Human rights: women in Afghanistan, situation in Camp Ashraf, Special Court of Sierra Leone

Published: 25 April 2009 y., Saturday

Musulmonė
In three resolutions adopted at the end of this week's Strasbourg plenary sessions, the European Parliament strongly condemns discrimination and violence against women in Afghanistan, voices concern at the possible closure of Camp Ashraf, Iraq, and expresses support for the Special Court of Sierra Leone.
Revise laws that discriminate against women in Afghanistan
 
In a resolution adopted by 388 votes to 4, with 7 abstentions, the EP calls for the revision of a draft law in Afghanistan on the personal status of Shiite women, which places severe restrictions on women's freedom of movement and legitimises 'marital rape'. It also urges the repeal of “all laws which give rise to discrimination against women and which breach the international treaties to which Afghanistan is a party”.
 
According to the 2004 constitution of Afghanistan, “men and women have equal rights and duties before the law.” In addition, “Afghanistan is a party to a number of international agreements on human rights and fundamental freedoms, in particular the Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Rights of the Child”, points out the EP.
 
However, the rights of women are being threatened by the draft law, which would affect around 15-20% of the Afghan population. Although it has not yet come into force as it has not been published in the Government Official Journal, it has been signed by the Afghan President, Hamid Karzai. Following criticism both within Afghanistan and from abroad, the law has been sent back to the Afghan Ministry of Justice so that its compatibility with Afghan law and with the international agreements signed by Afghanistan can be verified. 
 
EU backing for Afghan women
 
The EU's strategy document on Afghanistan for 2007 - 2013 recognised gender equality and women's rights in particular as being vital to the development of Afghani society. The EP wants to encourage women in Afghanistan not only to participate in the August Presidential election but also to stand as candidates. In order to further support the promotion of women's rights, the EP is calling on the Commission to provide direct funding and assistance to the Afghan Ministry of Women's Affairs.
 
Protection of human rights campaigners
 
Finally, the EP strongly condemns the deaths of a number of prominent women's rights activists, including Sitara Achakzai, Malai Kakar, Gul Pecha, and Abdul Aziz.  MEPs are also appalled that the Afghan Supreme Court has upheld the 20-year prison sentence of journalist, Perwiz Kambakhsh, who wrote an article concerning women's rights under Islam, and are calling for his release. In light of these cases, the EP wants Afghan authorities to make all possible efforts to protect women “against sexual violence and other forms of gender related violence”, and to ensure that the perpetrators of such acts are brought to justice. 
  
Backing needed for the Special Court of Sierra Leone
 
MEPs want to ensure that anyone convicted of human rights abuses by the Special Court of Sierra Leone actually serves their sentence.  There is currently a risk that this will not happen, which would defeat the purpose of the court.  Other international tribunals face similar problems, thereby jeopardising the very idea of international justice.
 
The Special Court of Sierra Leone (SCSL) was established by the UN in 2000, in order to bring to justice those who have committed war crimes or crimes against humanity. The mandate of the Court is due to end in 2010, but the Government of Sierra Leone has indicated that it will not be able to enforce the sentences of those convicted. 
 
Today's EP resolution on the SCSL was adopted by 381 votes to 4, with 7 abstentions.  It urges the Council and the EU Member States to find a solution together with the SCSL “in order to ensure that the persons convicted serve their sentences, without which the effort of the SCSL and the credibility of the international community, including the EU, will be severely undermined”.
 
The SCSL has concluded an agreement with states including UK, Sweden and Austria to ensure that some of the convicted persons serve their sentences in these countries. The European Parliament believes that “more agreements are needed to ensure that all persons already convicted, and those that are standing trial and may face convictions, actually serve their sentences”.
 
Supporting international courts
 
The Court has set a number of significant precedents for international courts, as it is the first to indict a sitting African head of state for war crimes and is the first to be established in the country where the alleged crimes occurred.
 
The EP welcomes the progress made by international courts and tribunals, but recognises that a lack of assistance will put this process at great risk. It therefore calls on Member States and other international institutions to provide the necessary financial support to the SCSL and other international courts.  
 
Humanitarian situation in Camp Ashraf
 
Members of the People's Mujahedin Organisation of Iran in Camp Ashraf, Iraq, must be treated according to the Geneva Conventions and not forced to go back to Iran, where they would run the risk of ill-treatment, says the EP in a resolution adopted by 284 votes to 42, with 75 abstentions. 
 
Camp Ashraf was established in the 1980s for the people of the Iranian opposition group, People's Mujahedin Organisation of Iran (PMOI). Following the 2003 invasion of Iraq, American forces disarmed the residents of Camp Ashraf and provided guarantees that they would be “protected persons”, under the Geneva Convention. However, recent statements from the Iraqi National Security Advisor indicate that the Iraqi authorities intend to make life 'intolerable' for the people in Camp Ashraf, and may even expel or forcibly displace them.
 
In its resolution the EP calls on the Iraqi authorities “to protect the lives and the physical and moral integrity of the Camp Ashraf residents” and “to treat them in accordance with obligations under the Geneva Conventions, notably not to forcibly displace, deport, expel or repatriate them in violation of the principle of non-refoulement”.
 
The dangers of returning to Iran and ending the blockade of the camp
 
The EP is concerned that Iranian nationals who are forcibly returned to Iran may be at risk of “serious human rights violations”, and believes that no one should be made to return to a situation where their lives might be at risk. Therefore, the Council, Commission and Member States, need to work alongside the UN and the Iraqi authorities to ensure that a satisfactory, long-term solution is found for the legal status of the people in Camp Ashraf, according to MEPs.
 
As well as respecting the status of Camp Ashraf residents as “protected people”, the Iraqi authorities need to end their blockade of the camp, as this is putting lives at risk.  The EP is calling on the Iraqi government to ensure that people in Camp Ashraf have “full access to food, water, medical care and supplies.”
 
The vote on today's resolution was preceded by a lively debate, with MEPs differing over, and in the end rejecting, amendments that focused on allegations of ill-treatment by the PMOI of dissidents within its ranks.
 
On Monday 26 January 2009 the EU Council of Ministers agreed to remove the PMOI from the EU terror list.

 

Šaltinis: europarl.europa.eu
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