Six international human rights organizations issued a joint written statement to the UN Human Rights Council to adopt measures in order to prevent future serious human rights violations. This joint written statement draws the attention of the Human Rights Council to the situation of the inhabitants of Camp Ashraf in Iraq.
The joint written statement is as follows:
Human Rights Council
Eighteenth session
Agenda item 4
Human rights situations that require the Council’s attention
Joint written statement submitted by France Libertés : Fondation Danielle Mitterrand, the Marangopoulos Foundation for Human Rights (MFHR), the Women’s Human Rights International Association (WHRIA), the World Organisation Against Torture (OMCT), nongovernmental organizations in special consultative status, the International Educational Development, Inc., the Mouvement contre le racisme et pour l’amitié entre les peuples (MRAP), non-governmental organizations on the roster
The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31.
[24 August 2011]
The residents of Camp Ashraf need an effective physical protection: Concrete measures have to be adopted for the prevention of future serious human rights violations
We would like to draw the attention of the UN Human Rights Council, as the principal political body for Human Rights of the United Nations, to the situation of the inhabitants of Camp Ashraf in Iraq. The Human Rights Council should take urgent measures to prevent a repetition of serious human rights violations and attacks on its residents by ensuring an
effective protection of its residents until a safe and durable solution has been found.
Camp Ashraf (Iraq), situated 90 km. north-east of Baghdad, is home to 3,400 unarmed, civilians, members of the People’s Mojahedin Organisation of Iran (PMOI). There are about 1’000 women in the Camp. In July 2004, Camp Ashraf residents were entitled as “protected persons” to the protections provided in the Fourth Geneva Convention. The United States of America administration also signed an agreement with each resident to protect them until their final disposition. In January 2009, the USA handed the protection of Camp Ashraf over to the authorities of Iraq. In July 2009, Iraqi Military Forces attacked the Camp, leaving eleven residents dead and hundreds injured. In April 2011, a new, more violent attack, left 36 dead and hundreds injured. Subsequently, the Government of Iraq reiterated its firm determination to close down Camp Ashraf by the end of 2011. The severity of humanitarian conditions in Camp Ashraf and the concerns over a possible new attack necessitate the adoption of urgent measures by the international community.
Effective measures need to be put in place to ensure respect for the full body of international law, notably international human rights law as contained amongst others in the UN Covenant on Civil and Political Rights (1966) and the UN Convention Against Torture (1984). These obligations apply not only to the citizens of Iraq but to all those under the
jurisdiction irrespective of their status. There is thus both a negative obligation of the state of Iraq not to violate the rights of the residents of Camp Ashraf as well as the positive duty to protect those under its jurisdictions from attack. In addition, continuous protection is required under international humanitarian law, notably the Fourth Geneva Convention (1949), and compliance needs to be ensured with international refugee law as provided in the UN Convention relating to the status of refugees (1951).
The undersigned organizations are deeply concerned by:
• the two massacres that occurred on 28 and 29 July 2009 and 8 April 2011, against which both Camp Ashraf residents and organizations defending human rights had previously alerted the international community;
• the Iraqi Government deadline to close Camp Ashraf before the end of 2011 without a safe solution for the inhabitants of the camp which causes an acute risk of further serious human rights violations,
• the pressure repeated by Iranian officials, including the Minister of Intelligence who, on 25 June 2011, reiterated “the need for the dismantling of Camp Ashraf as quickly as possible” causing serious concerns about the safety of the residents of the Camp;
• the absence of any assurance for the protection of Camp Ashraf while Iraqi forces which carried the April 8 attacks still remain in Ashraf, the absence of any credible investigations into the events, and the absence of an effective international presence;
• the forthcoming withdrawal of United States of America forces in the Province of Diyala, where Camp Ashraf is located;
• the aggravation of the Medical blockade on Camp Ashraf directly endangering the survival of critically ill and many residents who were wounded during the attack on last April 8. We welcome that a number of authoritative voices have stressed the need for effective protection as well as the need to search for a viable solution for the residents of Camp Ashraf, notably:
• The High Commissioner for Human Rights (Mrs. Navanethem Pillay) declaration of 15 April 2011 who, who underlined the need for a transparent, neutral and complete investigation on the massacre of last 8 April, and who called on countries to consider a practical solution for the transfer of Camp Ashraf residents to a country other than Iraq and Iran;
• The High Representative of the European Union for Foreign Affairs and Security Policies (Baroness Catherine Ashton) declaration of 9 April concerning the massacre of last 8 April, underlining the fact that “the EU has continuously and repeatedly called on the Iraqi government to refrain from the use of violence and to respect the human rights of the Camp’s residents” and stressing the need “to grant access to Camp Ashraf to independent international observers”;
• The plan of the European Parliament for the transfer of Camp Ashraf residents to third countries, which implies the need to ensure the safety of residents and the installation of United Nations observers during the transfer;
• The support expressed by a number of European governments for the European Parliament plan;
• The report of 7 July of the United Nations Secretary General to the Security Council (S/2011/435), calling on Member States “to help to support and facilitate the implementation of any arrangement that is acceptable to the Government of Iraq and the Camp residents”;
• The amendment of 22 July of the Committee on Foreign Affairs of the US Congress opposing displacement of Ashraf residents on Iraqi soil and calling for the adoption of appropriate measures in accordance with international agreements and commitment of United States, to ensure the physical security of Camp Ashraf residents.
Considering the urgency of preventing future attacks and serious human rights violations and the need for ensuring an effective protection of Camp Ashraf residents, the undersigned organizations:
1. Call upon the Human Rights Council to firmly condemn the attacks of Iraqi Military Forces on the civilian residents of Camp Ashraf and to recall the obligation of Iraq to ensure the protection of human rights to all those under its jurisdiction, including the residents of Camp Ashraf, and to recall the obligation to uphold the principle of non-refoulement;
2. Call upon the Human Rights Council to ask the High Commissioner for Human Rights to conduct an independent investigation into the human rights violations committed on April 8, 2011, and to submit recommendations on the prevention of future attacks and effective measures of protection.
3. Call upon UNAMI and the High Commissioner for Human Rights to monitor the human rights situation in Camp Ashraf by providing independent observers to prevent another attack before the transfer of all residents takes place;
4. Call on the UN High Commissioner for Refugees to provide international protection for residents of Camp Ashraf through a prima facie determination of their refugee status, before any individual consideration (‘inclusion versus exclusion’).