Dansk Interparlamentarisk Gruppes bestyrelse 2020-21
IPU Alm.del Bilag 8
Offentligt
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206 session of the
Governing Council
Extraordinary Virtual Session
1–3 November 2020
th
Results of the proceedings
Inter-Parliamentary Union – 2020
IPU, Alm.del - 2020-21 - Bilag 8: Resultat af Governing Council session 1.-3. november 2020
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TABLE OF CONTENTS
Page(s)
206th session of the Governing Council and related meetings
206th session of the Governing Council (Extraordinary virtual session)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14
15.
Opening Remarks ................................................................................................................
Participation .........................................................................................................................
Adoption of the Special Rules of Procedure for the virtual session
of the Governing Council .....................................................................................................
Election of the President of the Inter-Parliamentary Union ...................................................
IPU Honorary President’s report
..........................................................................................
Financial results 2019 ..........................................................................................................
Financial situation ................................................................................................................
2021 draft consolidated budget ...........................................................................................
Elections to the Executive Committee .................................................................................
Brief report by the Committee on the Human Rights of Parliamentarians ..........................
Brief reports on the outcome of the virtual segments of the 13th Summit of
Women Speakers and the Fifth World Conference of Speakers of Parliament ...................
Future inter-parliamentary meetings ...................................................................................
Questions relating to the IPU membership: the specific situation in Mali ...........................
IPU Secretariat Activities Report
Pandemic Period 2020 ................................................
Concluding remarks .............................................................................................................
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3
3
4
4
5
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6
6
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7
7
7
8
8
284th session of the Executive Committee (virtual meetings)
1.
2.
3.
4.
Debates and decisions ........................................................................................................
Memorandums of Understanding (MoU) between the IPU and other organizations ..........
Questions relating to IPU membership: situation in Mali .....................................................
Sub-Committee on Finance .................................................................................................
9
10
10
11
Subsidiary bodies of the Governing Council
1.
Committee on the Human Rights of Parliamentarians ........................................................
11
Elections and appointments
Elections and appointments
1.
2.
3.
4.
5.
IPU President ......................................................................................................................
Executive Committee ...........................................................................................................
Preparatory Committee for the Fifth World Conference of Speakers of Parliament ...........
Internal Auditors for the 2021 accounts ...............................................................................
External Auditor for 2020-2022 ...........................................................................................
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12
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Media and communications .....................................................................................................
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Inter-Parliamentary Union
206th session of the Governing Council
Agenda, reports and other texts of the 206th session
of the Governing Council
Agenda, reports and other texts
Agenda of the 206th session of the Governing Council ..............................................
Special Rules of Procedure to regulate the conduct of virtual sessions
of the Governing Council .............................................................................................
IPU budget for 2021 .....................................................................................................
Scale of contributions for 2021 ....................................................................................
Composition of the Preparatory Committee of the Fifth World Conference
of Speakers of Parliament ...........................................................................................
IPU Secretariat Activities Report
Pandemic Period 2020 .........................................
14
16
20
21
25
26
Future meetings
Calendar of future meetings and other activities .........................................................
34
Decisions concerning the human rights of parliamentarians
Africa
Côte d’Ivoire: 10 parliamentarians
...............................................................................
Democratic Republic of the Congo: Mr. Jean Jacques Mamba ..................................
Gabon: Mr. Justin Ndoundangoye ...............................................................................
Uganda: Five parliamentarians ....................................................................................
United Republic of Tanzania: Mr. Tundu Lissu ............................................................
Zimbabwe: Ms. Joana Mamombe ................................................................................
Americas
Brazil: Mr. David Miranda ............................................................................................
Venezuela: 134 parliamentarians ................................................................................
Asia
Mongolia: Mr. Zorig Sanjasuuren .................................................................................
Philippines: Ms. Leila de Lima .....................................................................................
Europe
Belarus: Mr. Victor Gonchar ........................................................................................
MENA
Egypt: Mr. Mostafa al-Nagar ........................................................................................
Palestine/Israël: Mr. Marwan Barghouti .......................................................................
Palestine/Israël:
Mr. Ahmad Sa’adat
...........................................................................
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Inter-Parliamentary Union
206th session of the Governing Council
206th session of the Governing Council
(Extraordinary virtual session)
1.
Opening remarks
The 206th session of the Governing Council was held virtually from 1 to 3 November 2020. The session
was chaired by the Acting President, Mr. Chen Guomin (China).
Mr. G. Chen, Acting President of the Inter-Parliamentary Union,
wished good health to all members
and their families and welcomed everyone to the IPU’s first ever virtual Governing Council. Business
continuity was crucial during the pandemic and important decisions for the IPU lay ahead. Although
COVID-19 was ravaging the world, it had also revealed an inspiring side to humanity. Governments,
health workers and researchers had worked tirelessly, while communities everywhere had showed
perseverance, courage, resolve and compassion in dark times. The world would confront and defeat the
virus.
The IPU’s 131-year
history demonstrated the constant need for countries to work for peace and
development. This was illustrated 75 years ago, when the world emerged from war, rejected power
politics and united around the universal values
of fairness and justice. In today’s world, all countries
were equal members of the international community and their peoples were entitled to a good life. As
representatives of the people, IPU Members must deliver tangible benefits to them, including by finding
solutions to the world’s most serious problems through increased solidarity, better governance, greater
openness and deeper cooperation.
Thanks to the Secretary General, the IPU had continued leading global parliamentary work. The
Secretariat’s diligence and shared purpose would make it possible to translate the Governing Council’s
meeting into successful outcomes.
2.
Participation
Delegations from 145 Member Parliaments took part in the work of the Governing Council:
Afghanistan, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain,
Bangladesh, Belarus, Belgium, Benin, Bhutan, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria,
Burkina Faso, Cabo Verde, Cambodia, Cameroon, Canada, Chad, Chile, China, Colombia, Costa Rica,
Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti,
Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Eswatini, Fiji, Finland, France, Gabon,
Gambia, Germany, Greece, Guinea, Guyana, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic
of), Iraq, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lao People's Democratic
Republic, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi,
Malaysia, Maldives, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique,
Myanmar, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Macedonia,
Norway, Oman, Pakistan, Palestine, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar,
Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, San Marino, Sao
Tome and Principe, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia,
Somalia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Syrian Arab Republic,
Tajikistan, Thailand, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda,
Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic
of), Viet Nam, Yemen, Zambia and Zimbabwe.
The full list of participants can be found on the IPU website (www.ipu.org/file/9913/download).
Of the 669 delegates who attended the extraordinary virtual session of the Governing Council, 458 were
members of parliament. Those parliamentarians included 49 Presiding Officers, 21 Deputy Presiding
Officers, 183 women MPs (40 %) and 121 young MPs (26.4 %).
3.
Adoption of the Special Rules of Procedure for the virtual session of the
Governing Council
The IPU Executive Committee had established a Working Group to examine the main criteria and
modalities for the holding of a virtual session of the Governing Council and to propose special rules of
procedure for the virtual session of the Governing Council. The first draft of the Special Rules
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prepared by the Secretariat in collaboration with an independent legal counsel, Professor Gian Luca
Burci, from the Geneva Graduate Institute of International and Development Studies
was amended by
the Working Group which then submitted it to the Executive Committee for approval.
Following its approval, the Executive Committee submitted the Special Rules to the IPU Member
Parliaments. Except for one Member, the Parliament of Pakistan (which had expressed reservations),
no Member Parliament had any objections to the Special Rules. Having concluded that there was
overwhelming support for the Special Rules of Procedure, the Executive Committee considered them
adopted and submitted them to the Governing Council.
The Council formally adopted the Special Rules of Procedure to regulate the conduct of virtual sessions
of the Governing Council (see page 16).
4.
Election of the President of the Inter-Parliamentary Union
The Governing Council elected Mr. Duarte Pacheco (Portugal) as the IPU President for a three-year
term ending in October/November 2023.
Four candidates ran for the post of the IPU President:
Ms. Salma Ataullahjan (Canada), Mr. Duarte
Pacheco (Portugal), Mr. Akmal Saidov (Uzbekistan) and Mr. Muhammad Sadiq Sanjrani (Pakistan).
Prior to the election, a hearing with all four candidates took place on 21 October. The candidates had
the opportunity to set forth their vision for the Organization and to answer questions from the wider IPU
Membership.
In view of the virtual format of the extraordinary session of the Governing Council, the elections were
held remotely. Civica Election Services (CES) had been selected to provide an online platform offering
high levels of security, secrecy, reliability, auditability and trust.
The IPU Presidential election was conducted in keeping with the Special Rules of Procedure adopted by
the Governing Council to govern the virtual sessions of the Governing Council. During a 24-hour
window, 394 parliamentarians from 142 IPU Member Parliaments cast their vote remotely.
The Governing Council appointed Mr. J.F. Mudenda (Zimbabwe) and Mr. J.P. Letelier (Chile) as Tellers,
with the responsibility of ascertaining the results of the election. An independent auditor
the United
Nations International Computing Centre (UNICC) - verified the integrity of the election process and
outcome, paying particular attention to the secrecy and security of the ballot, accessibility to the voting
platform, and counting of votes cast. Voter turnout was 97.04 per cent. With four candidates on the
ballot, the new IPU President Mr. Pacheco was elected with 56 per cent of the vote in a single round of
voting. A second round that had been provided for did not take place as Mr. Pacheco had obtained the
requisite absolute majority of the votes cast to be elected President.
The outgoing President, Ms. G. Cuevas Barron, was made an Honorary President of the
Inter-Parliamentary Union.
5.
IPU Honorary President’s report
The Governing Council took note of the
Honorary President's report
on her overall activities during her
presidency from 2017 to 2020. Ms. G. Cuevas Barron identified the following as priorities: translation of
international commitments into national realities; attainment of sustainable development and the 2030
Agenda, in particular through the contribution of parliamentarians in budgetary decisions; making the
IPU a more inclusive organization and advocating for the inclusion of women and young people in
parliament; fostering transparency in the IPU; ensuring parliamentary engagement with the United
Nations processes and forums; efficiency in the use of the IPU budget; innovating to meet the
challenges posed by the twenty-first century. Her report would be sent out to all the Member
Parliaments and individual parliamentarians in the IPU Secretariat’s mailing lists.
The Acting President and the Secretary General of the IPU, the Chairs of the Geopolitical Groups, the
President of the Bureau of Women Parliamentarians and the President of the Board of the Forum of
Young Parliamentarians, as well as representatives of other Member Parliaments, took the floor to
express their appreciation for the work and commitment of the outgoing President and to wish her well
in all of her future endeavours.
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6.
Financial results 2019
The Governing Council considered the
Financial Report and Audited Financial Statements for 2019.
The financial results for 2019 were introduced by Ms. C. Widegren (Sweden), Chair of the
Sub-Committee on Finance. She reported that the External Auditor had expressed that the financial
statements were of high quality and that collaboration with the IPU finance team had been excellent.
The Swiss Federal Audit Office had been able to issue an unqualified audit opinion. During the meeting
of 2 April 2020 between the External Auditor, Mr. D. Monnot (Swiss Federal Audit Office), the Internal
Auditor, Mr. R. del Picchia (France), the Chair of the Sub-Committee on Finance and the Secretary
General, the External Auditor confirmed that the IPU was in sound financial health and that there were
no new audit recommendations to be made. No problems had arisen during his work and he reported
an overall positive audit exercise, which had taken place under very good conditions. Ms. Widegren
reported that the Swiss Federal Audit Office had also agreed to carry out an additional and separate
audit on the grant of the Swedish Government Agency, Sida. The auditors had successfully completed
this work and expressed a clean opinion. No recommendations had been issued.
This was the last time the Swiss Federal Audit Office would be auditing the IPU’s accounts. They had
been doing so for seven years. Ms. Widegren therefore gave a special note of gratitude to the External
Auditor for the quality and added value of their work, and the excellent support from the Audit team to
the IPU Secretariat. The Executive Committee commended the IPU Secretary General for the good
financial results and was pleased to endorse the audit results and financial statements. The Executive
Committee recommended that the Governing Council approve the financial statements for 2019.
The Internal Auditor’s report was submitted by Mr.
del Picchia (France) who confirmed that the IPU
accounts were well kept and that the financial statements were a fair
representation of the IPU’s
financial situation at the end of 2019. He also confirmed that, in general terms, the IPU was a
well-managed organization and that its finances were sound, which was to the credit of the Secretary
General and his team.
The budget had been implemented in keeping with the directions established by the Sub-Committee on
Finance. The Members’ contributions had been set according to commitments made, and had remained
unchanged compared to 2018, while the increase in revenue of CHF 11,450 was due to the addition of
a new Member: Saint Vincent and the Grenadines.
The total amount of voluntary contributions earned was CHF 3 million, a similar level to 2018. The
voluntary contributions helped finance programmes without encumbering the assessed contributions.
Mr. del Picchia expressed his gratitude to the generous donors but underlined that one should remain
vigilant so as not to create a situation that would compromise the IPU’s independence.
The Internal Auditor recommended to the Governing Council that the financial statements for 2019 be
approved.
The Governing Council took note of the reports of the Chair of the Sub-Committee on Finance and the
Internal Auditor and approved the Secretary General’s financial administration of the
IPU and the
financial results for 2019.
7.
Financial situation
The Governing Council received a report on the financial situation of the IPU as at 30 June 2020 and an
updated list of unpaid assessed contributions. As at 31 October 2020, the arrears of the current year’s
contributions totalled CHF 1.4 million. Despite the challenges faced by many parliaments, arrears of
contributions were at levels that were not unusual for the time of year. The Secretary General
expressed his thanks to all those Members who paid their contributions regularly and on time. The full
membership rights of Mauritania had been reinstated following partial payment of former arrears.
The Secretary General reported that the current financial situation of the IPU was sound despite the
adverse global situation. The Governing Council took note that the expenditure of the IPU was running
below target for the first half of 2020. Most of the savings had been generated from the cancellation or
postponement of physical meetings due to the COVID-19 pandemic and the reduction in travel-related
costs across all objectives. This would continue in a similar pattern until the end of the year and any
savings generated would be credited to the Working Capital Fund in the usual way. The return on
investments was low due to poor market performance so far in 2020 but was expected to stabilize and
improve in 2021.
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The Governing Council also took note of the report on mobilization of voluntary funding prepared by the
Secretariat.
8.
2021 draft consolidated budget
The Governing Council was presented with the
draft consolidated budget for 2021.
Reporting on behalf
of the Executive Committee, Ms. C. Widegren (Sweden) explained that the draft budget had been
prepared under the supervision of the Sub-Committee on Finance and was in accordance with its
guidance. The Sub-Committee had met several times to discuss drafts of the budget, during which time
it had studied detailed forecasts and analyses, and received explanations from the Secretariat. The
Sub-Committee wanted to use this budget to encourage Member Parliaments to step up their
engagement for multilateralism, democracy and human rights in an efficient, modern and flexible
manner.
In the current challenging times, there would be no increase in contributions for any Member in 2021.
Voluntary funding was expected to be at a similar level to 2020, with some new grants anticipated.
Ms. Widegren encouraged all Members to pursue any domestic opportunities to fundraise for the IPU.
The budget placed more focus on the effective use of communications and new technologies, and on
remote working, with support given to more virtual meetings, virtual regional seminars, hybrid and
inclusive meetings.
With fewer physical meetings being held and less travel taking place, any savings would continue to
flow into the IPU’s Working Capital Fund reserves as usual. The Fund was a very important component
of the IPU’s financial health and resilience that allowed the Organization to react to lean times. The
target level of reserves set by the governing bodies in 2006
half of the operating budget
was yet to
be reached.
In 2021, the current Strategy would expire and a new Strategy would be designed and adopted for 2022
and beyond, signalling a new start for the IPU. The budget made financial provision for that very
important work which would lead to even greater focus on IPU core values and long-term commitments
on environmental impact, gender mainstreaming, human rights-based approaches, democracy and
freedom.
The IPU was committed to exercising the highest standards of transparency and accountability. The
approval of the budget would enable the Organization to drive forward its core values of multilateralism,
human rights, gender equality, democracy and freedom, and also to become an international leader in
digital democracy and parliamentary diplomacy.
The Governing Council approved the 2021 budget.
9.
Elections to the Executive Committee
Ms. B. Argimón (Uruguay) from the Group of Latin America and the Caribbean for a four-year
term to replace Ms. Y. Ferrer Gómez (Cuba), whose term had ended.
Ms. L. Fehlmann Rielle (Switzerland), from the Twelve Plus Group, to replace Ms. M. Kiener
Nellen (Switzerland) who was no longer a Member of Parliament.
She will complete the latter’s
term that expires in October 2021.
The Governing Council elected the following two members to the Executive Committee:
10.
Brief report by the Committee on the Human Rights of Parliamentarians
The Governing Council endorsed the draft decisions put forward by the Committee on the Human
Rights of Parliamentarians concerning
184 parliamentarians from 13 countries (Human
rights decisions
adopted by the Governing Council,
see page 36).
The Council noted the reservations of the delegations
of Egypt, Israel and Zimbabwe concerning the cases in their respective countries.
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11.
Brief reports on the outcome of the virtual segments of the 13th Summit of
Women Speakers and the Fifth World Conference of Speakers of Parliament
The 13th Summit of Women Speakers of Parliament and the Fifth World Conference of Speakers of
Parliament were organized by the IPU in close cooperation with the United Nations and the Austrian
Parliament.
Ms. A. Eder-Gitschthaler, President of the Federal Council of Austria, presented a brief report on the
13th Summit of Women Speakers of Parliament (17 and 18 August 2020). The event had brought
together 28 women Speakers of Parliament from 26 countries under the theme
Women’s parliamentary
leadership in a time of COVID-19 and recovery.
Marking the 25th anniversary of the Beijing Declaration
and Platform for Action, the Summit took stock of the progress made and renewed the commitments
made by women Speakers towards fulfilling those goals.
As a response to the COVID-19 pandemic,
the women Speakers called for putting women’s
empowerment and gender equality at the centre of the crisis response and recovery plans. Building
back better required strong legal frameworks to
eliminate gender discrimination; to guarantee gender
equality; and oversee their effective implementation through strong monitoring and gender-responsive
budgeting.
Parliamentary
leaders and members were urged to condemn and sanction any acts of
harassment, intimidation and violence against women in parliament. In preparation for the next Summit,
it was recommended that a sub-committee of women Speakers be established within the Preparatory
Committee of the next World Conference of Speakers of Parliament.
Mr. J.F. Mudenda, Speaker of the National Assembly of Zimbabwe, presented a brief report on the
virtual session of the Fifth World Conference of Speakers of Parliament (19 and 20 August 2020) which
had brought together over 115 Speakers of Parliament. The overall theme of the Conference was
Parliamentary leadership for more effective multilateralism that delivers peace and sustainable
development for the people and planet.
The Conference concluded in a robust
Declaration on
parliamentary leadership for effective multilateralism that delivered peace and sustainable development.
The Declaration was formally presented in the United Nations General Assembly and circulated among
all the UN Member States. The full report and video highlights of the Conference were available on the
IPU website. All Speakers would be receiving the publication shortly.
Speakers and distinguished experts contributed on topics spanning effective multilateralism,
parliamentary diplomacy, climate change, sustainable development, health, youth and gender,
democracy, human mobility, countering terrorism, and science and technology. Through an interactive
debate, five panels and five reports, the Conference had provided a framework for expertise and
parliamentary deliberations. The Conference had also been an important platform to deepen
parliamentary ties with the United Nations and the IPU’s other partners.
A
comprehensive publication
on the virtual sessions of the 13th Summit of Women Speakers of
Parliament and the Fifth World Conference of Speakers of Parliament is available on the IPU website.
12.
Future inter-parliamentary meetings
The Council approved the list of future meetings and other activities to be funded by the IPU’s regular
budget and by external sources (see page 34).
The Council took note of the recommendation of the Executive Committee to consider Geneva as the
venue for the 142nd Assembly, in May/June 2021, following the request by the Moroccan parliamentary
authorities to postpone the Assembly they had offered to host in Marrakech in March 2021.
The Council reconfirmed that the 143rd Assembly would be held in Rwanda (November 2021). It also
took note of the invitation by the Parliament of Indonesia to host an IPU Assembly in April 2022.
In preparation for the in-person session of the Fifth World Conference of Speakers of Parliament in
Vienna in 2021, the Governing Council endorsed the nominations of the Geopolitical Groups to fill the
vacancies on the Preparatory Committee. The composition of the Committee is available on page 25.
13.
Questions relating to the IPU membership: the specific situation in Mali
The Governing Council was invited to review the situation in Mali and take a decision on its membership
of the IPU.
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206th session of the Governing Council
The Secretary General recalled that the military coup in August 2020 had been the culmination of an
ongoing cycle of instability fueled by popular dissatisfaction over the Malian President and
Government’s handling of an insurgency in the north and intercommunity tensions in the centre of Mali.
After elections in Spring 2020, the Constitutional Court had disqualified some parliamentarians and
replaced them with MPs loyal to the then President. Widespread protests calling for the President’s
resignation had followed. Mediation by the Economic Community of West African States (ECOWAS)
had recommended a national unity government, but to no avail. In August, the military had staged a
coup in which the then President, Prime Minister and others had been arrested, and a three-year
transitional period of rule had been announced. ECOWAS had imposed measures including trade
sanctions, the IPU had condemned the seizure of power by force, and the Secretary General had
approached the new Malian authorities to understand more about the situation.
Since August 2020, the Malian authorities had engaged with ECOWAS, and agreed to an 18-month
transition process, consulted all parts of Malian society, adopted a transitional charter, formed a
government of national unity, established a transitional national council, released prisoners (including
the former President, the former Prime Minister and former parliamentary Speaker). They had
requested that the IPU governing bodies both show understanding and engage with the new authorities
in efforts to restore constitutional norms, including by supporting the work of the transitional national
council which would serve as the legislative body during the transition. International partners including
ECOWAS, the African Union and the UN Security Council had acknowledged this progress and
encouraged Mali to revert quickly to constitutional rule.
At its meetings on 31 August and 30 October, the Executive Committee had noted the IPU practice of
supporting Members during transitional periods if they were clearly aiming to restore constitutional
order. In light of current developments, the Executive Committee recommended that the Governing
Council maintain Mali’s membership and encourage the IPU to work with the Malian authorities to
restore constitutional norms as swiftly as possible.
The Executive Committee had instructed the Secretary General to report regularly to the Governing
Bodies on progress made against a road map to be agreed with the transitional authorities.
The Governing Council endorsed the recommendation.
14.
IPU Secretariat Activities Report
Pandemic Period 2020
The Secretary General presented a brief report which demonstrated the IPU’s resilience and ability to
adapt to new and unexpected situations (see page 26).
15.
Concluding remarks
At the concluding sitting on 3 November, the Acting IPU President, Mr. Chen Guomin, reminded
members of the historic nature of the online session. Despite the many challenges, IPU Members had
been able to meet for three busy days and take important decisions
about the Organization’s functioning
and governance.
The high level of participation in the Governing Council session had been impressive: 145 national
parliaments had registered delegations, with 410 Governing Council members. Participation in the
remote elections for the new IPU President (97 per cent of Governing Council members eligible to vote)
had also been remarkable. This was testimony to the interest and commitment of IPU Members to the
important mission and work of the organization.
Parliamentary leadership was called upon on a number of issues. The Members must urge their
respective national authorities to mobilize all resources to make a science-based and targeted response
to the COVID-19 pandemic and enhance solidarity and deepen cooperation to that end.
Parliamentarians must also help maintain peace and promote common development. The green
revolution must move faster and countries must take decisive steps to honor the Paris Agreement. What
was needed was more parliamentary diplomacy, more multilateralism, more engagement of all
Members to achieve the measures and recommendations of the Governing Council and deliver tangible
benefits to the people parliaments represented.
The acting President thanked everyone and declared the 206th session of the Governing Council
closed.
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284th session of the Executive Committee
284th session of the Executive Committee
(virtual meetings)
1.
Debates and decisions
The Executive Committee held its 284th session virtually on 31 August and 30 October 2020.
The President of the IPU, Ms. G. Cuevas Barron (Mexico) chaired the meeting on 31 August, and
Mr. Chen Guomin (China), following the end of the mandate of the IPU President, chaired the meeting
on 30 October as Acting President. The following members took part in the meetings:
Mr. D. McGuinty (Canada), Mr. G. Gali Ngothé (Chad), Mr. J.P. Letelier (Chile), Mr. Chen Guomin
(China) replaced by Mr. Chen Fuli on 30 October, Mr. M.R. Rabbani (Pakistan), Ms. A.D. Mergane
Kanouté (Senegal), Mr. M. Grujic (Serbia) on 30 October, Ms. C. Widegren (Sweden), Ms. L. Fehlmann
Rielle (Switzerland), Ms. P. Krairiksh (Thailand), Ms. E. Anyakun (Uganda) on 30 October,
Mr. A. Saidov (Uzbekistan), who recused himself from the sitting of 30 October to avoid any conflict of
interest as he was a candidate for the IPU Presidency, Mr. J.F. Mudenda (Zimbabwe), and
Ms. S. Kihika (Kenya) in her capacity as the President of the Bureau of Women Parliamentarians on
30 October.
Mr. A. Abdel Aal (Egypt), Ms. Y. Ferrer Gómez (Cuba), and Mr. M. Bouva (Suriname), in his capacity as
President of the Board of the Forum of Young Parliamentarians, were absent.
Mr. M. Chungong, Secretary General of the IPU, took part in both sittings; Mr. G.L. Burci, legal counsel,
attended on 31 August; and Mr. F. Maggiore, independent auditor from the United Nations International
Computing Centre (UNICC), participated on 30 October.
The Executive Committee heard the report of the working group that it had mandated to reflect on
possible arrangements and make concrete proposals for the organization of the virtual session of the
Governing Council.
The Executive Committee noted and endorsed
the working group’s recommendation that the virtual
session of the Governing Council should be limited to pressing matters including: the adoption of the
Special Rules of Procedure; the 2019 financial results and the 2021 draft consolidated budget; the
election of the IPU President; and the election of two new members of the Executive Committee. It
recommended that additional items be added to the virtual agenda such as: the end-of-term report of
the outgoing President; brief reports on the outcome of the 13th Summit of Women Speakers and the
Fifth World Conference of Speakers of Parliament, and on the work of the Committee on the Human
Rights of Parliamentarians.
The Executive Committee concurred with the working group that the Special Rules of Procedure, as a
regulating document for the major issues addressed by November’s historic Governing Council session,
should be guided by realism, clarity and flexibility.
The Executive Committee heard the detailed explanation of the working group’s
Chair on a note about
the remote voting process, and took note of a number of related recommendations including:
establishing the deadline for the registration of candidates and members of the Governing Council at
15 days before the opening of the session; using the list of members of the Governing Council at the
registration deadline to establish the quorum and verify gender balance of delegations; requesting IPU
Members to register three (mixed) members of the Governing Council by the registration deadline and
informing them that single-sex delegations would only be entitled to one vote; appointing an authority to
validate any cases of force majeure; contracting a specialist election provider to provide an online voting
platform as the primary method of voting, and making available a secondary back-up method (phone or
SMS); contracting an independent auditor to provide additional technical verification of the process; and
nominating two Tellers who would be endorsed by the Governing Council to ascertain the results of the
ballot. Mr. Mudenda (Zimbabwe) and Mr. Letelier (Chile) were nominated as the Tellers.
The Executive Committee agreed that the Special Rules of Procedure should be amended to make
additional provision for better conditions regarding the remote voting process. The conditions should be
based on accessibility, confidence, secrecy, authentication, independence and time zone inclusiveness.
It was recommended that the Special Rules of Procedure be adopted at the first sitting of the Governing
Council.
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284th session of the Executive Committee
Having acknowledged that it was of the utmost importance to open all possible communications
channels for candidates to express themselves, the Executive Committee recommended that all
necessary information should be made available to candidates as soon as they were registered. In
addition, it believed that candidates should have the chance to give a 10-minute presentation at the
session of the Governing Council before voting began. The Executive Committee recommended that
the Secretariat organize other presentations with candidates in the 15 days running up to that Council
session.
Taking into account the constraints (including lockdown) of the current COVID-19 pandemic that
prevented candidates from campaigning, the Executive Committee recommended that the Secretariat
assist the candidates by providing them with a number of facilities, including a platform for hearings with
members and sessions with the geopolitical groups, and the IPU directory of Members for the
candidates to use in their campaigns.
The Executive Committee took note of the Secretary General’s update on preparations for the
Governing Council. The Committee also expressed its appreciation for the Secretariat’s successful
arrangements with a view to the virtual session of the Governing Council.
The Executive Committee heard the presentation of the independent auditor, Mr. F. Maggiore (UNICC),
on the technical report of his analysis of the voting platform and the test election of 20 October.
The Executive Committee was briefed on and took note of the virtual segment of the Fifth World
Conference of Speakers of Parliament and on the preparations under way for the in-person Conference
in 2021 in Vienna as recommended by the Preparatory Committee. It invited all parliamentarians around
the world to study the Conference publication and reflect on the key outcome messages, which should
spur them towards working together for a better world. The Executive Committee took note of the
nominations made by the geopolitical groups to fill the vacancies on the Preparatory Committee and
invited the groups who had not yet made nominations for all their vacancies to do so.
The Executive Committee also took note of the report on the virtual segment of the 13th Summit of
Women Speakers of Parliament. It invited parliaments to scale up efforts towards achieving the main
objectives of the Beijing Declaration.
The Executive Committee approved the list of future inter-parliamentary meetings presented by the
Secretary General. It took note of the request by the Moroccan parliamentary authorities to postpone its
hosting of what was scheduled to be the 142nd IPU Assembly due to COVID-19 challenges that the
country was facing. The Committee also took note of the alternative proposed by the Secretary General
to organize that Assembly in Geneva in May or June 2021 in line with the availability of the International
Conference Centre of Geneva.
2.
Memorandums of Understanding (MoU) between the IPU and other organizations
The Secretary General briefed the Executive Committee about ongoing arrangements related to the
MoU with the Office of the Special Representative of the United Nations Secretary-General on Sexual
Violence against Women in Conflict, and the Office of the United Nations High Commissioner for
Human Rights. Having recognized the importance of collaboration with these two United Nations
organizations, the Executive Committee approved the MoUs and recommended that they be submitted
to the Governing Council for final endorsement, which could be obtained by correspondence.
3.
Questions relating to IPU membership: situation in Mali
The Secretary General briefed the Executive Committee on the situation in Mali. The Committee took
note of the current political developments in the country, as well as the international and regional current
trends of supporting the ongoing transitional process, and encouraging the new Malian authorities to
work speedily to conclude that process and return to full constitutional civilian order. The Executive
Committee therefore recommended that Mali’s membership be maintained and that the IPU should work
with the Malian transitional authorities towards a speedy return to normal constitutional rule. The
Executive Committee instructed the Secretary General to implement this recommendation and to report
to the Governing Bodies on a regular basis in line with a road map to be agreed with Mali’s transitional
authorities.
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Subsidiary bodies of the Governing Council
4.
Sub-Committee on Finance
The Sub-Committee on Finance had met on 29 October 2020 to prepare and facilitate the Executive
Committee’s consideration of the draft programme and budget for 2021, the financial situation of the
IPU, the voluntary funding situation, and the selection of an External Auditor. The Chair of the
Sub-Committee, Ms. C. Widegren (Sweden), made a full presentation of the 2021 budget document,
which encouraged Member Parliaments to step up their engagement for multilateralism, democracy and
human rights in an efficient, modern and flexible manner. The Sub-Committee had thoroughly reviewed
the document and guided the preparation of the budget during the course of the year. The Executive
Committee thanked the Sub-Committee on Finance and the Secretariat for their work, and
recommended the 2021 budget and scale of contributions to the Governing Council for adoption.
The Acting President recalled that, at its session on 18 June 2020, the Executive Committee had
already recommended that the Governing Council should approve the
Secretary General’s
financial
administration of the IPU and the financial results for 2019. This would be put before the Governing
Council at its upcoming session.
The Secretary General and his colleagues updated the Executive Committee on the financial situation
of the IPU and the mobilization of voluntary funding. Despite the global crisis, the IPU’s financial health
and resilience remained strong. Despite the challenges faced by many parliaments, arrears of
contributions were at a level that was typical for the time of year. New voluntary funding agreements
were anticipated following substantial pledges of support from China and the United Arab Emirates
amongst others.
The Chair of the Sub-Committee briefed the Executive Committee on the process of selecting a new
External Auditor following the end of the mandate of the Swiss Federal Audit Office. The Indian
Supreme Audit Institution had a team stationed in Geneva that already audited a number of international
organizations. It had been identified as the best choice for the IPU, providing a very professional audit
proposal under IPSAS rules at a similar low cost to that of the Swiss auditors. The Executive Committee
voted to approve the selection of the Indian Supreme Audit Institution, as the IPU’s
External Auditor for
the financial years 2020–2022, with one objection noted from Pakistan.
Subsidiary bodies of the Governing Council
1.
Committee on the Human Rights of Parliamentarians
The Committee held its 162nd session in virtual format. The Committee met on 22, 23, 26 and
27 October for four sittings of three hours each. The Committee continued its exchanges in writing until
31 October, the day on which it adopted its decisions.
Mr. N. Bako-Arifari (Benin), President, Ms. D. Solórzano (Bolivarian Republic of Venezuela),
Vice-President, Mr. A. Alaradi (Bahrain), Ms. L. Dumont (France), Ms. A. Reynoso (Mexico), and
Mr. A. Caroni (Switzerland) took part in the 162nd session. Ms. J. Mukoda-Zabwe (Uganda) was unable
to attend.
At its session, the Committee examined the situation of 297 parliamentarians in 19 countries, of which
12 concerned new complaints concerning 70 parliamentarians. The Committee also held two hearings
with complainants and other interested parties.
The Committee submitted decisions to the Governing Council for adoption concerning
184
parliamentarians from the following countries: Belarus, Brazil, Côte d’Ivoire, Democratic Republic of
the Congo, Egypt, Gabon, Mongolia, Palestine/Israel, Philippines, Uganda, United Republic of
Tanzania, Venezuela (Bolivarian Republic of), and Zimbabwe.
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Elections and appointments
Elections and appointments
1.
IPU President
Four candidates ran for the post of IPU President: Ms. S. Ataullahjan (Canada), Mr. D. Pacheco
(Portugal), Mr. A. Saidov (Uzbekistan), and Mr. M.S. Sanjrani (Pakistan).
In the single round of voting, Mr. Pacheco obtained 222 votes, followed by Mr. Saidov with 67 votes,
Ms. Ataullahjan with 53 votes, and Mr. Sanjrani with 52 votes.
The Governing Council consequently elected Mr. D. Pacheco (Portugal) as President of the
Inter-Parliamentary Union for a three-year term ending in October/November 2023.
The outgoing President, Ms. G. Cuevas Barron (Mexico), was made Honorary President of the
Inter-Parliamentary Union.
2.
Executive Committee
Group of Latin America and the Caribbean
Ms. B. Argimón (Uruguay) to replace Ms. Y. Ferrer Gómez (Cuba), whose term had ended.
Twelve Plus Group
Ms. L. Fehlmann Rielle (Switzerland) to replace Ms. M. Kiener Nellen (Switzerland) who is no
longer a member of parliament.
She will complete the latter’s term which expires
in October 2021.
The Governing Council elected the following two members to the Executive Committee:
3.
Preparatory Committee for the Fifth World Conference of Speakers of Parliament
The Governing Council approved the following nominations to the Preparatory Committee:
African Group
Ms. C. Gotani Hara (Malawi)
Arab Group
Ms. F. Zainal (Bahrain)
Asia-Pacific Group
Ms. P. Maharani (Indonesia)
Group of Latin America and the Caribbean
Ms. B. Argimón (Uruguay)
Mr. M. Nadir (Guyana)
Twelve Plus Group
Ms. S. D'Hose (Belgium)
Mr. W. Schäuble (Germany)
Mr. S.J. Sigfússon (Iceland)
Ms. T. Wilhelmsen Trøen (Norway)
4.
Internal Auditors for the 2021 accounts
Ms. S. Moulengui-Mouele (Gabon)
The Governing Council appointed the following Internal Auditor for the 2021 accounts:
5.
External Auditor for 2020-2022
The Executive Committee appointed the Indian Supreme Audit Institution as the External Auditor of the
IPU’s accounts for 2020-2022.
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Media and communications
Media and communications
There were two big communication moments during the last Governing Council. The announcement of
the result of the Presidential election and the latest decisions on the human rights of parliamentarians.
Two press releases were issued in English, French, Spanish, and Arabic, and were sent to thousands of
journalists around the world. The press releases also generated media coverage, notably in
international outlets such as Voice of America and Deutsche Welle as well as the national press in the
countries concerned. The Secretariat also communicated extensively on the IPU social media platforms
Twitter, Instagram, Facebook, LinkedIn, YouTube, and Flickr garnering significant impressions and
engagement.
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Agenda, reports and other texts of the Governing Council
Agenda of the 206th session
of the Governing Council
Adopted by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 1 November 2020)
1.
2.
Adoption of the agenda
Adoption of the Special Rules of Procedure for the virtual session of the Governing
Council
The Special Rules of Procedure have been prepared by the Working Group tasked with preparing
the virtual session of the Governing Council, with the support of the IPU Secretariat and the
independent Legal Counsel, and further amended and endorsed by the Executive Committee.
They are designed to adapt certain existing Rules, which will be temporarily suspended, to the
specificities of a virtual session. The Special Rules of Procedure are being circulated to the full
membership of the IPU and will be adopted at the first sitting of the virtual session.
3.
Approval of the summary records of the 205th session of the Governing Council
(Belgrade, October 2019)
The summary records were sent to all Members on 28 January 2020.
4.
IPU
Honorary President’s report
The outgoing President will present a report on her overall activity during her three-year term as
President of the IPU.
5.
Election of the President of the Inter-Parliamentary Union
(Article 19 of the Statutes and Rules 6, 7 and 8 of the Rules of the Governing Council as well as
the Special Rules of Procedure)
(a)
(b)
The candidates to the IPU Presidency will each be given 10 minutes to address the
Governing Council, to present themselves and their vision for the Organization.
The Governing Council will elect a new President to replace Ms. Gabriela Cuevas Barron
(Mexico), who will conclude her term of office on 19 October 2020.
6.
Financial results for 2019
The Governing Council will be informed of the financial results for 2019 and will be asked to approve
the accounts. It will also elect the internal auditors for the 2021 accounts.
7.
2021 draft consolidated budget
The Governing Council will be invited to adopt the draft budget, accompanied by the IPU work
programme for 2021.
8.
Elections to the Executive Committee
The Governing Council will elect two new members of the Executive Committee. In light of the
fact that the membership of the other statutory bodies of the IPU is determined by the geopolitical
groups, it is proposed that the mandates of other IPU office holders be extended to such a time
as elections can take place (142nd IPU Assembly, Marrakech, 14-18 March 2021).
9.
Brief report by the Committee on the Human Rights of Parliamentarians
The Governing Council will be invited to hear a brief report on the activities of the Committee
since October 2019 and to adopt the relevant decisions on the human rights of parliamentarians.
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Agenda, reports and other texts of the Governing Council
10.
Brief report on the outcome of the virtual segment of the Fifth World Conference of
Speakers of Parliament
The Governing Council will be briefed on the outcome of the virtual segment of this high-level
event and on the preparations under way for the in-person Conference to be held in Vienna
in 2021.
11.
Future Inter-Parliamentary meetings
The Governing Council will be invited to approve the list of Future inter-parliamentary meetings
scheduled for end of 2020 onwards.
Questions relating to the IPU membership: the specific situation in Mali
Following the coup d’état
on 18 August, the National Assembly of Mali has been dissolved. The
Governing Council will be called upon to review the situation and take a decision on Mali’s
membership within the IPU.
Other business
12.
13.
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Agenda, reports and other texts of the Governing Council
Special Rules of Procedure to regulate the conduct of
virtual sessions of the Governing Council
1
Adopted by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 1 November 2020)
PREAMBLE
The Rules of the Governing Council shall continue to apply in full, except to the extent that they are
inconsistent with these Special Rules of Procedure, in which case the decision of the Governing Council
to adopt these Special Rules of Procedure shall constitute a decision to suspend the relevant Rules of
the Governing Council to the extent necessary in accordance with Rule 45.3 of the Rules of the
Governing Council.
The Rules of the Governing Council that shall be suspended are:
Rule 2 with regard to substitute members
Rule 3 with regard to participation by Associate Members
Rule 4 with regard to participation by observers
Rule 7 with regard to the deadline for communication of candidatures for the post of President of
the IPU
Rule 13 with regard to requests for supplementary agenda items
Rules 14–20 with regard to the submission of motions, draft resolutions, amendments and
sub-amendments
Rule 23 with regard to decisions on limiting speaking time
Rule 28 with regard to substitute members voting
Rule 29 with regard to voting by show of hands or standing vote
Rule 32 with regard to requests for division of proposals
Rule 34 with regard to the establishment of the quorum
1.
AGENDA
1.1 The provisional agenda of a virtual session of the Governing Council shall be determined by the
Executive Committee and shall be limited to essential items for the governance and programme of work
of the Organization.
1.2 It will not be possible for members of the Governing Council to propose supplementary items
pursuant to Rule 13 of the Rules of the Governing Council.
2.
ATTENDANCE
2.1 Attendance by Members shall be through a secured access to videoconference or other
electronic means allowing representatives to hear other participants and to address the meeting
remotely as appropriate.
2.2 For the purpose of attendance and voting, the gender inclusiveness of delegations of Members
under Rule 1 of the Rules of the Governing Council will be assessed on the basis of the list submitted
by each Member for the purpose of registration by the deadline indicated below.
2.3 Participation by IPU Members in the Governing Council is limited to titular members. It will not be
possible to appoint substitute members under Rules 2 and 28 of the Rules of the Governing Council
except in case of force majeure preventing a titular member from attending the session. The existence
of such a situation must be certified by the Speaker of the parliament or the President of the IPU Group
concerned through a written communication to the Secretary General.
1
In these Rules, whenever the words "President", "Vice-President", "delegate", "representative", "member" and
"observer" are used, they should be construed as referring to both women and men.
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Agenda, reports and other texts of the Governing Council
3.
REGISTRATION
3.1 Registration will take place through an online system in accordance with established practice.
Each IPU Member participating in the session will communicate the name, gender and contact details of
its representatives as well as the scan of an official letter from the Speaker of parliament or the
President of the IPU Group.
3.2 The deadline for registration shall be 15 days before the opening of the session. No further
changes to the composition of delegations will be possible after that date, subject to Rule 2.3 of these
Special Rules of Procedure.
4.
QUORUM
The number of registered members of the Governing Council at the registration deadline indicated in
Rule 3.2 of these Special Rules of Procedure shall be used to establish the quorum.
5.
ADDRESSING THE GOVERNING COUNCIL
5.1 Members are invited to submit written statements in either English or French (the official
languages of the Organization) with an indication of the agenda item to which they refer, in advance of
the opening of the session of the Governing Council. Written statements shall be in lieu of live
interventions. These shall be posted on a dedicated web page and shall form part of the official records
of the session.
5.2 Members may also submit pre-recorded video statements with an indication of the agenda item to
which they refer, in advance of the opening of the session.
5.3
During the virtual session, statements by members shall be limited to two minutes.
5.4 Any member wishing to take the floor should signal their wish to speak. A member wishing to
raise a point of order in relation to a statement made during the session should signal their intention to
do so. The President will rule on the point of order in accordance with Rule 22 of the Rules of the
Governing Council.
6.
MEETINGS
All virtual meetings of the Governing Council shall be open only to Member Parliaments of the IPU. All
business during a virtual session shall be conducted in plenary meetings.
7.
SUBMISSION OF PROPOSALS ON ITEMS ON THE AGENDA
Motions or draft resolutions may be submitted in accordance with Rule 14 and will be subject to Rule 15
of the Rules of the Governing Council. Members should make every effort to arrive at an agreed
proposal through informal consultations. In view of the limitations imposed by a virtual session, Rules
16–20 of the Rules of the Governing Council are suspended.
8.
DECISION-MAKING
All decisions of the Governing Council taken in a virtual session shall be, as far as possible, adopted by
consensus. In view of the virtual nature of the session and of technical limitations, if a vote is required
on matters other than the election of the President and the members of the Executive Committee, it
shall be taken by roll call in accordance with normal practice. In the event of a roll-call vote, should any
member fail to cast a vote for any reason during the roll call, that member shall be called upon a second
time after the conclusion of the initial roll call. Should the member fail to cast a vote on the second roll-
call, the member shall be recorded as absent.
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Agenda, reports and other texts of the Governing Council
9.
WRITTEN SILENCE PROCEDURE
9.1 The following written silence procedure will apply in respect of any proposal that the President or
Executive Committee determines, following informal consultations, is suitable for adoption without
further discussion by the Governing Council but cannot be adopted during the virtual session because
of lack of time or for any other reason as determined by the President or Executive Committee.
9.2 At the request of the President or Executive Committee, the Secretary General will transmit to
Members any such proposal for consideration under this written silence procedure.
9.3 The communication will contain the text of the proposal(s) to be considered under this written
silence procedure and will set a date for the receipt of any objection. Any such objection shall be
conveyed in writing, including by email, and addressed to the Secretary General. The objection must
have been received within 15 days from the date of dispatch of the communication.
9.4 In the absence of the receipt by the stipulated deadline of 15 days of written objections from one
third or more of Members, the proposal concerned will be considered as having been validly adopted by
the Governing Council.
9.5 The Secretary General will communicate the outcome of the written silence procedure to all
Members as soon as possible after the set deadline referred to above. In the case of a proposal that is
adopted pursuant to the written silence
procedure, the date of the Secretary General’s communication
to that effect will be date of adoption of the proposal.
9.6 Without prejudice to the above, a Member may explain its position in respect of a proposal that is
subject to the written silence procedure by submitting a written statement relating thereto, for posting on
the IPU website. Written statements should be received by the Secretary General by the date set for
receipt of objections. Written statements will be made available on the IPU website for information
purposes only. They will appear as submitted and in the language(s) of submission. Submission of a
written statement in accordance with this paragraph will not be considered as an objection.
10.
ELECTION OF THE PRESIDENT
10.1 The President of the IPU shall be elected in accordance with Rules 6–8 of the Rules of the
Governing Council except as provided in these Special Rules of Procedure. The Secretary General
shall announce the quorum before voting begins in accordance with Rule 34 of the Rules of the
Governing Council.
10.2 Prior to the start of the voting process, the candidates duly registered for the post of IPU
President will be invited to briefly address the Governing Council, to present themselves and their vision
for the Organization. Hearings, open to the IPU Members, will also be organized with the candidates in
the two weeks leading up to the election.
10.3 The deadline for communication of candidatures for the IPU Presidency shall be 15 days before
the opening of the Governing Council session.
10.4 The election shall be conducted by secret ballot using a secure electronic system that has been
verified by the Secretary General as ensuring privacy, security and simplicity of use. A secure back-up
voting method that respects the secrecy of the ballot will be provided for members who are not able to
use the primary voting method.
10.5 The Secretary General shall distribute to members of the Governing Council a ballot with the
names of the candidates. The ballot shall only be accessible to members through a personal
authentication system following instructions to be provided by the Secretary General. Members shall
submit their ballot online or as advised by the Secretary General
10.6 Members shall have 24 hours from the opening of the vote by the President to cast their ballot.
The President will remind members of the approaching deadline. The voting period shall not suspend
the conduct of the business of the session.
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Agenda, reports and other texts of the Governing Council
10.7 Once the voting period closes, the results of the votes shall be verified by two tellers appointed by
the Governing Council pursuant to Rule 30 of the Rules of the Governing Council, with the assistance of
the Secretariat. An independent auditor will provide the tellers with a technical assessment of the voting
process and results.
10.8 The President shall announce the result of the secret ballot in a public meeting. He/she will
suspend the business of the session for this purpose if necessary. If no candidate receives an absolute
majority of the votes cast on the first secret ballot in accordance with Rule 35 of the Rules of the
Governing Council, a second secret ballot shall be held between the two candidates having received the
highest number of votes in the preceding ballot in accordance with the same procedure as described
above. If the two candidates receive the same number of votes, additional ballots shall be held in
accordance with the same procedure until a candidate receives an absolute majority.
11.
ELECTION OF MEMBERS OF THE EXECUTIVE COMMITTEE
11.1 The deadline for communication of candidatures to the Executive Committee shall be 15 days
before the opening of the session.
11.2 If there are more candidates than the available posts on the Executive Committee, a secret ballot
shall be held following mutatis mutandis the procedure set out above for the election of the President.
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Agenda, reports and other texts of the Governing Council
IPU Budget for 2021
Approved by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 2 November 2020)
2020
Approved
Budget
REVENUES
Assessed contributions
Working Capital Fund (IPSAS)
Working Capital Fund (liquid)
Staff assessment
Interest
Programme support costs
Other revenue
Voluntary contributions
TOTAL REVENUES
EXPENDITURES
Strategic Objectives
1. Build strong, democratic parliaments
2. Advance gender equality and respect for
women’s rights
3. Protect and promote human rights
4. Contribute to peacebuilding, conflict
prevention and security
5. Promote inter-parliamentary dialogue and
cooperation
6. Promote youth empowerment
7. Mobilize parliaments around the global
development agenda
8. Bridge the democracy gap in international
relations
Subtotal
Enablers
Effective internal governance and oversight
Visibility, advocacy and communications
Gender mainstreaming and a rights-based
approach
A properly resourced and efficient Secretariat
Subtotal
Other charges
Eliminations
TOTAL EXPENDITURES
2,333,100
1,344,000
1,602,400
1,445,100
3,849,700
351,600
1,315,300
955,300
13,196,500
1,028,100
1,052,000
10,000
2,779,000
4,869,100
107,600
(375,200)
17,798,000
1,419,800
525,500
1,034,900
199,300
3,733,900
85,600
194,700
923,500
8,117,200
1,030,400
1,056,400
10,000
2,795,600
4,892,400
107,600
13,117,200
5,015,600
21,600
387,900
991,900
1,148,600
890,300
566,100
1,030,800
2,568,400
1,415,800
1,601,000
1,230,100
3,733,900
473,500
1,186,600
923,500
13,132,800
1,052,000
1,056,400
10,000
2,795,600
4,914,000
107,600
(372,900)
17,781,500
10,959,200
230,000
222,000
1,205,800
100,000
0
16,000
5,065,000
17,798,000
10,920,800
230,000
392,000
1,085,500
100,000
372,900
16,000
13,117,200
(372,900)
5,037,200
4,664,300
10,920,800
230,000
392,000
1,085,500
100,000
0
16,000
5,037,200
17,781,500
Regular Budget
2021 Approved Budget
Other Sources
All Funds
21,600
(372,900)
4,664,300
Approved 2021 capital budget
Item
1. Replacement of computers and servers
2. Furniture
3. Website development
Total capital expenditures
2021
75,000
15,000
50,000
140,000
20
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Approved programme and budget for 2021
Scale of contributions for 2021 based on the UN scale of assessment
Approved by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 2 November 2020)
Country Name
UN 2019–
2021
Per cent
Afghanistan
Albania
Algeria
Andorra
Angola
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahrain
Bangladesh
Belarus
Belgium
Benin
Bhutan
Bolivia (Plurinational State of)
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Burundi
Cabo Verde
Cambodia
Cameroon
Canada
Central African Republic
Chad
Chile
China
Colombia
Comoros
Congo
Costa Rica
Côte d'Ivoire
Croatia
Cuba
Cyprus
Czech Republic
Democratic People’s Republic of Korea
Democratic Republic of the Congo
Denmark
Djibouti
Dominican Republic
Ecuador
Egypt
El Salvador
0.007%
0.008%
0.138%
0.005%
0.010%
0.915%
0.007%
2.210%
0.677%
0.049%
0.050%
0.010%
0.049%
0.821%
0.003%
0.001%
0.016%
0.012%
0.014%
2.948%
0.046%
0.003%
0.001%
0.001%
0.006%
0.013%
2.734%
0.001%
0.004%
0.407%
12.005%
0.288%
0.001%
0.006%
0.062%
0.013%
0.077%
0.080%
0.036%
0.311%
0.006%
0.010%
0.554%
0.001%
0.053%
0.080%
0.186%
0.012%
Approved 2021 scale
Per cent
0.110%
0.110%
0.270%
0.110%
0.110%
1.110%
0.110%
2.440%
0.860%
0.160%
0.160%
0.110%
0.160%
1.010%
0.100%
0.100%
0.120%
0.120%
0.120%
3.170%
0.160%
0.100%
0.100%
0.100%
0.110%
0.120%
2.960%
0.100%
0.100%
0.570%
11.750%
0.440%
0.100%
0.110%
0.180%
0.120%
0.200%
0.200%
0.150%
0.460%
0.110%
0.110%
0.730%
0.100%
0.170%
0.200%
0.320%
0.120%
CHF
12,100
12,100
29,600
12,100
12,100
121,600
12,100
267,400
94,200
17,500
17,500
12,100
17,500
110,700
11,000
11,000
13,100
13,100
13,100
347,400
17,500
11,000
11,000
11,000
12,100
13,100
324,300
11,000
11,000
62,500
1,280,200
48,200
11,000
12,100
19,700
13,100
21,900
21,900
16,400
50,400
12,100
12,100
80,000
11,000
18,600
21,900
35,100
13,100
21
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Country Name
UN 2019–
2021
Per cent
0.016%
0.039%
0.002%
0.010%
0.003%
0.421%
4.427%
0.015%
0.001%
0.008%
6.090%
0.015%
0.366%
0.036%
0.003%
0.001%
0.002%
0.003%
0.206%
0.028%
0.834%
0.543%
0.398%
0.129%
0.371%
0.490%
3.307%
8.564%
0.021%
0.178%
0.024%
0.252%
0.002%
0.005%
0.047%
0.047%
0.001%
0.030%
0.009%
0.071%
0.067%
0.004%
0.002%
0.341%
0.004%
0.004%
0.017%
0.001%
0.011%
1.292%
0.001%
0.011%
0.005%
0.004%
0.055%
0.004%
0.010%
Approved 2021 scale
Per cent
0.120%
0.150%
0.100%
0.110%
0.100%
0.580%
4.620%
0.120%
0.100%
0.110%
6.220%
0.120%
0.520%
0.150%
0.100%
0.100%
0.100%
0.100%
0.350%
0.140%
1.030%
0.720%
0.560%
0.260%
0.530%
0.660%
3.530%
8.560%
0.130%
0.310%
0.130%
0.400%
0.100%
0.110%
0.160%
0.160%
0.100%
0.140%
0.110%
0.190%
0.180%
0.100%
0.100%
0.500%
0.100%
0.100%
0.120%
0.100%
0.110%
1.500%
0.100%
0.110%
0.110%
0.100%
0.170%
0.100%
0.110%
CHF
13,100
16,400
11,000
12,100
11,000
63,600
506,200
13,100
11,000
12,100
681,600
13,100
57,000
16,400
11,000
11,000
11,000
11,000
38,400
15,300
112,900
78,900
61,400
28,500
58,100
72,300
386,800
938,000
14,200
34,000
14,200
43,800
11,000
12,100
17,500
17,500
11,000
15,300
12,100
20,800
19,700
11,000
11,000
54,800
11,000
11,000
13,100
11,000
12,100
164,400
11,000
12,100
12,100
11,000
18,600
11,000
12,100
Equatorial Guinea
Estonia
Eswatini
Ethiopia
Fiji
Finland
France
Gabon
Gambia (the)
Georgia
Germany
Ghana
Greece
Guatemala
Guinea
Guinea-Bissau
Guyana
Haiti
Hungary
Iceland
India
Indonesia
Iran (Islamic Republic of)
Iraq
Ireland
Israel
Italy
Japan
Jordan
Kazakhstan
Kenya
Kuwait
Kyrgyzstan
Lao People’s Democratic Republic
Latvia
Lebanon
Lesotho
Libya
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Mauritius
Mexico
Micronesia (Federated States of)
Monaco
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Country Name
UN 2019–
2021
Per cent
0.009%
0.007%
1.356%
0.291%
0.005%
0.002%
0.250%
0.007%
0.754%
0.115%
0.115%
0.001%
0.045%
0.016%
0.152%
0.205%
0.802%
0.350%
0.282%
2.267%
0.003%
0.198%
2.405%
0.003%
0.001%
0.001%
0.001%
0.002%
0.001%
1.172%
0.007%
0.028%
0.002%
0.001%
0.485%
0.153%
0.076%
0.001%
0.272%
0.006%
2.146%
0.044%
0.010%
0.005%
0.906%
1.151%
0.011%
0.004%
0.307%
0.002%
0.002%
0.001%
0.040%
0.025%
1.371%
0.033%
Approved 2021 scale
Per cent
0.110%
0.110%
1.570%
0.440%
0.110%
0.100%
0.390%
0.110%
0.940%
0.240%
0.240%
0.100%
0.100%
0.160%
0.120%
0.280%
0.340%
0.990%
0.510%
0.430%
2.500%
0.100%
0.340%
2.630%
0.100%
0.100%
0.100%
0.100%
0.100%
0.100%
1.380%
0.110%
0.140%
0.100%
0.100%
0.650%
0.280%
0.190%
0.100%
0.420%
0.110%
2.370%
0.160%
0.110%
0.110%
1.100%
1.360%
0.110%
0.100%
0.460%
0.100%
0.100%
0.100%
0.150%
0.130%
1.590%
0.140%
CHF
12,100
12,100
172,000
48,200
12,100
11,000
42,700
12,100
103,000
26,300
26,300
11,000
11,000
17,500
13,100
30,700
37,300
108,500
55,900
47,100
273,900
11,000
37,300
288,200
11,000
11,000
11,000
11,000
11,000
11,000
151,200
12,100
15,300
11,000
11,000
71,200
30,700
20,800
11,000
46,000
12,100
259,700
17,500
12,100
12,100
120,500
149,000
12,100
11,000
50,400
11,000
11,000
11,000
16,400
14,200
174,200
15,300
Namibia
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
North Macedonia
Norway
Oman
Pakistan
Palau
Palestine
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Republic of Korea
Republic of Moldova
Romania
Russian Federation
Rwanda
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
Sao Tome and Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Singapore
Slovakia
Slovenia
Somalia
South Africa
South Sudan
Spain
Sri Lanka
Sudan
Suriname
Sweden
Switzerland
Syrian Arab Republic
Tajikistan
Thailand
Timor-Leste
Togo
Tonga
Trinidad and Tobago
Tunisia
Turkey
Turkmenistan
23
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Country Name
UN 2019–
2021
Per cent
0.001%
0.008%
0.057%
0.616%
4.567%
0.010%
0.087%
0.032%
0.001%
0.728%
0.077%
0.010%
0.009%
0.005%
Approved 2021 scale
Per cent
0.100%
0.110%
0.170%
0.800%
4.760%
0.110%
0.210%
0.140%
0.100%
0.910%
0.200%
0.110%
0.110%
0.110%
CHF
11,000
12,100
18,600
87,700
521,600
12,100
23,000
15,300
11,000
99,700
21,900
12,100
12,100
12,100
Tuvalu
Uganda
Ukraine
United Arab Emirates
United Kingdom
United Republic of Tanzania
Uruguay
Uzbekistan
Vanuatu
Venezuela (Bolivarian Republic of)
Viet Nam
Yemen
Zambia
Zimbabwe
Member or associate member
Andean Parliament
Arab Parliament
Central American Parliament
East African Legislative
Assembly
European Parliament
Interparliamentary Assembly of Member
Nations of the Commonwealth of
Independent States
Inter-Parliamentary Committee of the
West African Economic and Monetary
Union
Latin American and Caribbean Parliament
Parliament of the CEMAC
Parliament of the ECOWAS
Parliamentary Assembly of the
Black Sea Economic Cooperation
Parliamentary Assembly of La
Francophonie
Parliamentary Assembly of the
Council of Europe
Total
UN 2019-
2021
Per cent
Approved 2021 scale
Per cent
0.020%
0.010%
0.010%
0.010%
0.060%
CHF
2,200
1,100
1,100
1,100
6,600
0.020%
2,200
0.010%
0.030%
0.010%
0.010%
0.030%
0.020%
1,100
3,300
1,100
1,100
3,300
2,200
0.040%
100%
4,400
10,920,800
24
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Composition of the Preparatory Committee of the Fifth
World Conference of Speakers of Parliament
Approved by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 2 November 2020)
President of the Preparatory Committee
Mr. Duarte Pacheco
Members
Mr. Slimane Chenine
Mr. Wolfgang Sobotka
Ms. Fawzia Zainal
Ms. Stephanie D'Hose
Mr. Haroun Kabadi
Mr. Li Zhanshu
Mr. César Litardo
Mr. Wolfgang Schäuble
Mr. Manzoor Nadir
Mr. Steingrímur J. Sigfússon
Ms. Puan Maharani
Mr. Marzouq Al Ghanim
Ms. Catherine Gotani Hara
Mr. Tinni Ousseini
Ms. Tone Wilhelmsen Trøen
Mr. Blas Llano
Ms. Zinaida Greceanîi
Lord Fakafanua
Ms. Rebecca Kadaga
Ms. Beatriz Argimón
President
President
Speaker
President
President
Chairman
President
President
Speaker
Speaker
Speaker
Speaker
Speaker
Speaker
President
President
President
Speaker
Speaker
President
National People’s Assembly, Algeria
Nationalrat, Austria
Council of Representatives, Bahrain
Senate, Belgium
National Assembly, Chad
Standing Committee of NPC, China
National Assembly, Ecuador
German Bundestag, Germany
National Assembly, Guyana
Althingi, Iceland
House of Representatives, Indonesia
National Assembly, Kuwait
National Assembly, Malawi
National Assembly, Niger
Storting, Norway
Senate, Paraguay
Parliament, Republic of Moldova
Legislative Assembly, Tonga
Parliament, Uganda
General Assembly and Senate, Uruguay
President of the IPU
Representatives of the Executive Committee
Mr. Juan Pablo Letelier
Ms. Pikulkeaw Krairiksh
Mr. Jacob Francis Mudenda
Chile
Thailand
Zimbabwe
Ex-officio
Members of the Preparatory Committee
Ms. Susan Kihika
Mr. Melvin Bouva
President
President
Bureau of Women Parliamentarians
Board of the Forum of Young MPs
Representative of the UN Secretary General
Ms. Tatiana Valovaya
Director-General, United Nations Office at Geneva
* * * * * *
Mr. Martin Chungong
Secretary General of the IPU
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
IPU Secretariat Activities Report - Pandemic Period 2020
Noted by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 3 November 2020)
This report summarizes the activities of the IPU during the pandemic months and provides
material
for reflection on the IPU’s role during and after the COVID-19
crisis. The first version of
this report was presented during the 283rd session of the Executive Committee in July 2020. The
report has since been updated.
From March to October 2020, the IPU adapted to the challenges posed by the COVID-19 pandemic and
found new ways of delivering on its mandate to empower parliaments and parliamentarians.
Within a few days of the pandemic being declared, the IPU responded with its campaign
Parliaments in
a time of pandemic
to support parliaments as they put in place measures to continue to function.
Through the campaign, the IPU collated data, expertise and good practice for parliaments to use and
share. The campaign was also an opportunity to underline how parliaments are essential in the
response to the pandemic and should not be sidelined by emergency government actions.
At the same time, the IPU adapted the way it works including by fast-tracking the IT systems and
software to enable Secretariat staff to work remotely. As a result, the IPU was still able to deliver
business continuity in most of its activities, research and support services for Members, as well as
innovate, adapt and find different ways of engaging with the parliamentary community.
This Activities Report outlines the headline Secretariat activities during the past eight months. The
report also includes an Annex I which lists all the IPU virtual events organized during this period as well
as planned meetings, and an Annex II which lists publications and tools produced by the Secretariat
during the pandemic period.
1.
Parliaments in a time of pandemic
As COVID-19 became a global pandemic, it rapidly became clear that a new type of support to
parliaments was needed. This was an opportunity for the IPU to showcase its global credentials, confirm
its position as the leading source of information and guidance on parliamentary practice, and facilitate
exchanges between its Members.
As a result, within a few days of the lockdown, the IPU launched its communications and information
campaign
Parliaments in a time of pandemic
with dedicated branding and a call to action to all its
Members to share their responses to the crisis.
Resources developed by the Secretariat for the campaign included:
A
country-by-country compilation
of how parliaments are dealing with the crisis in terms of
health measures, legislation, government scrutiny, technology and innovation
A practical
Q and A on remote working tools and technology
for parliaments
A
guidance note
on how parliaments can ensure that government interventions in the COVID-19
crisis take into account a
gender
dimension
A
guidance note
on how parliaments can ensure that government interventions in the COVID-19
crisis are consonant with
human rights
A
two-minute video
on how parliaments and parliamentarians have responded to the pandemic
The campaign has received global attention in the media and on social media with many requests for
interviews from the international press. More than 100 parliaments answered the IPU’s call to action and
the website saw a 40 to 50 per cent growth in traffic during the pandemic period, compared to the same
period last year, with the country compilation page receiving thousands of views.
As well as collating much of the good practice, the IPU Centre for Innovation in Parliament facilitated
numerous exchanges between Members on remote working methods and technological solutions.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
The IPU also partnered with WHO and UNDRR for a series of webinars between experts and
parliamentarians which mobilized hundreds of participants.
The IPU is also finalizing a policy note for parliamentarians entitled "Green approaches to COVID-19
recovery”, in partnership with the UN Environment Programme. The IPU Secretary General presented
insights from this note at the “Achieving a green and inclusive recovery post COVID-19” session
of the
2020 virtual Global Parliamentary Forum at the World Bank and IMF Annual Meetings on
14 October 2020.
The IPU has partnered with the United Nations Economic Commission for Asia Pacific in the
organization of a series of regional webinars for parliaments on achieving the Sustainable Development
Goals (SDGs) in time of a pandemic.
The IPU is currently looking into developing further research to help parliaments manage the
post-COVID period and into how the pandemic has affected the functioning of parliaments. This
includes a series of consultations of IPU Members on the impact of the pandemic on parliamentary work
and capacity.
2.
Business continuity
Despite the cancellation of the IPU Assemblies in April and October, the Secretariat has continued to
support its Members, moved many meetings and seminars online, prepared relevant documents and
continued to conduct its research programmes for parliaments and parliamentarians.
2.1 Supporting the Speakers’ Conference and IPU statutory bodies
In the lead-up to the first part of the
Fifth World Conference of Speakers of Parliament,
the
Secretariat organized four virtual sessions of the Preparatory Committee (on 21 April, 13 May, 2 June,
6
and 7 August) to prepare for the Speakers’ Conference and the 13th Summit of Women Speakers of
Parliament.
A drafting committee was set up which held two virtual meetings to prepare the draft outcome
Declaration of the Speakers’ Conference, which was circulated to all national parliaments for their
feedback and possible amendments.
The Secretariat also organized five virtual
Executive Committee
meetings (on 3, 18, 26 June, 9 July,
and 31 August), to examine pressing matters relating to the IPU budget, programme of work and future
meetings.
The Executive Committee decided to establish a working group to make recommendations on the
agenda and modalities for a virtual meeting of the IPU Governing Council from 1 to 4 November. The
working group met three times (on 3 and 16 July, and 13 August).
The first part of the
Fifth Edition of the World Conference of Speakers of Parliament
took place
virtually on 19 and 20 August. For the first time, the conference was organized with a national
parliament
the Austrian National Council represented by Speaker Wolfgang Sobotka.
Over 115 of the world’s most senior legislators took part in the conference. They were
joined by
hundreds of other members of parliament, diplomats, scientists and representatives of multilateral
organizations to discuss international parliamentary cooperation to address the challenges facing a
COVID-19 world.
The conference culminated in a declaration on the overall theme of parliamentary leadership for more
effective multilateralism that delivers peace and sustainable development for the people and planet.
The
13th Summit of Women Speakers of Parliament
took place virtually on 17 and 18 August. It
brought together 28 women Speakers of parliament from 26 countries who exchanged their experience
of women’s parliamentary leadership
in a time of COVID-19. They also discussed how to step up
equality between men and women, building on the 25th anniversary of the Beijing Declaration and
Platform for Action.
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Agenda, reports and other texts of the Governing Council
The
High-Level Advisory Group on Countering Terrorism and Violent Extremism
held a virtual
meeting on 4 June, with an agenda which included funding for its programme of work, review of the
IPU-UNODC-UNOCT trilateral agreement and an update on the development of new products, such as
a mobile application for MPs and an interactive map.
In July, the IPU, UNODC, and UNOCT organized a webinar on model provisions regarding victims of
terrorism to strengthen the capacity of national parliaments to counter terrorism and prevent violent
extremism. Since the IPU High-level Advisory Group meeting in June, the design and development of
the mobile application and interactive map, as well as the creation of a global parliamentary network are
moving forward.
The
Committee on the Human Rights of Parliamentarians
met virtually on 25 May and examined the
cases of 210 MPs out of its current caseload of 488 MPs from 40 countries who have reported human
rights violations.
The human rights team conducted extensive follow-up with relevant national authorities, complainants
and/or third
parties in ongoing and new cases before the Committee in Belarus, Brazil, Côte d’Ivoire,
Ecuador, Egypt, Guatemala, Iraq, Libya, Maldives, Mongolia, Tanzania, Thailand, Turkey, Uganda,
Venezuela and Zimbabwe.
The Committee is meeting again virtually from 22 to 30 October.
The IPU
Committee to Promote Respect for International Humanitarian Law
met virtually on
2 October 2020. It discussed the impact of COVID-19 on refugees, stateless men and women and on
the provision of humanitarian assistance more generally.
The Committee agreed on a series of initiatives to raise awareness on measures concerning vulnerable
populations such as refugees and stateless men and women. It also discussed strategies to pursue its
work in cooperation with the ICRC, and the Global Compact on Refugees, and the statelessness
campaign, in cooperation with UNHCR.
The
Committee on Middle East Questions
met virtually on 22 July 2020. The Committee focused on
the situations in Palestine and Libya and reviewed communications that had been received by the IPU
since October 2019 regarding the Middle East. A representative from Israel attended the Committee
meeting for the first time since October 2018.
2.2 Capacity-building for Member Parliaments
In
Botswana,
the IPU gave expert presentations on oversight and e-governance during a webinar
induction for new MPs in June 2020. An SDG–gender self-assessment is planned for later in the year.
In
Djibouti,
the IPU provided assistance to the Parliament in crafting legislation on health emergency
preparedness which will be considered by Parliament soon. The IPU also supported the National
Assembly’s elaboration of a practical guide for MPs on procedures and practice
related to committee
meetings and facilitated an external evaluation of its EU-funded PRAN project. Starting in 2019, this
two-year
project is designed to strengthen parliament’s role in promoting and protecting human rights.
So far, it has led to the creation
of a parliamentary human rights committee, a women’s caucus, as well
as greater human rights awareness among MPs. A second two-year cycle is currently being developed
to start in 2021.
In
Germany,
the IPU presented its guidelines to prevent sexism and harassment in parliament to a
working group of MPs from the Bundestag.
In
Mauritania,
the IPU facilitated two on-line meetings to support women parliamentarians to identify
needs and priority actions.
In
Myanmar,
the IPU launched a survey on professional development for MPs as well as training on
how to use videoconferencing apps. The IPU conducted two webinars on a COVID-19 Economic Relief
Plan attended by over 40 MPs, including MPs from other parliaments. In August, the IPU launched
330 constituency profiles for MPs to help them prepare for the next legislature as well as to support the
opening of a parliamentary public document repository.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
In Sierra Leone,
the IPU provided support to the Parliamentary Caucus on Female Genital Mutilation.
The Caucus was established as a result of an IPU workshop held in February 2020.
In
Tanzania,
the IPU continued to provide support to women MPs through an ongoing mentorship
programme and the development of capacity-building tools.
In
Tunisia,
IPU expert advice helped improve the Parliament’s rules of procedure for enhanced
oversight.
In
Ukraine,
the IPU
gave a webinar presentation to MPs entitled “Guidelines for parliamentary research
services” on the occasion of the launch of a Ukrainian version. The IPU was also part of a high-level
discussion “Strengthening the role of the Verkhovna Rada of Ukraine in achieving the SDGs” on 22
September.
In
Uzbekistan,
the IPU co-organized, with the Parliament and OHCHR, a webinar for parliamentarians
on human rights on 10 June. A second webinar took place on 6 October more specifically on the role of
parliament in preventing torture.
In
Vanuatu,
the IPU helped secure a grant of CHF 50,000 for a project to support enhanced data use in
parliament, in collaboration with the National Statistics Office of Vanuatu.
In
Zambia,
the IPU organized a discovery exercise with the
National Assembly’s Research Department
to help facilitate future development plans.
In
sub-Saharan Africa,
the IPU organized three webinars in June and July for parliamentary staff on
women’s, children’s and adolescents’ health. This was organized
together with PMNCH, WHO, Living
Goods Uganda and Countdown 2030.
The IPU moved its annual information seminar on the IPU to a virtual format. The seminar, in French,
was attended by some 25 staff members representing 16 parliaments.
2.3 Research projects and partnerships
Preparations for two of the IPU’s flagship publications –
the Global Parliamentary Report and the World
e-Parliament report
have continued in recent months. Both publications will incorporate new questions
on the COVID-19 pandemic. One of the case studies in the Global Parliamentary Report on public
participation will focus on COVID-19 and parliamentary- public engagement in time of crisis.
Research and interviews with MPs for a future regional study on sexism, harassment and violence
against women in parliaments in Africa have continued.
Online consultations with MPs and experts from 23 countries were carried out in view of a forthcoming
IPU-UN Women handbook for parliamentarians on making legislation gender-responsive.
The IPU continues its research, in collaboration with the Graduate Institute of Geneva, on the relations
between majority and opposition parties in parliament and on how effective political dialogue can be
good for democracy and long-term stability. The research is due for completion in December 2020.
A comparative research paper on parliamentary administration was published in October 2020. The
paper shines the spotlight on dimensions of parliamentary autonomy and independence in the
governance of parliamentary administration across the globe, from recruitment to budgetary powers.
Over the past few months, the IPU has conducted extensive research on youth participation in
parliaments in preparation for a forthcoming report and has updated the IPU’s open data
platform,
Parline. The research also investigates the impact of COVID-19 on youth and how to adapt
post-COVID-19 policies to support youth employment, education and health. Lastly, preparations are
on-going for the launch of a global campaign to enhance youth representation in parliament, in the
context of the celebration of the 10th anniversary of the IPU youth movement.
The IPU has also started working on a paper that will focus on SDGs financing in a time of pandemic.
One significant project which marked the second quarter, was a series of three climate legislation
webinars aimed at building the capacity of parliamentarians and parliamentary staff, co-organized with
UNFCCC and CISDL.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
The IPU strengthened its partnerships with Generation Equality Forum and International Gender
Champions to promote progress towards gender equality.
The IPU also took part in an expert group meeting
on women’s political participation convened by
UN Women, in preparation for the session of the United Nations Commission on the Status of Women
to be held in 2021.
In September and October, four video statements by the IPU President were presented during the
UN 75th anniversary High-Level meetings on 21 September and 26 October, as well as on the specific
themes of biodiversity (30 September), Beijing +25 (1 October), and nuclear disarmament (2 October).
In October, the IPU also convened the first in a series of online MP briefings on UN processes with
close to 100 parliamentarians joining.
******
Virtual events and webinars during the pandemic period
Past events
“Lessons from the COVID-19
pandemic: Parliamentary action to reduce risks, strengthen
emergency preparedness and increase resilience” (global webinar on 28 April, organized with
UNDRR and WHO, attended by over 500 MPs)
“One planet, one humanity”: Webinar on
International Day of Multilateralism (24 April)
Four webinars for Myanmar on the Economic Relief Plan, Challenges and Public Leadership
during COVID-19, attended by over 80 MPs, and an experience exchange with international MPs
(May, June, August, and September)
Two video parliamentary consultations “Assuring our Common Future: a draft guide to
parliamentary action in support of disarmament for security and sustainable development”
Virtual meeting with members of the human rights committee of the National Assembly of
Senegal to explore how the IPU and OHCHR can support their work (28 May)
Virtual conference (with OHCHR and the Uzbek Parliament) on human rights in Uzbekistan
(10 June)
Launch of parliament e-learning platform; first training course on Committee skills for
parliamentary staff in Myanmar (June 2020)
Virtual briefing with Burkinabe stakeholders on progress in the implementation of
recommendations of the UN Human Rights Council for Burkina Faso
Virtual meetings of two Centre for Innovation in Parliament hubs: parliaments in Southern Africa
(hosted by the National Assembly of Zambia) and in Latin America (hosted by the Chamber of
Deputies of Chile, in partnership with NDI). Discussion within both hubs continues via a dedicated
WhatsApp group.
Virtual meeting of the IPU Committee on the Human Rights of Parliamentarians (25 May)
“Understanding women’s, children’s and adolescents’ health (regional webinar for parliamentary
staff in sub-Saharan Africa on 17 June, organized with PMNCH, WHO, Living Goods Uganda and
Countdown 2030)
“Creating an enabling legislative environment for women’s, children’s and adolescents’ health”
(regional webinar for parliamentary staff in sub-Saharan Africa on 24 June, organized with
PMNCH, WHO, Living Goods Uganda and Countdown 2030)
Quintet meeting, discussion with the Heads of the Geopolitical Groups and virtual launch of the
IPU 130th Anniversary Book on International Day of Parliamentarism (30 June)
“Making the budget work for women, children and adolescents”
regional webinar for
parliamentary staff in sub-Saharan Africa organized with PMNCH, WHO, Living Goods Uganda
and Countdown 2030 (2 July)
Webinar: Building back better: Lessons from the COVID-19 pandemic to enhance the role of
parliaments in disaster risk reduction (9 July)
Virtual workshop (with OHCHR and the Commonwealth Secretariat) for parliamentarians from
countries in the Caribbean and Canada (all members of the Commonwealth) entitled “Engaging
parliaments on the promotion of human rights including on the work of the Human Rights Council
and its Universal Periodic Review (UPR)” (13 and 14 July)
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Parliamentary Forum on the occasion of the UN High-level Political Forum on Sustainable
Development (15 July)
Virtual consultation co-organized with the International Development Law Organization on
freedom of expression (17 July)
Webinar for the Asia-Pacific
region parliaments: “The impact of COVID-19
on SDG
implementation in Asia-Pacific:
What role for parliaments?”, organized with UN ESCAP (28 July)
IPU Secretary General speaks at Parliamentary partnership of education, culture for sustainable
development
AIPA (30 July)
Online training with the women parliamentary caucus in Mauritania (6 July and 10 August)
13th Summit of Women Speakers of Parliament (17-18 August)
Fifth World Conference of Speakers of Parliament (19-20 August)
Celebrating International Youth Day with interventions by the IPU Secretary General and the
President of the Forum of Young Parliamentarians during the Samarkand Youth Forum
(12 August)
“Compliance and implementation under the Paris Agreement” (1/3 global webinars organized with
UNFCCC, 27 August)
IPU contribution to the informal consultation on the United Nations Treaty Body review
(28 August)
IPU Secretary General speaks at UNITE Global Summit (7 September)
IPU Secretary General speaks at the 41st General Assembly of the AIPA (8 September)
Satyarthi Children's Foundation: Third Laureates and Leaders for Children Summit with
participation of the IPU Secretary General (9-10 September)
COVID-19 and democracy: Can parliaments come to the rescue? Virtual interactive panel debate
organized for International Day of Democracy, in partnership with the Julie Ann Wrigley Global
Futures Laboratory at Arizona State University (15 September)
IPU Secretary General speaks at Inaugural meeting of the High Level Commission on ICPD25
Follow-up (17 September)
“Law
and governance approaches within the ocean-climate
nexus” (2/3 global webinars
organized with UNFCCC, 17 September)
Parliaments and the UN: The way forward. An IPU event in the lead-up to the UN75 Summit.
(17 September)
Inaugural meeting of the High-Level Commission on ICPD25 Follow-up (17 September)
Online UNGA side event: The Future of Multilateral Drug Policy (24 September)
Parliamentary Responses to Solutions for Forced Displacement in the IGAD Region
(30 September)
The 46th session of the Steering Committee of the Parliamentary Conference on the WTO
(30 September)
WE Empower Pitch Night with participation of the IPU Secretary General (30 September)
The IPU Secretary General speaks at WHO side event: Sustainable preparedness for health
security and resilience (1 October)
Online intergenerational dialogue “Centering girls’ voices in the international arena”, organized on
the occasion of the International Day of the Girl with the International Gender Champions,
OHCHR, UNICEF, UNFPA, UN Women, WHO, Plan International, the Permanent Missions of
Mexico and the Netherlands in Geneva, among others (8 October)
“Legislative approaches in ensuring social stability in communities facing climate-induced risks”
(3/3 global webinars organized with UNFCCC, 8 October)
Governance Reform and Partner Engagement Consultations
NGO and IGO (PMNCH)
(9 October)
The IPU Secretary General speaks at virtual session on achieving a green and inclusive recovery
post COVID-19
2020 Virtual Global Parliamentary Forum at the World Bank & IMF Annual
Meetings (14 October)
Briefing for MPs on UN processes: SDG 1 and the UN definition of poverty (20 October)
Virtual meeting of the IPU Committee on the Human Rights of Parliamentarians (22-30 October)
IPU Secretary General speaks at Boston University Symposium “Democracy Beyond the Nation
State” (28 October)
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Future events
Webinar “The impact of COVID-19
on SDG
implementation in Africa: What role for parliaments?”,
for African Parliaments, organized with UNECA (13 November)
Webinar “Universal health coverage in times of COVID-19 –
Parliamentary best practices and
challenges” (17 November)
Online event on young women's political participation and leadership (18 November)
Geneva Peace Week in November 2020 (“Towards evidence-informed
disarmament and
Parliaments’ Role in Linking Good Security Sector Governance to SDG16 amid COVID-19”)
First meeting of the Parliamentary
Caucus on FGM in Sierra Leone, organized with IPU’s support
(First part of November)
Reviewing UN Peacebuilding: A briefing for Parliamentarians, the second in a series of briefings
organized by the Office of the Permanent Observer (18 November)
In Indonesia the IPU will support the House of Representatives in organizing an SDG information
webinar (19 November)
Online panel discussion on violence against women in politics (co-organized with the Kofi Annan
Foundation
25 November)
Online presentation of the IPU guidelines on the elimination of sexism and harassment in
parliament to the Parlement de la communauté française de Belgique (25 November)
Arab Regional Parliamentary Forum on the 2030 Agenda: The impact of COVID-19 on SDG
implementation in Western Asia and the role of parliaments, organized with UN ESCWA
(26 November)
Inter-parliamentary virtual conversation on Parliaments and the Women, Peace and Security
Agenda (TBD
October-November)
Project supporting enhanced data use in the Vanuatu Parliament in collaboration with the
National Statistics Office of Vanuatu (October
November 2020)
In Albania, the IPU will provide support in organizing an information webinar on the role of
parliaments in SDG implementation, and a self-assessment exercise using the IPU/UNDP toolkit
“Parliaments and the Sustainable Development Goals” (TBD –
between November and
December)
Webinar entitled “The global post-COVID-19
economy: Devising sustainable trade policies to
support the fights against poverty” (November 2020)
Webinar entitled “The impact of COVID-19
on SDG implementation in Latin America: What role
for parliaments?” for parliaments of Latin America, organized with UN ECLAC (TBD –
between
November and December)
Webinar to strengthen the role of the Committee on human rights of the National Assembly of
Senegal in the UPR process (November)
Online event to re-launch the Not Too Young To Run campaign, in collaboration with partners
(late 2020 or early 2021)
Online conference on young women’s political participation
in partnership with the UN Secretary
General’s Envoy on Youth
Sectoral budget analysis virtual training for staff of the National Assembly of Zambia (November -
December)
Online event to launch the 2020 report on youth participation in national parliaments and to
celebrate the 10th anniversary of the IPU resolution
Youth participation in the democratic process
Virtual Expert Roundtable on the
‘why, what and who’
of monitoring and evaluation of
parliamentary performance (December 2020)
Online event to launch the handbook for parliamentarians on nutrition and food systems (late
2020 or early 2021)
Webinar “Climate change adaptation in mountain areas: What role is there for parliaments?”,
organized with the Adaptation at Altitude programme of the Swiss Agency for Development and
Cooperation (11 December 2020).
Webinar “SDGs financing in a time of pandemic” (TBD)
******
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
New publications, tools and content
Redesign of Parline, the IPU’s open data platform, with new data on Speakers, gender and youth
Publication of an op-ed on gender and COVID-19 co-signed by the IPU Secretary General and
the IGC Secretariat
Publication of
“Gender and COVID-19:
A guidance note
for parliaments”
Publication of “Human Rights and COVID-19: A guidance note for parliaments”
Translation of the IPU-UN
Women map “Women in Politics” into Arabic and Turkish
Translation of
Guidelines for the elimination of sexism, harassment and violence against women
in parliament
into Turkish, Korean, Japanese and Spanish
Translation of the IPU’s
Evaluating the gender sensitivity of parliaments: A self-assessment toolkit
into Armenian and Ukrainian (in partnership with UNDP)
Publication of
Road
map for action on women’s, children’s and adolescents’ health,
a handbook
for parliamentarians
Op-ed by the IPU Secretary General with the PMNCH Executive Director on World Health Day
Op-ed by the IPU Secretary General on why power should be restored to parliaments
Op-ed by the IPU Secretary General with UNDP Administrator, Achim Steiner
Paper on parliamentary engagement on women’s, children’s and adolescents’ health
Publication of the IPU 130th Anniversary Book
Publication of the IPU monthly e-bulletins and quarterly innovation trackers
Publication of numerous news stories, videos, press releases and opinion pieces including on the
pandemic, multilateralism, abused or tortured MPs, 130th anniversary celebrations, International
Day of Parliamentarism, International Day of Youth, SDGs, Fifth World Conference of Speakers
of Parliament, gender equality, and International Day of Democracy
Partnership with Arizona State University to create a series of four videos for parliamentarians on
SDG 5
Gender Equality
Publication of Comparative research paper on parliamentary administration
Publication of the IPU-UNDP Guidelines for enhancing the engagement and contribution of
parliaments to effective development cooperation
Translation of the IPU-UNDP
toolkit “Parliaments and the Sustainable Development Goals: A
self-assessment
toolkit” into Ukrainian and Indonesian
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Calendar of future meetings and other activities
Approved by the IPU Governing Council at its 206th session
(Extraordinary virtual session, 3 November 2020)
In the context of the ongoing global pandemic, the dates and venues of many of the meetings remain
to be confirmed. It may be that the venues are replaced by virtual meetings.
On-line workshop for members of parliamentary human rights
committees from French Speaking countries that have recently or
will soon be reviewed by the UN Human Rights Council
Regional workshop on the implementation of the Global Compact
on Migration
Third regional seminar on achieving the SDGs
for the parliaments of Latin America and the Caribbean
Third regional seminar on achieving the SDGs
for the Twelve Plus Group
Interregional seminar on achieving the SDGs
Virtual
9-10 December 2020
Republic of Moldova
2020
(Dates to be confirmed)
PANAMA CITY (Panama)
2020 or 2021
(Dates to be confirmed)
PARIS (France)
2020 or 2021
(Dates to be confirmed)
BEIJING (China)
2020 or 2021
(Dates to be confirmed)
2020
(Venue and dates to be confirmed)
2020
(Venue and dates to be confirmed)
NEW YORK
February 2021
NEW YORK
March 2021
ISLAMABAD (Pakistan)
March 2021
(Dates to be confirmed)
GENEVA (Switzerland)
May/June 2021
NEW YORK
or virtual
July 2021
VIENNA (Austria)
July 2021
(Dates to be confirmed)
VIENNA (Austria)
July 2021
(Dates to be confirmed)
KIGALI (Rwanda)
6-10 November 2021
GLASGOW (United Kingdom)
November 2021
GENEVA (Switzerland)
2021 (Dates to be confirmed)
DJIBOUTI (Djibouti)
2021 (Dates to be confirmed)
World e-Parliament Conference
Second Executive Education Parliamentary Leadership
seminar for French-speaking participants
Annual Parliamentary Hearing at the United Nations
Parliamentary meeting on the occasion of the 65th session
of the Commission on the Status of Women (CSW)
Regional seminar on achieving the SDGs for Asia
Pacific parliaments
142nd Assembly and related meetings
Parliamentary Forum at the United Nations High-level
Political Forum
13th Summit of Women Speakers of Parliament(in-person)
Fifth World Conference of Speakers of Parliament
(in-person)
143rd Assembly and related meetings
Parliamentary meeting at the 26th United Nations
Climate Change Conference (COP26)
Event on the occasion of the World Health Assembly
Second regional seminar on achieving the SDGs
for African parliaments
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Parliamentary Conference on the occasion of
the Twelfth WTO Ministerial Conference
Parliamentary meeting at the 2021 World Investment Forum
First Global Parliamentary Meeting on achieving the SDGs
Capacity-building regional workshop on countering terrorism
and violent extremism for the G5 Sahel
International or regional workshop for members of
parliamentary human rights committees
Regional workshop on promoting the rights of the child
for the parliaments of the East and South Asia region
Global Conference of Young Parliamentarians
Fifth South Asia Speakers’ Summit on achieving the SDGs
Speakers’ Summit (P20) on the occasion of the G20
Capacity-building regional workshop on countering
terrorism and violent extremism for the Eurasian Group
Capacity-building regional workshop on countering
terrorism and violent extremism for the Group of
Latin America and the Caribbean (GRULAC)
Workshop on comprehensive disarmament
World Conference on Intercultural and
Interreligious Dialogue
Parliamentary session at the High-level Meeting
on Diplomacy for Health Security and
Emergency Preparedness
First Global Parliamentary Summit on Countering
Terrorism and Violent Extremism
Capacity-building regional workshop on countering
terrorism and violent extremism for the African Group
Capacity-building regional workshop on countering
terrorism and violent extremism for the Arab Group
NUR-SULTAN (Kazakhstan)
2021 (Dates to be confirmed)
ABU DHABI
(United Arab Emirates)
2021 (Dates to be confirmed)
Indonesia
2021 (Dates to be confirmed)
NIAMEY (Niger)
2021 (Dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
2021
(Venue and dates to be confirmed)
MOSCOW (Russian Federation)
May 2022
MARRAKESH (Morocco)
2022 (Dates to be confirmed)
2022
(Venue and dates to be confirmed)
2022
(Venue and dates to be confirmed)
2022
(Venue and dates to be confirmed)
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Decisions concerning the
Human Rights of Parliamentarians
Côte d’Ivoire
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Alain Lobognon, Twitter
Case CIV-COLL-01
Côte d’Ivoire:
Parliament affiliated to the
IPU
Victims:
10 male opposition members of
parliament
Qualified complainants:
Section I.1(a) of
the
Committee Procedure
(Annex I)
Submission of complaints:
January 2019
and February 2020 (CIV-09 to CIV-16)
Recent IPU decision(s):
May 2020
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
Hearing of
the delegation of Côte d’Ivoire at the
140th PU Assembly in Doha (April 2019)
Recent follow-up:
- Communication from the authorities:
Observations of the Government: Letter
from the Speaker of the National
Assembly (May and October 2020)
- Communication from the complainants:
October 2020
- Communications addressed to the
authorities: Letters to the Minister of
Justice and the Speaker of the National
Assembly (June and September 2020)
- Communication addressed to the
complainants: October 2020
CIV-07 - Alain Lobognon
CIV-08 - Jacques Ehouo
CIV-09 - Guillaume Soro
CIV-10 - Loukimane Camara
CIV-11 - Kando Soumahoro
CIV-12 - Yao Soumaïla
CIV-13 - Soro Kanigui
CIV-14 - Issiaka Fofana
CIV-15 - Bassatigui Fofana
CIV-16 - Mohamed Sess Soukou
Alleged human rights violations
A.
Arbitrary arrest and detention
Lack of due process at the investigation stage
Lack of fair trial proceedings
Violation of freedom of opinion and expression
Failure to respect parliamentary immunity
Summary of the case
This case concerns the situation of several Ivorian members of
parliament who have faced violations of their fundamental
rights since 2018 in the exercise of their parliamentary
mandate.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Cases of Mr. Alain Lobognon and Mr. Jacques Ehouo (2018–2019)
In October 2018, the investiture as mayor of Mr. Jacques Ehouo, a member of parliament from the
Democratic Party of Côte d’Ivoire (PDCI), did not take place immediately following his election because
of allegations of corruption and misappropriation of funds that surfaced shortly after his victory. After
initially refusing to appear at a hearing when summoned by the Economic Police, invoking his status as
a member of parliament, Mr. Ehouo eventually attended a hearing on 10 January 2019, following which
he was charged by the Prosecutor with misappropriation of public funds, forgery and the use of
counterfeit documents, and money laundering.
Mr. Ehouo’s case is linked to that of Mr.
Alain Lobognon, who had expressed his concern on social
media, in January 2019, about the legality of the action taken against Mr. Ehouo by the Prosecutor.
Mr. Lobognon had posted a tweet, following which he was accused of posting a message that
amounted to spreading fake news and causing public disorder. The Prosecutor consequently ordered
his arrest for a
flagrante delicto
offence. On 15 January 2019, Mr. Lobognon was taken into custody.
The Bureau of the National Assembly met on 16 January 2019 and decided to demand that
Mr.
Lobognon’s
custody and the proceedings against both members of parliament be suspended. The
Prosecutor is understood to have disregarded this decision, as Mr. Lobognon was sentenced on
29 January 2019 in the court of first instance to a one-year prison term in a trial that his lawyers claimed
lacked fair trial proceedings and was biased. On 13 February 2019, the court of appeal sentenced
Mr. Lobognon to a six-month suspended prison term. Mr. Lobognon was released and lodged an appeal
at the court of cassation. As for Mr. Ehouo, he took office as mayor following his investiture on 23 March
2019. However, it is not clear whether Mr. Ehouo is still subject to a judicial investigation.
New complaints received in late 2019
In December 2019, the Committee received a new complaint about nine members of the National
Assembly, including Mr. Lobognon, who had allegedly been arbitrarily arrested with Mr. Loukimane
Camara, Mr. Kando Soumahoro, Mr. Yao Soumaïla and Mr. Soro Kanigui on 23 December 2019. The five
members of parliament have been charged with causing public disorder, challenging the authority of the
State and spreading fake news, bringing discredit to state institutions and their operation, all of which
amount to an attack on state authority. At the same time, member of parliament and former Speaker of the
National Assembly, Mr. Guillaume Soro, was allegedly prevented from returning to Côte d’Ivoire and had
an international arrest warrant issued against him for misappropriation of public funds and seeking to
challenge the integrity of the State. In its communication of 13 May 2020, the Ivorian Government
dismissed the complainants’ allegations, insisting on the legality of the procedure followed. The five
members of parliament allegedly stated during a press conference held on 23 December 2019 that the
Ivorian airport authorities had prevented Mr. Soro's private plane from landing in Côte d'Ivoire and that his
plane had therefore been rerouted to Ghana. According to the authorities, this information was fake, as it
had reportedly been denied by the National Civil Aviation Authority in a press release in which it stated that
authorization to fly over Ivorian territory and to land at Abidjan airport had been granted on 20 December
2019. The authorities did not send a copy of this press release.
In its communication of 13 May 2020, the Ivorian Government maintained that the allegations of failure
to respect the parliamentary immunity of the members of parliament were completely unfounded, as
they are accused of having actively participated in the first phase of the conspiracy against state
security and were prevented from carrying out the second part of their plan involving an insurrection,
due to judicial police intervention. These alleged facts constitute for the Ivorian Government a proven
flagrante delicto
offence, thereby justifying the absence of authorization from the Chamber Bureaux to
which the members belong. In their letter of 21 October 2020, the parliamentary authorities indicated
that the
flagrante delicto
nature of the offence referred to by the Ivorian Government relates, in the
present case, not to an isolated action or aim, but rather to a conspiracy, under the terms of
article 163 and subsequent articles of the Ivorian Criminal Code. It was in this context that the immunity
of the members of parliament was lifted on 20 January 2020 in a decision taken by the Bureau of the
National Assembly, even though these members had already been arrested and detained.
Mr. Guillaume Soro’s situation
With regard to the case of Mr. Soro, the Ivorian Government confirmed its involvement in two separate
cases, one of which relates to a destabilization plan due to be carried out imminently, which emerged
from an audio recording in which Mr. Soro reportedly exposed his plan to launch an attack against state
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security. According to the authorities, this plan consisted in the recruitment of armed individuals present
in the country, with a view to harming the integrity of the national territory. The Ivorian authorities
concluded that there was a direct link between this recording, dating back to 2017, and Mr. Soro's
political campaign, the aim of which was to discredit the Republic’s institutions. According to the
authorities, the planned conspiracy became increasingly more plausible after the discovery of weapons
of war in a lagoon in Assinie. The second case involving Mr. Soro is said to concern the
misappropriation of funds following the alleged purchase in 2007 of a property using treasury funds, the
real ownership of the property having been concealed.
On 22 April 2020, the African Court on Human and Peoples' Rights (AfCHPR), under its implementation
of interim measures, ordered the suspension of the arrest warrant issued against Mr. Soro, the
provisional release of the members of parliament currently in detention, and adherence to the
status
quo
until the adoption of a decision on the merits of this case. Despite the AfCHPR’s ruling, the Ivorian
justice system continued examining Mr. Soro’s
case, who was found guilty of misappropriation of funds
and sentenced on 28 April 2020 by the Abidjan court of first instance to 20
years’ rigorous
imprisonment, deprivation of his civil and political rights for a period of five years and a fine of 4.5 billion
CFA francs. Given the AfCHPR’s ruling and the fact that Mr. Soro's trial had been marked by numerous
judicial irregularities, his lawyers decided not to appeal his conviction at first instance. In their letter of 21
October 2020, the parliamentary authorities emphasized that recognition of AfCHPR jurisdiction by the
Member States of the African Union was voluntary. According to the authorities, the ruling handed down
by the AfCHPR in Mr. Soro's case had overstepped its mandate, which limits its jurisdiction to only
identifying human rights violations.
On 15 September 2020, the Constitutional Council invalidated the candidacy of Mr. Guillaume Soro,
while the AfCHPR ordered the reinstatement of his candidacy for the presidential elections.
Recent developments
On 24 September 2020, the authorities released members of parliament Mr. Soro Kanigui,
Mr. Loukimane Camara and Mr. Soumaïla Yao. The three parliamentarians were granted a provisional
release and placed under judicial supervision with serious restrictions, including being prohibited from
contacting each other, from engaging in "cyber activism" or from participating in "political meetings". In
their communication of 21 October 2020, the parliamentary authorities indicated that Mr. Kando
Soumahoro had also been provisionally released after recovering from COVID-19. The authorities also
confirmed that Mr. Alain Lobognon would continue to be held in detention for reasons known only to the
investigating judge in charge of the case.
The communications of the Ivorian authorities of 13 May and 21 October 2020 contain no
documentation establishing the truth of the statements made, in particular no copy of the ruling handed
down against Mr. Soro in the money-laundering case, no copy of the audio recording mentioned (only
extracts were provided) together with the date on which it was reportedly made, and no copy of the
arrest and search warrants.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
2.
Thanks
the Ivorian parliamentary authorities for the information provided in their letter of 21 October
2020;
Notes
the provisional release under judicial supervision of Mr. Loukimane Camara, Mr. Soro
Kanigui, Mr. Soumaïla Yao and Mr. Kando Soumahoro;
considers nevertheless
that the restrictive
conditions attached to their release are in no way justified;
considers,
rather, that such conditions
reinforce the complainants' allegations that the proceedings against these members of parliament
are politically motivated and are part of the continued political and judicial harassment to which they
have been subjected since 2019;
underscores
that these members of parliament remained in
detention for nine months with no legal prospect of a fair trial being held;
Deplores
the continued detention of Mr. Alain Lobognon in the absence of any material evidence,
especially given he is still being held during the COVID-19 pandemic period and that his state of
health is fragile; and
calls on
the authorities to release him immediately if they are unable to
provide material evidence of his guilt in relation to the charges against him;
3.
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4.
Notes
the arguments provided by the parliamentary authorities concerning the evidence against
the members of parliament, in particular the discovery of weapons hidden in the homes of those
accused;
stresses,
however, that the Ivorian authorities have so far failed to provide any
documentation to establish the truth of these allegations, given that it has not been established
that Mr. Lobognon and the four other members of parliament hitherto detained had weapons in
their homes;
Regrets
that, given the proven violations of his fundamental rights, which were also found by the
African Court on Human and Peoples' Rights in two separate rulings, Mr. Soro was deprived of
his civil and political rights;
once again calls on
the authorities to provide a copy of the ruling of
the court of first instance in order to understand on what grounds the sentence was passed
against Mr. Soro;
Recalls
that, in its decision of May 2020, further information regarding the audio recording
constituting the key evidence for the Prosecutor’s charges was requested from the authorities;
recalls,
moreover, that the authenticity of this recording has been challenged by the
complainants;
Is concerned
about the arbitrary measures to which the legal advisers of Mr. Soro and of the
other members of parliament are reportedly currently subject;
recalls
that the right to defence is a
fundamental right recognized for every individual and which can only be realized by their legal
advisers enjoying the effective and unimpeded exercise of their functions;
Takes note
of the lack of information on Mr. Jacques Ehouo’s case; and
decides
to close this
case pursuant to article 25(b) of its Procedure for the examination and treatment of complaints, in
the absence of recent information from the complainant on the judicial investigation into the
corruption offences to which Mr. Ehouo is reportedly still subject;
Requests
the Secretary General to convey this decision to the parliamentary authorities, the
Minister of Justice and the complainants and to any third party likely to be in a position to supply
relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
5.
6.
7.
8.
9.
10.
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Agenda, reports and other texts of the Governing Council
Democratic Republic of the Congo
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
© Jean Jacques Mamba
COD-148
Jean Jacques Mamba
Alleged human rights violations
A.
Threats, acts of intimidation
Lack of due process at the investigation stage
Violation of freedom of opinion and expression
Summary of the case
On 13 May 2020, Mr. Jean Jacques Mamba filed a petition,
which was signed by 62 members of parliament, seeking
the removal from office of the First Deputy Speaker of the
National Assembly, Mr. Jean-Marc Kabund. This petition
came about as a result of Mr. Kabund's refusal to respond
to two written requests made by Mr. Jean Jacques Mamba
inviting Mr. Kabund to explain the statements he had made
regarding the organization of a congress for parliamentarians costing seven million US dollars.
Following the filing of the petition with the National Assembly, member of parliament Mr. Simon Mpiana
claimed that his signature had been forged and filed a complaint
Case COD-148
to the court of cassation. The complainant contends that Mr.
Democratic Republic of the Congo:
Mpiana’s accusations were unfounded, in that two members of
Parliament affiliated to the IPU
parliament allegedly attested that Mr. Mpiana had signed the
petition in their presence. The former First Deputy Speaker also
Victim:
Opposition member of
filed an appeal with the Council of State challenging his removal
parliament
from office.
On 22 May 2020, Mr. Mamba alerted the police to the attack on
his home. The day after the attack, police personnel came to his
home and proceeded to arrest him. The complainant alleges that
Mr. Mamba's arrest took place under humiliating conditions and in
the absence of any documentation authorizing his arrest.
Mr. Mamba was reportedly immediately brought before the judge
of the court of cassation without being given an opportunity to
attend a hearing. According to the complainant, the purpose of
this manoeuvre was to make sure Mr. Mamba was convicted on
the same day in a bid to quash his petition and thus render it null
and void. This was unsuccessful because, after noting the
absence of a hearing and of information on the facts justifying his
arrest, the court of cassation judge decided to release Mr. Mamba
and to place him under house arrest. Furthermore, the National
Assembly considered Mr. Mamba's petition after a validation
committee verified the 62 signatures. Thus, on 25 May 2020, the
First Deputy Speaker was removed from office. This decision was
ratified by the Constitutional Court on 17 June 2020.
Qualified complainant(s):
Section
I.(1)(a) of the
Committee Procedure
(Annex I)
Submission of complaint:
September
2020
Recent IPU decision(s):
- - -
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication from the authorities:
---
- Communication from the
complainant: October 2020
- Communication addressed to the
authorities: Letter to the Speaker of
the National Assembly (September
2020)
- Communication addressed to the
complainant: October 2020
On 27 May 2020, the National Assembly passed a resolution calling for the suspension of Mr.
Mamba’s
detention and the proceedings against him, pursuant to article 107 of the Constitution, which applies to
ongoing parliamentary sessions. On the same day, the court of cassation decided to stay the
proceedings until the end of the current parliamentary session.
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On 15 September 2020, when the parliamentary session resumed, the prosecution issued a fresh
warrant for Mr. Mamba’s arrest on the premise that the National Assembly’s resolution only applied to
the preceding session. Mr. Mamba has since left the country to avoid prison. The complainant adds that
the member of parliament has lost all confidence in the justice system, as he claims that the decision to
convict him has already been taken.
In a meeting with the IPU Secretary General, the Minister for Human Rights of the Democratic Republic
of the Congo affirmed the arbitrary nature of Mr. Mamba's detention. He also reaffirmed his support for
the member of parliament and his commitment to upholding the rights of members of parliament.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning Mr. Jean Jacques Mamba is admissible, considering that the
complaint: (i) was submitted in due form by complainants qualified under Section I.1(a) of the
Procedure for the examination and treatment of complaints (Annex I of the Revised Rules and
Practices of the Committee on the Human Rights of Parliamentarians); (ii) concerns an incumbent
member of parliament at the time of the initial allegations; and (iii) concerns allegations of
violation of freedom of opinion and expression, lack of due process at the investigation stage, and
threats and acts of intimidation, allegations that fall under the Committee’s mandate;
Is greatly concerned
by the fact that Mr. Mamba’s arrest appears to have violated his
parliamentary immunity and that the legal proceedings against him appear to stem from the
legitimate exercise of his parliamentary mandate;
stresses
that Mr. Mamba's petition exceeded
the 50 signatures required by the Rules of Procedure of the National Assembly and that, of the 62
signatures collected, only the authenticity of one has been questioned;
notes
that the National
Assembly has verified and validated this petition and that the Constitutional Court has upheld the
removal from office of the former First Deputy Speaker;
Regrets
that Mr Mamba was forced to leave his country and is therefore unable to participate in
the work of the current parliamentary session due to the fresh arrest warrant issued against him;
Points
out that this case must be seen in the context of a large number of other cases in the
Democratic Republic of the Congo that have been referred to the Committee on the Human
Rights of Parliamentarians and which have so far not been fully resolved;
stresses
that
Mr. Mamba's case should therefore prompt the competent authorities to take these concerns in
question all the more seriously;
encourages
the authorities to ensure that progress made so far at
the political level is not undermined, by taking the necessary steps to guarantee Mr.
Mamba’s
security and uphold his fundamental rights;
Welcomes
steps taken by the National Assembly in this regard following Mr.
Mamba’s arrest on
22 May 2020 to guarantee his rights, in particular the passing of a resolution on 27 May 2020
calling for the suspension of proceedings against him;
invites
the parliamentary authorities to take
all necessary measures to ensure that Mr. Mamba is able to return to the Democratic Republic of
the Congo without fear of further arrest and prosecution on the same charges;
Takes note with satisfaction
the support shown by the Minister for Human Rights with respect to
Mr.
Mamba’s rights to exercise his parliamentary mandate; and
expresses the hope
that he will
continue to follow up Mr. Mamba’s case and
that other executive and judicial authorities will do
likewise;
wishes
to be kept informed in this respect;
Requests
the Secretary General to convey this decision to the parliamentary authorities, the
Minister for Human Rights, the Prosecutor General, the complainant and any third party likely to
be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
6.
7.
8.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Gabon
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
© Justin Ndoundangoye
GAB-04
Justin Ndoundangoye
Alleged human rights violations
A.
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Lack of due process at the investigation stage
Failure to respect parliamentary immunity
Impunity
Summary of the case
Case GAB-04
Gabon:
Parliament affiliated to the IPU
Victim:
Member of the majority
Qualified complainant(s):
Section I.1.(a)
of the
Committee Procedure
(Annex I)
Submission of complaint:
May 2020
Recent IPU decision(s):
- - -
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication from to the authorities:
---
- Communication from the complainant:
September 2020
- Communications addressed to the
authorities: Letters addressed to the
Speaker of the National Assembly
(October 2020)
- Communication addressed to the
complainant: September 2020
Mr. Justin Ndoundangoye, a Gabonese member of parliament,
has reportedly been held in pretrial detention at the Central Prison
of Libreville since 9 January 2020, accused of instigating
misappropriation of public funds, bribery, and money laundering
and conspiracy offences.
Mr. Ndoundangoye is the former Secretary General of the
Association des jeunes émergents volontaires
(Association of
Young Emerging Volunteers
AJEV). According to the
complainant, the proceedings against and detention of
Mr. Ndoundangoye are said to be part of a political settling of
scores connected to his views and links to the AJEV. He was
reportedly detained during the so-called
“Opération
Scorpion”
(Operation Scorpion), in which around 20 people, all members of
the AJEV, were arrested, taken into custody, charged and placed
on remand.
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Among other irregularities, the complainant states that Mr. Ndoundangoye was reportedly kept in police
custody for a period of two weeks in violation of the provisions of article 56 of the Criminal Procedure
Code of Gabon, which provides for a maximum period of 48 hours, renewable once. During these two
weeks, he was allegedly questioned by officials of the Directorate General for Counter-Interference and
Military Security, who were not judicial police officers. He was reportedly unable to speak to his lawyers
while in police custody. The lawyers did not have access to the file, either to the procedural documents
or to the evidence against him. The only documents available to the defence was the remand order.
Mr. Ndoundangoye was reportedly unable to comment on the facts of the case as he had allegedly
been charged at the start of the preliminary examination. Moreover, the indictment issued by the Public
Prosecutor is said to be seriously flawed, for example not including the precise date when the offences
were committed or any other concrete evidence establishing the alleged offences. The complainant
claims that Mr. Ndoundangoye was detained without being questioned by an investigating judge, in
violation of the relevant domestic legislation.
On 26 December, Mr. Ndoundangoye was reportedly arrested "manu
militari"
by armed officers before
the Bureau of the National Assembly had endorsed the lifting of his parliamentary immunity and
therefore before it had come into effect. Likewise,
Mr. Ndoundangoye’s bank assets were said to have
been frozen from the beginning of December 2019 in the absence of any legal action and before his
parliamentary immunity had been lifted.
The complainant claims that, on the night of 25 to 26 January 2020, after ordering him to take all his
clothes off, three hooded prison officers tied up Mr. Ndoundangoye with his hands behind his back.
They allegedly asked him to lie flat on his stomach, legs apart. Held by each leg by an officer, he was
reportedly beaten in the testicles, carried out by the third officer using a thick rope knotted at the end.
He reportedly received sustained blows to the testicles for some time, and was then turned over, knees
pressed against his temples, legs still apart, and subjected to blows by the knotted rope to his penis. He
also reportedly at this time received several punches and kicks to his ribs and hips. The officers
allegedly photographed him while he was naked. Before leaving him, they are said to have strongly
advised him not to say a word to his lawyer, otherwise they would come back for "a killing". In taking
these threats further, they allegedly threatened to rape his wife and kill his children if the matter was
publicized.
A request for intervention in the form of protection was reportedly sent to the specialized investigating
judge, with an official copy sent to the Public Prosecutor. In particular, the judge was reportedly asked to
order that Mr. Ndoundangoye be admitted to hospital so he could undergo appropriate examinations
following the alleged acts of torture. This request reportedly remains unanswered.
On 7 February 2020, during a press conference, the Public Prosecutor reportedly stated that the acts of
torture had not been proven and contested their existence on the basis of a report not communicated in
the proceedings, without having heard the victim beforehand.
On 11 February 2020, Mr. Ndoundangoye reportedly attended a hearing with the investigating judge of
the second chamber. During the hearing, he reportedly explicitly denounced the acts of torture of which
he was allegedly a victim and the threats made against him, but his statements were not recorded and
no follow-up
action was taken. The member of parliament’s lawyers then reportedly sent a letter
of
denunciation to the investigating judge of the second chamber.
The case has reportedly been referred to the Speaker of the National Assembly, the Minister of Justice,
the Public Prosecutor and other bodies. No action has been taken to date.
Mr. Ndoundangoye has reportedly been in solitary confinement since the start of his detention.
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B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning Mr. Ndoundangoye is admissible, considering that the
complaint: (i) was submitted in due form by a qualified complainant under Section I.1.(a) of the
Procedure for the examination and treatment of complaints (Annex I of the Revised Rules and
Practices of the Committee on the Human Rights of Parliamentarians); (ii) concerns an incumbent
member of parliament at the time of the initial allegations; and (iii) concerns allegations of torture,
ill-treatment and other acts of violence, arbitrary arrest and detention, lack of due process at the
investigation stage, and failure to respect parliamentary immunity, allegations that fall under the
Committee’s mandate;
Is deeply concerned
about the member of parliament's continued detention, in view of the
worrying allegations concerning his conditions of detention;
urges
the national authorities to take
all necessary steps to ensure Mr. Ndoundangoye’s full enjoyment of his rights, in particular his
right to life, to physical integrity and to access to judicial guarantees, especially in the current
context of the COVID-19 pandemic, which has meant that those detained in prison and other
confined spaces are at increased risk of catching the disease;
Wishes
to receive official and detailed information on the facts justifying each of the charges
brought against Mr. Ndoundangoye, on the procedure followed by parliament to lift his
parliamentary immunity, on the steps taken to investigate the alleged acts of torture and threats
reported by the complainant, on progress made in the identification and punishment, if any, of
those responsible, as well as on all the points mentioned in this decision;
Sincerely believes
in the importance of ongoing and constructive dialogue with the national
authorities, first and foremost with the parliament of the country concerned;
encourages,
in this
regard, the Parliament of Gabon to enter into a dialogue with the Committee to ensure a
satisfactory and rapid settlement of this case;
affirms
that the IPU stands ready to provide
assistance aimed at building the capacities of parliament and other public institutions, upon
request, in order to identify any underlying issues that may have given rise to the filing of the
complaint and to rectify such issues, including with regard to the legislation and procedures
implemented in the case;
requests
the competent authorities to provide further information on
how the IPU could best provide such assistance;
Requests
the Secretary General to convey this decision to the President of the Parliament of
Gabon, the complainant and any third party likely to be in a position to supply relevant
information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
6.
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Agenda, reports and other texts of the Governing Council
Uganda
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Mr. Robert Kyagulanyi, aka Bobi Wine, arrives at the headquarters of his political
party in Kampala, Uganda, on 21 August 2020. SUMY SADURNI/AFP
UGA19 - Robert Kyagulanyi Ssentamu (aka Bobi Wine)
UGA20 - Francis Zaake
UGA21 - Kassiano Wadri
UGA22 - Gerald Karuhanga
UGA23 - Paul Mwiru
Alleged human rights violations
A.
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Lack of due process at the investigation stage
and lack of
fair trial proceedings
Violation of freedom of opinion and expression
Impunity
Summary of the case
Case UGA-Coll-01
Uganda:
Parliament affiliated to the IPU
Victims:
Five male parliamentarians, four
independent and one opposition
parliamentarian
Qualified complainant(s):
Section I.1.(a)
and (d) of the
Committee Procedure
(Annex I)
Submission of complaint:
August 2018
Recent IPU decision(s):
October 2019
Recent IPU mission(s):
January 2020
Recent Committee hearing(s):
Hearing
with the Ugandan delegation to the 139
th
IPU Assembly (October 2018)
Recent follow-up:
- Communications from the authorities:
Letter from the Attorney General
(October 2018); letter from the
Speaker of Parliament to the Minister
of Foreign Affairs (November 2018);
letters from the Speaker of Parliament
(February and October 2019)
- Communication from the complainant:
September 2020
- Communications addressed to the
authorities: Letters addressed to the
Speaker of Parliament (March, April
and September 2020)
- Communication addressed to the
complainant: October 2020
The case is set against the background of the by-election in Arua
municipality in Uganda on 15 August 2018. Mr. Kassiano Wadri, a
former parliamentarian, stood in that election as an independent
and was elected. The four other parliamentarians, who are either
independents or from the opposition, campaigned for Mr. Wadri.
The five individuals were violently arrested on 14 August 2018, on
the eve of the by-election, together with 29 other people, in the
district of Arua, after President Yoweri
Museveni’s convoy
was
reportedly pelted with stones. According to credible reports, the
parliamentarians were tortured and ill-treated while in detention. All
those arrested, including the five parliamentarians, were charged
with treason, which in Uganda carries the death penalty. On
6 August 2019, the following additional charges were reportedly
brought against them in relation to the same events: intent to
annoy, alarm or ridicule the President, incitement to violence, disobedience of lawful orders, failure to
prevent obstruction of traffic, confusion or disorder during a public meeting, and failure to give right of
way to the President.
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The complainants claim that due process guarantees have been violated from the outset, that the
parliamentarians are victims of political repression, as there is no evidence to support the charges
brought against them, and that no action has been taken to hold to account the security forces that
mistreated them upon their arrest.
The complainants further state that Mr. Kyagulanyi is a popular young parliamentarian, strongly
supported among others by the four other parliamentarians in this case, and a well-known singer who
enjoys wide popularity among young people. Through his songs and, since 2017 through his
parliamentary work, he has been a vocal critic of President Museveni and his government. The
complainants affirm that the authorities are doing everything possible to prevent Mr. Kyagulanyi from
staging concerts and thus conveying his music and political message. These steps have gone as far as
banning Mr. Kyagulanyi from wearing his trademark red beret.
From 25 to 29 January 2020, a Committee delegation conducted an on-site mission to Uganda. Despite
its specific request, the delegation was not able to obtain concrete information on possible ongoing
cases against police officers in connection with the allegations of torture against the five members of
parliament. The delegation was told that no information could be disclosed as the matter was
sub
judice.
Among other concerns, the delegation regretted that no progress seemed to have been made
towards investigating these allegations and urged the relevant authorities to conduct a prompt, impartial
and independent investigation, including, where appropriate, the filing of specific torture charges against
the perpetrators and the application of the corresponding penalties under domestic law. It also urged
parliament to use its oversight powers effectively to this end.
In a recent development, Mr. Francis Zaake was detained by police and the military again on the evening
of Sunday 19 April 2020 and released on 29 April 2020. According to information received, Mr. Zaake was
severely tortured while in detention, denied access to his lawyer and family, food and independent medical
attention. According to the complainants, Mr. Zaake was initially charged with disobedience of lawful
orders for distributing food to his community in the context of the COVID-19 pandemic. These charges
were finally dropped in August 2020. The complainants also claim that no investigation has been carried
out into these allegations of torture and that no action has been taken by parliament to support him in his
search for justice. On 6 May 2020, Mr. Zaake lodged a motion before the High Court of Uganda in
Kampala (Civil Division) against the Attorney General of Uganda and seven senior officials of the police
and the military. The motion seeks to establish responsibility for the violation of his rights, including the
right to a fair trial and to be protected from torture and ill-treatment, which are protected under Ugandan
law. To date, the court has not issued a decision on that petition. According to the complainants, Mr.
Zaake continues to receive credible death threats and intimidating messages from police officers because
of his political opinions and to force him to step down from the political stage and put an end to his legal
action against his alleged torturers.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Ugandan authorities, in particular parliament, for their cooperation during the recent
mission by the Committee on the Human Rights of Parliamentarians to Uganda and for facilitating
its conduct;
Thanks
the Speaker of Parliament for her cooperation with the Committee during the mission;
regrets
nevertheless that she and the Ugandan Parliament chose not to meet virtually with the
Committee at its most recent session, all the more so given that the issues of concern in this case
directly affect parliament;
recalls
in this regard that the Committee’s procedure is based on
ongoing and constructive dialogue with the authorities, first and foremost the parliament of the
country concerned;
Fully endorses
the findings and recommendations contained in the mission report
(CL/206/9/R.1);
Reiterates its concern
that, more than two years after the events, no one has been held to
account for the torture and ill-treatment of the five parliamentarians, and allegedly several others,
in Arua in August 2018 by the security forces;
is gravely concerned
to learn that similar situations
with similar outcomes apparently continue to occur in Uganda whereby parliamentarians are
detained and tortured by state officials with impunity, as happened to Mr. Zaake in April 2020,
which situation the Speaker of Parliament has publicly denounced;
reiterates
that impunity, by
shielding those responsible from judicial action and accountability, decisively encourages the
2.
3.
4.
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perpetration of further serious human rights violations and that attacks against the life and
personal integrity of members of parliament, when left unpunished, not only violate the
fundamental rights of individual parliamentarians and of those who elected them, but also affect
the integrity of parliament and its ability to fulfil its role as an institution;
urges,
therefore,
parliament to use its oversight powers effectively to ensure that the very serious and detailed
allegations of torture against the five members of parliament are fully and immediately investigated,
followed by whatever accountability steps are warranted as a result; and
requests
the parliamentary
authorities to provide information on any relevant developments in this regard and on action taken
by parliament to this end;
urges
the relevant authorities to ensure that the civil proceedings that
Mr. Zaake has initiated against several named state individuals proceed quickly, bearing in mind
that the level of detail of his petition should facilitate a speedy conclusion;
5.
Expresses concern
about detailed information received on serious and continuous threats,
including credible death threats, targeting Mr. Zaake and the allegation that his complaints about
these have not been examined;
urges,
therefore, the Ugandan authorities to make every effort, as
is their duty, to identify the culprits, to bring them to justice, and to put in place the security
arrangements that Mr. Zaake’s situation requires;
considers
that parliament has a vested interest
in using its powers to the fullest to help ensure that effective investigations on these threats are
being carried out and protection offered to Mr. Zaake;
wishes,
therefore, to receive official
information from the parliamentary authorities on any action taken to this effect;
Remains deeply concerned
about the alleged serious violations of the right to a fair trial in
proceedings initiated against the parliamentarians, as well as the other persons arrested in Arua
in 2018, and about the nature and severity of the charge of treason, which carries the death
penalty, especially in view of the allegations that it is unsupported by evidence and the facts at
hand;
regrets
that, one year after the facts, the accused were subject to a set of additional
charges in relation to the same events, including the charge of intent to annoy, alarm or ridicule
the President with significant repercussions for free speech for the parliamentarians concerned;
considers
that, while fully adhering to the democratic principles of separation of powers and the
independence of the judiciary, the
sub judice
rule cannot be invoked as an obstacle to justice or
accountability and that parliament is responsible for helping to ensure that all state institutions,
including the judiciary, fully abide by the rule of law;
urges,
therefore, parliament to take all
necessary measures to ensure strict respect for due process guarantees in ongoing proceedings
against parliamentarians;
requests
the parliamentary authorities to keep the IPU informed of any
relevant developments in this regard and on any action taken by parliament to this end;
Is deeply concerned
about the steps taken to allegedly prevent Mr. Kyagulanyi from conveying
his political message, which run counter to his rights to freedom of expression and freedom of
assembly;
urges
the authorities, therefore, to lift the restrictions imposed on him and to do
everything possible to allow him full enjoyment of his right to freedom of expression as a
parliamentarian or a singer and to meet and interact with his supporters;
Reiterates its wish
to mandate a trial observer to monitor the upcoming court proceedings against
the members of parliament; and
requests
the authorities to inform the IPU of the dates of the
trials when available and of any other relevant judicial developments in the case;
Urges
all sides to refrain from violence and also the relevant authorities to take all necessary
measures to protect human life, to respect people’s right to peaceful assembly,
to take part in the
conduct of public affairs, to vote and be elected, and to have equal access to elective office in
view of the general elections to take place in 2021 in Uganda;
urges
in this regard, the relevant
authorities to refrain from acts that could in any way undermine the civil and political rights of the
five members of parliament;
Requests
the Secretary General to convey this decision to the President, Minister of Foreign
Affairs, Attorney General and the Speaker of the Parliament of Uganda, the complainants and
any third party likely to be in a position to supply relevant information, and to proceed with all
necessary arrangements to organize the trial observation mission;
Requests
the Committee to continue examining this case and to report back to it in due course.
6.
7.
8.
9.
10.
11.
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Agenda, reports and other texts of the Governing Council
Tanzania
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Mr. Tundu Lissu (centre), reacts to supporters upon his return on 27 July 2020 to
Tanzania after three years in exile following a failed attempt on his life.
STR/AFP
TZA-04
Tundu Lissu
Alleged human rights violations
A.
Threats, acts of intimidation
Arbitrary arrest and detention
Lack of due process in proceedings against
parliamentarians
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Abusive revocation or suspension of the parliamentary
mandate
Summary of the case
CASE TZA-04
United Republic of Tanzania:
Parliament
affiliated to the IPU
Victim:
A former opposition member of
parliament
Qualified complainant(s):
Section I.1(a)
of the
Committee Procedure
(Annex I)
Submission of complaint:
November
2019
Recent IPU decision(s):
January 2020
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
Hearing
with the complainant at the 161
st
session
of the Committee (January 2020)
Recent follow-up:
- Communication from the authorities:
Letter from the Clerk of the National
Assembly (October 2020)
- Communication from the complainant:
October 2020
- Communications addressed to the
authorities: Letters addressed to the
Speaker of the National Assembly and
the Minister of Home Affairs
(September, July and February 2020)
- Communication addressed to the
complainant: October 2020
According to the complainant, Mr. Tundu Lissu, a long-
standing opposition member of parliament belonging to the
Chama cha Demokrasia na Maendeleo
(CHADEMA
Party for
Democracy and Progress) has been facing regular and serious
acts of intimidation at the hands of the Government in
response to his vocal criticism.
On 7 September 2017, Mr. Lissu escaped an assassination
attempt when attackers armed with AK-47s sprayed his vehicle
with bullets outside his house in a normally heavily guarded
government housing compound in Dodoma. Mr. Lissu was shot
16 times but survived. The complainant draws attention to
several elements to suggest that the assassination attempt
was carried out with government involvement.
The complainant affirms that, in recent times, Mr. Lissu was
arrested eight times and charged in court six times for sedition
and related offences in connection with public statements critical
of the Government. According to the complainant, these charges, which are still pending, violate his rights
to freedom of political association, expression and opinion, and to take part in public affairs. According to
the complainant, these accusations also have to be seen in the context of undue limitations on political
opposition in and outside of the National Assembly in Tanzania and of fears of reprisals.
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The complainant affirms that Mr. Lissu was wrongfully stripped of his parliamentary mandate in June 2019,
largely on grounds related to his absence from the National Assembly, even though the authorities and the
public knew that he was out of the country recovering from the shooting.
In early 2020, Mr. Lissu, after having undergone 24 surgical interventions in Kenya and Belgium, was
declared sufficiently well enough to return home. However, according to the complainant, after he made
public his intention to return home, death threats made by persons known to be connected to the
country’s intelligence and security
apparatus started to appear on social media and in the press.
Mr. Lissu travelled back to Tanzania on 27 July 2020. According to the complainant, since his return,
Mr. Lissu has received numerous credible threats to his life and person, including threats of arrest from
government officials and threats of murder through poisoning, which have all gone unpunished. As part of
this context of intimidation, on the night of 13 August 2020, the CHADEMA headquarters in Arusha was
reportedly firebombed and, a few hours later, the convoy in which Mr. Lissu was travelling was attacked
with stones. The complainant affirms that there were a dozen police officers in two vehicles in the
surrounding areas who took no steps to prevent the attack. Moreover, according to the complainant, on
25 August 2020, when Mr. Lissu was at the National Electoral
Commission’s premises in order to
submit his file as a presidential candidate, unidentified persons in three vehicles reportedly planned to
abduct him when he left the Commission’s premises. They were allegedly all armed and were reported
to be police or intelligence officers. The complainant affirms that the relevant authorities have been
informed of these life-threatening reports, but that no investigations have been launched to date. On
6 October 2020, Mr. Lissu, on the way to Kibaha, just outside Dar Es Salaam on the Morogoro highway,
was stopped by a heavily armed police squadron wielding automatic weapons and preventing them
from continuing their journey. According to the complainant, Mr. Lissu’s convoy was held for nine hours
on the highway by the police as they were trying to prevent them from going to an internal party
meeting.
In August 2020, Mr. Lissu was officially nominated by CHADEMA as its presidential candidate in the
general election of 28 October 2020 and validated as a contender in the presidential elections by the
National Electoral Commission.
In response to several requests for information in 2020 from the IPU Secretary General to the
parliamentary authorities, the latter, through the Clerk of the National Assembly, finally responded in a
brief letter of 20 October 2020 that the alleged death threats against Mr. Lissu since his return to
Tanzania were before the courts and that the National Assembly had no mandate to interfere with
matters that fell within the ambit of the law enforcement bodies, as doing so would be against
sub judice
rules. In addition, the Clerk stated that the complainant had made the allegations about renewed threats
almost a year after Mr. Lissu had been stripped of his parliamentary seat in accordance with the
Tanzanian Constitution and the Standing Orders of the National Assembly. In this context, the Clerk
stated that parliament had no authority to involve itself in such allegations.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Mr. Tundu Lissu, a member of the Tanzanian
National Assembly at the time of the initial allegations, was declared admissible by the Committee
on the Human Rights of Parliamentarians under its procedure (January 2020);
Thanks
the parliamentary authorities for their communication;
regrets
nevertheless that it does not
effectively address the serious concerns at hand in this case;
Is extremely concerned
about the attempt on Mr. Lissu’s life, which he survived by pure miracle,
and the allegation that the crime was reportedly carried out with the support of the authorities;
points
out
in this regard that the complainant affirms that Mr. Lissu had previously been the direct target of
serious threats and intimidation by the Government, that the armed guards normally present at the
location where the shooting took place allegedly happened to be off duty that day and that CCTV
footage of the crime reportedly disappeared soon after;
is concerned
that the absence of any
indication that a proper investigation is ongoing, more than three years after the crime, lends
credence to the allegations by the complainant in this regard;
considers
that, in light of the failed
attempt on Mr. Lissu’s life and the apparent lack of any proper investigation, the continued stream of
alleged threats against him, including after his return to Tanzania, have to be taken extremely
seriously;
2.
3.
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4.
Urges,
therefore, the relevant authorities to carry out diligent and effective investigations, as is their
duty, into the assassination attempt and the alleged death threats and other forms of intimidation
that have followed since and to provide, as a matter of urgency, information on steps taken to this
end;
recognizes
that responsibility for the investigations falls first and foremost to the law
enforcement and judicial authorities and that adhering to the democratic principles of separation of
powers and the independence of the judiciary is crucial;
considers,
nevertheless, that the
sub
judice
rule cannot be invoked as an obstacle to justice or accountability and that parliament is
responsible for helping to ensure that all state institutions, including the judiciary, fully abide by
the rule of law;
urges,
therefore, the National Assembly to take all necessary measures to ensure
strict respect for due process guarantees in ongoing proceedings against current and former
parliamentarians;
wishes
to be kept informed of any action taken by the National Assembly to this
end;
Is troubled
to learn that Mr. Lissu was stripped of his parliamentary mandate when it was clear that
he was absent for obvious reasons, of which the parliamentary authorities and the public at large
were well aware;
considers
that, in implementing the rules governing absence from the National
Assembly, in a situation of this nature the latter should have provided the necessary flexibility to
allow Mr. Lissu to keep his seat, if only out of sympathy for what had happened to him;
Is concerned
about the allegation that Mr. Lissu was arrested several times and remains subject
to several criminal proceedings that may run counter to his basic human rights;
notes
that these
proceedings have to be seen in the context of international reports of undue restrictions to the
rights to freedom of expression and assembly in Tanzania and in the context of the recent
presidential elections in which Mr. Lissu was a contender;
wishes
to receive detailed official
information on the factual and legal basis for each of these steps against him;
Considers
that an IPU on-site mission to Tanzania may offer a useful opportunity to discuss and
clarify the important concerns that have arisen in this case with the executive, parliamentary and
judicial authorities, as well as with any third party able to help it to advance towards the
satisfactory settlement of the case at hand;
requests
the Secretary General to submit this
suggestion to the new parliamentary authorities with a view to organizing the said mission once
the necessary health and security conditions have been met;
trusts
that they will respond
favourably to this suggestion;
Requests
the Secretary General to convey this decision to the parliamentary and other relevant
national authorities, the complainant and any interested third party likely to be in a position to
supply relevant information to assist it in its work;
Requests
the Committee to continue examining this case and to report back to it in due course.
5.
6.
7.
8.
9.
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Agenda, reports and other texts of the Governing Council
Zimbabwe
Decision adopted by consensus by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
1
Joana Mamombe © Women’s Academy for Leadership and
Political Excellence (WALPE)
ZWE-45
Joana Mamombe
Alleged human rights violations
A.
Abduction
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Violation of freedom of opinion and expression
Violation of freedom of assembly and association
Summary of the case
Case ZWE-45
Zimbabwe:
Parliament affiliated to the
IPU
Victim:
female, opposition member of the
Parliament of Zimbabwe
Qualified complainant:
Section I.1(d) of
the
Committee Procedure
(Annex I)
Submission of complaint:
May 2020
Recent IPU decision(s):
May 2020
Recent IPU Mission(s):
- - -
Ms. Joana Mamombe is a member of the Parliament of
Zimbabwe and belongs to the opposition party Movement for
Democratic Change (MDC Alliance).
According to the complainant, at around 2 p.m. on
Wednesday, 13 May 2020, Ms. Mamombe and two other
young women leaders, namely Ms. Cecilia Chimbiri and
Ms. Netsai Marova, were abducted, tortured and sexually
abused by suspected state security agents.
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (August 2020)
- Communication from the complainant:
October 2020
- Communication addressed to the
authorities: Letter to the Speaker of the
National Assembly (August 2020)
- Communication addressed to the
complainant: October 2020
The complainant states that the three women were intercepted
at a police roadblock manned by members of the Zimbabwe
Republic Police and the Zimbabwe National Army in Harare.
They were reportedly informed that they had been arrested for
taking part in a peaceful flash demonstration in Warren Park in
Harare on 13 May 2020 while the country was in lockdown due
to COVID-19. On that day, Ms. Mamombe had led a flash protest with other young leaders over a lack of
social safety nets for the poor in Zimbabwe in light of the pandemic.
1
The delegation of Zimbabwe expressed its reservations regarding the decision.
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According to the complainant, after being intercepted, Ms. Mamombe and the two other young women
leaders were taken to Harare Central Police Station. Before they could be formally charged, they were
taken to an undisclosed destination, where they were subjected to intense torture and degrading
treatment. According to the complainant, the three suffered serious sexual abuse, as specified in detail
in the complaint. According to the complainant, the three women were abandoned near Bindura at
around 9 p.m. on Thursday, 14 May 2020. They were finally rescued at around 2 a.m. on Friday,
15 May 2020, by a team of family members and lawyers.
According to the complainant, petitions regarding these abuses have been submitted to Zimbabwe’s
Gender Commission, Human Rights Commission and the National Peace and Reconciliation
Commission. The complainant affirms that these petitions have been copied to the Ministry of Justice,
Ministry of Home Affairs, Ministry of Women’s Affairs and the Parliament of Zimbabwe.
Ms. Mamombe and her two colleagues were again arrested on 10 June 2020, accused of fabricating
and making false statements about their abduction, and of orchestrating the incident to cast the
Government in a bad light. The women were later freed on bail after widespread international
campaigns for their release. However, the complainant contends that Ms. Mamombe and her two
colleagues’ rights were severely restricted as part of the conditions of bail.
Ms. Mamombe was reportedly briefly arrested again on 31 July 2020, in the context of the organization of
mass protests. Ms. Mamombe was allegedly arrested again on 15 September while she was in hospital
receiving mental health treatment: the complainant specifies that she was arrested on the grounds that
she had failed to appear for trial, despite the fact that her lawyers had provided testimonies from medical
experts stating that she was unable to stand trial for health reasons. The complainant asserts that Ms.
Mamombe was subsequently detained for nearly two weeks at the Chikurubi detention facility on the order
of Harare magistrate Ms. Bianca Makwande, in order to have two state doctors establish her fitness to
stand trial. It was reported that, in early October 2020, the High Court ordered the release of the member
of parliament, ruling that it was not necessary for her to be remanded in custody for the purpose of the
examination.
The complainant states that Ms. Mamombe is one of the main young women leaders in Zimbabwe and
the youngest in parliament. Over the past two years she has been very vocal and outspoken over
deteriorating economic conditions in Zimbabwe and their effect on women and girls. According to the
complainant, her situation should also be seen in the context of the rising number of cases of human
rights abuses against human rights defenders and activists in recent years in Zimbabwe.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Ms. Joana Mamombe, a member of the
Parliament of Zimbabwe at the time of the initial allegations, was declared admissible by the
Committee on the Human Rights of Parliamentarians under its procedure (May 2020);
Thanks
the Speaker of the Parliament of Zimbabwe for the information provided in his letters of
27 August 2020;
notes
that the Speaker stated in his letter that the principle of
sub judice
limits
parliament’s possibilities of engaging for
the resolution of this case;
Considers,
however, that the
sub judice
rule cannot be invoked as an obstacle to justice or
accountability and that parliament is responsible for helping to ensure that all state institutions
fully abide by the rule of law, including the judiciary;
urges,
therefore, parliament to take all
necessary measures to help ensure strict respect for due process guarantees in ongoing
proceedings against parliamentarians;
requests
parliament to keep the Committee informed of
action taken to this end;
Is extremely concerned
about the allegations that Ms. Mamombe and two of her young female
colleagues were arbitrarily detained and subjected to torture and cruel, inhuman and degrading
treatment, including sexual abuse;
considers
that such allegations have to be taken extremely
seriously given reports of the widespread use of abductions, torture and sexual abuse against
opposition members and their supporters, the prevalence of gender-based violence in Zimbabwe
and the gravity of the allegations in this case;
2.
3.
4.
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5.
Is shocked
to learn that, following the Committee’s decision to declare the case admissible on 29
May 2020, Ms. Mamombe was arrested and imprisoned on accusations that she had made false
statements regarding her abduction and torture;
is troubled
to learn from the complainant that,
since her release on bail, Ms. Mamombe’s rights have been severely restricted under the
conditions of her bail;
is also concerned
about allegations that she has been re-arrested several
times since her release on bail;
wishes
to receive detailed observations from the authorities on
each of these points;
Is particularly concerned
that, in the absence of information to that effect, the complaints to the
relevant national institutions have allegedly not set in motion diligent investigations to identify the
culprits of Ms. Mamombe’s abduction and torture;
Calls on
the Zimbabwean authorities to do everything possible to ensure that the rights of
Ms. Mamombe are protected and that a full, independent and effective investigation is carried out
into the very serious alleged human rights violations referred to in this case;
wishes
to be kept
informed as a matter of urgency of progress made in the investigations;
Requests
the Secretary General to convey this decision to the parliamentary authorities, other
relevant national authorities, the complainant and any third party likely to be in a position to
supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
6.
7.
8
9.
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Brazil
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Brazilian member of parliament David Miranda of the Socialism and Freedom
Party (PSOL) poses during an interview with AFP at his office of the National
Congress in Brasilia, on 5 November 2019. Sergio LIMA/AFP
BRA-15
David Miranda
Alleged human rights violations
A.
Threats, acts of intimidation
Violation of freedom of opinion and expression
Impunity
Other violations: Discrimination
Summary of the case
Case BRA-15
Brazil:
Parliament affiliated to the IPU
Victim:
Male opposition member of
parliament
Qualified complainant:
Section I.(1)(a) of
the
Committee Procedure
(Annex I)
Submission of complaint:
September
2020
Recent IPU decision(s):
- - -
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication from the authorities:
---
- Communication from the complainant:
September 2020
- Communication addressed to the
authorities: Letter addressed to the
President of the IPU Group (October
2020)
- Communication addressed to the
complainant: September 2020
Mr. David Michael dos Santos Miranda is a member of the
Chamber of Deputies representing the state of Rio de Janeiro,
sworn in on 1 February 2019 to replace Mr. Jean Wyllys, who
was forced to go into exile in January 2019. Mr. Miranda is a
member of the opposition left-wing Socialism and Liberty Party
(Partido
Socialismo e Liberdade
PSOL).
Mr. Miranda is a strong advocate for the human rights of
minorities. He is one of the first openly gay congressmen in
Brazil and a high-profile defender of equality and inclusion. He is
a well-known advocate for LGBTI
1
rights and has led efforts to
fight homophobic discrimination and violence in Brazil.
The complainant claims that Mr. Miranda has been repeatedly
harassed and denigrated by conservative political forces, and
that, since he replaced his exiled colleague, the threats against
Mr. Miranda and his family and the hostility towards the LGBTI
community, have gained in intensity and scale. According to the
complainant, the nature of the threats and the identity of the
perpetrators are largely identical to those in the case of
Mr. Wyllys.
1
LGBTI stands for lesbian, gay, bisexual, transgender and intersex.
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In January 2019, Mr. Wyllys decided to give up his parliamentary seat and to go into exile, following
repeated death threats and the alleged failure by the Brazilian authorities to offer adequate protection
and to take effective action to investigate the threats, with the aim of holding those responsible to
account. Another crucial event that allegedly led to Mr. Wyllys’ decision was the assassination in
March 2018 of Ms. Marielle Franco, a local female council member from the state of Rio de Janeiro.
Ms. Franco was a close friend of both Mr. Wyllys and Mr. Miranda, who also vocally and actively
advocated for greater respect for LGBTI rights.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the case of Mr. David Miranda is admissible, given that the
complaint: (i) was submitted in due form by a qualified complainant under Section I.1(a) of the
Procedure for the examination and treatment of complaints (Annex I of the Revised Rules and
Practices of the Committee on the Human Rights of Parliamentarians); (ii) concerns an
incumbent parliamentarian at the time of the initial allegations; and (iii) concerns allegations of
threats, acts of intimidation, violations of freedom of opinion and expression, impunity and
discrimination, allegations that fall within the Committee’s
mandate;
Is deeply concerned
at the alleged credible death threats and harassment targeting Mr. Miranda
due to his political opinions and his sexual orientation, and the allegation that his complaints
about these incidents have not been examined;
urges
the competent authorities to make every
effort, as is their duty, to identify the culprits and to bring them to justice, this being the only
means of preventing the recurrence of such crimes;
considers
that parliament has a vested
interest in using its powers to the fullest to help ensure that effective investigations into these
threats are being carried out and an adequate level of protection is offered to Mr. Miranda;
wishes,
therefore, to receive official information from the parliamentary authorities on any action
taken to this effect;
Requests
the Secretary General to convey this decision to the competent authorities, the
complainants and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
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Venezuela
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Venezuelan National Police members stand guard outside the National
Assembly on 7 January 2020 in Caracas - Cristian HERNANDEZ/AFP
VEN-10
Biagio Pilieri
VEN-11
José Sánchez Montiel
VEN-12
Hernán Claret Alemán
VEN-13
Richard Blanco
VEN-16
Julio Borges
VEN-19
Nora Bracho (Ms.)
VEN-20
Ismael Garcia
VEN-22
Williams Dávila
VEN-24
Nirma Guarulla (Ms.)
VEN-25
Julio Ygarza
VEN-26
Romel Guzamana
VEN-27
Rosmit Mantilla
VEN-28
Renzo Prieto
VEN-29
Gilberto Sojo
VEN-30
Gilber Caro
VEN-31
Luis Florido
VEN-32
Eudoro González
VEN-33
Jorge Millán
VEN-34
Armando Armas
VEN-35
Américo De Grazia
VEN-36
Luis Padilla
VEN-37
José Regnault
VEN-38
Dennis Fernández (Ms.)
VEN-39
Olivia Lozano (Ms.)
VEN-40
Delsa Solórzano (Ms.)
VEN-41
Robert Alcalá
VEN-42
Gaby Arellano (Ms.)
VEN-43
Carlos Bastardo
VEN-44 - Marialbert Barrios (Ms.)
VEN-45
Amelia Belisario (Ms.)
VEN-46
Marco Bozo
VEN-48
Yanet Fermin (Ms.)
VEN-49
Dinorah Figuera (Ms.)
VEN-50
Winston Flores
VEN-51
Omar González
VEN-52
Stalin González
VEN-85
Franco Casella
VEN-86
Edgar Zambrano
VEN-87
Juan Pablo García
VEN-88
Cesar Cadenas
VEN-89
Ramón Flores Carrillo
VEN-91
María Beatriz Martínez (Ms.)
VEN-92
María C. Mulino de Saavedra (Ms.)
VEN-93
José Trujillo
VEN-94
Marianela Fernández (Ms.)
VEN-95
Juan Pablo Guanipa
VEN-96
Luis Silva
VEN-97
Eliezer Sirit
VEN-98
Rosa Petit (Ms.)
VEN-99
Alfonso Marquina
VEN-100
Rachid Yasbek
VEN-101
Oneida Guaipe (Ms.)
VEN-102
Jony Rahal
VEN-103
Ylidio Abreu
VEN-104
Emilio Fajardo
VEN-106
Angel Alvarez
VEN-108
Gilmar Marquez
VEN-109
José Simón Calzadilla
VEN-110
José Gregorio Graterol
VEN-111
José Gregorio Hernández
VEN-112
Mauligmer Baloa (Ms.)
VEN-113
Arnoldo Benítez
VEN-114
Alexis Paparoni
VEN-115
Adriana Pichardo (Ms.)
VEN-116
Teodoro Campos
VEN-117
Milagros Sánchez Eulate (Ms.)
VEN-118
Denncis Pazos
VEN-119
Karim Vera (Ms.)
VEN-120
Ramón López
VEN-121
Freddy Superlano
VEN-122
Sandra Flores-Garzón (Ms.)
VEN-123
Armando López
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Agenda, reports and other texts of the Governing Council
VEN-53
Juan Guaidó
VEN-54
Tomás Guanipa
VEN-55
José Guerra
VEN-56
Freddy Guevara
VEN-57
Rafael Guzmán
VEN-58
María G. Hernández (Ms.)
VEN-59
Piero Maroun
VEN-60
Juan A. Mejía
VEN-61
Julio Montoya
VEN-62
José M. Olivares
VEN-63
Carlos Paparoni
VEN-64
Miguel Pizarro
VEN-65
Henry Ramos Allup
VEN-66
Juan Requesens
VEN-67
Luis E. Rondón
VEN-68
Bolivia Suárez (Ms.)
VEN-69
Carlos Valero
VEN-70
Milagro Valero (Ms.)
VEN-71
German Ferrer
VEN-72
Adriana d'Elia (Ms.)
VEN-73
Luis Lippa
VEN-74
Carlos Berrizbeitia
VEN-75
Manuela Bolívar (Ms.)
VEN-76
Sergio Vergara
VEN-78
Oscar Ronderos
VEN-79
Mariela Magallanes (Ms.)
VEN-80
Héctor Cordero
VEN-81
José Mendoza
VEN-82
Angel Caridad
VEN-83
Larissa González (Ms.)
VEN-84
Fernando Orozco
Alleged human rights violations
A.
VEN-124
Elimar Díaz (Ms.)
VEN-125
Yajaira Forero (Ms.)
VEN-126
Maribel Guedez (Ms.)
VEN-127
Karin Salanova (Ms.)
VEN-128
Antonio Geara
VEN-129
Joaquín Aguilar
VEN-130
Juan Carlos Velasco
VEN-131
Carmen María Sivoli (Ms.)
VEN-132
Milagros Paz (Ms.)
VEN-133
Jesus Yanez
VEN-134
Desiree Barboza (Ms.)
VEN-135
Sonia A. Medina G. (Ms.)
VEN-136
Héctor Vargas
VEN-137
Carlos A. Lozano Parra
VEN-138
Luis Stefanelli
VEN-139
William Barrientos
VEN-140
Antonio Aranguren
VEN-141
Ana Salas (Ms.)
VEN-142
Ismael León
VEN-143
Julio César Reyes
VEN-144
Ángel Torres
VEN-145
Tamara Adrián (Ms.)
VEN-146
Deyalitza Aray (Ms.)
VEN-147
Yolanda Tortolero (Ms.)
VEN-148
Carlos Prosperi
VEN-149
Addy Valero (Ms.)
VEN-150
Zandra Castillo (Ms)
VEN-151
Marco Aurelio Quiñones
VEN-152
Carlos Andrés González
VEN-153
Carlos Michelangeli
VEN-154
César Alonso
Case VEN-COLL-06
Venezuela:
Parliament affiliated to the
IPU
Victims:
134 opposition members of
parliament (93 men and 41 women)
Qualified complainant:
Section I.(1)(c) of
the
Committee Procedure
(Annex I)
Submission of initial complaint:
March
2017
Recent IPU decision(s):
May 2020
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
Hearings
with members of the governing and
opposition parties at the 141
st
IPU
Assembly (October 2019)
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (February 2019)
- Communication from the complainant:
September 2020
- Communications addressed to the
authorities: Letters to the President of
Venezuela (February and August
2020)
- Communication addressed to the
complainant: September 2020
Torture, ill-treatment and other acts of violence
Threats, acts of intimidation
Arbitrary arrest and detention
Lack of due process at the investigation stage
Excessive delays
Violation of the right to freedom of opinion and expression
Violation of freedom of assembly and association
Violation of freedom of movement
Abusive revocation or suspension of the parliamentary
mandate
Failure to respect parliamentary immunity
Other acts obstructing the exercise of the parliamentary
mandate
Impunity
Other violations: Right to privacy
Summary of the case
The case concerns credible and serious allegations of human
rights violations affecting 134 parliamentarians from the
coalition of the
Mesa de la Unidad Democrática
(Democratic
Unity Roundtable
MUD), against the backdrop of continuous
efforts by Venezuela’s
executive and judicial authorities to
undermine the functioning of the National Assembly and to
usurp its powers. The MUD is opposed to President Maduro’s
government and obtained a majority of seats in the National
Assembly in the parliamentary elections of 6 December 2015.
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On 30 December 2015, the Supreme Court ordered the suspension of four members of parliament,
three of them from the MUD, following allegations of fraud. The National Assembly decided to
disregard the ruling, considering the allegations to be baseless, which led the Supreme Court to
declare all of the Assembly’s decisions null and void.
Almost all parliamentarians listed in the present case have been attacked or otherwise intimidated with
impunity by law enforcement officers and/or pro-government officials and supporters during
demonstrations, inside parliament and/or at their homes. Protests intensified in Venezuela after
President Maduro announced the convening of a national constituent assembly
which was
subsequently established on 30 July 2017
to rewrite the Constitution, but which instead has since
appropriated and exercised many of the constitutional functions assigned to the National Assembly,
which has not received any government funding since August 2016.
At least 11 National Assembly members were arrested and released later, reportedly due to politically
motivated legal proceedings. In all these cases, the members were detained without due respect for
the constitutional provisions on parliamentary immunity. There are also serious concerns regarding
respect for due process and their treatment in detention. People associated with opposition
parliamentarians have also been detained and harassed.
At least 17 parliamentarians have gone into exile, sought the protection of foreign embassies in
Caracas or gone into hiding due to continued harassment. Six have been barred from holding public
office and the passports of at least 13 members of parliament have been confiscated, not been
renewed, or cancelled by the authorities, reportedly as a means of pressure and to prevent them from
travelling abroad to denounce what is happening in Venezuela.
On 31 August 2020, President Maduro pardoned 110 members of the political opposition, who had
been accused of committing criminal acts. The decision implied the closure of ongoing criminal
proceedings against 23 parliamentarians listed in the present case and the release of four of them.
Nevertheless, according to the complainant, the political persecution of opposition members of
parliament continues. In his programme
Con el Mazo Dando,
Mr. Diosdado Cabello, President of the
National Constituent Assembly, referring to the presidential pardon decree, warned that “if these
people start tomorrow to invent again there will always be the judiciary to act". The Attorney General
has also publicly threatened to bring the beneficiaries of the presidential pardon to justice again if they
"re-offend" in an alleged crime similar to the one that led to their prosecution.
In its resolution 42/25 of 27 September 2019, the United Nations Human Rights Council established
an independent fact-finding mission on Venezuela, the final report of which was published in
September 2020. Among other findings, the report states that there were reasonable grounds to
believe that the following crimes against humanity were committed in Venezuela: murder,
imprisonment and other severe deprivations of physical liberty, torture, rape and other forms of sexual
violence, enforced disappearance of persons, and other inhumane acts of a similar nature intentionally
causing great suffering or serious injury to body or to mental or physical health. Some of the same
conduct may also constitute the crime against humanity of persecution, as defined by the Rome
Statute. The mission also had reasonable grounds to believe that the President, the Minister of
People’s Power for Interior Relations, Justice and Peace and the Minister for Defence ordered or
contributed to the commission of the crimes documented in the report and, having the effective ability
to do so, failed to take preventive and repressive measures. According to the mission report,
opposition parliamentarians became a focus of repression after the opposition won a majority of seats
in the National Assembly.
Parliamentary elections are scheduled to take place on 6 December 2020. According to the
complainant, in the lead-up to the elections, the Supreme Court has adopted a number of decisions
that remove minimum guarantees for a free and fair parliamentary election, including by appointing
new leaders subordinate to Mr. Maduro on the main opposition political parties, appointing the board
of directors of the National Electoral Council which, according to the Constitution, is the exclusive
responsibility of the National Assembly, and granting powers to the National Electoral Council to
legislate on electoral matters, which also violates the Venezuelan Constitution. For its part, the
National Electoral Council has increased the number of members of parliament to be elected,
disregarding the constitutional provisions on the matter, and imposed extremely complex processes
for validation of political parties, after which very few parties have been able to register for the
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Agenda, reports and other texts of the Governing Council
elections. It should also be noted that the complainant has repeatedly pointed out that the composition
of the current National Electoral Council and the Supreme Court, which both have important powers
regarding electoral matters, is severely flawed and totally subject to executive control.
Long-standing efforts since 2013 to send a delegation of the Committee on the Human Rights of
Parliamentarians to Venezuela have failed in the absence of clear and decisive cooperation from the
Government to welcome and work with the delegation. In October 2018, the IPU governing bodies
decided that the mission would be of a joint nature, comprising members of the IPU Executive
Committee and the Committee on the Human Rights of Parliamentarians, and focusing on both the
larger political matters at stake in the Venezuelan crisis and the specific concerns expressed by the
Committee on the Human Rights of Parliamentarians.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Denounces
the extensive repression to which the authorities and their supporters have resorted
over the last five years against parliamentarians because of their political opinions, as attested
by the continuous extremely serious incidents of ill-treatment, harassment, threats and
stigmatization carried out by state agents, paramilitary groups and violent groups of government
supporters in a climate of impunity;
also denounces
the multiple steps taken by the executive
and judicial authorities over the course of the current legislature to undermine the integrity and
independence of the National Assembly;
considers
that this situation taken as a whole amounts
to a clear attempt to thwart the effective exercise of the will of the people as expressed in the
election results of December 2015;
recalls
that members of parliament must be free to seek,
receive and impart information and ideas without fear of reprisal, and that parliament can fulfil its
democratic role only if its members enjoy the right to freedom of expression and are able to
speak on behalf of the people they represent;
Urges once again,
the authorities to put an immediate end to all forms of harassment against
members of the National Assembly, to ensure that all relevant state authorities respect their
human rights and parliamentary immunity, to fully investigate and establish accountability for
reported violations of their rights, and to allow the National Assembly and all its members to
carry out their constitutional functions in full;
Takes note with deep concern
of the
findings and recommendations contained in
the recently
published mission report of the United Nations Human Rights Council independent international
fact-finding mission on Venezuela, which gives further weight to the accusations of political
repression and the responsibility of the State at the highest level;
expresses its firm hope,
in this
regard, that the State of Venezuela, with the support of the international community, will be able
to address the extremely serious violations and crimes documented in the report;
Deeply regrets
that the Government of Venezuela has still failed to offer any assurances in
writing that the long-proposed IPU mission to Venezuela can finally take place;
remains
convinced
that such a mission could help address the concerns at hand;
requests, once again,
therefore, the Secretary General to work with the parliamentary and executive authorities of
Venezuela with a view to the mission taking place as soon as the COVID-19 pandemic-related
travel restrictions are lifted, on the basis of a written official communication on their part
guaranteeing that such a mission can take place under the conditions required for it to be
effective;
Reaffirms, once again,
its view that the issues in the cases at hand are part of the larger political
crisis in Venezuela, which can only be solved through political dialogue and by the Venezuelans
themselves;
reaffirms
the IPU’s readiness to assist in any efforts aimed at strengthening
democracy in Venezuela; and
requests
the relevant authorities to provide further official
information on how this assistance can best be provided;
Solemnly affirms,
in keeping with the letter and spirit of the IPU
Universal Declaration on
Democracy,
that the key element in the exercise of democracy is the holding of free and fair
elections enabling the people's will to be expressed, on the basis of universal, equal and secret
suffrage so that all voters can choose their representatives in conditions of equality, openness
2.
3.
4.
5.
6.
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Agenda, reports and other texts of the Governing Council
and transparency;
expresses its deep concern,
therefore, that the restrictions in place and the
institutional framework governing the legislative elections scheduled for December 2020 appear
to seriously undermine the level playing field required for opposition members and their
supporters to exercise their basic human right to take part in the conduct of public affairs on a
par with the ruling party and its supporters;
urges,
in this regard, the relevant authorities to take
all necessary measures to address these matters without delay;
7.
Urges
all sides to refrain from violence and also the relevant authorities to take all necessary
measures to protect human life, to respect people’s rights to peaceful assembly, to freedom of
expression, to take part in the conduct of public affairs, to vote and be elected, and to have
equal access to elective office in view of the parliamentary elections to take place in December
2020 in Venezuela;
urges,
in this regard, the relevant authorities to refrain from acts that could
in any way undermine the rights of all current members of the National Assembly;
Calls on
all IPU Member Parliaments, IPU permanent observers, parliamentary assemblies and
relevant human rights organizations to take concrete actions in support of the urgent resolution
of the individual cases at hand and the political crisis in Venezuela in a manner consistent with
democratic and human rights values; and
hopes
to be able to rely on the assistance of all
relevant regional and international organizations;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
8.
9.
10.
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Agenda, reports and other texts of the Governing Council
Mongolia
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
© Zorig Foundation
MNG-01
Zorig Sanjasuuren
Alleged human rights violations
Case MNG-01
A.
Murder
Impunity
Summary of the case
Mongolia:
Parliament affiliated to the IPU
Victim:
Member of the majority
Mr.
Zorig Sanjasuuren (“Mr. Zorig”) was assassinated on
2 October 1998. Regarded by many as the father of the
democratic movement in Mongolia in the 1990s, Mr. Zorig was a
member of parliament and acting Minister of Infrastructure at the
time and was being considered as a candidate for the position of
Prime Minister on the day he was killed.
Between 2015 and 2017, three suspects were identified,
arrested, expeditiously tried and sentenced based on classified
evidence, during trials held behind closed doors. Several reports
indicated that the suspects were allegedly tortured to make false
confessions and framed by the intelligence services. The murder
of Mr. Zorig is widely believed to have been a political
assassination that was covered up. The investigation into the
mastermind(s) of his murder is still open and has not yielded any
results yet.
Despite the governmental declassification order of the files
relating to the Zorig case in December 2017, the lack of
transparency is still prevalent, as the court verdicts have
remained inaccessible.
Qualified complainant:
Section I.1.(a) of
the
Committee Procedure
(Annex I)
Submission of complaints:
October
2000, March 2001, September 2015
Recent IPU decision(s):
October 2019
Recent IPU Mission(s):
August 2001,
September 2015
,
September 2017, June
2019
Recent Committee hearing(s):
Hearing
with the Mongolian delegation to the
141st IPU Assembly (October 2019)
Recent follow up:
- Communications from the authorities:
Letter from the Vice-Chairman of the
State Great Hural (September 2020);
letter from the Chairman of the
Ad Hoc
Committee (October 2019)
- Communications from the complainant:
August 2020
- Communications addressed to the
authorities: Letter addressed to the
Vice-Chairman of the State Great
Hural (September 2020)
- Communication addressed to the
complainant: September 2020
Since the submission of the complaint 20 years ago, the
Committee has undertaken three fact-finding missions to Mongolia
at crucial phases in the case. In June 2019, the Committee
returned to Mongolia following the invitation of the parliamentary
authorities and was updated on the important developments in the case, in particular the release of a
video in March 2019 showing the torture and ill-treatment of two of the convicts, Ms. Chimgee and
Mr. Sodnomdarjaa, as well as the establishment of a parliamentary
ad hoc
committee on the case of
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Mr. Zorig. The two convicts in question were transferred to the prison hospital as a result of the video
and a criminal case was opened against intelligence and law enforcement officials allegedly responsible
for torturing them. Nevertheless, they are still being held in detention.
As part of its findings, the delegation welcomed the establishment of an
ad hoc
committee on the Zorig
case (the
Ad Hoc
Committee), in line with the IPU Committee’s recommendations. It also welcomed
the opportunity to meet with the three convicts, as well as to watch the video tape showing alleged
acts of torture and ill-treatment. However, the delegation failed to understand the reasons preventing
the immediate release of Ms. Chimgee and Mr. Sodnomdarjaa given the recent turn of events.
On 22 July 2020, the Ulaanbaatar Court of First Instance concluded that Ms. Chimgee and
Mr. Sodnomdarjaa had been tortured during the investigation into the murder of Mr. Zorig and
convicted the former Chief of the General Intelligence Agency, Mr. Bat Khurts, as well as other
intelligence officers to prison terms ranging from one to three years’ imprisonment. The release of
Ms. Chimgee and Mr. Sodnomdarjaa was contingent upon the confirmation of their torture and the
conviction of those responsible. However, the complainants explained that the defendants appealed
the court’s decision. The appeal proceedings could last until the end of 2020. Only then could
Ms. Chimgee and Mr. Sodnomdarjaa be released if the court of appeal decides to uphold the decision
of the first-instance court and orders a retrial. In their letter of 18 September 2020, the parliamentary
authorities confirmed that Ms. Chimgee and Mr. Sodnomdarjaa had not been released as court
proceedings were still ongoing.
Following the parliamentary elections that took place in Mongolia in June 2020, the
Ad Hoc
Committee
on the Zorig case was dissolved.
In its letter of 18 September 2020, the State Great Hural stated that, upon receiving the recent
Committee’s mission report in October 2019,
it translated it into Mongolian and delivered it to the
relevant authorities. The State Great Hural added that the relevant authorities had yet to inform it of
any actions they had taken.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Thanks
the Mongolian parliamentary authorities for the information provided in their letter of
18 September 2020;
regrets,
nevertheless,
the lack of response regarding the Committee’s
mission report of June 2019;
further reiterates its wish
to be kept regularly apprised of all
developments related to the case;
Urges once more
the authorities to take appropriate measures to implement the findings and
recommendations of the mission report, including the immediate release of Ms. Chimgee and
Mr. Sodnomdarjaa;
further urges
the authorities to seriously consider abandoning the legal
proceedings against them, while ensuring that the persons responsible for their wrongful
conviction are held to account;
renews its call
for the authorities to provide copies of all the court
verdicts in this case;
Firmly reiterates
that any further delays in establishing the identity of those responsible for
murdering Mr. Zorig, including the mastermind(s), are unacceptable;
urges
the authorities to
make more robust efforts to an effective investigation into establishing the identity of those
accountable for this crime and to make information regularly available to the public at large on
progress;
considers
in this regard that only full transparency can turn the tide of mistrust and
secrecy that has come to define this murder case;
Stresses
that parliamentary oversight remains crucial towards helping ensure that justice finally
prevails in this case;
calls on
the State Great Hural to
set up again the
Ad Hoc
Committee
on
the Zorig case to continue monitoring the ongoing investigation into the mastermind(s) and the
judicial proceedings relating to the torture of the two convicts;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
2.
3.
4.
5.
6.
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Agenda, reports and other texts of the Governing Council
Philippines
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
Philippine Senator Leila de Lima is escorted by police after her arrest
at the Senate in Manila on 24 February 2017
©
Ted Aljibe/AFP
PHL-08
Leila de Lima
Alleged human rights violations
A.
Threats, acts of intimidation
Arbitrary arrest and detention
Lack of due process in proceedings against
parliamentarians
Violation of freedom of opinion and expression
Summary of the case
Case PHL-08
Philippines:
Parliament affiliated to the
IPU
Victim:
Female opposition member of
parliament
Qualified complainant(s):
Section I.(1)(d)
of the
Committee Procedure
(Annex I)
Submission of complaint:
September
2016
Recent IPU decision(s):
April 2019
Recent IPU mission(s):
May 2017
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communication from the authorities:
Letter from the Director General and
Secretary of the IPU Group of the
Philippines (April 2019)
- Communication from the complainant:
October 2020
- Communication addressed to the
authorities: Letter addressed to the
President of the Senate (September
2020)
- Communication addressed to the
complainant: October 2020
Ms. Leila de Lima served as Chairperson of the Philippines
Commission on Human Rights from May 2008 to June 2010.
In that capacity, she led a series of investigations into alleged
extrajudicial killings linked to the so-called Davao Death Squad
in Davao City, where Mr. Duterte had been long-time mayor,
and concluded that Mr. Duterte, now President of the
Philippines, was behind the Davao Death Squad.
In 2010, Ms. de Lima was appointed Secretary of Justice. She
resigned from this position in October 2015 to focus on her
campaign for a senate seat in the May 2016 elections, a bid
that was successful. In August 2016, as Chair of the Senate
Committee on Justice and Human Rights, she launched an
inquiry into the killings of thousands of alleged drug users and
drug dealers, which are alleged to have taken place since
President Duterte took office in June 2016. Since becoming
senator, she has been the target of acts of intimidation and
denigration, including by President Duterte himself.
Senator de Lima was arrested and detained on 24 February
2017 over accusations of receiving drug money to finance her
senatorial campaign for a senate seat. The charges, in three
different cases, were brought in the wake of an inquiry by the House of Representatives into drug
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trading in New Bilibid Prison, and Senator de Lima’s responsibility for such while she was Secretary of
Justice. The House-led inquiry was launched one week after she initiated her inquiry in the Senate into
the extrajudicial killings.
On 27 July and 10 August 2018, Senator de Lima was indicted in two of the three cases that are
currently before Branches 205 and 256 of the Regional Trial Court
Muntinlupa City. While the third
case has gone on intermittently due to vacancies in court, with the trial having resumed only on
9 October 2020, hearings to present prosecution witnesses in the two other cases before Regional
Trial Court Branch 205, mostly involving convicted drug traffickers, were scheduled well into 2020, with
twice-monthly hearings scheduled in each case on average. It was later discovered that the convicted
drug traffickers received special treatment in prison and were coerced into testifying against
Senator de Lima after being viciously stabbed in prison in 2016. In June and August 2020, Senator de
Lima filed two motions for release on bail on the grounds that there was insufficient evidence against
her in the two cases before the court. The prosecution is likely to wrap up its work in both ongoing
cases by November 2020, with remaining hearings being accessible for remote online monitoring.
Thereafter, the court is likely to rule on the two pending motions for bail soon.
A May 2017 mission to the Philippines by the IPU Committee on the Human Rights of
Parliamentarians concluded that there was no evidence to justify the criminal cases against
Senator de Lima. Since then, the IPU has called for the release of Senator de Lima and for the case
against her to be dropped unless cogent evidence becomes available soon. On 30 November 2018,
the United Nations Working Group on Arbitrary Detention concluded that Senator de Lima’s detention
was arbitrary and that her immediate release was in order.
Although Senator de Lima has remained very politically active over the years while in detention and
receives newspapers, journals and books, she has no access to the Internet, a computer, TV, radio, or
to an air-conditioning
unit despite a doctor’s recommendation. Senator de Lima was allegedly kept in
incommunicado detention from 25 April to 10 June 2020, purportedly for the purposes of stopping the
spread of Covid-19.
Although the situation regarding Senator de Lima’s visiting rights has since
improved, a number of restrictions thereto remain in place.
On 27 April 2020, the Senate adopted a motion to allow teleconferencing in plenary and committee
hearings. That same day, the Senate President, however, reportedly publicly stated that Senator de
Lima would not be allowed to take part in such virtual proceedings given that the Senate has no
jurisdiction over her. According to the complainant, this is a further attempt to prevent her from fully
performing her role as Senator, despite the clear Supreme Court jurisprudence on this point.
On 7 November 2016, Senator de Lima had filed a petition for writ of
habeas data
against President
Duterte before the Supreme Court, requesting that the Court,
inter alia,
order President Duterte and
any of his representatives to cease: seeking details about her private life outside the realm of
legitimate public concern or making statements maligning her as a woman and injuring her dignity as a
human being; discriminating against her on the basis of gender; describing or publicizing her alleged
sexual conduct; engaging in psychological violence against her; and otherwise violating her rights or
engaging in acts that are contrary to law, good morals, good customs, public policy and/or public
interest. On 18 October 2019, the Supreme Court had dismissed the petition for writ of
habeas data
on
the grounds that the President is immune from suit during his incumbency and tenure.
A.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Remains deeply concerned
that Senator de Lima has been in detention for three and a half
years without any serious evidence presented against her to justify the charges;
recalls
in this
regard the principle that justice delayed is justice denied;
Recalls also
that there are multiple, strong signs that the steps taken against Senator de Lima
come in response to her vocal opposition to the way in which President Duterte was waging a
war on drugs, including her denunciation of his alleged responsibility for extrajudicial killings;
points out
in this regard the repeated violation of the principle of the presumption of innocence,
the dubious choice of jurisdiction to present the accusations against her, the timing of the
2.
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criminal proceedings, the amendment of the charges and the reliance on testimonies of
convicted drug traffickers, who were either promised favourable treatment in return, subjected to
physical intimidation in prison, or have an axe to grind against Senator de Lima as a result of
her efforts to dismantle their drug trafficking operations when she was Secretary of Justice;
3.
Renews it call,
in light of the foregoing, for Senator de Lima to be released immediately and for
the legal proceedings against her to be dropped;
calls on
the authorities to take the necessary
action forthwith;
Requests
that, should charges not be dropped, an IPU trial observer continue to monitor and
report on respect for fair-trial standards in the cases before Branches 205 and 256 of the
Regional Trial Court in Muntinlupa City, including in order to assess if and how existing
concerns about the legality and fairness of the proceedings are properly reviewed;
Regrets
that it was not possible for the Supreme Court to rule on the public campaign of
vilification of Senator de Lima by the highest state authorities, thereby missing an important
opportunity to condemn and end the public degrading treatment to which she has been
subjected as a woman parliamentarian;
Is concerned
that Senator de Lima has not been able to benefit
from the Senate’s move
towards teleconferencing;
considers
that the parliamentary authorities can do much more to
help ensure that she can fully participate in the work of the Senate and effectively represent the
interests of the 14 million Filipinos who elected her, also bearing in mind past initiatives by the
Senate in other similar cases, well before teleconferencing was allowed;
wishes
to be kept
informed on this point;
Is concerned
about limitations imposed on Senator de Lima’s visiting rights
and continued lack
of access to the Internet, TV, radio, tablet or laptop;
regrets
furthermore that the authorities have
also yet to provide her with an air-conditioning unit, as ordered by her doctor;
sincerely hopes
that the relevant authorities will take the necessary steps to address these matters for as long
as she remains in detention; and
wishes
to be kept informed in this regard;
Requests
the Secretary General to convey this decision to the relevant authorities, including the
Secretary of Justice,
the Prosecutor’s Office and the relevant courts, the complainant and any
third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report back to it in due course.
4.
5.
6.
7.
8.
9.
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Agenda, reports and other texts of the Governing Council
Belarus
Decision adopted unanimously by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
BLR-05
Victor Gonchar
Alleged human rights violations
A.
Enforced disappearance
Impunity
Summary of the case
Case BLR-05
Belarus:
Parliament affiliated to the IPU
Victim:
Male opposition member of parliament
Qualified complainant(s):
Section I.(1)(a) of
the
Committee Procedure
(Annex I)
Submission of complaint:
August 1998
Recent IPU decision(s):
February 2019
Recent IPU mission(s):
November 1999
Recent Committee hearing(s):
- - -
Recent follow-up:
- Communications from the authorities:
Letters from the Chairman of the Committee
on National Security of the House of
Representatives dated July 2012 and
January 2013
- Interview with sources: July 2020
- Communication from the complainant:
August
2020
- Communication addressed to the
authorities: Letter addressed to the
Chairman of the House of Representatives
(October 2020)
- Communication addressed to the
complainant: August 2020
Mr. Victor Gonchar disappeared in September 1999, along
with Mr. Anatoly Krasovsky. Mr. Gonchar had been the
Deputy Speaker of the 13th Supreme Soviet and a major
political opponent of the President of Belarus, Mr. Aleksandr
Lukashenko. He was the third prominent opposition figure in
Belarus to have “disappeared” since April 1999.
Mr. Gonchar was expected to play a leading role in the talks
organized by the Organization for Security and Co-operation
in Europe between the opposition and President
Lukashenko. At the time of his disappearance, he was due to
chair an extended parliamentary session which could have
set in motion the process to impeach the President.
Allegations have been made attributing his "disappearance"
to State-run death squads known as SOBR (special rapid
response unit) on the personal order of the former Minister of
the Interior and of the Secretary General of the Belarusian
Security Council. Official investigations have proved unavailing. Key officials suspected of involvement
were never questioned and were subsequently promoted.
A report on disappearances in Belarus issued in February 2004 by the Parliamentary Assembly of the
Council of Europe concluded that no proper investigation had been conducted, and that senior state
officials may be implicated in the disappearances of several opposition figures, including Mr. Gonchar.
The report mentioned numerous pieces of evidence pointing towards the involvement of the State in
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the disappearance, including evidence that a gun used for carrying out the death penalty against
Mr. Gonchar was signed out by order of the Minister of the Interior on the date of Mr.
Gonchar’s
disappearance. The authorities objected to the report's conclusions.
In March 2012, the United Nations Human Rights Committee also concluded, in the case of the
enforced disappearance of Mr. Krasovsky, that Belarus had violated its obligations to investigate
properly and take appropriate remedial action. It requested Belarus to provide the victims with an
effective remedy, including a thorough and diligent investigation into the disappearance and
prosecution and punishment of the perpetrators. No implementation measures have been taken by the
authorities.
No information from the Parliament of Belarus or from the judicial authorities has been forthcoming
since January 2012. Meetings with the leader of the Belarus delegation to the 132
nd
IPU Assembly
(Hanoi, March–April 2015) and between the IPU President and the Speaker of the House of
Representatives (September 2015) have been inconclusive, as the authorities have continued to affirm
that the investigation was ongoing and confidential and that they did not need assistance. They have
failed to provide any other information or
to respond to the Committee’s long-standing
request to
conduct a visit to Belarus.
The families and their lawyers have never been granted access to the investigation files, despite
numerous petitions. Their requests
and those of the opposition United Civil Party
for the
investigation into state officials and other leaders have remained unanswered. They had,
inter alia,
asked for the Prosecutor General to take into account, and investigate, documentaries and video
testimonies aired on TV pointing to the involvement of the same top officials, in particular the
documentary "Krestny Batka" (The Nation's Godfather), aired by the Russian channel NTV in the summer
of 2010, and the important video testimony (allegedly dating from 2003 and aired in September 2018) of
Mr. Viktor Zabolotsky, a Belarusian citizen who claimed to have been near the crime scene at the time
of Mr. Gonchar’s disappearance. The complainant indicated that the families had been informed on
6 December 2018 by the investigative authorities that the investigation had been suspended, as they
had failed to identify the perpetrator, but that they would reopen it, should they identify a suspect.
However, a prominent journalism investigation story based on the accounts of Mr. Yuri Garavsky, a
new witness and self-confessed accomplice to the alleged murder of Mr. Gonchar, caused a sensation
in the country when it came out in December 2019. According to an official letter provided by the
complainant, the investigation into the disappearance of Mr. Gonchar was reopened on 24 December
2019, but was suspended once again in February 2020.
The United Nations Human Rights Council has repeatedly expressed deep concern at the continuing
violations of human rights in Belarus, which it found were of a systemic and systematic nature, as well
as at the use of torture and ill-treatment in custody, the lack of response by the Government of Belarus
to cases of enforced disappearances of political opponents, and the lack of participation of opposition
political parties in parliament. Most recently, the Council held an urgent debate on the situation in
Belarus following the presidential elections of August 2020, and adopted a resolution condemning the
reported use of violence and torture against thousands of protestors who had mobilized after the
elections over allegations of massive voter fraud.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Expresses grave concern
over the complete and persistent impunity in this case, over 20 years
after the disappearance of Mr. Victor Gonchar;
Deeply regrets
the lack of cooperation from the Belarusian authorities and that the Belarusian
Parliament chose not to meet virtually with the Committee on the Human Rights of
Parliamentarians at its most recent session;
recalls
in this regard that the Committee’s
procedure is based on ongoing and constructive dialogue with the authorities, first and foremost
the parliament of the country concerned;
2.
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3.
Notes with concern
that, during a hearing with the Committee at its most recent session,
Mr. Yuri Garavsky provided detailed information on the circumstances surrounding the
abduction and assassination of Mr. Gonchar and Mr. Anatoly Krasovsky, including the
coordinates of the location where the bodies had allegedly been buried within the former base
compound of Begoml, by direct order of the Belarusian authorities;
questions
why, despite
abundant new evidence, the investigation had been allegedly suspended again in February
2020;
wishes
to receive official information on the current status of the investigation; and
requests
the parliamentary authorities to keep the IPU informed of any relevant developments in this
regard;
Points out
that the authorities have put forward no information to sustain their assertion that a
genuine investigation into the disappearance was conducted over the past 20 years;
considers
that this gives serious weight to the mounting information and indications that have emerged
over the years pointing to the direct responsibility of the Belarusian authorities for the
disappearance of Mr. Gonchar;
Recalls
that impunity, by shielding those responsible from judicial action and accountability,
decisively encourages the perpetration of further serious human rights violations, and that
attacks against the life of members of parliament, when left unpunished, not only violate the
fundamental rights of individual parliamentarians and of those who elected them, but also affect
the integrity of parliament and its ability to fulfil its role as an institution
even more so when
leading figures of parliament and the opposition are targeted in the context of a broader pattern
of repression, as in the present case;
points out
that the widespread or systematic practice of
enforced disappearance constitutes a crime against humanity;
stresses
the legitimate right of
the relatives of the victims to know about the fate of the disappeared persons, the
circumstances of their enforced disappearance and to receive adequate compensation;
Reaffirms its view
that the Parliament of Belarus continues to have a direct responsibility for
ensuring that every effort is made by all relevant authorities to investigate thoroughly and
diligently the many leads and concerns that have emerged, to identify and punish those
responsible for the enforced disappearance of one of its members and to do everything possible
to ensure that such violations do not recur in the future;
urges
parliament to take decisive and
effective measures to this end; and
wishes
to be informed of progress made in this regard;
Deeply regrets
that the long-requested mission by the Committee to Belarus to obtain first-hand
information on the investigation and any prospects for progress in this case has still not received
official endorsement from the national authorities;
expresses the firm hope
that parliament and
other relevant authorities will respond favourably to this request so that a Committee delegation
can travel to Belarus as soon as the COVID-19 pandemic-related travel restrictions are lifted;
Calls
on all IPU Member Parliaments, IPU permanent observers, parliamentary assemblies and
human rights organizations active in the region to take concrete actions in support of the urgent
resolution of this case in a manner consistent with respect for democratic values and human
rights; and
hopes
to be able to rely on the assistance of all relevant regional and international
organizations;
Requests
the Secretary General to convey this decision to the relevant authorities and to any
third party likely to be in a position to supply relevant information, as well as to continue seeking
the authorities’ agreement to a visit;
Requests
the Committee to continue examining this case and to report back to it in due course.
4.
5.
6.
7.
8.
9.
10.
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Agenda, reports and other texts of the Governing Council
Egypt
Decision adopted by consensus by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
1
Mostafa al-Nagar © Photo courtesy of Belady U.S., An Island for Humanity
EGY-07
Mostafa al-Nagar
Alleged human rights violations
A.
Enforced disappearance
Threats, acts of intimidation
Violation of freedom of opinion and expression
Failure to respect parliamentary immunity
Impunity
Summary of the case
Case EGY-07
Egypt:
Parliament affiliated to the IPU
Victim:
male, independent member of the
House of Representatives
Qualified complainant(s):
Section I.1.(a)
and (d) of the
Committee Procedure
(Annex I)
Submission of complaint:
February
2020
Recent IPU decision(s):
May 2020
Recent IPU Mission(s):
- - -
Recent Committee hearing(s):
- - -
Mr. Mostafa al-Nagar allegedly disappeared in the southern
governorate of Aswan on 27 September 2018. His family and
lawyers have been unable to contact him or obtain information on
his whereabouts. They fear that he might have been arbitrarily
arrested and held incommunicado.
The complainants allege that Mr. al-Nagar was a symbol of the 2011
revolution and a vocal critic of the Egyptian Government during his
parliamentary term, which lasted from 23 January to 14 July 2012,
when the Egyptian Parliament was dissolved. In December 2017, he
was fined and sentenced to three years in prison for "insulting the
judiciary" in a speech he reportedly delivered during a parliamentary
sitting in 2012. In its ruling of 30 December 2017, the Cairo Criminal
Court found that Mr. al-Nagar’s
statements
at a parliamentary
sitting in 2012 had been intended to defame and harm the judiciary
and judges, and disregarded his parliamentary immunity.
1
Recent follow-up:
- Communication from the authorities:
---
- Communication from the complainant:
October 2020
- Communication addressed to the
authorities: Letter addressed to the
Speaker of the House of
Representatives (September 2020)
- Communication addressed to the
complainants: October 2020
The Egyptian delegation expressed its reservations regarding the decision.
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Mr. al-Nagar has not served his time in prison as he has remained in hiding, although it was clear to his
family members where he was. He disappeared a few days before his appeal trial, which took place on
15 October 2018.
The complainants reported that, on 10 October 2018, Mr. al-Nagar’s
family received an anonymous
telephone call informing it that he was in police custody at Aswan's Central Security Forces Al-Shallal
camp. Despite Mr. al-Nagar's
lawyer’s request to the Egyptian authorities for an official response
concerning his client’s alleged detention in the Al-Shallal
camp, no information was provided in this regard.
Egypt’s State Information Service denied playing a role in Mr.
al-Nagar's disappearance and said, in an
official statement issued on 18 October 2018, that he had wilfully disappeared to avoid serving his prison
sentence, accusing him of being a fugitive.
The Egyptian Court of Cassation adopted a decision on 15 October 2018, in which the Court allegedly
declared Mr. al-Nagar’s
appeal inadmissible and upheld the sentence against him
in abstentia
because he
had not been present at the proceedings and had not complied with a 2017 imprisonment order. In its
decision, the Court of Cassation also found that it was not competent to examine the appeal, since the
appealed decision was not final, as it had not been handed down by a “last degree”
court. According to the
Court of Cassation, it was still possible to challenge the 2017 decision before the Court of Appeal.
On 29 July 2019, the complainants filed a complaint at the Cairo Court of Administrative Justice against
the Egyptian Ministry of the Interior for failing to disclose Mr. al-Nagar's whereabouts and failing to make
serious efforts to locate him. In its decision handed down on 18 January 2020, the Cairo Court of
Administrative Justice recalled the State's responsibility, and indicated that the State Information Service
statement was insufficient. The Court noted that the State had a duty to locate disappeared individuals,
especially when a complaint had been filed about their disappearance. The complainants indicated that
the Egyptian authorities had not yet responded to the ruling of 18 January 2020.
During its virtual session held in October 2020, the Committee on the Human Rights of Parliamentarians
invited the Egyptian authorities for a hearing. The parliamentary authorities had initially accepted the
Committee’s invitation. However, due to the parliamentary elections, the authorities were unable to meet
with the Committee.
B.
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Notes
that the complaint concerning the situation of Mr. Mostafa al-Nagar, a member of the
Egyptian Parliament at the time of the initial alleged violation of his parliamentary immunity and
right to freedom of expression, was declared admissible by the Committee on the Human Rights
of Parliamentarians under its procedure on 29 May 2020;
Thanks
the Egyptian parliamentary authorities for their willingness to meet with the Committee for
a hearing;
regrets,
nevertheless, that such a hearing did not take place;
points out
that the
Egyptian authorities have yet to share their views about the case, despite several previous
requests;
Is deeply concerned
by the alleged disappearance of Mr. al-Nagar since 2018 and the absence of
any measures taken by the authorities
to investigate his disappearance despite the complainants’
repeated requests;
questions
why the Egyptian Government is unable to locate Mr. al-Nagar
considering that he was under surveillance, as alleged by the complainants;
considers
that Mr. al-
Nagar’s alleged
disappearance should be taken seriously by the authorities regardless of his
conviction and the fact that he did not serve his prison sentence;
Stresses
that the State of Egypt is duty-bound to do everything possible to find Mr. al-Nagar and
that by not taking any measure to locate him under the pretext that he is a fugitive, the authorities
are wilfully denying justice to his relatives, who have the legitimate right to know about his fate,
and are giving weight to the complainants’ allegations that they are partly or wholly responsible
for his disappearance;
stresses
that the authorities have yet to provide convincing evidence to
refute the allegation that Mr. al-Nagar is being held incommunicado;
2.
3.
4.
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5.
Urges,
therefore, the authorities, in particular the Ministry of the Interior, to take appropriate
measures to locate Mr. al-Nagar in accordance with the decision of the Administrative Court of
Justice issued in January 2020 and to start a genuine and effective investigation into his
disappearance;
wishes
to be kept informed as a matter of urgency about steps taken in this
regard;
Is concerned
that Mr. al-Nagar’s
conviction seemed to be in violation of
his parliamentary
immunity and hindered the legitimate exercise of his parliamentary mandate;
wishes
to receive
copies of the decisions of the Cairo Criminal Court and Court of Cassation of 2017 and 2018
respectively;
Requests
the Secretary General to convey this decision to the relevant authorities, the
complainants, the Minister of Justice, the Minister of the Interior and any third party likely to be in
a position to supply relevant information on the whereabouts of Mr. al-Nagar;
Requests
the Committee to continue examining this case and to report back to it in due course.
6.
7.
8.
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Agenda, reports and other texts of the Governing Council
Palestine/Israel
Decision adopted by consensus by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
1
Ramallah, 15 April 2015
Palestinian protesters wave flags bearing portraits of
Fatah leader, Marwan Barghouti, during a march to mark the anniversary of his
arrest. AFP Photo/Abbas Momani
Case PSE-02
PSE-02
Marwan Barghouti
Alleged human rights violations
A.
Torture, ill-treatment and other acts of violence
Arbitrary arrest and detention
Lack of fair trial proceedings
Summary of the case
Palestine/Israel:
The Palestinian Legislative
Council and the Parliament of Israel are
affiliated to the IPU
Victim:
Member of the Palestinian Legislative
Council (member of the majority)
Qualified complainant(s):
Section I.(1).(b) of
the
Committee Procedure
(Annex I)
Submission of complaint:
April 2002
Recent IPU decision(s):
October 2018
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
Hearing with
the head of the parliamentary group of Fatah at
the 137
th
IPU Assembly (October 2017);
hearing with the Palestinian complainants
(October 2020)
Recent follow-up:
- Communication from the authorities: Letter
from the head of the Knesset delegation to
the Inter-Parliamentary Union (October
2020);
- Communication from the complainant:
October 2020
- Communication addressed to the
authorities: Letter addressed to the
Speaker of the Knesset (September 2020)
- Communication addressed to the
complainant: October 2020
Mr. Marwan Barghouti, a member of the Palestinian
Legislative Council (PLC), was arrested on 15 April 2002
in Ramallah by the Israeli Defence Forces and
transferred to a detention facility in Israel. He was
charged with murder, attempted murder and involvement
in terrorist organizations. His trial before the Tel Aviv
District Court started on 14 August 2002 and ended on
6 June 2004, when the court sentenced him to five life
sentences and two 20-year prison terms. The
complainants have raised a series of legal objections to
Mr. Barghouti's arrest and prosecution, alleging that he
was ill-treated, especially at the start of his detention, and
was denied access to legal counsel. The Committee
appointed a legal expert and lawyer, Mr. Simon Foreman,
to report on the trial. His report states that, “the numerous
breaches of international law …
make it impossible to
conclude that Mr.
Barghouti was given a fair trial”.
On 17 April 2017, Mr. Barghouti initiated a mass hunger
strike, joined by more than 1,000 Palestinian inmates, to protest against the abusive and inhumane
conditions in which Palestinian inmates were allegedly being held by the Israeli authorities. The
“Freedom and dignity hunger strike” reportedly ended on 30
May 2017, as the Israeli Prison Service had
agreed to grant some of the detainees’ requests. According to the information gathered
during a hearing
1
The delegation of Israel expressed its reservations regarding the decision.
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with the Palestinian complainants held in October 2020, the strike had also been triggered by the 2017
decision of the Israeli authorities to reduce the number of monthly visits to one instead of two visits per
month. The complainants stated that the Israeli authorities had promised to increase the number of
monthly visits; however, this has yet to be done.
In their letter of 18 October 2020, the Israeli parliamentary authorities did not provide any information on
Mr. Barghouti’s current
conditions of detention, including his visiting rights.
During the hearing held with the Palestinian complainants in October 2020, the Committee on the
Human Rights of Parliamentarians gathered the information summarized below on the situation of
Mr. Marwan Barghouti and other Palestinian inmates in Israeli prisons:
-
Due to the COVID-19 pandemic, Mr. Barghouti has allegedly received only two visits from his
spouse in 2020. According to the complainants, Mr. Barghouti is due to receive a third family visit
in November 2020, which is facilitated by the International Committee of the Red Cross (ICRC)
the main focal point between the Israeli authorities and the inmates’ families and the only
international organization allowed to conduct visits to Israeli prisons. Family visits are also
restricted to one relative instead of five, due to the COVID-19 pandemic, and phone calls are
allegedly prohibited. Prison guards may, however, allow an inmate to have a phone call in the
event of emergencies. Nevertheless, there appears to be no consistency with respect to phone
calls, which, according to the complainants, are arbitrarily granted or refused by prison guards;
According to the complainants, visits are restricted to spouses and first-degree relatives (children,
parents and siblings). During one visit, the Israeli authorities had promised Mr.
Barghouti’s family
that he would be able to meet his eight-month-old granddaughter. The complainants alleged that,
after passing three prison gates and being only one gate away from Mr. Barghouti, the authorities
arbitrarily denied her access and refused to let her to be brought in;
The complainants described the last visit granted to Mr. Barghouti, which was in August 2020.
According to the complainants, before any visit could take place, the family had to receive
confirmation from the ICRC and be granted a permit to enter Israel. In August 2020, those
conditions were met and Ms. Fadwa Barghouti, his spouse, was able to visit him for 45 minutes.
The visit took place in the visiting room, where they communicated by phone in front of a glass
window separating them. The complainants added that preparing a visit was a time-consuming
process; the round trip took almost eight hours, owing to the family’s place of residence, the
location of the prison, and the number of checkpoints to cross. The complainants stated that
those conditions also applied to other inmates, and were more complicated for inmates from
Gaza. According to the complainants, the Israeli authorities purposely detained inmates in prisons
located far away from their place of residence, making it difficult for their families to visit;
According to the complainants, detention conditions in Israeli prisons were dire. They said that
prison buildings were obsolete, with poor sanitary conditions, and that they were infested with
fleas and mosquitoes, while prison overcrowding was prevalent. The complainants alleged that
inmates were not allowed to have a fan in times of high temperatures. The same applies during
colder times, as prisons did not have central heating. Reportedly, prisoners were constantly being
moved from one prison to another, or from prison to an investigation centre or to court, which
meant that they spent several hours handcuffed inside a vehicle with aggressive and strict
guards. The complainants also alleged that there were clothes shortages in prison and that
inmates were allowed to have a new shirt only every three months. Inmates were required to first
signal their needs to the prison guard, and wait for the guard to grant the request. Once the
request was approved, inmates had to wait for a family visit before informing their relatives of
their needs. The shirt could then be provided during the following family visit. The complainants
also stated that detainees of all ages were held together, including children and young adults.
Inmates suffering from serious diseases, including cancer or diabetes were allegedly denied
appropriate medical care. The complainants also denounced Israel's overuse of administrative
detention.
-
-
-
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B
Decision
The Governing Council of the Inter-Parliamentary Union
1.
Takes note
of the Israeli parliamentary authorities' letter of 18 October 2020;
deeply regrets,
however, the lack of information about Mr. Barghouti's detention conditions;
Takes notes with grave concern
that Mr. Barghouti was allegedly denied his visiting rights for
three years for allegedly taking part in the 2017 mass hunger strike;
is also shocked
that, after
three years without a single visit, Mr. Barghouti was only able to receive two visits from his
spouse in 2020 due to the COVID-19 pandemic;
firmly recalls
that Article 37 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners stipulates that "prisoners shall be
allowed … to communicate with their family and reputable friends at
regular intervals, both by
correspondence and by receiving visits";
requests
the relevant Israeli authorities to give
assurances that the upcoming visit scheduled for November 2020 will take place without
hindrance;
Strongly reaffirms
its long-standing
position that Mr. Barghouti’s arrest and transfer to Israeli
territory was in violation of international law;
deplores
his continued detention for over 18 years
following a trial that failed to meet the fair-trial standards that Israel is bound to respect as a party
to the International Covenant on Civil and Political Rights;
recalls
in this regard the compelling
legal arguments put forward in Mr. Foreman's report; and consequently
renews its call
on the
Israeli authorities to release Mr. Barghouti forthwith;
Is deeply concerned
about the complainants' account of the detention conditions in Israeli
prisons, including the prevailing crowded conditions and the alleged obsolete state of prison
buildings;
is also worried
about the prohibition of phone calls and the arbitrary practice of prison
guards in this regard;
urges
the Israeli authorities, in light of the COVID-19 pandemic and
subsequent visiting restrictions, to enable detainees to call their relatives;
Reiterates its long-standing wish
to be granted permission to visit Mr. Barghouti; and
urges
the
Israeli authorities to give serious consideration to this request;
Questions
why the Israeli authorities decided to reduce the number of visits to one visit per month
instead of the two monthly visits that were allowed until 2017;
wishes
to receive more information
on the reasons pertaining to this decision;
also notes
that, due to the COVID-19 pandemic, family
visits would be limited to one person instead of five;
deplores
the fact that Palestinian prisoners
feel compelled to resort to hunger strikes to have their demands heard and acted upon; and
is
eager
to receive updated information on Mr. Barghouti’s current conditions of detention;
Considers
that the many national and international reports denouncing the conditions of detention
of Palestinian prisoners in Israeli jails should be of concern to the Knesset;
reaffirms
that the
Knesset can, and should, exercise its oversight function of the Israeli prison service with regard to
the treatment of Palestinian prisoners and thereby help ensure that all persons under the
jurisdiction and effective control of Israel are afforded the full enjoyment of the rights enshrined in
the International Covenant on Civil and Political Rights;
wishes
to know if the Knesset and
individual members are allowed to carry out impromptu prison visits and, if so, to receive
information on the applicable legal framework;
Requests
the Secretary General to convey this decision to the competent authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report to it in due course.
2.
3.
4.
5.
6.
7.
8.
9.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
Palestine/Israel
Decision adopted by consensus by the IPU Governing Council at its 206th session
(Extraordinary
virtual session,
3 November 2020)
1
Palestinian supporters of the Popular Front for the Liberation of Palestine (PFLP) take part
in a protest outside the UNDP office calling for the release of Ahmad Sa’adat,
leader
PFLP, in Gaza city on 29 July 2015. MAJDI FATHI/NurPhoto/NurPhoto via AFP
PSE-05
– Ahmad Sa’adat
Alleged human rights violations
A.
Arbitrary arrest and detention
Inhumane conditions of detention
Lack of fair trial proceedings
Summary of the case
Case PSE-05
Palestine/Israel:
The Palestinian Legislative
Council and the Parliament of Israel are
affiliated to the IPU
Victim:
Member of the Palestinian Legislative
Council (member of the majority)
Qualified Complainant(s):
Section I.(1).(b) of
the
Committee Procedure
(Annex I)
Submission of complaint:
July 2006
Recent IPU decision(s):
October 2018
Recent IPU mission(s):
- - -
Recent Committee hearing(s):
Hearing with
the Palestinian complainants (October 2020)
Recent follow-up:
- Communication from the authorities: Letters
from the head of the Knesset delegation to
the Inter-Parliamentary Union (October
2020)
- Communication from the complainant:
October 2019
- Communication addressed to the
authorities: Letter to the Speaker of the
Knesset (September 2020)
- Communication addressed to the
complainant: October 2020
On 14 March 2006, Mr.
Ahmad Sa’adat was abducted by the
Israeli Defence Forces from Jericho Jail and transferred to
Hadarim Prison in Israel, together with four other prisoners,
after being accused by the Israeli authorities of involvement in
the October 2001 murder of Mr. R. Zeevi, the Israeli Minister
of Tourism. The Israeli authorities concluded one month later
that Mr.
Sa’adat had not been involved in the killing, but went
on to charge the other four suspects. Subsequently, 19 other
charges were brought against Mr.
Sa’adat, all arising from his
leadership of the Popular Front for the Liberation of Palestine
(PFLP), which Israel considers a terrorist organization. None
of the charges allege direct involvement in crimes of violence.
On 25 December 2008, Mr.
Sa’adat was sentenced to
30 years in prison. While detained, Mr.
Sa’adat reportedly did
not receive the medical care he required, nor visits from his
family. In March and June 2009, he was placed in solitary
confinement, prompting him in June 2009 to go on a nine-day
hunger strike. He remained in solitary confinement for three
years, until May 2012.
In April 2017, Mr. Sa’adat
took part in a mass hunger strike
by Palestinian detainees to protest against their detention
conditions in Israeli prisons. He was reportedly moved at that
time to solitary confinement in Ohlikdar Prison. According to
1
The delegation of Israel expressed its reservations regarding the decision.
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
the information gathered during a hearing with the Palestinian complainants in October 2020, the strike
had also been triggered by the 2017 decision of the Israeli authorities to reduce the number of monthly
visits to one instead of two visits per month. The complainants stated that the Israeli authorities had
promised to increase the number of monthly visits; however, this has yet to be done.
In their letter of 18 October 2020, the parliamentary authorities did not provide any information on
Mr.
Sa’adat’s current conditions of detention, including
his visiting rights. The authorities suggested that
the IPU should consider whether future correspondence relating to the case of Mr.
Sa’adat was
appropriate, given his involvement in terrorism-related crimes.
During the hearing held with the Palestinian complainants in October 2020, the Committee on the
Human Rights of Parliamentarians gathered the following information on the situation of Palestinian
inmates in Israeli prisons:
-
The International Committee of the Red Cross (ICRC) is allegedly the main focal point between
the Israeli authorities and the inmates’ families, and the only international organization allowed to
conduct visits to Israeli prisons. Due to the COVID-19 pandemic, family visits are allegedly
restricted to one relative instead of five, and phone calls are allegedly prohibited. Prison guards
may, however, allow an inmate to have a phone call in the event of emergencies. Nevertheless,
there appears to be no consistency with respect to phone calls, which, according to the
complainants, are arbitrarily granted or refused by prison guards;
According to the complainants, visits are restricted to spouses and first-degree relatives (children,
parents and siblings). They said that, before any visit could take place, the family had to receive
confirmation from the ICRC and be granted a permit to enter Israel. Visits lasted for 45 minutes
and took place in the visiting room, where prisoners and their relatives communicated by phone in
front of a glass window separating them. The complainants added that preparing for a visit was a
time-consuming process;
the round trip could take almost eight hours, owing to the family’s place
of residence, the location of the prison and the number of checkpoints to cross. The complainants
stated that those conditions also applied to other inmates, and were more complicated for
inmates from Gaza. According to the complainants, the Israeli authorities purposely detained
inmates in prisons located far away from their place of residence, making it difficult for their
families to visit;
According to the complainants, detention conditions in Israeli prisons were dire. They said that
prison buildings were obsolete, with poor sanitary conditions, and that they were infested with
fleas and mosquitoes, while prison overcrowding was prevalent. The complainants alleged that
inmates were not allowed to have a fan in times of high temperatures. The same applied during
colder times, as prisons do not have central heating. Reportedly, prisoners were constantly being
moved from one prison to another, or from prison to an investigation centre or to court, which
meant that they spent several hours handcuffed inside a vehicle with aggressive and strict
guards. The complainants also alleged that there were clothes shortages in prison and that
inmates were allowed to have a new shirt only every three months. Inmates were required to first
signal their needs to the prison guard, and wait for the guard to grant the request. Once the
request was approved, inmates had to wait for a family visit before informing their relatives of
their needs. The shirt could then be provided during the following family visit. The complainants
also stated that detainees of all ages were held together, including children and young adults.
Inmates suffering from serious diseases, including cancer or diabetes, were allegedly denied
appropriate medical care. The complainants also denounced Israel's overuse of administrative
detention.
Decision
-
-
B.
The Governing Council of the Inter-Parliamentary Union
1.
2.
Takes note
of the Israeli parliamentary authorities' letter of 18 October 2020;
deeply regrets,
however,
the lack of information about Mr. Sa’adat’s detention conditions;
Strongly reaffirms
its long-standing position that Mr.
Sa’adat’s abduction and transfer to
Israel
were related not to the original murder charge but rather to his political activities as PFLP General
Secretary;
deplores
his continued detention for over 14 years as a result of a politically motivated
trial; and consequently
calls again on
the Israeli authorities to release him without delay;
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Inter-Parliamentary Union
Agenda, reports and other texts of the Governing Council
3.
Is deeply concerned
about the complainants' account of the detention conditions in Israeli
prisons, including the prevailing overcrowding and the alleged obsolete state of prison buildings;
is also worried
about the prohibition of phone calls and the arbitrary practice of prison guards in
this regard; and
urges
the Israeli authorities, in light of the COVID-19 pandemic and subsequent
visiting restrictions, to enable detainees to call their relatives;
Reiterates its long-standing wish
to be granted permission to visit Mr. Sa’adat; and
urges
the
Israeli authorities to give serious consideration to this request;
Questions
why the Israeli authorities decided to reduce the number of visits to one visit per
month, instead of the two monthly visits that were allowed until 2017;
wishes
to receive more
information on the reasons pertaining to this decision;
also notes
that, due to the COVID-19
pandemic, family visits would be limited to one person instead of five;
deplores
the fact that
Palestinian prisoners feel compelled to resort to hunger strikes to have their demands heard and
acted upon; and
is eager
to receive
updated information on Mr. Sa’adat’s current conditions of
detention;
Stresses
that the many national and international reports denouncing the conditions of detention
of Palestinian prisoners in Israeli jails should be of concern to the Knesset;
reaffirms
that the
Knesset can, and should, exercise its oversight function of the Israeli prison service with regard to
the treatment of Palestinian prisoners and thereby help ensure that all persons under the
jurisdiction and effective control of Israel are afforded the full enjoyment of the rights enshrined in
the International Covenant on Civil and Political Rights;
wishes
to know if the Knesset and
individual members are allowed to carry out impromptu prison visits and, if so, to receive
information on the applicable legal framework;
Requests
the Secretary General to convey this decision to the competent authorities, the
complainant and any third party likely to be in a position to supply relevant information;
Requests
the Committee to continue examining this case and to report to it in due course.
4.
5.
6.
7.
8.
77