Biden protect rights of migrant workers confronting abuse + unsafe work - with work permits - not try to deport them!\u201d— Justice Action Center (JAC) (@Justice Action Center (JAC)) 1673638469
While celebrating the administration's move, Unidad Latina en Acción CT director John Jairo Lugo stressed that "words without actions are not enough. This policy will change lives, but only if our local and national leaders stand with workers loud and clear, to make this policy a reality."
National Day Laborer Organizing Network (NDLON) co-executive director Nadia Marin-Molina vowed that "we are going to fight like hell in the days and weeks ahead to ensure that every single worker who qualifies can get the benefit of this new policy."
"We are going to fight like hell in the days and weeks ahead to ensure that every single worker who qualifies can get the benefit of this new policy."
Farmworker Justice, which also applauded the announcement, pointed out that the policy "will have a particularly powerful impact among farmworkers, more than half of whom are either undocumented or on precarious H-2A work visas, and their families."
"Farmworker Justice has supported advocate demands for these protections for many years, and we look forward to continued engagement with DHS as well as labor enforcement agencies to educate farmworkers and their advocates about the new guidance," the group said. "We will also continue to advocate for comprehensive solutions that improve the lives of farmworkers and their families, including legislation that provides immigrant workers with a path to citizenship, protections against workplace hazards like extreme heat and pesticides, and the elimination of unjust farmworker exclusions from federal labor protections."
"On day one in our Legislature they're doubling down on controlling women," one Democratic state legislator said of her Republican colleagues, noting the abortion ban they enacted last year.
Missouri state lawmakers can bear arms in the legislative chamber but if they're women, they can no longer show their bare arms under new dress code rules passed by the Republican-controlled House of Representatives on Friday.
State Rep. Ann Kelley (R-127) is behind the new regulation, which passed by a 105-51 vote as part of a rules package. Rule 98 states that "at all times when the House is seated, proper attire for gentlemen shall be business attire, including coat, tie, dress trousers, and dress shoes or boots. Proper attire for women shall be business attire, including jackets worn with dresses, skirts, or slacks, and dress shoes or boots."
"Do you know what it feels like to have a bunch of men in this room looking at your top trying to determine if it's appropriate or not?"
Defending the policy during floor debate on Wednesday, Kelley said: "Men are required to wear a jacket, a shirt, and a tie, correct? And if they walked in here without a tie, they would get gaveled down in a heartbeat. If they walked in without a jacket, they would get gaveled down in a heartbeat. So, we are so interested in being equal."
\u201cMO State Rep. Proudie (D) goes after GOP House members pushing a dress code for women \u2014 requiring they wear jackets \u2014 in a rules bill.\n\n"I spent $1,200 on a suit, and I can't wear it in the People's House because someone who doesn't have the range tells me that's inappropriate."\u201d— Heartland Signal (@Heartland Signal) 1673477291
However, Democratic state lawmakers pushed back against the policy, with Rep. Maggie Nurrenbern (D-15) tweeting that "it is mind-boggling that members of the Missouri House have the right to bear arms on the floor of the chamber, but women legislators are forbidden from showing bare arms."
Rep. Peter Merideth (D-80) refused to vote on the measure, telling colleagues, "I don't think I'm qualified to say what's appropriate or not appropriate for women and I think that is a really dangerous road for us all to go down."
"Y'all had a conniption fit the last two years when we talked about maybe, maybe wearing masks in a pandemic to keep each other safer," he added. "How dare the government tell you what you have to wear over your face?"
Also speaking on the House floor, Rep. Ashley Aune (D-14) asked, "Do you know what it feels like to have a bunch of men in this room looking at your top trying to determine if it's appropriate or not?"
\u201cWhat the cinnamon toast fuck is going on in Missouri.\n\nRepublicans have proposed a dress code targeting women lawmakers.\n\n555-COME-ON-NOW\n\n'Lost their minds': Missouri Dems cry foul over GOP-proposed dress code for female state lawmakers https://t.co/uAXWbYDePD\u201d— \ud83e\udd0c\ud83c\udffe Imani Gandy \ud83d\udc46\ud83c\udffe (@\ud83e\udd0c\ud83c\udffe Imani Gandy \ud83d\udc46\ud83c\udffe) 1673538729
Reacting to the new rule, human rights attorney Qasim Rashid tweeted that "the Missouri GOP banning women from showing their bare arms isn't a sign of Shariah or Taliban—it's a sign of right-wing 'Christian' extremism."
"Stop deflecting extremism in America as something foreign," Rashid added. "It's 100% American. Admit it. Own it. Work to stop it."
Speaking to CNN Friday, Aune noted that "in 2019 House Republicans passed the abortion ban that went into effect this summer after the Dobbs decision came down, fully restricting a women's right to choose in this state, and on day one in our Legislature they're doubling down on controlling women."
Under the state's abortion ban, pregnant Missourians are forced to travel to other states for the medical procedure. Last year, Republican state lawmakers unsuccessfully tried to punish them for doing so via a measure that would have allowed private citizens to sue anyone who "aids or abets" abortions violating Missouri's ban—no matter where they are performed.
"New York's landmark climate law means that agencies can't ignore the climate and environmental justice consequences of their decisions," said one advocate.
Three climate action groups said Friday that New York's decision to allow a Canadian cryptocurrency mining company to control a fracked gas power plant is a clear violation of the state's landmark climate protection law as they sued a state commission in Albany County Supreme Court.
The lawsuit, filed by Earthjustice on behalf of Clean Air Coalition of Western New York and the Sierra Club, comes four months after the New York Public Service Commission approved the sale of the Fortistar North Tonawanda power plant in the Buffalo area to Digihost International.
The transfer gave Digihost approval to operate round-the-clock, 365 days per year, increasing the facility's greenhouse gas emissions up to 3,500% as it conducts its proof-of-work cryptocurrency mining operation, said Earthjustice.
As Sierra Club and Earthjustice explained in a report last year:
The process effectively entails millions of computing machines racing to solve a complex, but meaningless, problem. In Bitcoin's algorithm, for example, the computer or mining machine that successfully solves the problem is rewarded with Bitcoin (and functionally verifies the blockchain). As long as the reward is high enough (i.e., the price of Bitcoin is high enough), miners will attempt to use more—and faster—mining machines to increase their chances of winning that reward.
"Top-down estimates of the electricity consumption of cryptocurrency mining in the United States imply that the industry was responsible for an excess 27.4 million tons of carbon dioxide (CO2) between mid-2021 and 2022—or three times as much as emitted by the largest coal plant in the U.S. in 2021," the report said.
As it announced the lawsuit Friday, Earthjustice noted that Digistar could massively ramp up emissions as the rest of the state works to comply with the 2019 Climate Leadership and Community Protection Act, which requires all state agencies to consider the implications for disadvantaged communities and for emissions reduction when making decisions.
"New York's landmark climate law means that agencies can't ignore the climate and environmental justice consequences of their decisions. We're calling on the court to hold agencies accountable and ensure that cryptocurrency miners don't get a free pass to heat our planet and damage our communities," said Dror Ladin, senior attorney at Earthjustice.
The plant in question is located near a number of neighborhoods that have been designated by the state as "disadvantaged communities," where residents face a greater environmental burden than 90% of New York. Cryptomining at Fortistar North Tonawanda could raise the residents' risk of developing asthma, cancer, and other conditions that could lead to premature death.
"Everything changed when New York state enacted its landmark climate law," said Roger Downs, conservation director for the Sierra Club Atlantic Chapter. "The Public Service Commission can no longer ignore the impacts of its decisions, especially when they run counter to public benefit and endanger the air quality for communities already burdened with a disproportionate amount of pollution. Allowing a failing gas fired power plant to be acquired and revived by an energy-hungry cryptomine, without considering the environmental impacts, runs counter to the intent of the climate law and the justice it seeks to advance."
The local conservation group Seneca Lake Guardian applauded the groups for challenging the commission's approval of the sale.
\u201cThank you, \u2066@Earthjustice\u2069 \u2066@SierraClubNY\u2069 \u2066@cleanairwny\u2069 ! https://t.co/9fQS7vmvrp\u201d— Seneca Lake Guardian (@Seneca Lake Guardian) 1673639849
"Clean Air will continue to fight against the burning of fossil fuels to generate power for cryptocurrency mining, especially in residential areas like North Tonawanda," said Chris Murawski, executive director of the Clean Air Coalition of Western New York.