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Human rights of parliamentarians
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"Torture is unacceptable under any circumstances"
"If we are to protect democracy in our countries, we need to guarantee respect for certain principles which are non-negotiable, and the prohibition of torture is one of them. Torture is unacceptable under any circumstances and in any situation", said legislators from more than 40 countries, meeting at The House of Parliaments in September 2006.
"As parliamentarians, we must ensure that the necessary procedural safeguards are put in place to prevent torture at all times. We pledge to do everything within our power to ensure that our parliaments, if they have not yet done so, ratify the Convention against Torture (and Other Cruel, Inhuman or Degrading Treatment or Punishment) and its Optional Protocol which provides for visiting mechanisms to prisons and detention centres. We must also adopt the necessary implementing laws. We must ensure that torture is defined as a crime in our criminal codes, that the appropriate punishment is meted out to torturers and that testimony obtained under duress cannot be used as evidence in court", said legislators at the end of a three-day seminar, organized by the IPU, the International Commission of Jurists (ICJ) and the Association for the Prevention of Torture (APT).
Following the seminar, several participants gave The World of Parliaments their impressions.
"Members of parliament should preserve the integrity of the Judiciary"
Mrs. Louise Arbour, former Prosecutor at the International Tribunal for former Yugoslavia and Rwanda and currently United Nations High Commissioner for Human Rights
Q: What do you expect from legislators ?
Louise Aarbour:
Members of parliament should preserve the integrity of the Judiciary and pay attention to general questions, but without interfering in specific cases. When they make laws, they must respect and optimize freedoms and fundamental rights. They must also take heed of any distortions that may occur within the Judiciary.
Q: Are you going to work more closely with parliamentarians ?
L.A.:
We have undertaken a few joint initiatives and I hope that my Office will continue along those lines. Historically, we have attempted to advance human rights before the courts. We have worked a great deal with the judicial systems and we must capitalize on this power that parliamentarians possess. While they do make laws there are also voices of opposition among them. It is a select forum and we should become increasingly involved with members of parliament.
"Corruption is a universal problem"
Mrs. Eva Joly, former magistrate and currently Special Adviser to the Norwegian Agency for Development Cooperation (NORAD)
Q : You said that there is North-South corruption. What do you mean exactly?
Eva Joly:
Corruption is a universal problem. Many Western Europeans feel that corruption takes place in Kenya or in southern African States, and that it is not something that concerns Switzerland, Norway, Germany or France. For me, that is far-removed from reality. Our western firms quoted on the stock markets are sometimes, even often, riddled with corruption. Contracts are awarded through local corruption channels. This state of affairs leads to significant losses for developing countries because the economic conditions are not optimal, a situation that often works to the advantage of western firms.
Q: What can legislators do?
E.J.:
It is important to establish a solid and independent Judiciary with competent, not corrupt judges. Members of parliament are the only ones who can do that and who can appeal to donors for bilateral aid. Legislators can appeal to development banks for aid to themselves set up this important institution - the Judiciary - which is absolutely crucial for development.
Q: Do magistrates have the means to combat corruption?
E.J.:
Given the current state of justice in the world, I would say no. But at the same time, I think that unless we establish a strong Judiciary, we stand little chance of being able to contain corruption. It is an inadequate albeit inevitable step. Developing countries need to establish institutions, including the Judiciary. Justice holds an important place because the other institutions depend on it. Without a functional justice system, commercial contracts and work contracts cannot operate, no more than respect for human rights, which is imperative.
Q: Many people don't believe any more in justice. What do you respond?
E.J.:
The solution lies in three words: education, awareness and punishment. "But to do that, political will is needed". Is there still cause for hope? "Hope lies in some developing countries where persons endowed with remarkable qualities set up institutions. There are small successes and Norway's activities on the bilateral level consist precisely of identifying those persons who carry the torch of hope in their countries and helping them to deal with the pressures they have to endure".
"Ensure that institutions for human rights and prevention of torture are put in place"
Mrs. Martine Brunschwig-Graf, Swiss member of parliament and President of the Association for the Prevention of Torture
Q: What can parliamentarians do to ensure that justice is served?
Martine Brunschwig-Graf:
Parliamentarians should pass laws that respect fundamental rights. Regarding their oversight function, they should pay attention and listen. Some parliaments provide for the right of petition. They can therefore receive information from average citizens who feel they have been wronged. Efforts should be made to ensure that the necessary national institutions – for human rights or the prevention of torture - are put in place.
Q : What can be done to ensure that the separation of powers is respected?
M.B.G.:
There is a line of tension that will never be broken surrounding the separation of powers between the judicial branch and the mandate of having to hold to scrutiny policies implemented in all spheres, including the sphere of justice. Some parliaments, like the Swiss parliament, appoint judges, and must therefore ensure that these judges are above reproach.
"The situation in many prisons is inhuman"
Mr. Ira Robbins, Professor at the Washington College of Law
Q: What is your message to the legislators ?
Ira Robbins:
My message to parliamentarians is to look at the private prisons, to look at corrections, and to look at sentencing, which is too narrow. Criminal justice policy has to be comprehensive. Every decision that is made by one hand affects the other. For example, at the legislative stage, if parliamentarians enact a mandatory minimum sentence for a particular crime, let's say five years for a low-level drug crime, it has ramifications throughout the system, including at the correctional level. It all has to be looked at as a comprehensive package of laws that affect justice and not a little bandage in small corners of the system for what we see as a little problem.
Q: Are you worried about the situation of prisons in today's world?
I.R.:
Yes and no. The situation in many prisons is inhuman. We, as a world society, incarcerate too many people. I don't think that we have gone to the heart of the question, because we look for politically expedient solutions. Am I worried in the long term ? Not as long as people talk about the issue, such as at the seminar that we are having here this week. To the extent that people are talking and asking good questions and thinking important thoughts, whether or not they agree with the speaker, then I think that over time, dialogue can lead to some reasoned enlightment on these issues.
"Human rights inextricably linked to democracy"
Mr. Roberto Garreton, human rights defence attorney (Chile), former United Nations Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo
Q: What message would you like to send to parliamentarians?
Roberto Garreton:
The question of human rights is inextricably linked to democracy. It is a political issue, although many would prefer for it to be a humanitarian one, and an important one for the society we would like to construct. The role of parliamentarians is crucial. A Spanish philosopher once said that either law serves life or it serves no purpose at all. I believe that parliament either serves life or no purpose at all. If parliament only legislates on repressive measures, controls the nation or relieves the State of its duty to uphold economic and social rights, we will never build a democratic society.
Q: What does parliament need to bear in mind when passing a law?
R.G.:
It needs to ask itself whether the law in question is in favour of or against human rights. If it is in favour, I vote for it and if it is not, I vote against it. Or I table amendments so that it goes in favour. For example, criminal liability. This is a highly important issue because whatever age is set, if a minor commits a crime, someone may request that the age for criminal liability be lowered. Or if a violent crime is committed, someone may call for a return of the death penalty. What matters most is the process of cultural development of human rights as a building block of social order and in this regard, there has been remarkable progress.
Q: What are you saying exactly?
R.G.:
What did human rights defenders have in terms of international tools in 1945? Nothing. The Universal Declaration of Human Rights has brought with it a host of international instruments designed to protect human rights and reduce the power of the State. But in the economic and social spheres, we need a strong State, one with resources, one that can foster a solid economy. The human rights culture, which started in 1945, attained great heights until what we Chileans refer to as Tuesday 11 September II. Because the first Tuesday 11 September took place in Chile in 1973, and then came 11 September 2001. Many great nations started to question the human rights culture. And if we look at the themes under discussion at this seminar, the regression is evident. The trend, for example, was to lessen the influence of military tribunals so that persons may be tried through due process in "natural" courts established for that purpose and strides were being made in that area. Some countries got rid of them altogether in peace time, such as Belgium, and there are other countries, such as France, where military tribunals are presided over today by civilian judges who have received special training.
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