The Committee on the Human Rights of Parliamentarians

The IPU's Committee on the Human Rights of Parliamentarians meets four times yearly behind closed doors. It is composed of five parliamentarians representing the various geopolitical regions of the world, and examines cases involving human rights violations committed against some of their fellow MPs.

Aims

It was in 1974, when a series of coups d'Etat had led to the dissolution of many parliaments and to serious violations of the fundamental rights of their members, that the Inter-Parliamentary Union took the decision to set up a procedure corresponding to its vocation of protecting parliamentarians against breaches of their fundamental rights and thus of defending the institution of parliament itself. Thus, a "Procedure for the examination and treatment, by the Inter-Parliamentary Union, of communications concerning violations affecting the human rights of parliamentarians" was adopted in 1976. Since then, the Committee on the Human Rights of Parliamentarians has been responsible for investigating the communications received.

The fundamental aim of the IPU and its Committee on the Human Rights of Parliamentarians is to see to it that any parliamentarian whose personal situation has been the subject of a complaint is treated in a way that is in conformity with the international and constitutional human rights guarantees in force in the country in question and that, as the case may be, this parliamentarian obtains reparation for the damage and harm incurred. In order to achieve this goal, the Committee initiates a dialogue with the authorities and acts as a mediator between them and the plaintiffs. By analysing, in the light of law in general and human rights standards in particular, both complaints and observations and information received from both sides, the Committee forms an opinion which it then expresses in the form of decisions. In its concern to shed light enabling it to settle each case satisfactorily, the Committee may hold hearings, particularly on the occasion of statutory IPU Conferences, and send on-site mission to gather first-hand information. These missions can also take the form of trial observation, as was recently the case with Mr. Alpha Condé from Guinea (see box).

Twice a year, on the occasion of the Union's Statutory Conferences, the Committee reports to the Council (IPU governing body). In principle, the Committee follows a confidential procedure, but can go public with cases it is examining, particularly when very serious violations are involved, when there is an imminent threat to the life of the MP in question, or when a satisfactory settlement to a case is a long time coming. The Committee then presents to the Council a public report together with a draft resolution. This enables it to mobilise all of the Union's Members to obtain the cessation of the arbitrary acts or just reparation. Unlike other mechanisms for the protection of human rights, the Union and its Committee keep on examining a case until a satisfactory settlement has been reached.

The Committee, which is due to hold its next session at IPU Headquarters in June 2001, is currently examining 53 cases concerning 207 MPs in 35 countries. At the 105th Conference of the Inter-Parliamentary Union in Havana, the Committee on the Human Rights of Parliamentarians submitted to the Council 24 cases concerning 141 MPs, former or serving, from 18 countries.

Frequent violations

As words are parliamentarians' working tools, it is not surprising to note that the majority of the violations reported can be traced to the exercise of freedom of expression, particularly critical remarks which MPs, almost always in the opposition, have made about the other branches of government. The Committee is faced with a growing number of cases of imprisoned MPs who have been stripped of their political rights following proceedings and trials which are questionable but often have the appearance of legality, or who are subjected to various kinds of harassment or hindrances to the free exercise of their parliamentary mandate. In some cases, MPs pay for their commitment to human rights with their lives. In January 2000, Mr. Tengku Nasrihuddin Daud (Indonesia), a member of a parliamentary fact-finding committee on human rights violations in Aceh, was murdered. To date, the inquiry has not yielded any results. This is also the case with Mr. Jaime Hurtado (Ecuador), assassinated in February 1999 in broad daylight as he was leaving the morning sitting of Parliament.

Yet another case is that of Myanmar, where not only individual MPs but also parliament, as such, has been prevented from meeting from 1990 to this day.

The IPU and the Alpha Condé affair

Mr. Alpha Condé, President of the Rally of the Guinean People (RPG), a member of the National Assembly and a candidate in the presidential election of December 1998, was arrested on 15 December 1998 prior to the proclamation of provisional election returns in flagrante delicto, i.e. without the lifting of his parliamentary immunity. At the time, he was accused of "attempting to leave the country clandestinely" and "assault and battery on members of the public order force". In January 1999, other charges were added, such as "attempt to cross borders clandestinely, fraudulent export of foreign currency, attempt to recruit mercenaries and breach of State security". The on-site IPU mission conducted in January 2000 noted serious irregularities and violations of the Code of Penal Procedure during the investigation. The Committee's fears as to the regularity of the proceedings were confirmed by a trial observer mission, which concluded that "Mr. Condé and his fellow defendants did not enjoy a fair trial (…) and their guilt has not been established". The IPU therefore called on the authorities to release Mr. Condé and his fellow defendants immediately and unconditionally. He was finally released on Friday, 18 May 2001.

They said

Mr. Lim Guan Eng (Malysia, October 1999)
"I am grateful for the IPU's efforts, especially the on-site mission here. I cannot adequately express how much the IPU efforts meant to me, the international recognition that I am still an MP even though this is not acknowledged by the Malaysian Parliament".

Mr. Ngarléji Yorongar (Chad, July 1999, former presidential candidate)
"The IPU mission to N'jamena played a decisive role in my release. I was enheartened when the IPU took up my case. An institution like the IPU, which brings together all of the world's parliaments, can only act as a deterrent… I encourage you to pursue your efforts to help prisoners who, throughout the world, are still rotting in dictators' jails".

Mr. Alpha Condé (Guinea, former presidential candidate, after his release in May 2001)
"I would like to express all of our gratitude to the IPU and to salute the fight for liberty which it waged alongside us during all these years of suffering".