Select Committee on International Development Written Evidence


1.  Memorandum submitted by Amnesty International UK

AMNESTY INTERNATIONAL

  1.  Amnesty International is an international non-governmental human rights organisation with more than 1.5 million members, supporters and subscribers worldwide, which is independent of any government, political ideology, economic interest or religion. Our vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. In pursuit of this vision, our mission is to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination, within the context of its work to promote all human rights.

  2.  Amnesty International established a field presence in Iraq on 23 April 2003. Since their arrival, Amnesty International delegates have conducted numerous interviews with Iraqi civilians, US and UK military officials and former prisoners of war.

THE SECURITY SITUATION AND ITS IMPACT

  3.  The post-conflict situation in Iraq is one of widespread disorder and insecurity that has been characterised by rampant looting and vandalism and incidents of violence, including killings. The current climate of lawlessness has a direct impact on the humanitarian situation, and severely hinders the delivery of humanitarian aid by international aid agencies.

  4.  On 11 April 2003, Amnesty International published a document entitled Iraq: Looting, lawlessness and humanitarian consequences which describes the situation of lawlessness in Iraq and its humanitarian impact. The report draws attention to the responsibilities of the USA and the UK, as Occupying Powers, to restore and maintain public order and safety.[1]

  5.  Amnesty International delegates in Iraq have witnessed the effects of widespread looting and damage to public buildings and private property. Countless documents have also been burnt and destroyed. The destruction of documents is likely to have a significant negative effect on Iraqis, from the settlement of property claims to providing evidence of past human rights violations.

HUMANITARIAN IMPACT

  6.  A number of humanitarian organisations have highlighted the impact of lawlessness on the delivery of humanitarian aid. These concerns were reiterated to the Security Council on 22 May by the Deputy Secretary General of the UN, reporting on the delivery of humanitarian aid, stating that the breakdown of law and order in Iraq was "severely undercutting" attempts to deliver humanitarian assistance to the Iraqi people.[2]

  7.  More than 1,000 refugees, including hundreds of women and children, remain stranded in the "neutral zone" between the borders of Iraq and Jordan. The majority are Iranian Kurds, who fled the camp of Tash outside Baghdad. An unknown number of Syrian and other nationals who had fled their homes after the fall of Saddam Hussein's government have been amassing at the Syrian border. Some had been living under the protection of Iraq for decades, and were being refused entry to Syria. Clarification of the current humanitarian and legal situation of refugees and other foreign nationals would be welcome.

  8.  While many of these refugees have sought to escape the volatile situation in Iraq, there is a risk that returning to their country of origin might mean a return to persecution, particularly for those who are perceived as being affiliated with the previous Iraqi government. It is also possible that many foreign nationals living in Iraq would be at risk of serious human rights violations if they were deported from Iraq to their country of origin or otherwise repatriated in a non-voluntary manner, even though many of them may not have been given formal refugee status in Iraq. As Occupying Powers, the USA and the UK have a responsibility under international law to protect all civilians from human rights abuses. This includes guaranteeing the protection of refugees, internally displaced people and third-country nationals against attacks, arbitrary arrest and from being returned to countries and territories where they might be at risk of human rights abuses.

WIDER SOCIAL IMPACT

  9.  Iraqi civilians interviewed by Amnesty International delegates repeatedly stressed the urgent need for order and security. Tensions appear to be exacerbated because people don't seem to know who is in charge, or who to turn to for information or to address certain problems, including those related to safety and security, missing persons, detainees or other concerns.

  10.  An emerging concern and consequence arising from the present insecurity are the numerous reports of violent attacks and revenge killings of Iraqis by Iraqis, including those directed against former members of the Ba'ath Party.

"Disappearances" and mass graves

  11.  Over the past 20 years, thousands of "disappearances" have taken place in Iraq. Amnesty International has the names of 17,000 people who "disappeared" during Operation Anfal in 1988. "Disappearances" are a particularly pernicious form of human rights violation, because relatives continue to suffer from lack of knowledge of what has happened to their family members. Following the end of the conflict, Iraqis began desperately searching for information about the fate of their loved ones. Rumours spread of "secret prisons" holding thousands of "disappeared" prisoners. Rumours included suggestions that voices had been heard from underground in various places. A list of underground prisons had been posted near a mosque in al-Haritha.

  12.  Irene Khan, Secretary General of Amnesty International, wrote to US President George W. Bush and UK Prime Minister Tony Blair on 3 May 2003 to seek their intervention in relation to the collection of information on cases of "disappearances" in Iraq and the safeguarding of all the evidence collected. The information and evidence collected or recorded by US and UK forces relating to Iraqi "disappeared" or otherwise missing persons, or in their possession, should be made fully available to future impartial and independent investigations and prosecutions. It should also be channelled to the International Committee of the Red Cross (ICRC). The ICRC is already recording such information and has mechanisms in place to assist people who are seeking information on relatives or loved ones with whom they have lost contact, including those who have "disappeared". Information should also be made available to the UN Working Group on Enforced or Involuntary Disappearances and to relatives of the "disappeared". The work of reliable Iraqi organisations in this respect should be assisted and encouraged.

  13.  As mass graves have been discovered, Iraqis have begun digging up bodies themselves in a search for their loved ones. At one grave site in the town of al-Mahawil, near al-Hilla, Iraqis have dug up some 3,000 bodies from a site that is said to contain up to 15,000 "disappeared" people. All are believed to have been arrested and summarily executed in the aftermath of the 1991 uprising.

  14.  Whilst understanding the desperation of many Iraqis, Amnesty International believes that it is vital that the mass graves are protected and that evidence is not disturbed. Graves should be secured.

US AND UK ACTION

  15.  The humanitarian situation in Iraq cannot be fully addressed or properly responded to unless security is restored first. It is important to note that the latest Security Council resolution on Iraq, adopted by the Council on 21 May 2003, explicitly requires the USA and the UK (the "Authority"), among other things, "consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future."

  16.  Amnesty International notes the recent deployment of 24 civilian experts by the UK government to support ORHA (Organisation for Reconstruction and Humanitarian Assistance).[3] We would call on the UK government to ensure that they play a role in improving humanitarian assistance, and that their role is defined within the responsibilities of the Occupying Power as set out in international law.

  17.  As Occupying Powers, the USA and the UK are the current guardians of security, and have clear responsibilities to restore and maintain public order and safety in all areas under their control. US and UK forces must also ensure that any use of force is necessary and proportionate to the threat, in accordance with international standards.[4] In this context, Amnesty International is concerned about recent events in Falluja and Mosul, in which at least 20 people were killed and 28 wounded when US troops opened fire on Iraqi demonstrators.

  18.  In the absence of sufficient local police forces, a large burden of security maintenance falls on US and UK soldiers. Adequate guidance and training in policing must be given to the military charged with maintaining public order. Additionally, the USA and the UK must deploy forces in sufficient numbers and with the right training and equipment to restore law and order. They must also ensure that any use of force is necessary and proportionate to the threat.

  17.  Amnesty International welcomes the recent deployment of a UK policing assessment mission to Iraq "to advise on the stabilisation of the security situation and to participate in a comprehensive review to assess how best to rebuild the Iraqi police service."[5] The mission should ensure that international human rights standards are at the heart of its assessment.

  18.  Amnesty International notes that the Foreign Office has stated that "coalition forces continue to take law and order very seriously and have started patrols with local police to crack down further on looting."[6] It should be noted that Amnesty International delegates have been permitted to visit two police stations in Basra and a checkpoint to observe the conduct of British personnel and Iraqi police. This cooperation is welcome, and we hope it will continue.

  19.  Information on the process by which local police are being recruited, the screening process in place and the training programmes for them would be welcome, particularly information relating to the incorporation of international human rights standards into such training. Those reconstituting police or security forces must set up fair vetting procedures, to reduce the chances of restoring to their duties officials who may have been involved in serious human rights violations.

  20.  The level of insecurity, incidents such as those in Falluja and Mosul and the use of locally recruited police as well as troops in law and order maintenance all point to the need for an effective and transparent human rights monitoring mission. Amnesty International recommends the immediate deployment of human rights monitors to Iraq. Human rights monitors could provide some measure of protection from abuses by undertaking fact-finding missions, impartially investigating and documenting allegations of abuses by any party, and proactively seeking redress for violations. They would aid the protection of people's rights by raising cases and issues directly with the authorities on the ground and by providing authoritative and timely information to the international community. They could also support work to ensure the establishment of durable human rights safeguards, including reformed legislation, practices and institutions, and promote the full range of human rights.

  21.  There will be a need for sufficient resources to establish a visible and effective field presence of human rights monitors in all regions of the country. Monitors should have the widest powers of access to documents, people and places, including known or suspected prisons and detention centres. All relevant authorities should be required to cooperate, including by assuring the confidentiality of interviews with detainees and others whenever requested. The mandate of the human rights monitors should cover human rights abuses in Iraqi territory by any party, and they should stay as long as necessary.

RECONSTRUCTION

  22.  Amnesty International believes that the reform of the Iraqi criminal justice system is fundamental to a sustainable reconstruction of public security and a rule of law in Iraq that represents a clear break from the gross human rights violations of the past decades.

  23.  This will require, in particular, an independent judiciary, a professional civilian police force, adequate detention facilities and a framework of law which adheres to international standards. Amnesty International would welcome further clarification of the scope and nature of the review of Iraqi penal legislation and code of criminal procedure that we understand is being carried out.

  24.  The first step to identify both appropriate transitional arrangements and longer-term reconstruction priorities is an in-depth authoritative analysis of the situation in Iraq. The process would be best facilitated by bringing to Iraq an International Commission of Experts to work with Iraqis in assessing the needs of the Iraqi criminal justice system and making recommendations for its long-term reform and for any transitional mechanism that may be needed in the meantime. The UN should ideally play the leading role in developing proposals for reforming the Iraqi criminal justice system, as well as recommending transitional and complementary approaches. Amnesty International recommends the establishment by the United Nations of a commission of experts, working in close consultation with Iraqi society. Such a commission should be constituted and deployed as soon as possible.

  25.  In the context of criminal justice, it should be noted that Amnesty International believes that those responsible for human rights violations in the past should be held accountable for their actions. A commission of experts should also advise on the best mechanism to address responsibility for past abuses.

Prison facilities

  26.  From discussion with several British officers in Iraq, Amnesty International delegates understand that there are no operating prisons in Basra, but prison advisers are due to visit Basra to advise on the building of new prisons. This is welcome. We are particularly pleased that the British forces do not apparently want to use the old sites, due to the connotations of former prisons with torture and other human rights violations. Amnesty International would welcome further exploration of this issue by the International Development Committee when it meets the Secretary of State.

RETURN OF REFUGEES AND ASYLUM-SEEKERS FROM IRAQ

  27.  In accordance with international refugee and human rights law standards, Amnesty International considers that current conditions in Iraq are not conducive to the promotion of voluntary repatriation. No government should proceed at this stage with the non-voluntary return of Iraqi refugees and asylum-seekers to Iraq. No return should take place that would lead to returnees finding themselves in a situation of internal displacement, or where it is reasonably possible that further displacement may result. Discussions on phased returns of Iraqis should only commence following an objective, thorough and independent assessment that a safe, dignified and sustainable return in accordance with international standards is possible.

4 June 2003









1   Amnesty International, Iraq: Looting, lawlessness and humanitarian consequences, 11 April 2003 (AI Index: MDE 14/085/2003). This report is available online at http://web.amnesty.org/library/index/engmde140852003. Back

2   UN Press release, 22 May: (http://www.un.org/apps/news/story.asp?NewsID=7175&Cr=iraq&Cr1=relief) Back

3   Foreign Office Press Release, 14 May 2003 Back

4   Relevant international standards include the 1979 UN Code of Conduct for Law Enforcement Officals and the 1990 UN Basic Princpiles on the Use of Force and Firearms by Law Enforcement Officials. Back

5   Foreign Office Press Release, 13 May 2003 Back

6   Foreign Office, Iraq: Frequently Asked Questions, May 2003 Back


 
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