Press Release: UN & EU asked to act on Syrian Human Rights

Mr Jacques Barrot

Vice-President of the European Commission

Responsible for Justice, Freedom and Security                                      

European Commission
B-1049 Brussels, Belgium

Ref: WT/150208/1/EU                                                                                                      10 November 2008

 

Dear Mr Barrot,

Syrian human rights: the need for justice and freedom action

It is widely acknowledged that the Syrian Arab Republic is a key player in the Middle East and among Mediterranean Union countries. Some commentators even go so far as to consider that Syria holds the key to peace through its links with Palestinian and Iranian affairs. Whilst this analysis may or may not be correct, I present it by way of not only introducing myself as Director of the above concerned Foundation, but also in order to suggest that attention needs to be given to a list of important (and pending) human rights, justice and freedom issues within this country. Issues which, if addressed by yourself on behalf of the European Commission, will go some way towards elevating the profile on fundamental rights in a region which is not precisely known for upholding the central tenets of the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ratified by Syria on 21 April 1969), and other international human rights instruments.

Indeed, with regard to requirements under European law, concerns under Article 11(1) of the Treaty on European Union establishing the promotion of human rights as an objective of the Common Foreign and Security Policy, and those under Article 177 of the Treaty establishing the European Communities have led not only to the European Parliament’s adoption of Resolution P6TA(2007)0217 of  24 May 2007, but also to the formulation of a series of other resolutions regarding Syria (cf. that of 26 October 2006). Indeed, concern has not been limited to that expressed at parliamentary level, but that which is also embodied in measures such as the EU Presidency Statement of 14 May 2007 on the sentencing of intellectual Michel Kilo and politician Mahmoud Issa in that country.

European institutions, in short, have by no means been indifferent or passive. Yet more needs to be done, and to this end I urge you to consider the further contents of this letter.

It is our contention to you that, precisely now, when Syria is keen to play a mediating role in the Arab/Israeli scenario, and to foster a good image and relationship with the EU Presidency, that she is most likely to be responsive to approaches from yourself on matters of human rights. Time and history may, thus, be on our side in overcoming the deafness towards fundamental rights in Syria if we act now. In particular, Syria is keen to make progress on negotiations with the European Union in its Partnership Agreement, a step which is considered a first qualifying move towards the creation of a free trade market involving all Mediterranean and European countries (including Israel and Jordan) by 2010 within the context of the Union for the Mediterranean. Negotiations with Syria have been stalled since 2004 and there are signs that President Bashar al-Assad is keen to progress on this Agreement. The moment for human rights to be placed squarely on the table with Syria could not be more opportune than at the present.

What, in our view, therefore are the key issues of concern? They can be pinpointed as follows*:

1. Emergency Law – Legislative Decree No. 51 dated 22 December 1962

Emergency Law has been in place in Syria since March 8, 1963, when the Ba’ath Party seized power. As presently codified, the Emergency Law designates the Prime Minister as the martial law governor of the country, and the Interior Minister as his deputy. It gives them extraordinary powers, creating an environment wherein the authorities abuse the most basic rights and freedoms of the Syrian people on a wide scale. Decree No. 51 is routinely utilised in Syria to apply arbitrary measures to silence critics in the name of safeguarding national security. Article 38 of Syria’s Constitution guarantees the right of every

citizen to “freely and openly express his views in words, in writing, and through all other means of

expression.” As a party to the International Covenant on Civil and Political Rights, Syria has an

international obligation to uphold the rights to freedom of expression, association and assembly as well as the right to a fair trial.  

 

 

2. Law on Associations and Private Societies – Legislative Decree No. 93 of 1958

 

Despite the fact that, on the face of it, the Syrian Constitution protects the right to freedom of association, the severe and arbitrary legal limitations placed on Syrian citizens by Law No. 93 have the practical effect of constraining fundamental rights within the country. Human rights groups, for instance, are frequently refused official registration and can only exist on the margins of legality. Intrusive official scrutiny and harassment are also facilitated by the provisions of Law 93. This may include prohibition from travelling overseas for activists, as well as arbitrary arrest and trial. In effect, Law 93 permits a situation whereby government acts as the sole arbiter over citizens’ rights.

 

This situation is extended via provisions whereby the Ministry of Social Affairs and Labor (MoSaL) is empowered to oversee the authorisation (or not) of associations and NGOs. Associations must notify MoSAL of their meetings, and representatives of the Ministry have the right to attend. In addition, MoSAL has the authority to regulate the ties of any local group with the international community, ensuring that local associations are severely restricted in their ability to finance their operations or seek advice, expertise, support, and cooperation from abroad.

 

3. Immunity of security forces  – Legislative Decree No. 64 dated 30 September 2008

 

Speculation as to the reasons for the introduction of this new legal instrument identifies three specific points, namely:

 

·         More effective ability of State authorities to persecute opponents of the regime and human rights defenders by providing wide-ranging protection of police and other security/intelligence personnel against possible prosecution for violations of international human rights standards.

·         In the light of the expected investigation and trial surrounding the assassination of Lebanese Prime Minister Rafik Hariri in which the State of Syria is alleged to have been implicated, provide legal cover for any involved personnel.

·         Provide a similar domestic legal framework for Syrian personnel who may be active abroad (in Iraq, for example).

 

 

Whilst making mention of the broad framework in which this new legislative move has been placed by commentators, it is referenced here for your information. The central concern of my particular presentation to you, however, naturally rests on the first of these points: the unreasonable impunity being provided by the Syrian State in its approach to human rights and their violators.

 

 

 

 

4. Prisoners of Conscience

 

Syria’s jails are a living testament to the fact that dissent is not tolerated, crowded as they are with a long list of pro-democracy and human rights opponents of intellectual and moral note, (twelve of whom, represented below in italics, were imprisoned following a crackdown from 9 December 2007) who found themselves in prison as a result of advocating democracy:

1.       Dr Kamal al-Labwani (51), Founder and  Leader of the Liberal Democratic Party, physician, internationally-recognized painter and leading pro-democracy and human rights proponent, serving a total of 15 years imprisonment

2.      Walid al-Bunni (44), physician  

3.      Yasser al-`Eiti, (40), physician and poet

4.      Feda’ al-Hurani (51), physician 

5.       Akram al-Bunni (51), writer

6.      Ahmad To`meh (51), dentist

7.       Jabr al-Shufi (60), Arabic-literature teacher  

8.      Ali al-`Abdullah (58), writer

9.      Fayez Sarah (58), writer and journalist

10.   Muhammad Hajji Darwish, 48, businessman

11.    Marwan al-`Ush (52), engineer  

12.   Riad Seif (61), former member of parliament

13.   Talal Abu Dan (55), painter and sculptor

14.   Anwar al-Bunni (49), lawyer and human rights activist, head of the Legal Rights Center in Syria

15.   Tareq Al-Ghorani (21), Associate Engineer

16.   Omar Ali Al-Abdullah  (21), student

17.   Allam Fakhour  (29), student

18.   Ayham Al-Saqr (30), hairdresser

19.   Husam Ali Al-Mulhim (22), student

20.   Diab Siriyeh (21), student

21.   Maher Isber Ibrahim (26), businessman

 

 The Kurdish community

Syrian Kurds are denied their nationality. The official means for such denial can be traced back to a National Census carried out in 1962 in which 300,000 Kurdish citizens (mostly to be found in Hassaki Province) were omitted from the population count. The consequences for Syrian Kurds have been catastrophic – fundamental rights and everyday expectations of nationals simply do not exist for these “non-people” as a result. Recognition of this fundamental violation of Kurdish citizens’ rights in Syria forms the core of demands by Kurdish political parties in Syria**all of which are considered illegal by the State.

The Syrian Ba’ath Party, which has governed the country since 1963, acknowledged “the problem of the 1962 National Census” in Hassaki Province among its formal resolutions in its 10^th National Conference held 6-9 September 2005. No rectification, however, has come about addressing the injustices suffered by Kurdish Syrians.

The importance of addressing the recognition of the Syrian Kurdish population is highlighted by the fact, without any doubt whatsoever, that Kurds are subjected to a more persistent and more acute level of persecution within Syria than is experienced by almost any other sector of the population. The Kurds’ human rights are violated in an almost routine manner in Syria today.

Following on from the above mention of the resolutions arising from the 2005 Ba’ath Party National Conference, it is, perhaps, appropriate to detail them for the relevance they throw on the overall picture in the country. The resolutions were as follows:

1)      To extend public participation in the nation’s political life

2)      To review the Constitution

3)      To review electoral law

4)      To produce new legislation for political parties

5)      To review the status of Emergency Law

6)      To review the law governing publications and media

7)      To reinforce women’s participation

The very fact that the governing Party ‘resolved’ in 2005 to take all of these modern fundamental issues into account in its official resolutions to action is both i) a clear acknowledgment and indictment of deficits in these areas and ii) a confirmation that international political and human rights pressure on the Syrian regime does filter through, however tacitly.

 

Recommendations

• In view of the aforesaid, it is, in our view, of the utmost importance that, in the office of         Vice-President of the European Commission Responsible for Justice, Freedom and Security, you should request of the President of the European Council, Mr. Sarkozy, to demand not only stronger and more explicit guarantees with respect to Syria’s general human rights record and provisions prior to signature of any EU-Syria Partnership Agreement, but also that he uses whatever means may be available to him (whether direct or back-channel routes) to effect the following specific demands regarding Syria’s human rights deficits in the context of the requirements for Mediterranean Union membership:

 

·         Prisoners of Conscience: those detained or otherwise imprisoned in Syria for having advocated democratic values and/or human rights (to include but not be necessarily limited to our         above-quoted list) must be released immediately and unconditionally.

 

·         Security Services: Syria should require these to:

 

–          stop arbitrarily arresting activists;

–          cease the practice of arbitrarily denying passports to activists or banning them from travelling;

–          stop harassing activists through arbitrary detentions and regular interrogations;

–          stop interfering in the trials of activists;

–          end the impunity of the security agencies by taking immediate and practical steps to make the country’s various security forces accountable for their conduct under the rule of law. Such steps should include the investigation, prosecution, and punishment of members of security forces who arbitrarily detain and interrogate activists.

–           

• Law No. 51: after 46 years, it is time for Syria to abrogate its Emergency Law and return full and unqualified Constitutional rights to its people.


• Law 93: freedom of association needs to be changed to allow human rights associations and defenders the necessary freedom to secure fundamental rights in-country.


• Law No. 64: the present immunity of human rights violators conflicts with international human rights law and must be rescinded immediately.


• The Kurdish Syrian population: their rights must be recognised – specifically, by granting them full Syrian nationality through inclusion in the National Census.

 

I thank you for your kind consideration and attention and look forward to hearing from you.

 

Sincerely,

 

Wissam K. Tarif

 

Director