Erklæringer og resolutioner vedtaget under IPU-sessionen i Bahrain

146th IPU Assembly
Manama (11–15 March 2023)
#IPU146
Raising awareness and calling for action on the serious humanitarian
crises affecting the peoples of Afghanistan, the Syrian Arab Republic,
Ukraine, Yemen and other countries, and on the particular
vulnerability of women and children
Resolution adopted by consensus*
by the 146th IPU Assembly
(Manama, 14 March 2023)
The 146th Assembly of the Inter-Parliamentary Union,
Considering that low- and middle-income countries host 74% of the world’s refugees and
other people in need of international protection, that the least developed countries provide asylum to
22% of these people, and that 90% of the world’s humanitarian needs are concentrated in 20 countries
that, together, represent no more than 13% of the world’s population and 1.6% of global GDP,
Cognizant that the affected countries cannot meet the needs of the at-risk population,
making it essential for the international community to guarantee humanitarian assistance including food
distribution, health care and, in many cases, infrastructure reconstruction, and that, in 2023,
an estimated 340 million people will need humanitarian assistance,
Recalling that such international humanitarian assistance is protected by the “right to life,
liberty and security” of all persons, an inalienable and universal principle enshrined in Article 3 of the
Universal Declaration of Human Rights of 1948, and that these rights have been endorsed in the
International Covenant on Economic Social and Cultural Rights and the International Covenant on Civil
and Political Rights of 1966, the Convention on the Prevention and Punishment of the Crime of Genocide
of 1948, and the Geneva Conventions of 1949 and their Additional Protocols, among others, which
together constitute the international legal framework that, pursuant to Article 2 of the Universal
Declaration of Human Rights, promotes and protects the human rights of all “without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status”,
Underlining that the United Nations General Assembly has made achieving gender equality
by 2030 a target of the Sustainable Development Goals (SDGs), in particular through Goal 5, including
but not limited to Target 5.2: “Eliminate all forms of violence against all women and girls in public and
private spheres, including trafficking and sexual and other types of exploitation”,
Recalling United Nations General Assembly resolution 2816 of 14 December 1971, which
established the post of Disaster Relief Co-ordinator (DRC) to provide humanitarian assistance to victims
of natural disasters and other emergencies, and resolution 46/182 of 19 December 1991, through which
the DRC was renamed the United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
and given expanded powers to coordinate humanitarian assistance, to facilitate access to emergency
areas, to conduct the organization’s needs assessment missions, to prepare joint appeals and to
mobilize resources,
* The delegation of Yemen expressed a reservation on the entire resolution.
The delegation of India abstained from supporting the resolution.
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Welcoming the creation of the Central Emergency Response Fund, managed by
OCHA, which, based on voluntary donations, makes it possible to finance humanitarian response
actions worldwide,
Recalling the Convention Relating to the Status of Refugees of 1951, which defines a
refugee as any person who, “owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the
protection of that country”,
Recalling also United Nations General Assembly resolution 73/195 of
29 December 2018 on the Global Compact for Safe, Orderly and Regular Migration,
Noting with deep concern that women and girls are still exposed to sexual violence,
in particular committed by combatants,
Emphasizing that rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization and all other forms of sexual violence of comparable gravity constitute crimes
against humanity,
Noting with deep concern the especially dramatic situation in Afghanistan, where
about 24 million Afghans are experiencing misery, hunger and freezing temperatures, including
many children at severe risk of violence and family separation,
Noting that decades of uninterrupted war, coupled with years of drought and low
temperatures, have led to total social and economic collapse, causing the displacement of
3.5 million people and making Afghans one of the largest refugee populations in the world,
Recalling that the Inter-Parliamentary Union (IPU) works in favour of peace and
cooperation among peoples, promoting the defence of universal human rights, and stressing that
absolute respect for such rights is an essential factor for democracy and the development of all
nations,
Recalling also the joint statement on Afghanistan issued on 30 August 2021 by
the IPU Committee to Promote Respect for International Humanitarian Law and the IPU Committee
on the Human Rights of Parliamentarians,
Alarmed by the situation of Afghan women and girls, and noting that the Taliban
takeover caused the immediate repression of women, excluding them from secondary and
university education, while the absence of a male “guardian” prevents many of them from leaving
their homes or even accessing essential services, causing them to lose jobs and the corresponding
economic support,
Deeply disturbed by attacks on women parliamentarians, including the assassination
of Ms. Mursal Nabizada on 15 January 2023 and the attempt on the life of Ms. Fawzia Koofi on
14 August 2020, and recalling that the looming risk to women parliamentarians in Afghanistan
prompted a decision by the IPU Committee on the Human Rights of Parliamentarians on
2 February 2023,
Acknowledging the disastrous humanitarian crisis in Ukraine, caused by a war of
aggression, where civilian casualties and the destruction of critical infrastructure have forced
millions of people to cross borders into neighbouring countries, in addition to the internally
displaced,
Noting that, according to the United Nations High Commissioner for Refugees
(UNHCR), as of February 2023, an estimated 17.6 million people in Ukraine require urgent
humanitarian assistance and an estimated 8 million refugees from Ukraine are scattered
throughout Europe, 90% of them women and children, and that, according to the International
Organization for Migration, there are 5.3 million internally displaced persons within Ukraine,
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Recalling the emergency item resolutions adopted at the 144th and 145th IPU
Assemblies, held in Nusa Dua and Kigali respectively, which recognized the magnitude of the
humanitarian situation in Ukraine and were aligned with the resolutions adopted on this subject by
the United Nations in 2022,
Recalling also the situation in Yemen, where a bloody civil war, in one of the countries
with the most vulnerable populations in the Middle East, has resulted in violence that has affected
millions of people, caused hundreds of thousands of deaths and led to mass displacement,
Noting that over 20 million Yemenis require humanitarian assistance, including
4 million internally displaced persons,
Recognizing the catastrophic and unsustainable situation faced by people in the
Syrian Arab Republic, where the recent earthquake that affected the north of the country, and the
south of Türkiye, has created a humanitarian crisis, compounding the effects of the civil war in the
Syrian Arab Republic,
Noting that some 6.6 million Syrians have been forced to flee to other countries, and
that there are 6.7 million internally displaced persons within the Syrian Arab Republic,
Considering the current situation in South Sudan, a country ravaged since its birth by
an ongoing civil war, where 4.3 million people are currently in need of humanitarian assistance,
including refugees (of which 63% are children), internally displaced persons and asylum-seekers,
Recognizing the crisis in the Bolivarian Republic of Venezuela, where violence,
insecurity, and lack of food, medicine and essential services have triggered the largest migration in
the history of Latin America, with 7 million Venezuelan refugees and migrants, and noting that
these refugees and migrants are frequently forced to take unauthorized routes, falling victim to
traffickers and irregular armed groups,
Cognizant that humanitarian crises are caused not only by conflicts, corrupt
governments, wars of aggression, invasions and civil wars, but also by climate change, such as the
massive floods that hit Pakistan in 2022, which claimed 1,800 lives, left more than 2.1 million
people homeless and affected 33 million people in total,
Acknowledging that the above-mentioned crises are only those with the highest
numbers of displaced persons, and emphasizing that other humanitarian crises are also taking
place in many other regions of the world, including but not limited to Burkina Faso, Burundi,
the Central African Republic, Chad, the Democratic People’s Republic of Korea, the Democratic
Republic of the Congo, Ethiopia, Haiti, Iraq, Mali, Myanmar, Nicaragua, Niger, Nigeria, Palestine,
Somalia and the Sudan,
1. Considers that humanitarian crises are the leading cause of human rights violations in
the world;
2. Recognizes that it is up to the international community to collaborate to protect human
lives, to alleviate suffering, to safeguard dignity, and to guarantee access to basic
services such as food, medical care, water and shelter for all persons, regardless of
their origins, through legal and policy measures at the national level, and encourages
governments to pursue the SDGs, and Goal 5 in particular, through such measures;
3. Expresses its sympathy for the populations of Afghanistan, South Sudan, the Syrian
Arab Republic, Ukraine, Venezuela (Bolivarian Republic of) and Yemen, as well as for
the millions of people who, on every continent, suffer deprivation and persecution as a
result of war, oppressive regimes, terrorism, violence and natural disasters;
4. Calls upon the parliaments of the world to speak out against, and to exert political and
diplomatic pressure on, those who bear responsibility for humanitarian crises, and to
offer support to affected populations;
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5. Calls for awareness-raising for national authorities and civil society in countries
around the world, so that they are able to contribute, to the greatest extent possible, to
the creation of specialized assistance programmes for people affected by
humanitarian crises;
6. Calls upon all nations to strengthen the United Nations Secretary-General’s High-
Level Task Force on Preventing Famine, adopting simplified protocols to increase the
access of children and young people to treatment for malnutrition;
7. Appeals for the strengthening of regional and interregional cooperation in order to
facilitate the opening of humanitarian corridors that guarantee safe transit for
vulnerable people, especially women and children from crisis-affected areas,
while managing or negotiating agreements that allow the safe passage of
humanitarian assistance;
8. Strongly condemns any attack on the lives, integrity and well-being of civilians, and
calls upon parliaments and governments to take action against impunity for
international crimes that cause humanitarian crises and persecution, in particular
through support for the International Criminal Court, through national prosecution
efforts and through appropriate legal mechanisms for the punishment of aggression
and other international crimes;
9. Calls for an increase in international support and assistance for refugees and
internally displaced persons, be they men, women or children, who lack access to
basic rights and reasonable living conditions, as well as for other people who do not
have refugee status;
10. Notes that women, together with children, are the main victims of humanitarian crises;
11. Calls for support for the efforts of the United Nations and other organizations working
for the defence and promotion of women’s rights;
12. Demands that governments refrain from the use of sexual and gender-based violence
as a systematic tactic of warfare;
13. Urges governments to meet the needs of survivors of sexual and gender-based
violence;
14. Strongly supports the empowerment of women and youth, and affirms its defence of
the rights and interests of women, especially in Afghanistan, the Syrian Arab Republic,
Ukraine and Yemen, and of all those living through humanitarian crises;
15. Calls for global support for vulnerable host countries which have capacity constraints
in order to enable them to provide sufficient education and health care for refugees
and asylum-seekers, and urges host countries to develop and implement frameworks
that guarantee refugees and asylum-seekers, particularly women and girls, access to
these vital services,
16. Calls upon governments to consistently enforce the prohibition of discrimination on the
basis of gender in all respects;
17. Deplores the practice of forced deportation, which is a crime under international
criminal law, international humanitarian law and international human rights law, and
the forced deportation of children in particular, and calls for urgent action by United
Nations Member States to stop this practice and to return children to their families;
18. Expresses particular concern about the persecution experienced by women and girls
in Afghanistan, and calls upon the current de facto authorities to respect the Charter of
the United Nations, international treaties and conventions, and the Universal
Declaration of Human Rights;
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19. Calls upon all governments and parliaments to ensure that there are no obstacles,
including under immunity provisions or procedural law, that prevent the award of
compensation to victims of international crimes, either through their governments
or directly;
20. Calls for closer coordination between United Nations agencies and the international
community in order to guarantee the implementation of the provisions of the
Convention on the Rights of the Child and its Optional Protocols, especially in
countries such as Afghanistan;
21. Endorses the decision of the IPU Committee on the Human Rights
of Parliamentarians to condemn, in the strongest possible terms, the atrocious murder
of Afghan citizen and parliamentarian Ms. Mursal Nabizada, and affirms that this
brutal crime is an affront to the rights, values and principles promoted by the IPU;
22. Calls upon the IPU Executive Committee to follow up on parliamentary work on the
humanitarian crises in Afghanistan, the Syrian Arab Republic, Ukraine, Yemen and
other countries to support the efforts of the international community, and its
parliaments in particular, aimed at providing assistance to populations, and at
promoting order, stability and the long-term restoration of institutions in order to
achieve human and sustainable development in democracy;
23. Calls upon the international community to address the urgent need for robust financial
support by strengthening its institutional support and cooperative financing
mechanisms, including the United Nations Assistance Mission in Afghanistan, the
Central Emergency Response Fund managed by OCHA, and UNHCR, and
recommends that the above financial support be allocated not only to immediate and
individual humanitarian assistance such as food and medicine, but also to the design
of reconstruction plans for essential infrastructure in order to maintain the basic
functions of society in Afghanistan, the Syrian Arab Republic, Ukraine and Yemen;
24. Calls for the strengthening of humanitarian assistance mechanisms to respond to
these humanitarian crises.


146th IPU Assembly
Manama (11–15 March 2023)
#IPU146
Cybercrimes: The new risks to global security
Resolution adopted by consensus*
by the 146th IPU Assembly
(Manama, 15 March 2023)
The 146th Assembly of the Inter-Parliamentary Union,
Condemning all forms of cybercrime and reaffirming the need to combat such acts through
international cooperation,
Reaffirming the existing United Nations framework for responsible State behaviour in the use
of information and communications technologies (ICTs) and the need to implement this framework,
Recognizing the need to build trust and mutual understanding between countries in response
to the malicious use of ICTs by State as well as non-State actors, who recognize neither boundaries nor
borders,
Observing the growing use of and dependence on ICTs worldwide,
Cognizant of the increase in cybercrime activities due to increasing digitalization, accelerated
by the COVID-19 pandemic,
Noting the responsibility of parliaments to build a regulatory framework that protects citizens
in cyberspace with new infrastructure and resources, in the same way as in the physical world,
Recalling United Nations General Assembly resolution 31/72 of 10 December 1976 on the
Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification
Techniques, resolutions 55/63 of 4 December 2000 and 56/121 of 19 December 2001 on Combating the
criminal misuse of information technologies, and resolution 57/239 of 31 January 2003 on the Creation of
a global culture of cybersecurity,
Recalling also the annual resolutions of the United Nations General Assembly on
Developments in the field of information and telecommunications in the context of international security,
and in particular resolution 69/28 of 2 December 2014, resolution 73/266 of 22 December 2018
establishing the Group of Governmental Experts on advancing responsible State behaviour in the context
of international security, and resolution 75/240 of 31 December 2020 establishing the Open-ended
Working Group on security of and in the use of information and communications technologies 2021–2025,
and highlighting the voluntary and non-binding norms of responsible State behaviour in the use of ICTs in
the context of international security, developed by the Group of Governmental Experts and endorsed by
United Nations General Assembly resolution 70/237 of 23 December 2015, which calls on United Nations
Member States to be guided by these norms, as well as the establishment, through United Nations
General Assembly resolution 77/37 of 7 December 2022, of a United Nations programme of action to
discuss existing and potential threats and to support States’ capacities and efforts to implement and
advance commitments,
*
The delegation of India expressed reservations on operative paragraph 25.
The delegation of the Russian Federation expressed reservations on preambular paragraph 11 and operative
paragraph 1
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Recalling further the United Nations Convention against Transnational Organized
Crime of 15 November 2000 and the United Nations Convention against Corruption of
31 October 2003,
Stressing the importance of regional conventions on cybercrime, transnational
organized crime, exchange of information and administrative assistance, including the Council of
Europe Convention on Cybercrime of 23 November 2001 and its Additional Protocol concerning the
criminalisation of acts of a racist and xenophobic nature committed through computer systems of
28 January 2003, the Agreement on Cooperation in Ensuring International Information Security
between the Member States of the Shanghai Cooperation Organization of 16 June 2009, the Arab
Convention on Combating Information Technology Offences of 21 December 2010, the Latin
American and Caribbean Parliament (Parlatino) Model Law on Cybercrime of November 2013 and
its updates, the Parlatino Model Law on Social Prevention of Violence and Crime of November
2015, the Parlatino Model Law on Computer Crimes of February 2021, and the Parlatino Model Law
on Combating Illicit Trade and Transnational Crime of February 2021, the Agreement on
Cooperation among the Member States of the Commonwealth of Independent States in the Field of
Ensuring Information Security of 20 November 2013, the Agreement on Cooperation among the
Member States of the Commonwealth of Independent States in the Fight Against Crimes in the Field
of Information Technology of 28 September 2018, and the African Union Convention on Cyber
Security and Personal Data Protection of 27 June 2014,
Stressing also that the Council of Europe Convention on Cybercrime, which is open for
accession by any country, has become an instrument of global significance, with States Parties
from, and impact in, all regions of the world,
Recalling the IPU’s work on the various new risks faced by our increasingly digitized
societies, including the IPU resolutions Cyber warfare: A serious threat to peace and global security
(adopted at the 132nd Assembly, Hanoi, 1 April 2015), and Legislation worldwide to combat online
child sexual exploitation and abuse (adopted at the 143rd Assembly, Madrid, 30 November 2021),
which also recalls the Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse (the “Lanzarote Convention”) of 25 October 2007,
Commending the work of the United Nations on advancing responsible State behaviour
in cyberspace,
Commending also the efforts of the United Nations to enact, through General Assembly
resolution 74/247 of 27 December 2019, an international cybercrime convention, and welcoming the
creation of an ad hoc committee charged with drafting this convention,
Welcoming the participation of the IPU in the multi-stakeholder consultation process of
that ad hoc committee in order to ensure that the voice of parliaments is heard,
Noting the need for a global approach to the issue of cybercrime and its serious
consequences for citizens, as well as the need to protect global peace, security and economic
stability while upholding the basic tenets of human rights including freedom of speech,
Recognizing the urgent need for legislators, governments and all stakeholders to take
more proactive national steps to combat cybercrime, given its renewed intensity and rapidly evolving
nature,
Recognizing also that all actions in this field need to have respect for human rights and
fundamental rights at their centre,
Noting the uneven development in countries’ ICT application capacity and ability to
protect ICT infrastructure, and emphasizing the need for increased technical assistance and
collaboration, especially for developing countries,
Noting also that States shall act in accordance with their obligations under international
human rights law, including but not limited to the International Covenant on Civil and Political Rights,
the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of
Discrimination against Women, and additional protocols and other relevant international human
rights instruments,
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Recognizing the need for common, international parliamentary action to advance
awareness and implementation of voluntary and non-binding norms regarding responsible State
behaviour in the use of ICTs,
Noting that cybercrime may constitute a serious threat to democratic processes,
especially interference in elections through cybersecurity breaches or false social media accounts,
Acknowledging that women, young people, children, elderly people, people with
disabilities, and racialized communities are particularly vulnerable to cybercrimes,
Acknowledging also the need for efforts to promote gender equality and the
empowerment of women and girls in all their diversity, including through gender mainstreaming, in
the development, implementation and application of policies, programmes and legislation in this
field,
Noting the nature of the threats and risks of transnational cybercrime to international
peace and security, and the tremendous developments in cyberspace, as a result of which the
methods used by cybercriminals are becoming increasingly sophisticated,
Noting also that cybercrime includes but is not limited to attacks on computer systems,
breaches of privacy, the creation and deployment of malware, and, increasingly, the facilitation of
attacks on critical civilian infrastructure, as well as other acts that can occur offline and be facilitated
by computer systems, including online fraud, drug trade, money-laundering, hate crimes, human
trafficking, and technology-facilitated gender-based violence such as sexual harassment, threats,
stalking, bullying, sexist hate speech, and the sexual exploitation of women and children via the
internet – all of which negatively affect global security and economic stability,
Considering that most national laws were enacted before cybercrime arose and
therefore do not always adequately address these threats,
1. Encourages parliaments to consider taking the necessary steps for their country to
accede, if it has not yet done so, to existing international instruments that address the
use of ICTs for criminal purposes, including the Council of Europe Convention on
Cybercrime, which is the most comprehensive multilateral cybercrime treaty in force
and is open for accession by all States;
2. Calls upon parliaments to make sure their legislation on cybercrime is up to date and
relevant, in accordance with international law, including international human rights
instruments, to allocate the necessary resources to this end and to engage all
stakeholders, including the private sector, academia, civil society and the technical
community, considering the ongoing increase in the scale, scope, speed, complexity
and frequency of such acts and their implications for national security, international
peace and security, and global economic stability, as well as to include in such
legislation extraterritorial jurisdiction to enable the prosecution of criminal acts,
irrespective of where those acts were committed and whether they constitute offences
in the foreign jurisdiction in question;
3. Urges parliaments to ensure that human rights impact assessments are embedded in
all legislative processes on cybercrime;
4. Calls upon parliaments to enhance the capacity of law enforcement officers, including
investigative authorities, prosecutors and judges, in the field of cybercrime, and to
equip them to effectively investigate, prosecute and adjudicate cases of cybercrime
offences;
5. Encourages parliaments to make full use of their oversight function to ensure that
governments have the tools, including appropriate resources and capacity, to prevent
and combat the rapid increase in cybercrimes and to protect the cybersecurity,
identity, privacy and data of citizens while safeguarding human rights and freedoms;
6. Strongly recommends that parliaments ensure that their national legislative
frameworks on the protection of critical national infrastructure, including the
infrastructure that supports the internet, are up to date, or that they establish such
frameworks where necessary;
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7. Encourages parliaments to promote an open, free and secure cyberspace by calling
on their governments to abide by the United Nations norms of responsible State
behaviour in cyberspace, to cooperate in fighting cybercrime as well as cybercriminals
and malicious actors, to respond to requests for assistance and capacity-building, if
possible in real time, in accordance with the rule of law and fully respecting
international human rights law and fundamental freedoms, to secure the supply chain
of companies in their countries, to report voluntarily on potential vulnerabilities to third
parties to assist them in preventing future incidents, and in particular to support and
protect all cyber incident response teams within and beyond their borders;
8. Also encourages parliaments to draft gender-responsive legislation promoting cross-
cutting cybersecurity services that prioritize prevention (awareness-raising, auditing
and training), incident detection (24 hours a day, 7 days a week), and an instant and
efficient response to cyber threats, through a victim-centric approach
9. Recommends that parliaments promote the establishment of relevant institutions and
bodies – such as national cybersecurity centres, computer emergency response
teams, computer security incident response teams and security operations centres –
where these do not already exist in their country;
10. Also recommends that all parliaments ensure that such institutions and bodies have
adequate budgetary resources and specialized personnel, including women
cybersecurity experts, to allow for an agile, timely and effective response to
cybercrime and to protect critical civilian infrastructure, public institutions, companies
and citizens without breaching privacy, while taking into account that the increasing
digitalization of public services and utilities could imply major exposure to digital risks;
11. Urges parliaments to promote international coordination between such institutions and
bodies in order to monitor, prevent, detect, investigate and respond to cyber threats;
12. Invites parliaments to encourage their governments to provide specific cybersecurity
training in order to help increase the number of cybersecurity professionals and to
strengthen their performance;
13. Reaffirms that an open, secure, stable, accessible and peaceful ICT environment is
essential for all and requires effective cooperation among States to reduce risks to
international peace and security, and calls upon the international community to
promote full respect for human rights and fundamental freedoms;
14. Calls upon parliaments to encourage investment in research and development,
incorporating into the design of each project specific cybersecurity provisions, with
appropriate budget allocation, in order to anticipate and protect against possible
emerging cyber threats;
15. Encourages parliaments to partner with industry, academia and all other stakeholders,
including civil society, with their respective governments as key facilitators, in order to
foster a strong and collaborative cybersecurity ecosystem that fully respects human
rights principles and international human rights obligations;
16. Calls upon parliaments and parliamentarians to actively engage in promoting a
shared, up-to-date national understanding of the nature of cybercrime as experienced
by citizens, organizations and institutions;
17. Urges parliaments to help foster a true “culture of cybersecurity” by developing
educational curricula focused on training future generations, from childhood onwards,
in digital literacy and technological know-how, covering both the great opportunities
presented and the serious risks posed by technology;
18. Recommends that parliaments broaden protections for women, young people,
children, elderly people, people with disabilities, and racialized communities in
cyberspace, taking respect for human rights and the prevention of gender-based
violence into account in the development of educational policies on the use of social
media;
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19. Urges parliaments to take the necessary action to protect critical moments in
democracy, and especially those periods when citizens exercise their right to vote, in
order to avoid attacks and interferences that seek to influence, change or violate the
free formation of public opinion during the electoral process;
20. Calls upon the international community to take action to protect democracy by
ensuring that all parliaments worldwide, as institutions representing the will of the
people, are afforded special protection through their inclusion in lists of critical civilian
infrastructure and essential services;
21. Stresses the need to further enhance international cooperation and assistance in the
area of ICT security and capacity-building, as a means to bridge digital divides and
strengthen the response to cyber threats globally;
22. Calls upon parliaments to deepen their understanding of the complex and rapidly
evolving nature of cybercrime by enabling the open sharing of knowledge, experience
and expertise, and by holding specialized seminars, workshops and conferences on
this subject;
23. Invites the IPU Secretariat, in partnership with other relevant organizations, to promote
this new vision of cybersecurity by supporting parliaments in their capacity-building
endeavours;
24. Recommends that the IPU, as the global organization of parliaments, play a leading
role in preventing and combating cybercrime, and in stimulating cyber-resilience, by
participating in all relevant international forums, including those led by the United
Nations, with a view to ensuring that the voice of parliaments is heard;
25. Promotes the creation of a working group on cybercrime, subsidiary to the Governing
Council of the IPU, whose specific mission shall be to comply with the mandates and
objectives established in this resolution, and whose powers shall include both
supporting the process for the promotion of an international convention on cybercrime
within the framework of the United Nations, and strengthening the capacities of IPU
Member Parliaments in terms of law-making, oversight and budgeting;
26. Recommends that the IPU raise awareness among parliaments on achieving the
Sustainable Development Goals through, above all else, their universal commitments
to digital security.


146th IPU Assembly
Manama (11–15 March 2023)
#IPU146
Parliamentary efforts in achieving negative
carbon emission balances of forests
Resolution adopted by consensus*
by the 146th IPU Assembly
(Manama, 15 March 2023)
The 146th Assembly of the Inter-Parliamentary Union,
Recalling the United Nations Framework Convention on Climate Change (UNFCCC) and
the 2015 Paris Agreement, including its goal to hold the increase in the global average temperature to
well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C
above pre-industrial levels, and in particular its Article 5, which calls on the Parties to the Agreement to
take action to conserve and enhance sinks and reservoirs of greenhouse gases, including forests, and
encourages them to develop policy approaches to reduce emissions from deforestation and forest
degradation, to set positive incentives for sustainable management of forests, and to enhance carbon
sequestration and reduce emissions in forests,
Mindful of the outcomes of the United Nations Climate Change Conferences in Glasgow
(COP26) and Sharm el-Sheikh (COP27) and taking note of the forest-relevant contribution of the
Glasgow Leaders’ Declaration on Forests and Land Use, in which more than 140 countries committed to
working collectively to halt and reverse forest loss and land degradation by 2030 while delivering
sustainable development and promoting inclusive rural transformation and value chains, and in which
they reaffirmed international financial commitments, private finance and investment support to enable
forest conservation and restoration, and support for indigenous peoples and local communities, as well
as the findings of the IPCC Working Group III on mitigation and its recommendations on reducing
deforestation and increasing reforestation,
Welcoming the Kunming-Montreal Global Biodiversity Framework adopted in
December 2022 and its 4 goals and 23 targets, including target 2, which seeks to “ensure that by 2030 at
least 30% of areas of degraded terrestrial, inland water, and coastal and marine ecosystems are under
effective restoration, in order to enhance biodiversity and ecosystem functions and services, ecological
integrity and connectivity”,
Looking forward to the United Nations Climate Change Conference in Dubai (COP28),
which will follow up on the COP26 and COP27 climate conferences’ outcomes regarding forest
protection,
Recalling the IPU resolutions Climate change, sustainable development models, and
renewable energies (120th IPU Assembly, Addis Ababa, April 2009), Addressing climate change
(141st IPU Assembly, Belgrade, October 2019), Parliamentary strategies to strengthen peace and
security against threats and conflicts resulting from climate-related disasters and their consequences
(142nd IPU Assembly, virtual session, May 2021), the Nusa Dua Declaration Getting to zero: Mobilizing
parliaments to act on climate change (144th IPU Assembly, Nusa Dua, March 2022), and the Declaration
of the President of the Assembly on climate change (116th IPU Assembly, Nusa Dua, May 2007),
*
The delegation of India expressed reservations on preambular paragraphs 2, 5 and 8, and on operative
paragraphs 1, 3, 5, 6, 9, 11, 12, 13, 17 and 21.
The delegation of the Russian Federation expressed reservations on preambular paragraph 19.
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Guided by the United Nations 2030 Agenda for Sustainable Development and the
Sustainable Development Goals (SDGs), which emphasize that climate policy, poverty reduction and
universal peace are all inextricably linked in achieving sustainable development, in particular SDG 15
to “protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage
forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss” and
SDG 13 to “take urgent action to combat climate change and its impacts”, as well as SDG 17 to
“strengthen the means of implementation and revitalize the global partnership for sustainable
development”,
Committed to the implementation of the Kunming-Montreal Global Biodiversity
Framework adopted by the 15th Conference of Parties to the UN Convention on Biological Diversity in
December 2022, in particular of target 2 to restore at least 30% of areas of degraded ecosystems by
2030 and of target 3 to ensure that by 2030 at least 30% of terrestrial, inland water, coastal and
marine areas are effectively conserved and managed through ecologically representative,
well-connected and equitably governed systems of protected areas and other effective area-based
conservation measures,
Reaffirming United Nations General Assembly resolution 76/300 recognizing the right to a
clean, healthy and sustainable environment as a human right, resolution 71/285, in which the
United Nations Strategic Plan for Forests 2017–2030 was adopted, and resolution 73/284 on the
United Nations Decade on Ecosystem Restoration (2021-2030),
Committed to the realization of the shared vision set out in the United Nations Strategic
Plan for Forests 2017–2030 “of a world in which all types of forests and trees outside forests are
sustainably managed, contribute to sustainable development and provide economic, social,
environmental and cultural benefits for present and future generations”,
Reaffirming the importance of the six goals defined in the United Nations Strategic Plan
for Forests 2017–2030, and especially goal 1 to “reverse the loss of forest cover worldwide through
sustainable forest management, including protection, restoration, afforestation and reforestation,
and increase efforts to prevent forest degradation and contribute to the global effort of addressing
climate change”, which would, among other benefits, serve the achievement of SDG targets 6.6 to
“protect and restore water-related ecosystems, including […] forests”, 12.2 to “achieve the sustainable
management and efficient use of natural resources”, 15.1 to “ensure the conservation, restoration and
sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular
forests”, and especially 15.2 to “promote the implementation of sustainable management of all types of
forests, halt deforestation, restore degraded forests and substantially increase afforestation and
reforestation globally”,
Emphasizing target 1.2 of goal 1 of the United Nations Strategic Plan for Forests
2017-2030, which calls for “the world’s forest carbon stocks [to be] maintained or enhanced”,
Endorsing goal 2 of the United Nations Strategic Plan for Forests 2017–2030, to
“enhance forest-based economic, social and environmental benefits, including by improving the
livelihoods of forest-dependent people”, especially its target 2.2 to “increase the access of small-scale
forest enterprises, in particular in developing countries, to financial services, including affordable
credit, and their integration into value chains and markets” and target 2.3, which calls for
“the contribution of forests and trees to food security [to be] significantly increased”,
Welcoming the international community’s continuing engagement in numerous global
initiatives to address the contribution of forests to climate protection, including the Forests and Climate
Leaders’ Partnership; the Congo Basin Forest Partnership; the 15th World Forestry Congress held in
Seoul in May 2022; the ASEAN Green Initiative to ramp up restoration efforts and plant at least
10 million native trees in the next 10 years across the 10 ASEAN Member States starting from 2021,
and to set standards for the recognition of tree planting activities and programmes across the region
that not only regrow forests in the region but also contribute to people's well-being, livelihood
improvement, and resilience-building; the Bonn Challenge, a global goal to bring 150 million hectares
of degraded and deforested landscapes into restoration by 2020 and 350 million hectares by 2030; the
World Economic Forum’s global initiative to conserve, restore and grow 1 trillion trees by 2030; the
Great Green Wall for the Sahara and the Sahel Initiative; and the Strategic Plan of Action for ASEAN
Cooperation on Forestry; and recognizing that all of these initiatives have contributed to States’
affirmation of forest protection and emission reduction targets, and have showcased the many
opportunities for prevention, mitigation, resilience-building and adaptation through the contributions of
national governments, provinces, cities and villages, private corporations, financial institutions and civil
society,
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Recognizing the crucial role that women and youth play in forest ecosystem conservation
and restoration, and stressing the need for the full participation of women and youth at all levels of
policymaking and implementation in forest ecosystem conservation and restoration,
Noting that forests are resources of global significance, covering 31% of the Earth’s land
surface, but storing almost half of terrestrial carbon; that forests help to regulate regional climate by
influencing rainfall patterns and cooling urban areas; that trees and forests regulate the water balance,
serve as drinking-water reservoirs and protect against erosion, landslide, rockfalls, avalanches, floods,
desertification, land degradation and food insecurity; that sustainably managed forests deliver natural,
climate-neutral resources for various value chains; and that well-managed forests provide
subsistence, medicines, recreational and cultural purpose, livelihoods, employment and income to
forest-dwelling communities, forest-dependent people and Indigenous people, and act as a natural
buffer against the transmission of zoonoses,
Gravely concerned about the loss, through deforestation, of 420 million hectares of
forests between 1990 and 2020, equivalent to approximately 10.34% of the world’s total forest area in
the last 30 years, according to the Food and Agriculture Organization of the United Nations report The
State of the World’s Forests 2022, with associated damage as manifested in droughts, desertification,
and changes to weather patterns, as well as about the severe impact of forest loss on aspects of
human life and on human development, and the fact that deforestation has a multiplying effect on
existing crises in many respects and aspects,
Noting with great concern that deforestation and forest degradation are having an
accelerating severe impact on climate change, with destruction and degradation of forests, including
their soils, accounting for around 15% of global human-induced carbon release on Earth,
Cognizant of the detrimental impact of armed conflicts on forest ecosystems and the
contribution of such conflicts to greenhouse gas emissions,
Regretting that the Russian war of aggression against Ukraine, the largest conflict
currently in existence, accompanied by massive forest fires and resulting in at least 33 million tonnes
of CO2 equivalent emissions, has significantly undermined global efforts to achieve negative carbon
emission balances of forests and to combat climate change,
Aware that the progression of deforestation and forest degradation is one of the main root
causes of increasing biodiversity loss and loss of genetic resources, as forests provide habitat for
80% of amphibian species, 75% of bird species and 68% of mammal species; and that tropical forests
are particularly important as they contain about 50% of all animal and plant species,
Underlining the concrete and existential threat to food security and agriculture caused by
deforestation and forest degradation, with forest destruction having massive regional impacts on
rainfall and consequently on rainfed agriculture, particularly in the Amazon and the African tropics,
Recalling paragraphs 47 and 48 of the Sharm el-Sheikh Implementation Plan adopted at
COP27 in November 2022 pertaining to the provision of adequate and predictable support to
developing-country Parties, in the context of which Parties should collectively aim to slow, halt and
reverse forest cover and carbon loss, in accordance with national circumstances, consistently with the
ultimate objective of the UNFCCC, while ensuring relevant social and environmental safeguards,
Expressing deep concern about the severe damage caused by forest loss to societies
and economies, with an estimated 1.6 billion people, or 20% of the global population, depending on
forests for subsistence, livelihoods, employment and income generation, according to the United
Nations Strategic Plan for Forests 2017–2030,
1. Urges IPU Member Parliaments to provide, in line with their parliamentary tasks, national
regulations and laws that commit to the objective of net zero deforestation, meaning that
when forests or trees are cleared in one area, reforestation or afforestation is ensured in
another area as appropriate, seeking to maintain the same CO2 storage balance and
taking account of the time that different varieties of tree take to grow;
2. Calls on IPU Member Parliaments and their governments to intensify urgent actions to
prevent and halt deforestation and forest degradation, increase forest areas and enhance
the resilience of forest ecosystems, which are among the most cost-effective actions for
mitigating and adapting to climate change, while stressing that reducing deforestation to a
minimum and encouraging climate-focused afforestation avoid the direct emissions from
lost biomass and enable conservation and enhancement of the greenhouse gas
absorbing and capturing capacity of forests;
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3. Urges IPU Member Parliaments and their governments to: expand existing protected
areas and create new ones to protect forest ecosystems in line with the relevant
international commitments; guarantee demilitarization of protected areas, especially in
times of war; establish an appropriate legislative framework for the management of
protected areas and take effective measures to enforce it; and cooperate, where
appropriate, with neighbouring States to ensure better management and functioning of
protected areas;
4. Urges IPU Member Parliaments to ramp up efforts to reforest and even restore degraded
forests in the light of national circumstances, keeping in mind: that forest restoration is an
active attempt to return an area to its previous naturally forested state using native trees;
that non-native trees provide timber that can boost local economies and reduce logging
pressure in native forests; that reforestation, afforestation and agroforestry using native
and/or non-native trees help diversify livelihoods and landscapes to increase land
productivity; that afforestation and restoration of forests can provide significant
environmental, climatic, sociocultural and economic benefits; and that trees provide
shade on agricultural land, prevent extreme sun exposure for the soil and cultivated
plants, cool down temperatures on the ground, influence precipitation and lead to
improved harvest results;
5. Calls on IPU Member Parliaments to promote more productive, efficient and sustainable
agrifood systems by continuing to use existing arable land to reduce the demand for new
agricultural land, maintain forests and secure the multiple benefits that forests provide to
farming systems, keeping in mind that agricultural expansion is driving almost 90% of
global deforestation, that many areas of arable land are not being utilized as efficiently
and productively as possible, and that sustainably increasing productivity will reduce the
pressure on forestland caused by a 35–56% increase in food demand by 2050 due to the
projected growth in the global population to 9.7 billion people;
6. Encourages IPU Member Parliaments to take immediate action to ensure that sustainable
forest management is more beneficial to generating income than deforestation and that
such incomes are regular and high enough for people to sustain a living and compete
with income derived from other land uses, while emphasizing that sustainable forest
management and green value chains prevent the conversion of forest into agricultural
land and support the transition to carbon-neutral economies, and that responsible forest
management can counteract the underlying drivers of deforestation including poverty,
unsustainable production practices and consumption patterns, and can enhance the
adaptability and resilience of forests to the impact of climate change while creating green
jobs, especially in developing countries;
7. Recommends that IPU Member Parliaments create shared value from collective efforts
through experience-sharing and technological transfer to promote the following:
application of the principles of the circular economy in the use of wood; reforestation to
expand the use of sustainable wood; substituting non-renewable or emissions-intensive
materials, such as cement and concrete, in construction with sustainably grown wood
products; increasing the lifespan of wood products to address growing demand; reducing
waste through more efficient processing and the cascading use of forest products;
advancing green technology; changing consumption patterns; and facilitating a transition
to more circular and green economies;
8. Invites IPU Member Parliaments to review and improve forest-related legislation,
strengthen forest law enforcement, and promote good governance at all levels in order to
support sustainable forest management, and to combat and eradicate illegal practices in
forest-related sectors;
9. Calls on IPU Member Parliaments to: adopt strategies and a systematic review and
self-monitoring system that will allow governments to increase the value of the
conservation and restoration of forests, especially of rainforests and boreal forests;
emphasize the global value of the ecosystem services and natural resources of forests;
and highlight that national, regional or international emissions trading schemes, such as
the European Union Emissions Trading System or the Kyoto Protocol emissions trading
scheme, are beneficial instruments for mobilizing private capital to finance forest
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protection and afforestation, including the use of removal units on the basis of land use,
land-use change and forestry (LULUCF) activities such as reforestation, with an
emphasis on maintaining the highest environmental and climate integrity of such
schemes;
10. Invites IPU Member Parliaments to call on their governments to consider ecological fiscal
reforms, to introduce policy initiatives to promote responsible consumption and
production of forest-related goods, and to repurpose agricultural subsidies to include
agroforestry and sustainable forestry, keeping in mind that policy instruments can be
used strategically to create market incentives for responsible and sustainable forest
management and to reorient incentives to boost green markets and financing;
11. Encourages IPU Member Parliaments to ensure that the objective of net zero emissions
is incorporated in national economic, environmental and climate strategies, reaffirming
the goals agreed upon in the Paris Agreement to hold the increase in the global average
temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the
temperature increase to 1.5°C above pre-industrial levels, largely through ambitious
efforts to: reduce greenhouse gas emissions to a minimum, and remove residual
emissions from the atmosphere by, inter alia, protecting and restoring natural sinks like
forests, soil and peatlands or through negative emission technologies such as direct air
capture, and bioenergy with carbon capture and storage;
12. Recommends that IPU Member Parliaments: scale up action to phase down unabated
coal power and phase out inefficient fossil fuel subsidies, especially for lignite and coal,
which often require extensive logging; bear in mind the principle defined within the
UNFCCC, and reconfirmed in the Paris Agreement, of common but differentiated
responsibilities and respective capabilities in the light of different national circumstances;
and direct global development policy in supporting developing countries that plan to
construct coal-fired power plants to instead consider renewable energy power plants
allowing the same energy production while also protecting energy, job security, climate
and forests;
13. Calls on IPU Member Parliaments to intensify efforts to reduce the use of charcoal as an
energy source and to promote sustainable, cost-effective, viable, renewable and
carbon-neutral alternatives such as solar, hydro, geothermal, wind and nuclear power,
bearing in mind the considerable forest loss and CO2 emissions resulting from charcoal
being the major source of energy in many developing countries with limited access
to energy;
14. Urges IPU Member Parliaments to: take into account the needs and knowledge of local
communities, including forest dwellers, forest-dependent people and Indigenous people,
as per national norms in sustainable forest management, which are integral to the fight
against climate change; acknowledge that indigenous peoples and local communities
have been sustainably managing forests for millennia, using practices based on
indigenous knowledge systems, enabling them to fulfil their needs without undermining
the capacity of the ecosystems and forests in which they live; reaffirm that land-tenure
rights for Indigenous peoples and local communities should be protected and enforced as
appropriate; and emphasize that forest restoration preserves the territories and resources
of indigenous people and lowers the pressure on declining forests in terms of firewood
extraction, illegal logging and charcoal production;
15. Also urges IPU Member Parliaments to ensure that forest conservation practices and
other nature-based climate solutions promote and respect the inherent rights of
Indigenous people related to their traditional territories, including their right to be
consulted and accommodated when measures and actions might adversely impact them,
their lands or their resources;
16. Invites IPU Member Parliaments to: take action to strengthen their common
understanding of forests, their sustainable management and climate protection, taking
into account national and regional conditions, including as a matter of intergenerational
equity and solidarity; engage the educational sector and local communities in
reforestation, through a multi-level strategy and multi-stakeholder approach, as a key to
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sustainable and inclusive economic growth; make sure that appropriate educational
programmes on forests are implemented and included in school curricula; promote
educational efforts with young people and include future generations in climate protection
measures so that they are aware of the need to protect forests and the environment and
the ways in which it can be done, keeping in mind that it is the children and young people
of today and tomorrow who will bear the consequences as climate change intensifies and
who thus wish to actively engage in efforts to address climate change; and ensure that
gender-sensitive approaches and tools are mainstreamed to provide men and women
with an equal opportunity to participate in and benefit from sustainable forest
management while also ensuring the engagement of young people in forest-related
decision-making;
17. Urges IPU Member Parliaments to set up mechanisms for agricultural extension services
as intermediaries between researchers and farmers to explain the devastating effects of
deforestation, train local populations in good agricultural practices, encourage farmers to
adopt new, improved methods of farming, help farmers in their decision-making, and
ensure that appropriate knowledge is implemented to obtain the best results with regard
to sustainable production and rural development, while stressing the need for further
investment in agronomy in tropical areas so that inputs like seeds and nutrients as well as
training and access to markets can be provided;
18. Recommends that IPU Member Parliaments use their legislative powers to support
incentives for local people and entrepreneurs in green economic employment and
investment, as well as to enhance the balance of economic development at all levels,
namely for individuals, families, communities and societies, and to pursue green growth
strategies and the benefits of the sharing economy by taking into consideration social,
cultural and environmental contexts for life-long learning, resilience and inclusive growth;
19. Requests that IPU Member Parliaments allocate a sufficient national budget in terms of
investing in research and development for leveraging technology like cross-breeding of
trees that are high-performing, have fast-growing roots and possibly promote forest
rejuvenation and regeneration, and hence CO2 storage capacity and climate resilience or
the diversification and combination of tree varieties in forest plantations, in order to take
advantage of the existing complementary characteristics of different species;
20. Encourages IPU Member Parliaments to provide an appropriate national budget to ramp
up efforts to mobilize and invest in digital technologies and broadband services that
provide access for households in rural and remote areas to online information about
sustainable land use and forestry income opportunities, bearing in mind the importance of
creating awareness about the need for sustainable forest management;
21. Strongly urges IPU Member Parliaments to maintain peaceful relations among
themselves, to respect State sovereignty and State territory, and to take concerted and
united action, despite political, economic and social differences, to bring a rapid end to
wars of aggression around the world, bearing in mind that violent conflicts and wars, as
well as mines, may lead to the destruction and contamination of ecosystems such as
forests that are important not only for the people living in them but also for humankind as
a whole;
22. Urges IPU Member Parliaments to foster enhanced coherence, collaboration and
synergies among themselves and with national and international bodies and partners in
working towards the common goals set out in this resolution, and to facilitate enhanced
support and partnerships, including in terms of financial resources, technology transfer
and capacity-building, in order to assist developing countries in promoting forest
ecosystems, sustainable afforestation and agroforestry, as well as people’s well-being;
23. Requests that the IPU Secretary General transmit the present resolution to IPU Member
Parliaments, the United Nations Secretary-General and all relevant institutions;
24. Encourages IPU Member Parliaments to take suitable measures as per national
circumstances to achieve the implementation of this resolution.


146th IPU Assembly
Manama (11–15 March 2023)
#IPU146
Manama Declaration
Promoting peaceful coexistence and inclusive societies:
Fighting intolerance
Endorsed by the 146th IPU Assembly
(Manama, 15 March 2023)
We, Members of Parliament from around the world, gathered at the 146th IPU Assembly in Manama,
Bahrain, are deeply aware of the dangers that hate, intolerance, exclusion and violence in all their forms
pose to the very foundations of democracy and to the social contract that holds our societies together.
Consumed by greed and competition, our world is facing social and economic inequalities on an
unprecedented scale. Heightened economic insecurity is breaking communities apart and leaving
growing numbers of people socially isolated, fending for themselves and often with inadequate access to
public service delivery and social safety nets.
Inequality and economic insecurity can give rise to anger and frustration in communities everywhere.
The dignity intrinsic to every human being can be undermined by factors such as poverty, the denial of
inalienable economic, social, cultural, civil and political rights, violations of the rule of law, discrimination
against women, lack of inclusion of youth, and the de facto exclusion from politics of the most vulnerable
and marginalized.
Xenophobia, racism, intolerance, negative stereotyping, stigmatization, discrimination and extremist
narratives are all expressions of this deep malaise in our societies. They manifest themselves in hate
speech or outright violence in various forms against migrants, people with disabilities, and national,
ethnic, religious, linguistic or other marginalized groups perceived as a threat to the established order.
They can also be expressed in the desecration of religious sites and symbols, actions which are deeply
offensive to people of faith. We, however, recognize the diversity within our communities as a source of
enrichment, and we reaffirm the fundamental rights and freedoms of all people, as enshrined in the
Universal Declaration of Human Rights.
Regrettably, some in positions of influence in society seek to exploit the vulnerabilities of others, sowing
hatred and division as a way to advance their own interests. Digital platforms designed to facilitate social
interaction and communication are being misused to micro-target, amplify and spread disinformation and
ill intent against others. The ease with which some of these voices speak in total disregard of the truth
carries profound dangers for democracy. Most worryingly, their words can be a direct cause of violence
and intolerance within communities and between nations.
We can respond to these challenges by encouraging collaborative networks promoting dialogue and joint
projects in service to the community, by creating channels for conflict prevention and mediation, by
promoting moderation, by advancing education and awareness building, and by encouraging community
and religious leaders to contribute to these objectives. We commit to speaking out against intolerance
and especially any advocacy of hatred that constitutes discrimination, hostility or violence. We will also
assist in the resolution of conflict through the exercise of parliamentary diplomacy.
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With all this in mind, we consider it our unique responsibility, as parliamentarians, to speak and act
responsibly towards all people, particularly those who disagree with us, and in ways that bring
people together peacefully in pursuit of the common good. We affirm that societies that are
inclusive and just, and in which rights are upheld, are more likely to be cohesive, peaceful and
democratic. We pledge to fight inequality through rights-based economic and social policies that
put people before profit and the weak before the strong, and that uphold the equality and dignity of
every person. We reaffirm the urgent need to implement the Sustainable Development Goals
by 2030 – leaving no one behind – as our best hope for peace, democracy and sustainable
development for all.
More concretely, we are committed to utilizing our law-making, representative and oversight
functions towards the following objectives:
- Make hate-motivated acts and all forms of violence linked to religion, belief, xenophobia,
racism, or intolerance of marginalized groups an offence under the law.
- Invest in education for all and at all levels, including peace education and “education for
democracy”, pursuant to the United Nations General Assembly resolutions by this name.
- Make parliamentary proceedings consistently open to the input of relevant civil society
organizations and community groups representative of the diversity of society.
- Engage in constructive, respectful dialogue with parliamentarians of all political persuasions,
both nationally and internationally.
- Ensure that national statistical institutes and research bodies produce up-to-date
disaggregated data to assist with the formulation of inclusive economic and social policies.
- Perform self-assessments of the inclusivity of our parliaments and take active measures to
increase the representation in our parliaments of women and youth, as well as of
underrepresented national, ethnic, religious, linguistic, and other marginalized and
vulnerable communities.
- Uphold the rights of migrants, refugees and stateless people, as particularly vulnerable
groups, consistent with international conventions.
- Regulate digital platforms and other media to diminish the risk of hate speech and various
forms of disinformation while protecting the fundamental right of free speech as a bulwark of
democracy.
- Protect cultural sites as expressions of our common heritage, as well as holy sites, places of
worship and religious symbols as expressions of different religions and beliefs.
- Promote interaction with relevant UN organizations working for interfaith and intercultural
dialogue, and support UN peacekeeping and mediation efforts.
We pledge to take this Declaration forward through concrete actions and in accordance with the
core values of the IPU as outlined in its current Strategy.


146th IPU Assembly
Manama (11–15 March 2023)
Governing Council CL/211/14(c)-R.2
Item 14(c) Manama, 15 March 2023
Committee on the Human Rights of
Parliamentarians
Decision adopted by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
CONTENTS
Page
• Cambodia: 38 parliamentarians
Decision .............................................................................................................. 1
• Democratic Republic of the Congo: Mr. Niango Munshemvula Papy
Decision .............................................................................................................. 5
• Democratic Republic of the Congo: Two parliamentarians
Decision .............................................................................................................. 8
• Eswatini: Three parliamentarians
Decision .............................................................................................................. 11
• Iraq: Mr. Ahmed Jamil Salman Al-Alwani
Decision .............................................................................................................. 15
• Libya: Ms. Seham Sergiwa
Decision .............................................................................................................. 18
• Pakistan: Mr. Muhammad Ali Wazir
Decision ............................................................................................................... 22
• Senegal: Mr. Khalifa Ababacar Sall
Decision ............................................................................................................... 25
• Senegal: Mr. Ousmane Sonko
Decision ............................................................................................................... 27
• Somalia: Ms. Amina Mohamed Abdi
Decision ............................................................................................................... 30
E
#IPU146
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Manama, 15 March 2022
• Uganda: Two parliamentarians
Decision .............................................................................................................. 32
• Uganda: Ms. Betty Nambooze
Decision .............................................................................................................. 35
• Uganda: Ms. Anna Adeke Ebaju
Decision .............................................................................................................. 37
• Venezuela: 135 parliamentarians
Decision .............................................................................................................. 39
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Manama, 15 March 2023
Cambodia
Decision adopted by consensus by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023) 1
Former Cambodia National Rescue Party (CNRP) leader Kem Sokha arrives at
the Phnom Penh municipal court for his trial in Phnom Penh on 22 January
2020. TANG CHHIN Sothy/AFP
KHM-48 - Mu Sochua (Ms.) KHM-76 - Ky Wandara
KHM-49 - Keo Phirum KHM-78 - Lim Bun Sidareth
KHM-50 - Ho Van KHM-79 - Lim Kimya
KHM-51 - Long Ry KHM-80 - Long Botta
KHM-52 - Nut Romdoul KHM-82 - Mao Monyvann
KHM-53 - Men Sothavarin KHM-83 - Ngim Nheng
KHM-56 - Kong Sophea KHM-84 - Ngor Kim Cheang
KHM-57 - Nhay Chamroeun KHM-86 - Ou Chanrith
KHM-58 - Sam Rainsy KHM-87 - Pin Ratana
KHM-59- Um Sam Am KHM-90 - Sok Umsea
KHM-60 - Kem Sokha KHM-91 - Son Chhay
KHM-62 - Chea Poch KHM-92 - Suon Rida
KHM-65 - Dam Sithik KHM-93 - Te Chanmony (Ms.)
KHM-66 - Dang Chamreun KHM-94 - Tioulong Saumura (Ms.)
KHM-67 - Eng Chhai Eang KHM-95 - Tok Vanchan
KHM-68 - Heng Danaro KHM-96 - Tuon Yokda
KHM-69 - Ke Sovannroth (Ms.) KHM-99 - Vann Narith
KHM-72 - Khy Vanndeth KHM-101 - Yim Sovann
KHM-73 - Kimsour Phirith KHM-102 - Yun Tharo
1 The delegation of Cambodia expressed its reservations regarding the decision.
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CL/211/14(c)-R.2
Manama, 15 March 2023
Alleged human rights violations
 Violation of freedom of opinion and expression
 Violation of freedom of assembly and association
 Abusive revocation of the parliamentary mandate
 Lack of due process at the investigation stage
 Lack of fair trial proceedings and excessive delays
 Failure to respect parliamentary immunity
 Violation of freedom of movement
 Threats, acts of intimidation
 Torture, ill-treatment and other acts of violence
 Impunity
 Arbitrary arrest and detention
 Inhumane conditions of detention
A. Summary of the case
On 16 November 2017, the Supreme Court dissolved the
sole opposition party in Cambodia, the Cambodian National
Rescue Party (CNRP). It also banned 118 CNRP members
(including all 55 CNRP members of the National Assembly)
from political life for five years with no possibility of appeal.
Their parliamentary mandates were immediately revoked,
and their seats reallocated to non-elected political parties
allegedly aligned to the ruling party. The Supreme Court
decision was based on charges of conspiracy with a foreign
country to overthrow the legitimate government brought
against the President of the CNRP, Mr. Kem Sokha.
Seventeen former parliamentarians subsequently fled Cambodia and went into exile. The dissolution of
the CNRP left the ruling Cambodian People’s Party (CPP) – and Prime Minister Hun Sen – with no
viable challengers in the February and July 2018 elections to the Senate and National Assembly.
The dissolution of the CNRP took place against the backdrop of long-standing and repeated threats
and groundless criminal charges against its members of parliament. They had been repeatedly
warned by the Prime Minister that their only choice was to join the ruling party or be prepared for the
dissolution and ban of their party.
Mr. Kem Sokha, who became CNRP Acting President after its President, Mr. Sam Rainsy, went into
exile in 2015, is accused of attempting to topple the Government on the basis of a 2013 speech he made
on television in which he called for peaceful political change in Cambodia, without at any point inciting
violence or hatred or uttering defamatory words. Mr. Kem Sokha, who is currently on bail, faces a
30-year prison term on treason charges and is reportedly banned from taking part in political life, as well
as from leaving Cambodia. Mr. Kem Sokha’s trial began in January 2020, but was suspended in March
2020 and resumed only in January 2022. On 3 March 2023, the Phnom Penh Municipal Court found him
guilty of treason and sentenced him to a 27-year prison sentence to be served in the form of house
arrest, and indefinitely suspended his political rights to vote and to stand for election.
Seventeen other parliamentarians, who have all been forced into exile abroad, had previously been
sentenced in one or more of the following mass trials against CNRP members in the last two years:
Ruling of 14 June 2022 – plotting and incitement: This ruling concerns 60 CNRP politicians and
supporters, including 12 former CNRP leaders who were convicted in absentia on charges of plotting
and incitement and were handed prison sentences of eight years. This case relates to Mr. Rainsy’s
failed attempt to return to Cambodia in November 2019 and the alleged plan to gather supporters both
in the country and overseas to accompany him, as well as the establishment of the Cambodia National
Rescue Movement abroad. The evidence mostly comprised Facebook posts expressing support for
the former opposition party or democratic principles. No clear links were apparently made between the
admitted evidence, each individual defendant and each element of the charges, and the judge
reportedly failed to provide any reasoning in the decision.
Case KHM-Coll-03
Cambodia: Parliament affiliated to the IPU
Victims: 38 former opposition
parliamentarians (34 male and four female)
Qualified complainant(s): Section I.(1)(c)
of the Committee Procedure (Annex I)
Submission of complaint: November 2011
Recent IPU decision: October 2022
IPU mission: February 2016
Recent Committee hearing: Hearings with
the Cambodia delegation to the 146th
IPU
Assembly (March 2023)
Recent follow-up:
- Communication from the authorities:
Letter from the Secretary General of the
National Assembly (March 2023)
- Communication from the complainant:
September 2022
- Communication to the authorities: Letter
to the Secretary General of the National
Assembly (March 2023)
- Communication to the complainant:
March 2023
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Manama, 15 March 2023
Ruling of 17 March 2022 on charges of plotting, incitement and inciting military personnel to
disobedience: This ruling concerns 21 senior CNRP leaders, including seven CNRP
parliamentarians, as well as their supporters. The trial covered multiple issues, including the formation
of the overseas Cambodia National Rescue Movement in 2018 and critical comments made by former
CNRP officials about the COVID-19 pandemic. In court, several accused recanted their prior
testimonies, alleging they were given under duress. The seven parliamentarians were found guilty of
the charges and sentenced in absentia to 10 years in prison.
Ruling of 1 March 2021 – plotting and incitement: The case concerns nine CNRP leaders, all
CNRP parliamentarians, who were found guilty of carrying out an attack against Cambodian
institutions or territorial integrity, with the Prosecution accusing the group of an attempted coup as it
presented evidence of speeches about raising funds to support defecting soldiers. The members of
parliament were sentenced in absentia to 20 to 25 years in prison and stripped of their right to vote,
stand for election or be a public official, and were ordered to pay a sizeable fine.
With regard to these trials, the United Nations (UN) Special Rapporteur on the human rights situation
in Cambodia, in his report of 18 August 2022 (A/HRC/51/66), stated that: “Mass trials, particularly of
individuals from the main opposition party and those seen to be antithetical to the dominant power
base, have caused great concern and stifled the possibility of political pluralism […] Irregularities
inherent in these trials include the lack of credible evidence, failings concerning respect for fair trial
rights and due process guarantees, and the fact that several of the so-called accused are being tried
in absentia in breach of human rights guarantees”.
With regard to the independence and transparency of the judiciary and prosecutors, the Special
Rapporteur stated in the same report that, “This is a long-standing issue referred to decades ago in
earlier United Nations resolutions on Cambodia. There is a more recent turn, however, in that some
judicial and related personnel have close links with the political party in power; for instance, they might
sit on various key committees of the party”.
Among a series of recommendations, the Special Rapporteur suggested that the Cambodian
authorities “open up the political and civil space in preparation for the national elections in 2023, in
particular to ensure a genuine multiparty system, free and fair elections, checks and balances against
power abuse, and guarantees for people’s participation and shared power; […] suspend and reform
laws, policies and practices that are antithetical to human rights, including the State of Emergency
Law, […], various laws impeding freedom of expression, other freedoms and the work of NGOs, and
laws on political parties and related elections; open up to political pluralism and ensure the separation
of powers and functions, especially in order to safeguard the judiciary from executive seepage”.
Similarly, the UN Human Rights Committee, which supervises the implementation of the International
Covenant on Civil and Political Rights to which Cambodia is a party, in its concluding observations
adopted at its 134th session (28 February–25 March 2022), echoed these findings and
recommendations in great detail.
On 7 October 2022, the Phnom Penh Court sentenced Mr. Son Chhay, a former member of the CNRP
and now the Vice-President of the opposition Candlelight Party, in two cases to pay the CPP and the
National Election Committee 3 billion riels and 17 million riels (US$ 754,250) in damages, having
found him guilty of defamation for saying that voting fraud had occurred during the June 2022
commune elections, allegations that were supported and substantiated by other entities at the national
and international levels. On 16 January 2023, Mr. Thach Setha, Vice-President of the Candlelight
Party, was arrested over complaints of having written bad cheques, an accusation he denied and
considers to amount to intimidation.
On 19 October 2022, Mr. Rainsy was sentenced to life imprisonment, allegedly for trying to cede four
Cambodian provinces to a foreign state. The conviction and sentence referred to Mr. Rainsy’s meeting
in the United States in 2013 with the Montagnard Foundation, an organization that works to protect the
rights of indigenous minorities in Viet Nam. Mr. Rainsy had promised to defend the rights of
Cambodian indigenous people during the meeting. He has since dismissed the charges and sentence
as bogus saying that he had not ceded territory to any country but only recognized the rights of the
indigenous people called Khmer Leu in the north-east of Cambodia.
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In a hearing with the CHRP, the leader of the Cambodian delegation to the 146th IPU Assembly
(March 2023) renewed the invitation to the CHRP to send a delegation to Cambodia to discuss its
concerns and questions with all relevant stakeholders. He stated that much progress had been made
in Cambodia to uphold liberal democracy, pointing out, among other things, that 45 political parties
had registered with the Ministry of the Interior and most parties have shown their interest in
participating in the elections for the National Assembly, scheduled for 23 July 2023, that 17 political
parties had won seats in the June 2022 local elections, hence ensuring political pluralism, and that
over a thousand media outlets were operating in Cambodia. Regarding the recent revocation of the
licence of the Voice of Democracy, considered to be one of the few remaining independent media
outlets in Cambodia that reports on sensitive issues, the leader of the Cambodian delegation said that,
recently, the media outlet had reported erroneously on a matter whereby it had broken the law and,
consequently, its licence was revoked.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the leader of the Cambodian delegation for the information provided and his spirit of
cooperation;
2. Is pleased to learn that the invitation extended by the leader of the Cambodian delegation for an
IPU delegation to travel to Cambodia to discuss its long-standing concerns in this case is still in
place; regrets, nevertheless, that since the invitation was first formulated in November 2021 no
concrete progress has been made towards identifying dates that suit the Cambodian authorities;
and sincerely hopes that they can swiftly provide the necessary clarity so that the mission can
take place well before the forthcoming elections for the National Assembly;
3. Is deeply concerned about the sentencing of Mr. Sokha to a lengthy prison term to be served in
the form of house arrest; and recalls in this regard that the main evidence provided against
Mr. Kem Sokha are videos of a 2013 speech in which he at no point incited hatred or violence
or uttered defamatory words but, rather, emphasized that he was aiming to bring political
change by winning the elections;
4. Is also deeply concerned that Mr. Rainsy was recently sentenced to life imprisonment allegedly
in connection with work he did to promote the rights of indigenous groups in Cambodia;
questions the factual and legal basis for his conviction and sentence; and wishes to receive all
the necessary details from the Cambodian authorities in this regard;
5 Considers that these developments have to be seen in the context of other serious steps taken
in recent years against the opposition, in particular the mass trial verdicts in 2021 and 2022 that
are preventing the affected 17 senior CNRP parliamentarians from freely returning to Cambodia
and taking part in the electoral process, and the actions taken against leaders of the Candlelight
Party, most notably the defamation verdict against Mr. Chhay, with crippling effects on freedom
of speech;
6. Stresses that the mission to Cambodia provides an excellent and timely opportunity to discuss
these matters with the Cambodian authorities against the backdrop of the forthcoming elections
for the National Assembly and the need for them to be truly free and fair, and inclusive of all
voices in Cambodian society; expresses the hope that for this purpose the authorities will also
resume political dialogue urgently with all opposition parties, both in and outside of Cambodia,
and urges them to do so, in the belief that this is indispensable to help build trust and find
solutions to the current political situation;
7. Requests the Secretary General to convey this decision to the parliamentary authorities, the
complainant and any third party likely to be in a position to help with the successful organization
of the mission;
8. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Democratic Republic of the Congo
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
© Papy Niango Iziamay Munshemvula
COD-151 – Papy Niango Iziamay Munshemvula
Alleged human rights violations
 Threats, acts of intimidation
 Lack of due process at the investigation stage
 Right of appeal
 Violation of freedom of opinion and expression
 Abusive revocation or suspension of the parliamentary
mandate
 Abusive application of parliamentary sanctions
 Other
A. Summary of the case
On 15 June 2022, the mandate of Mr. Papy Niango Iziamay
Munshemvula (Mr. Niango), an opposition member of
parliament at the time of the alleged facts, was invalidated for
absenteeism following a report issued by an ad hoc special
committee created on 28 April 2022 and tasked with
examining reports of unauthorized and unjustified absences
at National Assembly plenary sittings by several members of
parliament, including Mr. Niango.
According to the complainant, the criteria that the special
committee was meant to take into account in assessing which
cases of absence should be sanctioned and which should not, including cases of absence for medical
reasons, as in Mr. Niango’s case, had not been clearly established. Mr. Niango reportedly tested
positive for COVID-19 in January 2021 and his condition stabilized at the end of February of the same
year. A certificate dated 1 March 2021 from the Department of Internal Medicine of the Faculty of
Medicine of the University of Kinshasa states that he that he “was admitted to specialist consultations
in cardiovascular diabetology at the University Clinics of Kinshasa, for a serious medical problem”.
The certificate shown recommended medical rest of three months, until 30 May 2021, and from 10
October to 26 November. After the end of his first medical rest period, Mr. Niango was unable to
resume his parliamentary activities, as his health remained fragile. Another medical certificate dated
Case COD-151
Democratic Republic of the Congo:
Parliament affiliated to the IPU
Victim: An opposition member of
parliament
Qualified complainant(s): Section I.1(a) of
the Committee Procedure (Annex I)
Submission of the complaint: October
2022
Recent IPU decision(s): - - -
Recent IPU mission(s): - - -
Recent Committee hearing(s): - - -
Recent follow-up:
- Communication(s) from the authorities:
- - -
- Communication from the complainant:
February 2023
- Communication to the authorities:
February 2023
- Communication to the complainant:
February 2023
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CL/211/14(c)-R.2
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28 April 2022 stated that Mr. Niango had been hospitalized at the Kinshasa Medical Centre from 7 to
15 November 2021 and that his state of health upon discharge from the hospital required medical rest
of 14 days, from 16 to 29 November 2021.
After receiving an invitation from the special committee, Mr. Niango reportedly appeared before its
members on 28 April 2022, armed with the justifications for his absence from the plenary sittings of the
National Assembly for the above-mentioned health reasons. Mr. Niango was heard by the said
committee on the same occasion, which made no negative comments regarding his defence and the
supporting documents that he had presented during his hearing. On 29 April 2022, Mr. Niango sent a
letter to the chair of the special committee reminding him of the reasons for his absences and
providing the required supporting documents.
Despite the medical certificates provided, the special committee recommended the invalidation of
Mr. Niango's parliamentary mandate for absenteeism in a report that it reportedly did not forward to
him. Moreover, this report was purportedly not circulated within the National Assembly, thus
preventing a proper examination of the committee's deliberations. On 15 June 2022, the Bureau of the
National Assembly reportedly examined the special committee’s report during a plenary session held
in camera and decided to invalidate Mr. Niango's mandate in accordance with the provisions of
rule 95(6) of the Standing Orders of the National Assembly, which stipulates that “the mandate of a
member of parliament is terminated by unjustified and unauthorized absence from more than one
quarter of the sittings of a session”. On 22 June 2022, Mr. Niango’s lawyer reportedly made an official
request to receive a copy of the report that had led to the invalidation of the former member of
parliament’s mandate. On 25 June 2022, the rapporteur of the National Assembly acknowledged
receipt of this request, stating that, “given that this matter is within the jurisdiction of another body, I
will unfortunately not be able to grant your request”.
According to the complainant, the National Assembly invalidated Mr. Niango's mandate in violation of
Articles 19(3) and 61 of the Constitution, which guarantee the rights of defence, insofar as the National
Assembly adopted the conclusions of the special committee’s report without having first heard
Mr. Niango. The National Assembly also allegedly decided to submit the invalidation of Mr. Niango’s
mandate to voting by a show of hands, in disregard of rule 93(3) of the Standing Orders of the
National Assembly, which stipulates that “in the event of deliberations concerning individuals, the vote
shall be by secret ballot”.
The invalidation procedure and the creation of the special committee to examine Mr. Niango’s
unjustified absences are said to be an attempt to silence him and several other opposition members
and are part of repressive measures taken against them. Mr. Niango has also initiated a petition
against the Speaker of the National Assembly for poor conduct of discussions and disorder in the
functioning of parliamentary committees and groups. The impeachment motion was reportedly signed
by 132 members of parliament but was not tabled because the National Assembly mail service was
apparently closed. The tensions linked to the invalidation of the mandate of Mr. Niango and other
parliamentarians and the threats made by the Speaker of the National Assembly against them also
reportedly prevented the filing of the petition.
Mr. Niango lodged an appeal with the Bureau of the National Assembly against the decision to
invalidate his mandate. No action was reportedly taken following this appeal. Mr. Niango has not been
a member of parliament since the Democratic Republic of the Congo parliamentary elections in July
2022.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Notes that the complaint concerning the case of Mr. Papy Niango Iziamay Munshemvula
(Mr. Niango) 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 threats, acts of intimidation, lack of due process at the
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Manama, 15 March 2023
investigation stage, lack of right of appeal, violation of freedom of opinion and expression,
abusive revocation or suspension of the parliamentary mandate, and abusive application of
parliamentary sanctions, and other violations, allegations that fall under the Committee’s
mandate;
2. Regrets the lack of response from the parliamentary authorities concerning Mr. Niango’s case;
and invites the authorities to provide their observations in this case;
3. Is concerned at the allegation that the report of the special committee tasked with examining
cases of unauthorized and unjustified absences was not forwarded to the complainant, thus
depriving him of his right to know the exact grounds for the decision to recommend the
invalidation of his mandate in the National Assembly; also wonders why the National Assembly
is not sharing the report drawn up by the special committee with Mr. Niango; therefore wishes to
receive a copy of the report in order to understand the reasons behind the invalidation of
Mr. Niango's parliamentary mandate and the exact periods of absence in question;
4. Notes with concern the complainant's allegations that the invalidation of Mr. Niango's
parliamentary mandate is linked to his open opposition to the Speaker of the National Assembly
and to the impeachment motion he initiated against him; stresses that the invalidation of the
parliamentary mandate should be in accordance with a clear procedure that complies with the
provisions of the Standing Orders of the National Assembly and constitutional principles; and
calls on the parliamentary authorities to examine Mr. Niango's appeal as soon as possible and
to provide the requisite remedies if the alleged violations are proven;
5. Notes that Mr. Niango's situation is not an isolated case insofar as cases of invalidation for
various reasons have already been submitted to the Committee in the past and continue to be
examined by it; also notes that his case is part of a hostile political context vis-à-vis dissenting
opposition voices; and encourages the Congolese authorities in this election year, when
tensions may lead to further violations against members of the opposition, to take all necessary
steps to guarantee the fundamental rights of all members of the National Assembly, former and
current, irrespective of their political affiliation, in order to ensure that invalidation of the
parliamentary mandate is not used to dismiss members for their political ideas;
6. 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;
7. Requests the Committee to continue examining this case and to report back to it in due course.
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Democratic Republic of the Congo
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Crispin Ngbundu Malengo Martin Kabuya Mulamba-Kabitanga
COD-152 – Martin Kabuya Mulamba-Kabitanga
COD-153 – Crispin Ngbundu Malengo
Alleged human rights violations
 Excessive delays
 Violation of freedom of opinion and expression
 Violation of freedom of assembly and association
 Other acts obstructing the exercise of the parliamentary
mandate
A. Summary of the case
Mr. Martin Kabuya Mulamba-Kabitanga and Mr. Crispin Ngbundu
Malengo were elected in the legislative elections held in
December 2018. Upon accepting positions as provincial
governors, deemed incompatible with their parliamentary
mandates, they were reportedly suspended in April 2019 and
replaced by their alternates.
In June and December 2020, Mr. Malengo and Mr. Kabuya were
stripped of their governorship. Believing that the motions of
impeachment against them were unfounded, the two governors
filed a complaint with the Constitutional Court. In January and
March 2021, the Constitutional Court dismissed Mr. Kabuya and
Mr. Malengo who, having officially lost their governorships,
initiated a procedure to be reinstated in their parliamentary
functions. To this end, on 13 July 2021, legal counsel for the
former members of parliament lodged a submission with the Constitutional Court requesting it to
interpret the meaning and scope of paragraphs 1, 2 and 3 of Article 110 of the Constitution of
18 February 2006, amended by Law No. 11/002 of 20 January 2011, which list situations requiring the
suspension of a parliamentary mandate, the acceptance of a political function that is incompatible with
the exercise of a parliamentary mandate being one such situation.
On 1 March 2022, the Constitutional Court issued its ruling No. 1606 in which it clarified its position on
the suspension of mandates saying that the latter “applies to any acceptance of an incompatible
political office, whether elective or nominative, as envisaged under the Constitution amended on
Case COD-COLL-03
Democratic Republic of the Congo:
Parliament affiliated to the IPU
Victims: Two majority members of
parliament
Qualified complainant(s): Section I.1 (a)
of the Committee Procedure (Annex I)
Submission of the complaint: October
2022
Recent IPU decision(s): - - -
Recent IPU mission(s): - - -
Recent Committee hearing(s): - - -
Recent follow-up:
- Communication(s) from the
authorities: - - -
- Communication from the complainant:
February 2023
- Communication to the authorities:
Letter to the Speaker of the National
Assembly (February 2023)
- Communication to the complainant:
February 2023
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Manama, 15 March 2023
20 January 2011. In this case, therefore, the parliamentarian whose mandate had been suspended
can be reinstated immediately and rightfully in parliament, provided that during this same legislature,
as provided in paragraph 6 of the interpreted article, the said parliamentarian or alternate has not
deliberately left the political party on behalf of which they had obtained their mandate”. Thus, in its
ruling No. 1606 of 1 March 2022, the Constitutional Court definitively ruled on the right of the two
members of parliament to resume their parliamentary mandates stating that “the members of
parliament whose mandates have been suspended must take up their place in parliament”. The
complainants pointed out that, according to Article 168(1) of the Constitution, “The judgments of the
Constitutional Court are not subject to appeal and are immediately enforceable. They are binding on
the public authorities, on all administrative and judicial, civil and military authorities and on private
individuals”. Reportedly, however, the parliamentary authorities have not enforced the Constitutional
Court’s ruling No. 1606.
According to the documents submitted by the complainants, in a letter dated 14 March 2022
addressed to Mr. Kabuya, the Speaker of the National Assembly acknowledges the Constitutional
Court’s ruling. However, although the parliamentary authorities had taken note of the Constitutional
Court's ruling on the right to resume their parliamentary mandates, the two former members of
parliament were reportedly unable to sit in the National Assembly and did not receive their allowances.
Following the legislative elections in the Democratic Republic of the Congo in July 2022, Mr. Kabuya
and Mr. Ngbundu are no longer members of parliament.
B Decision
The Governing Council of the Inter-Parliamentary Union
1. Notes that the complaint concerning the situation of Mr. Martin Kabuya Mulamba-Kabitanga and
Mr. Crispin Ngbundu Malengo 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 two incument members of parliament at
the time of the alleged facts; (iii) concerns excessive delays, violation of freedom of opinion and
expression, violation of freedom of assembly and association, and other acts obstructing the
exercise of the parliamentary mandate, allegations which fall under the Committee’s mandate;
2 Regrets the lack of response from the parliamentary authorities concerning the cases of
Mr. Kabuya and Mr. Ngbundu; and invites the authorities to provide their observations in these
cases;
3. Takes note of Constitutional Court Ruling N° 1606 of 1 March 2022, which ruled in favour of the
reinstatement of former members of parliament in their parliamentary functions insofar as the
political function they held had indeed ended while their parliamentary mandate was still valid;
and notes with concern that the said ruling has not been executed despite the fact that the
parliamentary authorities were allegedly notified thereof by the complainants and despite the
immediate enforceability of Constitutional Court's rulings;
4. Wishes to receive information on the reasons that have prevented the parliamentary authorities
from implementing the Constitutional Court’s ruling by terminating the suspension of the two
former members of parliament and paying them their exit allowances; and calls on the
parliamentary authorities to ensure that Mr. Kabuya and Mr. Ngbundu obtain redress for the
damage suffered;
5. Notes that Mr. Kabuya’s and Mr. Ngbundu’s situation are not isolated cases insofar as cases of
invalidation for various reasons have already been submitted to the Committee in the past and
continue to be examined by it; also notes that their cases are part of a hostile political context
that is hostile vis-à-vis opposition voices; and encourages the Congolese authorities in this
election year, when tensions may lead to further violations against certain members of the
National Assembly, to take all necessary measures to guarantee the fundamental rights of all its
members, former and current, irrespective of their political affiliation, in order to ensure that the
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invalidation of the parliamentary mandate is not used to dismiss members of parliament for their
political ideas;
6. 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;
7. Requests the Committee to continue examining this case and to report back to it in due course.
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Eswatini
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Members of the Royal Eswatini Police Service monitor affiliates of the Trade
Union Congress of Eswatini (TUCOSWA) as they chant political slogans in
central Manzini, on 28 October 2021 during a pro-democracy protest. Michele
Spatari – AFP
SWZ-02 – Mduduzi Bacede Mabuza
SWZ-03 – Mthandeni Dube
SWZ-04 – Mduduzi Gawuzela Simelane
Alleged human rights violations
 Arbitrary arrest and detention
 Inhumane conditions of detention
 Lack of due process at the investigation stage
 Lack of fair trial proceedings
 Excessive delays
 Violation of freedom of opinion and expression
 Violation of freedom of assembly and association
 Failure to respect parliamentary immunity
 Other acts obstructing the exercise of the parliamentary
mandate
A. Summary of the case
Parliamentarians Mduduzi Bacede Mabuza and Mthandeni
Dube were arrested in the evening of 25 July 2021 and have
been held in detention ever since, first at Mbabane police
station and then at the Matsapha Correctional Centre. A third
parliamentarian, Mr. Mduduzi Simelane, fled the country before
an arrest warrant could be implemented. Mr. Mabuza and
Mr. Dube face charges under the Suppression of Terrorism
Act, two murder charges and a charge for contravening
COVID-19 regulations. The accused made bail applications on
6 August and 16 November 2021, which were both rejected. A
final bail application was dismissed on 15 December 2022. On 31 January 2023, the defence and the
Crown prosecutor made final submissions after which the judge in the case reserved judgement.
The legal action against the parliamentarians was taken in the following context. In May 2021, calls for
political reform started circulating on various platforms across Eswatini, with the aforesaid three
Case SWZ-COLL-01
Eswatini: Parliament affiliated to the IPU
Victims: Three independent members of
parliament
Qualified complainant(s): Section I.1.(b) of
the Committee Procedure (Annex I)
Submission of complaint: January 2022
Recent IPU decision: October 2022
Recent IPU mission: Trial observation
(November and December 2022)
Recent Committee hearing: Hearing with
the delegation of Eswatini to the 145th
IPU
Assembly in Kigali (October 2022)
Recent follow-up:
- Communications from the authorities:
Letters from the Speaker of the House of
Assembly (March 2023)
- Communication from the complainant:
September 2022
- Communication to the authorities: Letter
to the Speaker of the House of Assembly
(February 2023)
- Communication to the complainant:
February 2023
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CL/211/14(c)-R.2
Manama, 15 March 2023
parliamentarians also advocating for these changes. To prove that these members of parliament had
the mandate from their constituencies to make this call resulted in a series of petitions being delivered
to parliament in support of the call for change. Protesters were calling for constitutional and political
reforms, were lamenting the Government’s reported failure to deliver basic services to its citizens,
demanded responses to socioeconomic challenges, and invoked alleged ill-treatment by police.
Petitions were delivered to various tinkhundla centres, predominantly by young people, to their
members of parliament as an endorsement of the call for constitutional and political reforms. These
calls were heightened during protests against alleged “police brutality” following the death of a
University of Eswatini law student, Mr. Thabani Nkomonye. On 24 June 2021, the then acting Prime
Minister, Deputy Prime Minster, Mr. Themba N. Masuku, issued a ban on the delivery of these
petitions saying that this was “a conscious decision to maintain the rule of law and de-escalate
tensions that had turned the exercise into violence and disorder”. Protesters continued to deliver
petitions in spite of the ban and were blocked by the police.
In its report released at the very end of June 2021 regarding the events that had occurred earlier that
month, the Eswatini Commission on Human Rights and Public Administration (the Commission) –
which is Eswatini’s national human rights institution – found that human rights violations and abuses
had been perpetrated during the unrest.
According to the complainant, the charges against Mr. Mabuza, Mr. Dube and, potentially,
Mr. Simelane serve as reprisals and aim to silence them, given that they have been at the forefront of
the aforesaid demands for democratic reforms in Eswatini, an absolute monarchy led by King
Mswati III for over 30 years, where political parties are not legally recognized.
Mr. Rahim Kahn, a distinguished attorney and former acting chief magistrate in Botswana with over
40 years of legal experience, was designated by the IPU to attend and follow the final trial proceedings
against Mr. Mabuza and Mr. Dube, namely those which took place from 8 to 10 and 14 to
16 November and on 13 December 2022.
In his report, the trial observer states that, “[T]he basis of the charges were statements made by the
two accused persons in which they encouraged members of the public to deliver petitions, and to
reject the appointment of the acting Prime Minister. Neither of the accused persons explicitly
encouraged or incited any acts of violence but were arrested on charges of acts of terrorism and
sedition because they expressed a lack of support for the appointment of the acting Prime Minister.
They expressed an opinion which proved to be controversial but they neither encouraged violence nor
incited public displays of disobedience. Their arrest and detention was an infringement of their
constitutional rights to freedom of thought and conscience”. The trial observer furthermore states that,
“[T]he two accused persons made statements at a public gathering in which they expressed their
opinions on the acting Prime Minister. These opinions did not include explicitly hateful speech, nor
explicit incitement of acts of public disorder or acts of terrorism. Therefore, their arrest and detainment
on the basis of these statements was essentially punishment for their exercise of the rights to freedom
of expression and opinion”.
The trial observer furthermore states that, “It is submitted that the present matter has similarly also not
been properly handled. It was within the State’s authority to arrest and detain the two accused persons
for making statements which the authorities believed to be detrimental to public stability and
contributing towards acts of terrorism, acts of sedition and other acts of violence. However, the delay
between the accused’s detention and their first opportunity to make an application for bail was an
infringement of their right to personal liberty and freedom of movement. Furthermore, the nature of
their statements did not justify their detention for 15 months in the interim between their arrest and the
adjudication upon their matter. It is submitted that their arrest and extended detention was an
infringement of their rights to freely express themselves, and their right not to be arbitrarily detained”.
The trial observer moreover points out that, “[T]he two members of parliament have been denied bail
essentially as they are considered flight risks, notwithstanding their official positions as members of
parliament, have fixed assets in the country, have clean records, have not interfered with witnesses
and are willing to offer a sum of money to secure their attendance. Whilst it is true that Mr. Simelane,
another accused, fled the country, the two members of parliament have emphasized that they wished to
stand trial and complete the proceedings. It appears extremely surprising that their bail has been
consistently refused. This repeated denial of bail is a violation of their constitutional rights and they
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should be allowed bail to prepare in a better environment. This principle has never been emphasized
in this matter. At no stage during the proceedings did the judge ever refer to the inconvenience, the
violation of the Constitution or the great prejudice suffered by the accused in the interminable delays of
the prosecution”.
In his general comments and assessment of the trial, the trial observer states that, "the trial is being
continuously postponed, mainly at the instance of the Crown”, and that the judge “does not direct any
detailed questions to the Crown…and grants them far too much latitude to conduct the trial as they
wish. Applications for postponement are granted without establishing their necessity and in all of these
delays, it is the accused who are being prejudiced by the constant delays”. Moreover, the trial observer
points out that, “there is no urgency in the manner in which [the judge] conducted the trial. Hearings are
set on the day but rulings are reserved to a postponed day, often with no reasons. In addition, in two
instances, [the judge] does not deliver a reasoned judgment but hereby hands down an order. This is
again a very disturbing feature of [the judge’s] conduct of the trial”.
The Speaker of the House of Assembly has stated that the parliamentary immunity of the three
parliamentarians with regard to speeches in connection with debates and proceedings in parliament
had always been respected. The Speaker also stated that the prison conditions of Mr. Mabuza and
Mr. Dube were the same as those of other trial inmates and that they had been granted all the general
benefits extended to inmates awaiting trial. He added that, as the matter was before the court, due to
the separation of powers he could not comment on the specific charges.
In the early hours of 22 September 2022, the two detained parliamentarians were allegedly assaulted
by prison guards who entered their cells and started beating them up for no reason. According to the
Speaker, an inquiry into the matter has been opened in accordance with the Correctional Services Act,
No. 13 of 2017, read in conjunction with the Prison Regulations of 1965. The Speaker stated that, “We
are eager for the resultant recommendations and further action which the inquiry may further
recommend. The legal processes have not been finalized and we hope that the above allegations
shall be adequately addressed”.
In response to the IPU’s wish to send a delegation from the Committee on the Human Rights of
Parliamentarians to Eswatini, at a hearing held at the 145th IPU Assembly in October 2022 the
Speaker responded that he would welcome such a delegation. Subsequent attempts by the IPU to
organize the mission have not yet borne fruit with the Eswatini authorities, who indicated early on that
important national events prevented them from receiving the mission before the end of the first half of
2023. In response to the most recent IPU letter about the matter, on 5 March 2023 the Speaker stated
in writing that, “The concern of the IPU Committee on the Human Rights of Parliamentarians is
acknowledged and appreciated. The Parliament of the Kingdom of Eswatini is currently addressing a
decision of SADC Heads of States on the same matter. It is our well-considered view that the IPU
Committee shares similar sentiments with the SADC Troika and therefore would be satisfied to receive
a report detailing all processes to be undertaken towards our national dialogue. Suffice to mention that
some major processes and commitments are already ongoing. It is against this background that we
kindly request your indulgence in bearing with us on this issue”.
On the night of 21 January 2023, Eswatini human rights defender and lawyer, Mr. Thulani Maseko,
was shot dead at his home by unknown assailants. United Nations and African Union experts
immediately condemned the killing as “abhorrent” and demanded an impartial investigation.
Mr. Maseko was a member of Lawyers for Human Rights Swaziland and Chairperson of the
Multi-Stakeholder Forum, a coalition calling for constitutional reform in Eswatini. His assassination
occurred on the same day the King of Eswatini made a veiled threat against members of the country's
pro-democracy movement.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Speaker of the House of Assembly for his recent letters and continued cooperation,
including with regard to the fulfilment of Mr. Rahim Kahn's trial observation mission;
2. Thanks Mr. Rahim Kahn for carrying out this mission and for his comprehensive report;
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3. Is deeply concerned over the several deficiencies identified in the trial observer’s report in the
handling of the legal proceedings brought against Mr. Mabuza and Mr. Dube, in particular the
excessive and unjustifiable delays in the proceedings and the repeated denial of bail, and that
the report gives serious weight to the accusation made by the complainant that the criminal
case merely came in response to the parliamentarians’ public appeal to strengthen democracy,
which falls squarely within the legitimate exercise of their right to freedom of expression; is led
to believe, therefore, that both men should never have been detained and prosecuted in the first
place; trusts that the judge in the case will carefully and critically assess what evidence, if any,
exists in support of the charges and will quickly adopt a verdict; and is eager to be kept
informed of developments in this regard;
4. Trusts that a thorough and independent investigation into the alleged assault in September
2022 of the two parliamentarians in detention has since been carried out and completed; and
wishes to ascertain if this is indeed the case and what conclusions the investigation has
reached;
5. Notes with great interest the efforts made within the context of SADC to resolve the political
challenges and promote national dialogue in Eswatini; and affirms that the IPU stands ready to
provide any assistance that may be considered useful in this regard;
6. Sincerely believes that, over and above ongoing and new efforts to strengthen democracy in
Eswatini, a mission by the IPU Committee on the Human Rights of Parliamentarians, which
would include meetings with all the relevant authorities, a meeting with the two members of
parliament and their lawyers, along with meetings with relevant third parties, would offer a
useful opportunity to discuss the issues that have emerged in the case at hand and to examine
possible solutions; sincerely hopes, therefore, that the Eswatini authorities will soon be able to
receive this mission; and requests the Secretary General to continue to engage with the
parliamentary authorities of Eswatini with a view to the dispatch of the mission in the coming
months;
7. Requests the Secretary General to convey this decision to the Speaker of the House of
Assembly, the complainant and any third party likely to be in a position to supply relevant
information;
8. Requests the Committee to continue examining this case and to report back to it in due course.
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Iraq
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Mr. Al-Alwani five weeks after his sentencing, photo dated 2 January 2015
© Photo courtesy Mr. Ahmed Jamil Salman Al-Alwani’s family
IRQ62 – Ahmed Jamil Salman Al-Alwani
Alleged human rights violations
 Torture, ill-treatment and other acts of violence
 Arbitrary arrest and detention
 Failure to respect parliamentary immunity
 Lack of fair trial proceedings
A. Summary of the case
Mr. Al-Alwani was arrested on 28 December 2013 during a raid
conducted by Iraqi security forces on his home in Ramadi, in
the Al-Anbar Governorate. The complainants believe that
Mr. Al-Alwani’s arrest was in retaliation for his outspoken
support of the grievances of the Sunni population and his vocal
opposition to the Iraqi Prime Minister at the time, Mr. Nouri
Al-Maliki. The case of Mr. Al-Alwani has also to be seen against
the backdrop of sectarian tension and violence in the country.
According to the complainants, Mr. Al-Alwani was initially held
in secret detention centres, was exposed to ill-treatment and
torture, did not receive a fair trial and saw his right to mount an
adequate defence violated. The United Nations Working Group
on Arbitrary Detention confirmed these allegations in its 2017
report (Opinion No. 36/2017), particularly following
Mr. Al-Alwani’s conviction in 2014 for murder and incitement to
sectarian violence and his sentencing in 2016 to the death
penalty under the Anti-Terrorism Law. Mr. Al-Alwani’s lawyers
have appealed the court rulings, which are still under review in
cassation proceedings, as confirmed by the complainants and
the President of the Supreme Judicial Council. Under the
General Amnesty Law No. 27 of 2016, Mr. Al-Alwani submitted
applications for pardon in three cases, which were subsequently rejected.
Case IRQ-62
Iraq: Parliament affiliated to the IPU
Victim: A male opposition member of
parliament
Qualified complainant(s): Section I.(1)(d)
of the Committee Procedure (Annex I)
Submission of complaint: December
2013
Recent IPU decision: November 2021
IPU Mission(s): - - -
Recent Committee hearing: Hearing with
the Iraqi delegation during the 146th
IPU
Assembly (March 2023)
Recent follow up:
- Communications from the authorities:
Message from the Department of
Public Relations and Parliamentary
Protocols (July 2022); letter from the
Deputy Secretary General conveying a
letter from the Ministry of Justice (June
2022)
- Communication from the complainants:
October 2022
- Communications to the authorities:
Letters to the Speaker of the Council of
Representatives (February 2023)
- Communication to the complainants:
October 2022
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The complainants stated that, in November 2020, a parliamentary delegation reportedly visited
Mr. Al-Alwani at the Al-Kadhimiya detention centre, located in northern Baghdad, to ensure that he was
in good health, given that he had allegedly not received visits in the previous four months due to the
COVID-19 pandemic. The prison visit was also for the purpose of conveying letters of support to
Mr. Al-Alwani from the Speaker of Parliament and tribal leaders.
In a letter dated 22 June 2022, the Minister of Justice reported that the Ministry’s Human Rights
Directorate had carried out a visit to Mr. Al-Alwani to enquire about his physical and mental health in
detention. After reviewing his file, the team found that Mr. Al-Alwani was in good health and was not
suffering from any chronic diseases. According to the medical report issued by the medical clinic in
Al- Kadhimiya prison, the team confirmed that Mr. Al-Alwani had not been subjected to torture. The
Minister of Justice also stated in the same letter of June 2022 that Mr. Al-Alwani’s file was being
closely examined and that his arrest and detention had taken place in accordance with the law. After
enquiring whether he had been subjected to any form of torture while in detention, Mr. Al-Alwani
reportedly said that he had only suffered from abuse and mistreatment during his arrest. Mr. Al-Alwani
allegedly explained to the delegation visiting him that he was being treated well and that his detention
conditions were good.
During a hearing with the Committee on the Human Rights of Parliamentarians at the 146th IPU
Assembly in March 2023, the Iraqi delegation informed the Committee that the Human Rights Committee
of the Council of Representatives had visited Mr. Al-Alwani on 8 March 2023 to enquire about his
detention conditions and physical health. The delegation stated that this was not its first visit to
Mr. Al-Alwani, whose case continues to be monitored by the Council of Representatives through its
Human Rights Committee. The latter is deeply concerned with this case, given the allegations of torture,
mistreatment and abuse, unfair proceedings, non-respect of parliamentary immunity and the political
dimension of the charges levelled against Mr. Al-Alwani. Although Mr. Al-Alwani’s detention conditions
have improved, the delegation underlined that he is still facing four life sentences and two death
sentences as a result of politically motivated charges.
The delegation also recalled that, prior to his arrest in 2013, Mr. Al-Alwani had given a speech in which
he had allegedly insulted Shia leaders. The Council of Representatives had therefore created a
committee to investigate the incident and reportedly found that Mr. Al-Alwani had not insulted Shia
leaders or the Shia community. This incident was used by Mr. Al-Alwani’s political opponents to garner
hatred against him and incite sectarian tensions and violence in the country.
Regarding the recent visit carried out by the Human Rights Directorate of the Ministry of Justice in 2022,
the Iraqi delegation stated that the visit was the result of the IPU Committee’s work on the case. Its
recent decision on Mr. Al-Alwani’s situation was referred to the Minister of Justice, who had formed a
committee in charge of monitoring the case and instructed it to visit the former parliamentarian in
detention. The delegation thanked the IPU Committee for its work on the case of Mr. Al-Alwani, as it
promoted its resolution and expressed its hope that both the Committee’s work and the efforts made by
the Iraqi authorities so far would lead to the release of Mr. Al-Alwani and the final resolution of his case.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Iraqi authorities for meeting with the Committee on the Human Rights of
Parliamentarians during the 146th IPU Assembly to discuss Mr. Al-Alwani’s case;
2. Welcomes the recent visits carried out to Mr. Al-Alwani and the information related to the work
of the Council of Representatives regarding the case, including its continued monitoring through
its Human Rights Committee; takes note of the report of the parliamentary committee in charge
of investigating the 2013 incident about Mr. Al-Alwani’s speech; and wishes to receive a copy of
the report;
3. Welcomes the steps taken by the judicial authorities with regard to Mr. Al-Alwani’s case, namely
their recent visit and the report of the Ministry’s Human Rights Directorate; urges, nevertheless,
the judicial authorities to lift the death sentence passed against Mr. Al-Alwani, to release him
- 17 - CL/211/14(c)-R.2
Manama, 15 March 2023
promptly and grant him appropriate compensation in light of: (i) the flawed legal proceedings,
given that he did not receive legal assistance, an allegation confirmed by the United Nations
Working Group on Arbitrary Detention in its 2017 report; and (ii) the impunity for the alleged
acts, namely torture, solitary confinement and lack of medical treatment in the early stages of
his detention;
4. Considers that the situation of Mr. Al-Alwani should be seen as a national cause of concern to
all Iraqi leaders and decision-makers, irrespective of their religious or political affiliation;
therefore calls on the executive authorities in Iraq, political and religious leaders across the
board and all members of parliament, regardless of their political affiliation, to stand united for
the protection and promotion of human rights by taking up Mr. Al-Alwani’s case before the
highest authority in the county to promote his release, uphold his human rights and ensure that
he will not be executed as a result of politically motivated charges;
5. Reiterates its wish for a delegation from the Committee on the Human Rights of
Parliamentarians to visit Mr. Al-Alwani in detention and to meet with the relevant Iraqi
authorities, including the President of Iraq, the Prime Minister and his Chancellor, the President
of the Supreme Judicial Council and the Speaker of the Council of Representatives in the near
future to promote a satisfactory resolution of the case of Mr. Alwani; and hopes to receive a
positive reply and assistance from parliament to this end, to enable the mission to take place
smoothly, provided that the overall security situation allows for such a visit to take place and
that the necessary security measures are in place for the delegation to ensure its safety;
6. Requests the Secretary General to convey this decision to the Iraqi parliamentary authorities,
the Prime Minister, the President of the Supreme Judicial Council, the complainants and any
third party likely to be in a position to provide relevant information;
7. Requests the Committee to continue examining this case and to report back to it in due course.
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Libya
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
© Courtesy of the Sergiwa Family
LBY-01 – Seham Sergiwa
Alleged human rights violations
 Abduction
 Threats, acts of intimidation
 Failure to respect parliamentary immunity
 Impunity
A. Summary of the case
Ms. Seham Sergiwa was abducted from her home on 17 July
2019. According to the complainants, more than a dozen
masked, armed men raided her house at 2 a.m. after it was
plunged into darkness, as if the electricity had been cut off, and
an explosion took place inside the house. During the attack,
Ms. Sergiwa’s husband was shot in the legs and wounded in his
eye, while one of her sons was beaten up as they captured her.
Following the attack, Ms. Sergiwa’s husband and her son were
taken to hospital, where they were not permitted to receive any
visits. The complainants also alleged that the abductors had
confiscated the telephones belonging to members of
Ms. Sergiwa’s family to prevent them from alerting the media
about the attack.
The complainants claim that the abductors are members of the
106th Brigade of the Libyan National Army (LNA) led by
Mr. Khalifa Haftar, an assertion based on the modus operandi of
the abductors and the SUV vehicles used. The perpetrators
allegedly spray-painted the message “the army is a red line [not to be crossed]” and the name of the
Brigade responsible for Ms. Sergiwa’s abduction, “Awliya al-Dam” (Avengers of Blood) across her
house. The complainants explained that the attackers allegedly arrived in cars belonging to Libya’s
Criminal Investigation Department of the interim government in eastern Libya.
Ms. Sergiwa’s abduction was allegedly in response to her political stance against the military
operations in Tripoli, as she was taken from her home shortly after she gave an interview criticizing the
military offensive and calling for an end to the bloodshed. The complainants believe that Ms. Sergiwa’s
Case LBY-01
Libya: Parliament affiliated to the IPU
Victim: Female independent member of
the House of Representatives
Qualified complainant(s): Section I.1(a)
of the Committee Procedure (Annex I)
Submission of complaint: July 2019
Recent IPU decision: March 2022
Recent IPU mission(s): - - -
Recent Committee hearing: Hearing with
the Libyan delegation to the 146th
IPU
Assembly (March 2023)
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the House
of Representatives (July 2020)
- Communication from the complainants:
December 2022
- Communication to the authorities:
Letter to the Speaker of the House of
Representatives (February 2023)
- Communication to the complainants:
February 2023
- 19 - CL/211/14(c)-R.2
Manama, 15 March 2023
abduction was not a random act of violence, given her vocal criticism of Mr. Khalifa Haftar and the
circumstances in which the attack took place. They added that several Libyan officials living nearby,
including the mayor of Benghazi, could have intervened with their armed guards to prevent or at least
thwart the attack, but deliberately refrained from doing so.
In a statement issued on 18 July 2019, the Libyan House of Representatives in Tobruk strongly
condemned Ms. Sergiwa’s abduction by unknown individuals and called on the Ministry of the Interior,
as well as all security forces, to scale up their efforts to find Ms. Sergiwa, ensure her prompt release
and hold to account those responsible for her abduction. In a hearing held with the First and Second
Deputy Speakers of the House of Representatives in October 2019, the IPU Committee on the Human
Rights of Parliamentarians learned that the Minister of the Interior of the interim government in eastern
Libya had indicated that terrorist groups might be responsible for Ms. Sergiwa’s abduction, that the
House of Representatives continued to monitor the case, which was still under investigation, and that
it could well be that Ms. Sergiwa would turn up alive.
In its report of October 2021, the United Nations Independent Fact-Finding Mission set up to
investigate human rights violations committed in Libya since 2016 concluded that there were
reasonable grounds to believe that Ms. Sergiwa was a victim of enforced disappearance and found
that the relevant authorities in Libya had failed to protect her life. The mission’s report also stated that
the evidence indicated that Ms. Sergiwa was abducted by either the LNA or affiliated armed groups.
On 24 January 2022, the United Nations Secretary-General’s Special Adviser on Libya, Ms. Stephanie
Turco Williams, publicly expressed her concern about Ms. Sergiwa’s case and called on the
“concerned authorities to provide information on her whereabouts”.
During a hearing with a delegation led by the First Deputy Speaker of the House of Representatives at
the 146th IPU Assembly in March 2023, the Committee on the Human Rights of Parliamentarians
gathered the information summarized below on the situation of Ms. Seham Sergiwa and the steps
taken by the Libyan authorities concerning her case:
- After requesting the Minister of the Interior to promptly examine the case, the latter provided his
initial findings to the House of Representatives on 18 July 2019 and, on 29 July 2019, the
Speaker assigned the Internal Affairs Committee to following up the case with the Minister of
the Interior. On 1 August 2019, the report on evidence collected was forwarded to the Attorney
General. As a result, an investigation was opened (No. 2254/2019) and the victims and
witnesses of the incident were summoned;
- On 8 September 2019, the Attorney General sent a letter to the Chief of Judicial Expertise and
Research in Benghazi, instructing him to assign a fingerprint expert to identify the fingerprints
on both the spent cartridge and shotgun found at the crime scene. The Chief of Judicial
Expertise and Research was also called to appear before the Attorney General’s office to
provide his testimony. On 11 October 2019, the district prosecutor in charge of the investigation
requested the Head of the Criminal Investigation Department to issue a circular within the prison
administration and the military police and to reveal the identity of the drivers identified in the
incident, so that they could be investigated;
- On 7 December 2020, the Minister of the Interior briefed the House of Representatives, and on
22 December 2020 the Attorney General was requested to communicate the findings of the
investigation into the disappearance of Ms. Sergiwa to the House. As a result, the Attorney
General sent a copy of the memorandum from the district prosecutor in charge of the
investigation, as well as copies of all the correspondence and steps taken concerning the case
to the House of Representatives;
- On 30 June 2021, the Attorney General’s office in Benghazi reported to the House of
Representatives on the steps taken concerning Ms. Sergiwa’s case. These included appointing
a fire expert to prepare a report on the incident; instructing the district prosecutor to widen the
scope of evidence search and collection; swiftly investigating the incident and identifying,
arresting and prosecuting the culprits; collecting testimonies from victims and witnesses; and
checking through the video surveillance footage taken on the day of the incident to trace the
culprits’ vehicles back to their original location. Everything was then to be recorded in a
memorandum;
- Ms. Sergiwa’s case is a criminal offence and is still under criminal and judicial investigation by
the Attorney General. The House of Representatives is monitoring the case through its Legal
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Affairs Committee to the best of its ability, considering that parliament cannot interfere with the
public prosecution’s work, as it is an independent body in Libya. The lack of progress could be
attributed to the fact that the Ministry of Justice does not have executive power.
During the hearing with the Committee, the delegation also deplored the fact that Ms. Sergiwa’s case
was not an isolated incident. In fact, on 2 March 2023, another Libyan member of parliament,
Mr. Hassan Al-Ferjani from the Tarhuna district, was allegedly abducted. The delegation also
emphasized that women parliamentarians in Libya were particularly targeted because of their political
affiliation, with serious threats made against them through social media, which have been increasingly
used to undermine their work and that of all members of parliament and to incite hatred and violence
against them and members of their families. The delegation added that the enforced disappearance of
Ms. Sergiwa was also the result of an online hate campaign initiated against her by her political
opponents and the other individuals present during the telephone interview she gave on the day of her
abduction.
The Libyan delegation reiterated that the House of Representatives had done everything possible to
find out what had become of Ms. Sergiwa. They also explained that they had no indication as to
whether she is still alive or not. Furthermore, and based on the preliminary findings of the
investigations, it appears that the 106th Brigade, which, according to the delegation, is not under the
command of the LNA, is the primary suspect in this case. This rogue brigade took advantage of the
fragile security situation in Libya between 2018 and 2019 to carry out several crimes that have
remained unpunished. The delegation hopes that the improved security situation in the country will
lead to new developments in the case.
The delegation thanked the Committee for its work and called on it to continue examining
Ms. Sergiwa’s case to find out what had become of her. The delegation also explained that the work of
the House of Representatives and the safety of its members were severely challenged by the ongoing
conflict and division in Libya and the profusion of weapons, which encouraged violence in the country.
The delegation called on the Committee, the Inter-Parliamentary Union and the entities of the United
Nations system, including its Independent Fact-Finding Mission and the United Nations Secretary-
General’s Special Representative for Libya, to denounce and condemn similar violations and to scale
up their efforts to end division and violence in Libya and protect the lives of all Libyans, including
members of parliament.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Libyan authorities for meeting with the Committee on the Human Rights of
Parliamentarians during the 146th IPU Assembly to discuss Ms. Sergiwa’s case and for the
information provided on the steps taken by the House of Representatives and the Libyan
authorities with regard to this case;
2. Recognizes, once again, the exceptional situation prevailing in Libya and the formidable
challenges to law and order in the country, and expresses its support to all members of the
House of Representatives in Libya, in particular women parliamentarians who are primarily
targeted because of their gender and their political work, both online and offline; emphasizes,
that the human rights of a member of the Libyan House of Representatives should be upheld at
all costs; and urges the executive authorities in Libya to take the appropriate measures to hold
those responsible for Ms. Sergiwa’s abduction to account and provide information on what has
become of her;
3. Expresses its concern about the fresh allegations that Ms. Sergiwa was targeted as a result of
an online hate campaign inciting physical violence against her, waged by her political
opponents; notes with concern that such online harassment and hate campaigns are routinely
used to undermine the work of parliamentarians in Libya, particularly women parliamentarians,
because of their political affiliation and for expressing their political views; reaffirms that Libyan
women should be able to exercise their civil and political rights without hindrance, intimidation or
fear for their lives; and, to that end, calls on the competent authorities to ensure that social
- 21 - CL/211/14(c)-R.2
Manama, 15 March 2023
media is not used to circulate hateful messages against members of parliament, particularly
women parliamentarians;
4. Reaffirms, once again, the long-lasting effects of impunity on the integrity of parliament and its
ability to fulfil its role as an institution – even more so when leading figures of parliament are
targeted for their political views, as in the present case; stresses that, when they go
unpunished, crimes of this nature are bound to recur as their perpetrators are decisively
encouraged to continue violating the rights of women parliamentarians; and urges the Libyan
authorities to establish the truth in Ms. Sergiwa’s case to send a strong message to those
responsible for committing serious human rights violations that impunity cannot prevail in Libya;
5. Takes note of the appeal made by the Libyan parliamentary delegation to pursue the
examination of Ms. Sergiwa’s case and other cases of human rights violations affecting other
members of parliament; and underlines in this regard that a formal complaint regarding the case
of member of parliament Al-Ferjani, and any other member of parliament whose rights have
been violated, would give the Committee on the Human Rights of Parliamentarians the mandate
to examine their situation;
6. Reiterates its wish to learn further about the work of the United Nations Independent Fact-
Finding Mission and the United Nations Secretary-General’s Special Representative for Libya
with a view to exploring avenues of cooperation to help resolve Ms. Sergiwa’s case;
7. Requests the Secretary General to convey this decision to the parliamentary authorities, the
Attorney General in Libya, the Minister of Justice, the United Nations Independent Fact-Finding
Mission, the United Nations Secretary-General’s Special Representative for Libya, the
complainants and any third party likely to be in a position to supply relevant information;
8. Requests the Committee to continue examining this case and to report back to it in due course.
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Pakistan
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Mohsin Dawar (left) and Ali Wazir (right), PTM member of parliament from the
North Waziristan tribal district, sit before a media briefing in Islamabad on 27
January 2020. / Farooq NAEEM / AFP
PAK-25 – Muhammad Ali Wazir
Alleged human rights violations
 Arbitrary arrest and detention
 Inhumane conditions of detention
 Lack of due process at the investigation stage
 Lack of fair trial proceedings
 Excessive delays
 Right of appeal
 Violation of freedom of opinion and expression
 Violation of freedom of assembly and association
 Failure to respect parliamentary immunity
 Impunity
A. Summary of the case
Mr. Muhammad Ali Wazir is a member of the National
Assembly of Pakistan. He is also a co-founder of the Pashtun
Tahaffuz (Protection) Movement (PTM), which was established
in 2014 to defend the rights of the Pashtun people. Mr. Wazir is
a well-known critic of the military leadership of Pakistan, which
he blames for instigating widespread human rights violations
against civilians in areas predominantly inhabited by Pashtuns.
This position put him in conflict with influential members of the
military leadership. Mr. Wazir was previously arrested on
several occasions together with other PTM leaders for
attending PTM gatherings and making critical statements
against the military. He has also spoken out against the Taliban
armed group, which exposed him and his family to repeated attacks.
The complainant reports that Mr. Ali Wazir was arrested on 16 December 2020 in connection with a rally
commemorating the 2014 Peshawar school massacre and was charged with violating a number of
provisions of the Pakistan Penal Code and the Anti-Terrorism Act. The charges against him include
Case PAK-25
Pakistan: Parliament affiliated to the IPU
Victim: Independent member of the
National Assembly of Pakistan
Qualified complainant(s): Section I.(1)(d)
of the Committee Procedure (Annex I)
Submission of complaint: November
2021
Recent IPU decision: November 2021
IPU Mission(s): - - -
Recent Committee hearing: Hearings
with the Pakistani delegation to the 146th
IPU Assembly (March 2023)
Recent follow-up:
- Communication from the authorities:
November 2021
- Communication from the complainant:
December 2022
- Communication to the authorities:
Letter to the Speaker of the National
Assembly (February 2023)
- Communication to the complainant:
December 2022
- 23 - CL/211/14(c)-R.2
Manama, 15 March 2023
preparing a criminal conspiracy, making derogatory remarks against the armed forces and other state
institutions in his speeches. He has also been accused of sedition and spreading “hate speeches”
against these institutions.
However, the complainant rejects the charges as baseless and politically motivated. The complainant
contends that the accusations against Mr. Ali Wazir are intended to interfere with his parliamentary
mandate and his advocacy for the rights of the Pashtun people, in violation of his rights to freedom of
expression and to peaceful assembly.
According to the complainant, although Mr. Wazir was freed on bail by the Supreme Court of Pakistan on
30 November 2021, his release from prison was forestalled in connection with a separate charge
emanating from another jurisdiction. Since then, Mr. Wazir was presented with new charges on five
occasions, which prevented his leaving prison and regaining his seat in parliament even when accorded
bail and despite the fact that the anti-terrorism court acquitted him in October 2022. Also, although the
Speaker of the National Assembly, Mr. Raja Pervaiz Ashraf, issued an order summoning Mr. Wazir to
the parliamentary budget session on 21 June 2022, Mr. Wazir was not able to attend the session in the
end as he was reportedly subjected to attacks by state agents when he was undergoing a health check
in hospital, which led him to demand to be returned to prison instead. The complainant has reported that
the prolonged detention of Mr. Ali Wazir on remand violates his parliamentary mandate and puts his life
at risk, as he suffers from hypertension, diabetes and other ailments.
However, following the mobilization of numerous actors, including members of the Senate of Pakistan, to
pressure the authorities to respect Mr. Wazir’s rights, he was eventually released on bail on 14 February
2023, after spending 26 months in prison. Nevertheless, the complainant insists that Mr. Ali Wazir is still
facing several trials, which may lead him to be incarcerated yet again, pointing to numerous examples of
unfair trials, arbitrary detention and extrajudicial use of force against critics of the military establishment
that have remained entirely unpunished.
Long-standing human rights concerns over the pattern of impunity for numerous violations carried out by
the security sector of Pakistan were voiced by several countries at the United Nations Human Rights
Council during the latest Universal Periodic Review of the human rights situation in the country on
1 February 2023. Several recommendations addressed ways in which the authorities of Pakistan could
address these long-standing challenges, including by criminalizing torture and mistreatment, ensuring
that complaints against the extra-legal use of force by the security sector are duly processed, revising
the Pakistan Penal Code and the Anti-Terrorism Act to ensure compliance with Pakistan’s human rights
obligations, offering a standing invitation to United Nations Special Rapporteurs, and strengthening the
effectiveness and independence of the National Commission for Human Rights.2 This Commission was
also the object of comments by the United Nations Human Rights Committee, which expressed concern
that this institution is prevented from carrying out inquiries into violations committed by the armed forces
or the intelligence agencies. The Committee was also concerned by the overcrowding and inadequate
conditions of detention in prison and at the high proportion of persons held on remand, some of whom
were in pretrial detention for periods longer than the maximum sentence for the crime. Regarding
freedom of expression, the Committee called on the authorities to ensure that criminal laws are not
improperly used against dissenting voices and urged Pakistan to review its legislation, including article
19 of the Constitution and other relevant laws, to bring the legislation in line with Pakistan’s human rights
obligations.3
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Parliament of Pakistan and the member of the delegation of Pakistan to the
146th IPU Assembly who was heard by the Committee on the Human Rights of Parliamentarians
for their cooperation; acknowledges the efforts made by several parliamentarians to ensure the
release of Mr. Ali Wazir from prison; hopes to be able to rely on the support of parliament in
ensuring that the rights of Mr. Ali Wazir are protected in full, including his right to a fair trial; and
2 https://uprmeetings.ohchr.org/Sessions/42/Pakistan/Pages/default.aspx
3 file://///syno2416/home/Drive/Downloads/G1724636-1.pdf
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CL/211/14(c)-R.2
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reiterates its wish to be kept informed of the dates of the trial, and of any other relevant judicial
developments in the case, as well as to receive a copy of the relevant legal provisions in
preparation for a trial observation mission to Pakistan;
2. Is deeply concerned that Mr. Ali Wazir has been detained on remand from December 2020 until
February 2023, despite his acquittal in October 2022 and repeated decisions to free him on bail;
is deeply concerned by reports that Mr. Ali Wazir has been held in overcrowded prison cells
despite the fact that he suffers from poor health, including hypertension and diabetes; wishes to
receive detailed information on the detention conditions of Mr. Ali Wazir; and recalls that
international human rights standards reflected in General Comment No. 35 of the United Nations
Human Rights Committee specify that pretrial detention “shall be the exception rather than the
rule”, should not be general practice, and should never apply automatically to all those charged
with a certain crime;
3. Considers that the Pakistani Parliament has a vested interest in helping ensure that the human
rights of all their members are fully protected, irrespective of their posture or allegiance; is
deeply concerned, as mentioned by the United Nations Human Rights Committee in its latest
concluding observations, by the high incidence of arbitrary arrest and detention, mistreatment and
extra-legal use of force allegedly committed by security forces, and that such allegations remain
largely unpunished;
4. Recalls that impunity, by shielding those responsible from judicial action and accountability,
decisively encourages the perpetration of further human rights violations, and that violations
against 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; is deeply alarmed that all of the latest
cases concerning Pakistan before the IPU Committee are marked by a persistent pattern of
impunity; firmly believes that such cases will continue to emerge as long as the underlying factors
behind this pattern of impunity are addressed and perpetrators of violations are held to account;
and calls on the parliamentary authorities to exercise their oversight function to ensure that the
perpetrators of violations committed against Mr. Wazir, including the authors of the attacks against
him on 21 June 2022, are identified and brought to justice;
5. Calls on the Parliament of Pakistan to use its powers to carry out a full review of its legislation,
including the Pakistan Penal Code and the Anti-Terrorism Act, and to abolish or amend it in line
with Pakistan’s international human rights obligations, including the obligation to criminalize torture
and mistreatment; calls on the authorities to make use of the expertise of the United Nations
special procedures, including the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, to ensure that existing legislation is amended so as
to comply with applicable international human rights standards; and wishes to receive
information on all actions taken to this effect;
6. Affirms that the IPU stands ready to provide assistance upon request aimed at building the
capacities of parliament and other public institutions to identify any underlying issues that have
given rise to the current case and to rectify such issues, including with regard to the legislation
and procedures implemented in the case; and requests the competent authorities to provide
further information on how the IPU could best provide such assistance;
7. 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 the Committee in its work;
8. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Senegal
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Dakar's mayor and head of the African Union’s observation team, Khalifa
Ababacar Sall, speaks during a press conference, on 13 March 2011,
AFP Photo/Seyllou
SEN-07 – Khalifa Ababacar Sall
Alleged human rights violations
 Arbitrary arrest and detention
 Lack of due process at the investigation stage and lack
of fair trial proceedings
 Failure to respect parliamentary immunity
A. Summary of the case
Mr. Khalifa Ababacar Sall was elected as a member of
parliament in July 2017, while he was on remand in custody
in connection with accusations of misappropriation of public
funds. On 25 November 2017, at the request of the Public
Prosecutor, the National Assembly lifted Mr. Sall's
parliamentary immunity.
At the conclusion of a trial that lasted nearly two and a half
months, Mr. Sall was sentenced on 30 March 2018 to a five-
year prison sentence without parole and a fine of
5 million CFA francs, for forgery and use of forgery in
business documents, forgery and use of forgery in
administrative documents, and fraud involving public funds.
Having had Mr. Sall’s case referred to it, the Court of Justice
of the Economic Community of West African States
(ECOWAS) raised several irregularities in the conduct of the trial and preliminary investigation. The
ECOWAS court’s findings and the irregularities it raised were not taken into account by the Court of
Appeal, which upheld the first-instance judgment on 30 August 2018. Mr. Sall’s lawyers withdrew from
the appeal process in order to denounce the arbitrary nature of the trial. They then took the case to the
Supreme Court (Court of Cassation), the last possible remedy. On 3 January 2019, the Supreme
Court dismissed all the appeals brought by Mr. Sall on the grounds that they were "inadmissible or ill-
founded" and upheld his sentence.
Case SEN-07
Senegal: Parliament affiliated to the IPU
Victim: Opposition member of parliament,
mayor of Dakar
Qualified complainant(s): Section I.(1)(a)
of the Committee Procedure (Annex I)
Submission of complaint: November 2017
Recent IPU decision: October 2018
IPU mission(s): - - -
Recent Committee hearing: Hearing with
the Senegalese delegation to the 146th
IPU
Assembly (March 2023)
Recent follow-up
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (January 2019)
- Communication from the complainant:
March 2021
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(February 2023)
- Communication to the complainant:
February 2023
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Once the conviction had been upheld, Mr. Sall’s parliamentary mandate was permanently revoked by
the Bureau of the National Assembly. From his cell, Mr. Sall applied to stand in the 2019 presidential
elections, but his candidacy was declared inadmissible by the Constitutional Court. Pardoned by the
President of the Republic, Mr. Sall was released on 29 September 2019. The Electoral Code of
Senegal provides that persons who, as a result of a conviction, have been disqualified from voting,
cannot – once rehabilitated or amnestied – be refused registry on the electoral roll.
In September 2022, the President of the Republic reportedly instructed the Minister of Justice to
examine, as soon as possible, the possibility and appropriate form of amnesty for persons who had
lost their right to vote. At the hearing held at the 146th IPU Assembly, the Senegalese delegation
confirmed that a draft amnesty law was being prepared and that targeted IPU assistance in that regard
would be useful and welcome.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Senegalese delegation for the information provided and for having met with the
members of the Committee on the Human Rights of Parliamentarians at the 146th IPU Assembly
for a constructive discussion on the case under consideration and related concerns;
2. Notes with satisfaction Mr. Sall’s release following a presidential pardon in September 2019 and
the information provided by the Senegalese delegation to the 146th IPU Assembly that a draft
amnesty law is being prepared at the national level; notes that Mr. Sall’s situation is not an
isolated case, as at least another opposition candidate (see case SEN-08) could be definitively
excluded from the presidential race in 2024 following a possible conviction; considers in this
regard that an amnesty scheme covering Mr. Sall's situation and enabling him to regain full
enjoyment of his civil rights would be an appropriate means of obtaining a satisfactory
settlement of this long-standing case; recalls, nevertheless, that any amnesty law must meet a
number of specific criteria in order to be compatible with international human rights standards;
3. Notes with interest the statement made by the Senegalese delegation to the 146th IPU
Assembly that parliament would like to receive the IPU's assistance in preparing the new
amnesty law; reaffirms in this regard that the IPU stands ready to provide targeted assistance
concerning the amnesty scheme under preparation, if officially requested; and invites the
parliamentary authorities to provide further information on how the IPU could best provide such
assistance;
4. Requests the Secretary General to convey this decision to the parliamentary authorities of
Senegal and to the complainant;
5. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Senegal
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Senegalese opposition leader Ousmane Sonko talks to the media at his
party's headquarters in Dakar on 8 March 2021 | Seyllou / AFP
SEN-08 – Ousmane Sonko
Alleged human rights violations
 Arbitrary arrest and detention
 Lack of due process at the investigation stage
 Violation of freedom of opinion and expression
 Failure to respect parliamentary immunity
A. Summary of the case
Mr. Ousmane Sonko is president of PASTEF-Les Patriotes, a
Senegalese opposition party. He was a member of the National
Assembly in the previous legislature (2017–2022) and has his
sights set on high office. Mr. Sonko came third in the 2019
presidential elections and has officially announced that he would
run in the 2024 presidential elections. According to the
complainant, the present case is part of ongoing efforts by the
ruling party to remove any possibility of change in political
leadership.
On 8 February 2021, Mr. Sonko was summoned by the Section de
recherche de la Gendarmerie nationale (National Gendarmerie's
Research Section) after a complaint of rape was filed against him,
an offence he categorically denied. On the same day, the Public
Prosecutor requested the opening of a judicial investigation and the investigating judge requested the
lifting of Mr. Sonko’s parliamentary immunity. The National Assembly plenary voted in favour of lifting
his immunity on 26 February 2021.
On 3 March 2021, Mr. Sonko was summoned to court and went accompanied by a crowd of activists.
According to the complainant, the procession was stopped half way by security forces, who arrested
Mr. Sonko. The complainant alleges several irregularities concerning Mr. Sonko’s detention, the
criminal proceedings and the procedure for lifting parliamentary immunity.
According to the parliamentary authorities, the case is not of a political nature and procedures have
been followed. On the day he was summoned by the judge, Mr. Sonko allegedly mobilized members
and supporters of his party and refused to follow the route designated by the law enforcement
Case SEN-08
Senegal: Parliament affiliated to the IPU
Victim: Opposition member of parliament
Qualified complainant: Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint: March 2021
Recent IPU decision: May 2021
Recent IPU mission(s): - - -
Recent Committee hearing: Hearing with
the Senegalese delegation at the 146th
IPU Assembly in Manama (March 2023)
Recent follow-up:
- Communication from the authorities:
Letter from the Speaker of the National
Assembly (October 2022)
- Communication from the complainant:
February 2023
- Communication to the authorities:
Letter to the Speaker of the National
Assembly (February 2023)
- Communication to the complainant:
February 2023
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authorities, thus creating serious public disorder problems. All this took place against a background of
a ban on gatherings and demonstrations, following the health emergency declared because of
COVID-19. These acts of public disorder were reportedly the reason for his arrest and detention for
insurgency and practices and acts likely to disrupt public security, which are offences provided for and
punished in the Senegalese Criminal Code.
Mr. Sonko was released under judicial supervision on 8 March 2021. The Public Prosecutor dropped
the initial charges brought against him for public disorder. In September 2022, the complainant stated
that the investigation into the allegations of rape was ongoing, which the parliamentary authorities
confirmed in an official letter dated 11 October 2022. On 3 November 2022, Mr. Sonko was heard by
the senior judge in charge of the case. According to the complainant, Mr. Sonko refused to submit to a
DNA test requested by the Court as, according to him, the case brought against him was “a plot”.
Given that the list of candidates for the proportional vote submitted by his coalition, on which he was
included, had been declared inadmissible, Mr. Sonko could not participate in the legislative elections
of July 2022 as a candidate.
On 6 February 2023, Mr. Sonko was forcibly taken out of his car by police officers and taken to his
home in an armoured van after having appeared before the court.
At the hearing held during the 146th IPU Assembly, the Senegalese delegation reiterated that the case
was not of a political nature, that Mr. Sonko’s rights had been respected throughout the procedure and
that justice should follow its course.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Senegalese delegation for the information it communicated and for having met with
the members of the Committee on the Human Rights of Parliamentarians during the 146th IPU
Assembly to discuss in a constructive manner the case being examined and the concerns
therein;
2. Underlines that Mr. Sonko has his sights set on the State’s highest office, that he came third in
the presidential election in 2019 and that he announced that he would run in the 2024
presidential elections; notes that Mr. Sonko’s case is not an isolated case as in the past other
opposition candidates (see case SEN-07) were definitively excluded from the presidential race
after being convicted by the courts and that currently, in view of the circumstances, Mr. Sonko
could also find himself deprived of his civil rights following a possible conviction against him;
notes also that Mr. Sonko was not able to take part as a candidate in the legislative elections in
July 2022 as a candidate;
3. Recalls that, according to both the letter and spirit of the IPU Universal Declaration on Democracy,
the key to the functioning of democracy is the holding of free elections at regular intervals 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 and transparency;
consequently, notes with concern the complainant's allegations that Mr. Sonko is the subject of
politically motivated prosecution intended to invalidate his candidacy in the forthcoming
presidential elections; urges, in this respect, the competent authorities to take all necessary
measures to ensure that the conditions for the holding of such elections are met for the opposition
candidates and their supporters to exercise their fundamental right to take part in the conduct of
public affairs on an equal footing with the ruling party and its supporters; and calls on the
parliamentary authorities to provide information on any measures taken to this end;
4. Expresses its hope that the ongoing trial against Mr. Sonko will lead to a final judicial decision
without delay, following an independent and impartial procedure, and in full compliance with the
relevant national and international standards, including the rights of the alleged rape victim; and
requests the parliamentary authorities to provide information on any relevant developments in
the proceedings;
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Manama, 15 March 2023
5. 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;
6. Requests the Committee to continue examining this case and to report back to it in due course.
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CL/211/14(c)-R.2
Manama, 15 March 2023
Somalia
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
Amina Mohamed Abdi ©AMISOM
SOM-13 – Amina Mohamed Abdi
Alleged human rights violations
 Murder
A. Summary of the case
Ms. Amina Mohamed Abdi entered parliament in 2012; she was
re-elected in 2016 and remained a member of the House of the
People until her assassination in March 2022.
According to the complainant, Ms. Amina Mohamed Abdi was killed
on 23 March 2022 as she left a polling station in the constituency of
Beledweyne. Reportedly, a suicide bomber ran up to hug her and
detonated his explosive vest, killing her and many others. According
to media reports, the al-Shabaab jihadist insurgent group claimed
responsibility for the attack, which was followed by another blast at
the hospital of Beledweyne, ostensibly to ensure that all survivors
taken there for treatment were killed. The then President, Mohamed
Abdullahi Mohamed (also known as Farmaajo), condemned the
attacks and the then Prime Minister, Mohamed Hussein Roble,
urged the security agencies to carry out an investigation into the
murder.
The complainant claims that, despite the official position alleging that al-Shabaab was behind the
murder, Ms. Abdi was in fact the victim of a State-sponsored attack due to her fearless efforts to
investigate the disappearance of Ms. Ikran Tahlil, a young female civil servant who was allegedly killed
by agents from the National Intelligence and Security Agency (NISA) in June 2021. Several high-
ranking officials, including former Prime Minister Roble, have publicly stated that the killing of Ms. Abdi
was an attempt to disrupt justice in Ms. Tahlil’s case. In September 2021, Prime Minister Roble had
dismissed the NISA chief following Ms. Tahlil’s disappearance, leading to tensions with President
Farmaajo, who proceeded to withdraw the Prime Minister’s executive powers.
Since the death of Ms. Abdi, the complainant asserts that a suspect has been identified and
apprehended by the authorities. A man named Mohamed Abdi Nuur (also known as Dr. Fanah) has
testified that he was tasked with organizing the attack by a regional deputy of the al-Shabaab armed
Case SOM-13
Somalia: Parliament affiliated to the IPU
Victim: Opposition member of parliament
Qualified complainant: Section I.1(d) of
the Committee Procedure (Annex I)
Submission of complaint: June 2022
Recent IPU decision: October 2022
Recent IPU Mission(s): - - -
Recent Committee hearing(s): - - -
Recent follow-up:
- Communication(s) from the authorities:
- - -
- Communication from the complainant:
March 20223
- Communication to the authorities:
Letter to the Speaker of the House of
the People (February 2023)
- Communication to the complainant:
March 2023
- 31 - CL/211/14(c)-R.2
Manama, 15 March 2023
group on behalf of high-ranking Somalian officials with links to the insurgency group. However, the
complainant reports that the relevant segments of the video recording of that testimony have been
removed. The complainant alleges that this was done to mislead the public into concealing the true
mastermind of the murder as well as the collusion of certain State officials with al-Shabaab.
Somalia is facing an increase in violent armed attacks as part of a decades-long civil war against
insurgent groups. In past cases before the IPU Committee on the Human Rights of Parliamentarians, the
federal authorities have not been able to investigate the murder of parliamentarians due to structural
challenges plaguing the country’s judicial system. The complainant is of the view that the justice system
is not reliable due to the normalization of impunity for violent crimes and chronic corruption, and calls for
an international investigation of the murder.
Following the May 2022 elections, there was a peaceful transfer of power in June 2022, raising hopes for
a more democratic and peaceful future for the country. The newly elected President, Hassan Sheikh
Mohamud, appointed Mr. Hamza Abdi Barre as Prime Minister. Both belong to the same party as
Ms. Abdi, the Union for Peace and Development Party.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Condemns the brutal murder of Ms. Amina Abdi; stresses that this vicious crime must not be left
unpunished and that all those responsible for Ms. Abdi’s death must be held to account in
keeping with principles of accountability and human rights law; urges parliament – within the
boundaries of the separation of powers – to help ensure that justice is done and thereby send a
strong signal that the assassination of a parliamentarian will not be left unpunished; calls on the
Somalian authorities to do their utmost to ensure that justice is done; and wishes to receive
information on any steps made by the authorities in that regard;
2. Regrets that the Somalian parliamentary authorities were not able to meet with the IPU
Committee on the Human Rights of Parliamentarians during the 146th IPU Assembly, despite
the invitation extended by the Committee; and recalls in this regard that the Committee does
everything possible, in accordance with its Rules and Practices, to promote dialogue with the
authorities of the country concerned, and primarily with its parliament, so as to achieve a
satisfactory resolution in the cases before it;
3. Acknowledges the efforts undertaken thus far to identify the culprits and try one of the suspects,
an individual under the name of Mohamed Abdi Nuur, also known as Dr. Fanah, as reported by
the complainant; is shocked by the testimony of the suspected organizer of the attack about the
manner in which the attack was allegedly planned and carried out; is disturbed by allegations put
forward by the complainant that certain high-ranking state officials are behind this vicious attack as
a reprisal for Ms. Abdi’s advocacy for accountability in the case of the enforced disappearance of
Ms. Ikran Tahlil; and wishes to receive the official views of the authorities on these allegations and
to know whether the investigation into the murder is taking this lead into account;
4. Affirms that the IPU stands ready to provide assistance, if so requested, aimed at building the
capacities of parliament and other public institutions to identify any underlying issues that may
deter the resolution of this case and to rectify such issues, given the sizeable challenges faced
by state institutions in Somalia and the recent efforts aimed at a transition towards peace and
democracy based on the rule of law; requests the competent authorities to provide further
information on how the IPU could best provide such assistance; and calls on the authorities to
make use of the expertise of the United Nations special procedures, including the Independent
Expert on the situation of human rights in Somalia, to ensure accountability in this case;
5. Requests the Secretary General to convey this decision to the relevant authorities, the
complainants and any third party likely to be in a position to supply relevant information;
6. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
© National Unity Platform
UGA-24 – Allan Aloizious Ssewanyana
UGA-25 – Muhammad Ssegirinya
Alleged human rights violations
 Abduction
 Torture, ill-treatment and other acts of violence
 Arbitrary arrest and detention
 Inhumane conditions of detention
 Lack of due process at the investigation stage
 Lack of fair trial proceedings
 Failure to respect parliamentary immunity
A. Summary of the case
The case concerns allegations of human rights violations,
including, inter alia, arbitrary detention, torture, inhumane
conditions of detention and lack of fair trial proceedings,
affecting two opposition members of parliament in Uganda.
On 7 September 2021, the Hon. Muhammad Ssegirinya was
arrested together with the Hon. Allan Aloizious Ssewanyana
by the Ugandan police on allegations that the two
parliamentarians were involved in the murder of two
individuals and the attempted murder of a third person. They
were charged with the offences of murder, terrorism, aiding
and abetting terrorism and attempted murder. All these crimes were purportedly committed on 23 August
2021 in Masaka District. The two members of parliament were subsequently remanded in custody and
held in Kigo Government Prison. On 21 September 2021, both members of parliament were granted bail
by the High Court of Uganda sitting in Masaka.
Case UGA-Coll-02
Uganda: Parliament affiliated to the IPU
Victims: Two male opposition members of
parliament
Qualified complainant(s): Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint: January 2022
Recent IPU decision: October 2022
IPU mission(s): - - -
Recent Committee hearing: Hearing with
the Ugandan delegation to the 145th
IPU
Assembly (October 2022)
Recent follow-up:
- Communication from the authorities:
January 2023
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(February 2023)
- Communication to the complainant:
February 2023
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Manama, 15 March 2023
The complainant states that, on 24 September 2021, after having paid bail, Mr. Ssewanyana was
released from Kigo Government Prison but was immediately attacked at the prison gate, manhandled
and abducted by gun-wielding men in plain clothes, who whisked him away to an unknown
destination. On 27 September 2021, Mr. Ssegirinya was also released from Kigo Government Prison,
but he too was immediately abducted at the prison gate by similarly dressed men wielding heavy
weapons and whisked away to an unknown destination.
On 30 September 2021, after days of detention at unknown detention facilities, the two members of
parliament were summoned to the Chief Magistrate's Court in Masaka and read additional charges.
According to the complainant, they appeared frail and informed the court that they had been brutally
tortured through physical beatings while in detention. On the occasions the members of parliament re-
appeared in court to hear their cases, they showed physical, festering wounds and complained of
torture and humiliation while in detention. The complainant also states that the members of parliament
informed the presiding judge that they had been prevented from receiving medical attention by a
doctor of their choice and that they had been banned from receiving any visitors, including family
members, while in prison.
At the hearing held during the 145th IPU Assembly (October 2022), the Ugandan delegation stated that
the two members of parliament had been arrested under section 21(1)(h) and (i) of the Police Act,
Chapter 303, of the Laws of Uganda, which both obliges and empowers the police to “detect and bring
offenders to justice” and to “apprehend all persons whom he or she is legally authorised to apprehend
and for whose apprehension sufficient grounds exist”. The delegation also informed the IPU
Committee on the Human Rights of Parliamentarians (CHRP) that the privileges and immunities of
members of parliament as provided for in Ugandan legislation did not grant immunity from criminal
proceedings. Regarding action taken by parliament, the delegation reported that on several occasions
the Human Rights Committee of the Parliament of Uganda had visited the two members of parliament
in Kigo Prison and Mulago National Referral Hospital in the presence of their legal representatives
and, in the case of Mr. Ssegirinya, in the presence of his private doctor. The parliamentary committee
also interviewed the prison authorities, the two parliamentarians concerned and other stakeholders.
The matter of the incarceration of the two members of parliament had been discussed 10 times on the
floor of parliament since their arrest and the Government has updated parliament on the situation of
both members of parliament. On 7 September 2022, in her communication to parliament, the Speaker
of Parliament called for the expeditious trial of Mr. Ssewanyana and Mr. Ssegirinya. The Ugandan
delegation also provided the CHRP with copies of excerpts from the parliamentary proceedings in this
regard. In a letter dated 20 January 2023, the Speaker of Parliament provided the official views and
observations regarding the case and confirmed that the request for a visit by a CHRP delegation
would be brought to the attention of the Ministry of Foreign Affairs for consideration.
According to the complainant, on 13 February 2023, the two members of parliament were granted bail
and transferred to hospital for urgent medical attention. The bail applications were based on what their
lawyers said were medical conditions that required treatment, which the prison facilities were failing to
provide.
A trial observer mandated by the IPU travelled to Uganda on 11 February and on 6 March 2023 to
observe the proceedings against the two members of parliament. The observer reported that, although
the hearings had finally been adjourned on both occasions, the presiding judge gave opportunities to
both parties, the prosecution and defence, to present their cases, that the general court atmosphere
was calm and that court workers were cooperative with the observer. The defence also notified the
court of its intention to file a petition before the Constitutional Court wherein it would seek to challenge
the entire process.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Thanks the Speaker of Parliament for the information provided in writing in January 2023; and
takes note with appreciation of steps taken by the Parliament of Uganda to monitor the
situation of Mr. Ssewanyana and Mr. Ssegirinya, which included efforts made by the Standing
Committee on Human Rights of the Parliament of Uganda to visit the members of parliament in
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Manama, 15 March 2023
prison and regularly interact with the Commissioner General of the Uganda Prison Service to
request periodical reports on the status of the detained members of parliament;
2. Welcomes the release on bail of the two members of parliament and the fact that they have
been able to receive specialized medical attention; remains concerned, however, about the
impunity that seemingly reigns with regard to the perpetrators of the alleged acts of torture
committed against them while in detention; calls on parliament, once again, to continue using its
powers effectively to ensure that these allegations are fully investigated, followed by whatever
steps are warranted as a result to ensure accountability; and wishes to be kept informed of
progress made in this regard;
3. Notes with interest that the Ugandan Parliament has brought the CHRP’s request for a mission
to Uganda to the attention of the Ministry of Foreign Affairs for consideration; is confident that, in
light of this new development and the renewed assurances of support provided by the Ugandan
delegation that met with the CHRP during the 145th IPU Assembly, a CHRP delegation can soon
travel to Uganda to meet with all relevant authorities exercising legislative, executive or judicial
powers, the prison authorities and any other institution, civil society organization or individual in
a position to provide relevant information regarding the situation of Mr. Ssewanyana and
Mr. Ssegirinya; calls on the parliamentary authorities to do their utmost to obtain a response from
the executive authorities regarding such a mission as soon as possible; and hopes that the
competent national authorities will cooperate fully to help the mission find swift satisfactory
solutions to this case in accordance with applicable national and international human rights
standards, and to obtain first-hand information on the status of the implementation of the
CHRP’s recommendations following its mission to Uganda in 2020;
4. Notes also with interest that a trial observer mandated by the IPU has been able to follow the
proceedings on the ground; decides, in this regard, to mandate a new a trial observer to
continue monitoring the upcoming court proceedings; and wishes to be kept informed of the
dates of future hearings when available and of any other relevant judicial developments in the
case, including regarding the outcomes of a possible constitutional petition that could be filed by
the lawyers of the two members of parliament;
5. Requests the Secretary General to convey this decision to the Speaker of Parliament, the
complainant and any third party likely to be in a position to supply relevant information;
6. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
© Betty Nambooze
UGA-26 – Betty Nambooze
Alleged human rights violations
 Torture, ill-treatment and other acts of violence
 Threats, acts of intimidation
 Arbitrary arrest and detention
 Inhumane conditions of detention
 Lack of fair trial proceedings
 Other acts obstructing the exercise of the parliamentary
mandate
A. Summary of the case
According to the information provided by the complainant,
Ms. Betty Nambooze, a member of parliament of the Parliament
of Uganda, was beaten by a group of security operatives on
27 September 2017 while she was in parliament. The events
took place against the backdrop of controversial debates in
parliament about the Constitution Amendment Bill No. 2 of
2017.
The complainant reports that during a violent incident in parliament that day, a group of state security
operatives attacked Ms. Nambooze. They forced her body into uncomfortable contortions, including
forcing her shoulders, arms and hands towards each other behind her back while one of them applied
a lot of pressure on her back using his knee. She was then arrested and transferred to the
headquarters of the Special Investigations Unit of the Uganda police force located in Kireka, where
she remained for seven hours without receiving medical attention, despite her deteriorating condition
and her specific requests in that regard. None of her children, her husband, or friends were permitted
to see her, even though they were present at the police station.
After Ms. Nambooze’s release, towards midnight on 27 September 2017, she was driven in a police
vehicle to Bugolobi Medical Centre where she was admitted for over a fortnight. Subsequent medical
examinations revealed that, as a result of the beatings and contortions inflicted, three discs within her
lower vertebrae had become compressed, thereby endangering her spinal cord. The complainant
asserts that, in violation of Ms. Nambooze’s privacy, security men and women forced themselves into
Case UGA-26
Uganda: Parliament affiliated to the IPU
Victims: A female opposition member of
parliament
Qualified complainant(s): Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint: February 2023
Recent IPU decision(s): - - -
IPU mission(s): - - -
Recent Committee hearing(s): - - -
Recent follow-up:
- Communication(s) from the authorities:
- - -
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(March 2023)
- Communication to the complainant:
February 2023
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CL/211/14(c)-R.2
Manama, 15 March 2023
the examination rooms and forcefully read through all reports and notes that were being written as she
went through tests and treatment.
Ms. Nambooze travelled to India for surgery and treatment. The complainant claims that pleading with
the government medical and administrative departments in charge to allow and enable her to travel
took a total of one and a half months, during which time she was hospitalized in Kampala without
receiving the specialized treatment required. Ms. Nambooze returned to Uganda in late November
2017. As she was preparing to travel back to India for a check-up in June 2018, and still in the process
of healing, she was re-arrested on charges of “offensive communication” and manhandled again by
security officers. According to the complainant, Ms. Nambooze remained immobile in a prison cell for
nearly a week, unable to sit up or stand and in constant pain. She was then transferred to a hospital
but, on the way, a police vehicle struck the ambulance. In the collision, her spine was further
damaged, and her knee was severely injured. Doctors later determined that one of the metal screws
implanted in her back had been dislodged and was pressing on a major nerve.
Ms. Nambooze was finally given bond and flown to India for another round of surgery in July 2018.
According to the complainant, five years later she is still experiencing pain and still undergoing tough
medical treatment. No action has been taken by the national authorities to identify and punish those
responsible for the above-described events.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Notes that the complaint concerning the situation of Ms. Betty Nambooze 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 about torture, ill-treatment and other acts of violence; threats, acts of
intimidation; arbitrary arrest and detention; inhumane conditions of detention; lack of fair trial
proceedings; other acts obstructing the exercise of the parliamentary mandate, allegations
which fall within the mandate of the IPU Committee on the Human Rights of Parliamentarians
(the Committee);
2. Expresses deep concern at the alleged treatment suffered by Ms. Nambooze, all the more so
given the apparent irreparable damage to her health; and considers that the allegations in this
case have to be seen in the context of the Committee’s concerns in other existing cases in
Uganda about the lack of respect for the physical integrity of members of the opposition and the
lack of accountability whenever they are subject to ill-treatment or torture;
3. Suggests that the situation of Ms. Nambooze also be included in the mandate of the
Committee’s mission to Uganda that is already planned with regard to other Ugandan cases
before the Committee; calls on the parliamentary authorities to do their utmost to obtain a
response from the executive authorities as soon as possible with regard to the organization of this
mission; and requests the parliamentary authorities in the meantime to provide in writing the
official views on the allegations made by the complainant with respect to Ms. Nambooze’s
situation;
4. 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;
5. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Uganda
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
© Twitter @AdekeAnna
UGA-27 – Anna Adeke Ebaju
Alleged human rights violations
 Threats, acts of intimidation
 Arbitrary arrest and detention
 Violation of freedom of opinion and expression
 Violation of freedom of assembly and association
A. Summary of the case
On 23 May 2022, Ms. Adeke was arrested along with
another member of parliament and three other political
activists following a standoff with police at Kasangati Town in
Wakiso District. According to the complainant, they
attempted to make their way to the home of former
presidential candidate, Dr. Kizza Besigye, who had been
detained earlier that same day. They were granted bail and
released afterwards. The complainant reports that
Ms. Adeke had been arrested about 10 times in recent years
because of her political views and activities.
During the Soroti City East by-election on 28 July 2022, security forces allegedly broke into Ms.
Adeke’s house with the intention of intimidating her. They broke her bedroom door down while looking
for her and conducted a search of the entire house. People who were found in her house, many of
whom were political activists, were reportedly beaten, pepper-sprayed, tear-gassed and arrested.
According to the complainant, the security forces conducted an operation that day that led to the arrest
of around 80 supporters and agents of her political party, the Forum for Democratic Change. The
police refused to register Ms. Adeke’s complaint when she went to report it in Soroti City on 29 July
2022.
Case UGA-27
Uganda: Parliament affiliated to the IPU
Victim: A female opposition member of
parliament
Qualified complainant(s): Section I.1(a) of
the Committee Procedure (Annex I)
Submission of complaint: February 2023
Recent IPU decision(s): - - -
IPU mission(s): - - -
Recent Committee hearing(s): - - -
Recent follow-up:
- Communication(s) from the authorities:
- - -
- Communication from the complainant:
February 2023
- Communication to the authorities: Letter
to the Speaker of the National Assembly
(March 2023)
- Communication to the complainant:
February 2023
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Manama, 15 March 2023
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Notes that the complaint concerning the situation of Ms. Anna Adeke Ebaju 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 about threats and acts of intimidation; arbitrary arrest and detention;
violation of freedom of opinion and expression; violation of freedom of assembly and
association, allegations which fall within the Committee’s mandate;
2. Expresses deep concern at the alleged some 10 arbitrary arrests and detentions of Ms. Adeke
and at the alleged unlawful conduct by security forces at her home on 28 July 2022; and
considers that the allegations in this case have to be seen in the context of the Committee’s
concerns in other existing cases in Uganda about intimidation by state agents, through legal and
physical means, of members of the opposition and the lack of accountability when these
transgressions occur, as also appears to be borne out in this case by the lack of police action to
accept a complaint regarding what reportedly happened at Ms. Adeke’s home on 28 July 2022;
3. Suggests that the situation of Ms. Adeke also be included in the mandate of the Committee’s
mission to Uganda that is already planned with regard to other Ugandan cases before the
Committee; calls on the parliamentary authorities to do their utmost to obtain a response from the
executive authorities as soon as possible with regard to the organization of this mission; and
requests the parliamentary authorities in the meantime to provide in writing the official views on
the allegations made by the complainant with respect to Ms. Adeke’s situation;
4. Requests the Secretary General to convey this decision to the relevant authorities, the
complainants and any third party likely to be in a position to supply relevant information;
5. Requests the Committee to continue examining this case and to report back to it in due course.
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Manama, 15 March 2023
Venezuela
Decision adopted unanimously by the IPU Governing Council at its 211th
session
(Manama, 15 March 2023)
MEXICO CITY, MEXICO, 26 NOVEMBER 2022: The dialogue and negotiation
process between the Government of the Bolivarian Republic of Venezuela and the
Unitary Platform of Venezuela resumed in Mexico city © Silvana Flores / ANADOLU
AGENCY / Anadolu Agency via AFP
VEN-10 – Biagio Pilieri VEN-86 – Edgar Zambrano
VEN-11 – José Sánchez Montiel VEN-87 – Juan Pablo García
VEN-12 – Hernán Claret Alemán VEN-88 – Cesar Cadenas
VEN-13 – Richard Blanco VEN-89 – Ramón Flores Carrillo
VEN-16 – Julio Borges VEN-91 – María Beatriz Martínez (Ms.)
VEN-19 – Nora Bracho (Ms.) VEN-92 – María C. Mulino de Saavedra (Ms.)
VEN-20 – Ismael Garcia VEN-93 – José Trujillo
VEN-22 – Williams Dávila VEN-94 – Marianela Fernández (Ms.)
VEN-24 – Nirma Guarulla (Ms.) VEN-95 – Juan Pablo Guanipa
VEN-25 – Julio Ygarza VEN-96 – Luis Silva
VEN-26 – Romel Guzamana VEN-97 – Eliezer Sirit
VEN-27 – Rosmit Mantilla VEN-98 – Rosa Petit (Ms.)
VEN-28 – Renzo Prieto VEN-99 – Alfonso Marquina
VEN-29 – Gilberto Sojo VEN-100 – Rachid Yasbek
VEN-30 – Gilber Caro VEN-101 – Oneida Guaipe (Ms.)
VEN-31 – Luis Florido VEN-102 – Jony Rahal
VEN-32 – Eudoro González VEN-103 – Ylidio Abreu
VEN-33 – Jorge Millán VEN-104 – Emilio Fajardo
VEN-34 – Armando Armas VEN-106 – Angel Alvarez
VEN-35 – Américo De Grazia VEN-108 – Gilmar Marquez
VEN-36 – Luis Padilla VEN-109 – José Simón Calzadilla
VEN-37 – José Regnault VEN-110 – José Gregorio Graterol
VEN-38 – Dennis Fernández (Ms.) VEN-111 – José Gregorio Hernández
VEN-39 – Olivia Lozano (Ms.) VEN-112 – Mauligmer Baloa (Ms.)
VEN-40 – Delsa Solórzano (Ms.) VEN-113 – Arnoldo Benítez
VEN-41 – Robert Alcalá VEN-114 – Alexis Paparoni
VEN-42 – Gaby Arellano (Ms.) VEN-115 – Adriana Pichardo (Ms.)
VEN-43 – Carlos Bastardo VEN-116 – Teodoro Campos
VEN-44 - Marialbert Barrios (Ms.) VEN-117 – Milagros Sánchez Eulate (Ms.)
VEN-45 – Amelia Belisario (Ms.) VEN-118 – Denncis Pazos
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Manama, 15 March 2023
VEN-46 – Marco Bozo VEN-119 – Karim Vera (Ms.)
VEN-48 – Yanet Fermin (Ms.) VEN-120 – Ramón López
VEN-49 – Dinorah Figuera (Ms.) VEN-121 – Freddy Superlano
VEN-50 – Winston Flores VEN-122 – Sandra Flores-Garzón (Ms.)
VEN-51 – Omar González VEN-123 – Armando López
VEN-52 – Stalin González VEN-124 – Elimar Díaz (Ms.)
VEN-53 – Juan Guaidó VEN-125 – Yajaira Forero (Ms.)
VEN-54 – Tomás Guanipa VEN-126 – Maribel Guedez (Ms.)
VEN-55 – José Guerra VEN-127 – Karin Salanova (Ms.)
VEN-56 – Freddy Guevara VEN-128 – Antonio Geara
VEN-57 – Rafael Guzmán VEN-129 – Joaquín Aguilar
VEN-58 – María G. Hernández (Ms.) VEN-130 – Juan Carlos Velasco
VEN-59 – Piero Maroun VEN-131 – Carmen María Sivoli (Ms.)
VEN-60 – Juan A. Mejía VEN-132 – Milagros Paz (Ms.)
VEN-61 – Julio Montoya VEN-133 – Jesus Yanez
VEN-62 – José M. Olivares VEN-134 – Desiree Barboza (Ms.)
VEN-63 – Carlos Paparoni VEN-135 – Sonia A. Medina G. (Ms.)
VEN-64 – Miguel Pizarro VEN-136 – Héctor Vargas
VEN-65 – Henry Ramos Allup VEN-137 – Carlos A. Lozano Parra
VEN-66 – Juan Requesens VEN-138 – Luis Stefanelli
VEN-67 – Luis E. Rondón VEN-139 – William Barrientos
VEN-68 – Bolivia Suárez (Ms.) VEN-140 – Antonio Aranguren
VEN-69 – Carlos Valero VEN-141 – Ana Salas (Ms.)
VEN-70 – Milagro Valero (Ms.) VEN-142 – Ismael León
VEN-71 – German Ferrer VEN-143 – Julio César Reyes
VEN-72 – Adriana d'Elia (Ms.) VEN-144 – Ángel Torres
VEN-73 – Luis Lippa VEN-145 – Tamara Adrián (Ms.)
VEN-74 – Carlos Berrizbeitia VEN-146 – Deyalitza Aray (Ms.)
VEN-75 – Manuela Bolívar (Ms.) VEN-147 – Yolanda Tortolero (Ms.)
VEN-76 – Sergio Vergara VEN-148 – Carlos Prosperi
VEN-78 – Oscar Ronderos VEN-149 – Addy Valero (Ms.)
VEN-79 – Mariela Magallanes (Ms.) VEN-150 – Zandra Castillo (Ms)
VEN-80 – Héctor Cordero VEN-151 – Marco Aurelio Quiñones
VEN-81 – José Mendoza VEN-152 – Carlos Andrés González
VEN-82 – Angel Caridad VEN-153 – Carlos Michelangeli
VEN-83 – Larissa González (Ms.) VEN-154 – César Alonso
VEN-84 – Fernando Orozco VEN-155 - Auristela Vásquez (Ms.)
VEN-85 – Franco Casella
Alleged human rights violations
 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
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Manama, 15 March 2023
A. Summary of the case4
The case concerns allegations of human rights violations
affecting 135 parliamentarians5 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 elected in 2015. At
the time, the MUD coalition was opposed to President Nicolas
Maduro’s Government and obtained a majority of seats in the
National Assembly in the parliamentary elections of
6 December 2015. New parliamentary elections were held on
6 December 2020.
According to the complainant, 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. At
least 11 National Assembly members were arrested reportedly
due to politically motivated legal proceedings against them and
subsequently released. All 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 36 parliamentarians are in exile, six have
recently returned to Venezuela, 23 are engaged in court
proceedings, and many of them have been barred from
holding public office. The passports of at least
13 parliamentarians have been confiscated, not been renewed, or cancelled by the authorities,
reportedly as a way to exert pressure and to prevent them from travelling abroad to report what is
happening in Venezuela.
On 31 August 2020, President Nicolas Maduro pardoned 110 members of the political opposition who
had been accused of committing criminal acts. The decision meant the closure of ongoing criminal
proceedings against 26 parliamentarians listed in the present case and the release of four of them.
A joint mission, composed of members of both the IPU Committee on the Human Rights of
Parliamentarians (CHRP) and the IPU Executive Committee, visited Venezuela from 23 to 27 August
2021. The delegation was able to meet with a large variety of state authorities and stakeholders as
well as with more than 60 of the 135 parliamentarians elected in 2015 with cases under examination
by the CHRP, thereby obtaining first-hand information on their individual situations.
In August 2022, the complainant informed the Committee that, on 4 August 2022, Mr. Juan Requesens,
a parliamentarian elected in 2015, was sentenced to eight years in prison for his alleged involvement in
what the Venezuelan authorities defined as a failed assassination attempt involving drones carrying
explosives against President Nicolas Maduro in Caracas in 2018. During the same proceedings, the
judge issued an arrest warrant and an extradition request against Mr. Julio Borges, former Speaker of
the National Assembly, who is currently living abroad.
On 26 November 2022, the Unitary Platform of the Venezuelan political opposition and representatives
from President Nicolas Maduro’s Government resumed talks in Mexico City. The parties signed a
humanitarian agreement focused on education, health, food security, flood response and electricity
programmes that would benefit the Venezuelan people. Negotiations are expected to continue.
4 For the purposes of this decision, the term “opposition members of parliament” relates to parliamentarians from political
groups or parties whose decision-making power was limited in parliament and who were opposed to the ruling power.
5 In this decision, the use of the term “parliamentarian” should be construed as referring to both women and men elected
in 2015 as members of the National Assembly and by no means as expressing an opinion on the validity of their
parliamentary mandate at the present time.
Case VEN-COLL-06
Venezuela: Parliament affiliated to the IPU
Victims: 135 opposition members of
parliament (93 men and 42 women)
Qualified complainant(s): Section I.(1)(c)
of the Committee Procedure (Annex I)
Submission of complaint: March 2017
Recent IPU decision: October 2022
IPU mission: August 2021
Recent Committee hearings: Hearings
with members of the governing and
opposition parties at the 141st
IPU Assembly
(October 2019)
Recent follow-up:
- Communication from the authorities:
Note Verbale from the Permanent
Mission of Venezuela in Geneva
(September 2021)
- Communication from the complainant:
February 2023
- Communication to the authorities: letter
to the executive authorities (December
2022)
- Communication to the complainant:
February 2023
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CL/211/14(c)-R.2
Manama, 15 March 2023
According to the complainant and to publicly available information, on 7 January 2023, the 49th Court
of Control of the Criminal Judicial Circuit of the Metropolitan Area of Caracas issued an arrest warrant
against three parliamentarians elected in 2015, Ms. Dinorah Figuera, Ms. Marianela Fernández and
Ms. Auristela Vásquez, for “the alleged responsibility for the offences of usurpation of authority,
treason, conspiracy to commit crimes and money laundering”. All three are currently living in exile.
The complainant also reported that on 25 January 2023 the properties of Ms. Figuera and
Ms. Vásquez had been seized by the judicial authorities.
B. Decision
The Governing Council of the Inter-Parliamentary Union
1. Remains deeply concerned that Mr. Juan Requesens has been sentenced to eight years in
prison in a trial that, according to the complainant, failed to meet national and international
standards of due process, an allegation that seems credible if considered in the light of information
received during the IPU mission to Venezuela in August 2021; is also concerned that, during the
same proceedings, the judge reportedly issued an arrest warrant and an extradition request
against Mr. Julio Borges and that in January 2023 an arrest warrant was also issued against
Ms. Dinorah Figuera, Ms. Marianela Fernández and Ms. Auristela Vásquez; reiterates its view
that Mr. Requesens’ continued deprivation of liberty since August 2018, first in El Helicoide, a
detention centre operated by the Bolivarian National Intelligence Service and then under house
arrest since August 2020, as well as the arrest warrants issued against Mr. Borges,
Ms. Figuera, Ms. Fernández and Ms. Vásquez should be seen as reprisals for their political
activities; wishes to receive official and detailed information on the facts justifying each of the
charges brought against them as well as copies of the relevant court decisions; and urges the
national authorities to take all necessary steps to ensure that the rights of Mr. Requesens,
Mr. Borges, Ms. Figuera, Ms. Fernández and Ms. Vásquez are fully respected;
2. Reaffirms its long-standing position that the continued harassment of opposition
parliamentarians elected in 2015, despite the expiration of their mandate, is a direct
consequence of the prominent role they played as outspoken opponents of President Nicolas
Maduro’s Government and as members of the then opposition-led National Assembly; urges the
authorities, once again, to put an immediate end to all forms of persecution against the
opposition parliamentarians elected in 2015, to thoroughly investigate and establish
accountability for reported violations of their rights, and to ensure that all relevant state
authorities respect their human rights, including the right of those who are currently living in
exile to voluntarily return in safety to Venezuela; and calls on the Venezuelan authorities to
provide official information on any steps taken to this end;
3. Reiterates that the issues involved in the present case are part of the broader complex situation
in Venezuela, which can only be resolved through inclusive political dialogue and by the
Venezuelans themselves and welcomes in this regard the resumption of the talks between
Government and opposition representatives; firmly hopes that discussions will continue and that
the outcomes of this process will allow the various national stakeholders, including civil society,
to work together to bring about a new social pact through participatory and non-violent means,
without foreign interference and in compliance with the State's international human rights
commitments, as well as to create the necessary conditions to conduct future elections
accepted by all parties; reaffirms the IPU's readiness to provide support for any effort to
strengthen democracy in Venezuela; and calls on the relevant authorities to provide further
information on how best to provide such assistance;
4. Recalls, as stated in the IPU’s 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 and transparency”; expresses its hope,
therefore, that the outcomes of the ongoing dialogue will also contribute to guaranteeing that
opposition candidates, including all former opposition parliamentarians who have been barred
- 43 - CL/211/14(c)-R.2
Manama, 15 March 2023
from holding public office and their supporters will be allowed 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; and
encourages the relevant authorities and the parties involved in the talks to take all necessary
measures in this regard;
5. Renews its call on all IPU Member Parliaments, IPU Permanent Observers, relevant human
rights organizations and the international community in general to take concrete actions in
support of the ongoing process of dialogue as well as of the resolution of the individual cases at
hand in a manner consistent with democratic and human rights values;
6. Requests the Secretary General to convey this decision to the relevant Venezuelan institutions,
the complainant and any third party likely to be in a position to supply relevant information;
7. Requests the Committee to continue examining this case and to report back to it in due course.
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