David Matas, a former president of the Canadian Council for Refugees,
and I are meeting this week with with officials in various offices,
including the Representative of the UN Secretary General on the Human
Rights of Internally Displaced Persons and representatives of the UN
High Commissioner for Human Rights, the International Committee of the
Red Cross and the UN High Commissioner for Refugees, concerning this
new threat to the lives and safety of 3500 Ashraf residents.
The until-recently National Security Advisor of the Iraqi government,
Mr. al-Rubaie, has both declared and demonstrated clearly that he
wanted to make life "intolerable" for the residents of Ashraf. He
added at a press conference weeks ago, "Our focus now is on removing
the (Ashraf) group as quickly ...as possible..." He has also said that
he wants to place them in a remote desert of Iraq near Saudi Arabia, a
location which from all indications is uninhabitable except for
scorpions. In short, having failed to expel Ashrafś community to
certain death in Iran because of the principle of Non-Refoulement and
international pressure, Mr. al-Rubaie now wants to do as much harm to
them as he possibly can by dropping them in effect in an outer reach
of Iraq.
Here are some reasons why Ashraf residents cannot under international
law be forcibly moved from their long-established homes--for some as
long ago as the mid-1980s--to somewhere else within Iraq:
1-All of them want to remain in their present homes. As Iraqi
Vice-President, Tariq al-Hashemi, put it on May 12th, until there is
an international decision "...Iraq must guarantee the security and
safety of the PMOI individuals in the context of the Fourth Geneva
Convention because we are a civilized country committed to
International Law." I understand that another Vice-President of Iraq,
Abdel Abdol-Mehdi, has taken in effect the same legal position on the
issue.
2-Threatening to remove the Ashraf residents involuntarily has no
basis in any internationally-accepted standard for relocation,
including the right to housing, due process and the right not to be
removed except for legitimate reasons.
3-A legal opinion of Sir Michael Wood, a former senior legal advisor
in the United Kingdom Foreign Office, and Dr. Guglielmo Verdirame,
prepared for the National Council of Resistance of Iran (NCRI),
concludes; "Iraqi officials ordering or taking part in the forcible
transfer (of Ashraf residents) may incur international criminal
responsibility for crimes against humanity."
4-The opinion adds, correctly in my judgement, "...the planned
forcible transfer raises particular concerns in relation to the
following principles and standards applicable to the residents of
Ashraf:
-the obligation that they must be treated in all circumstances humanely;
-the prohibition on violence to life and person;and
-the prohibition on cruel treatment, torture, and outrages upon
personal dignity, including humiliating and degrading treatment."
5-Finally, the opinion says: "By forcibly displacing the residents of
Ashraf, Iraq might be in breach of its obligations under one or more
of the following rights guaranteed under the International Covenant on
Civil and Political Rights:
-the right to life, should lethal force be used in breach of Article 6;
-freedom from torture, or cruel, inhuman or degrading treatment or
punishment (article 7);
-the right to liberty of movement and freedom to choose one's
residence (article 12);and
-the right of aliens lawfully in the territory to be expelled only in
pursuance of a decision reached in accordance with the law (article
13)."
6-On the highly-relevent issue of the right to adequate housing, I
share the opinion's position as well: "In addition, it is also likely
that the forced eviction of the residents of Ashraf would breach their
right to an adequate standard of living, and in particular their right
to housing (article 11). In its general comments on this right, the
Committee on Economic, Social and Cultural Rights has observed that
'all persons should possess a degree of security which guarantees
legal protection against forced evictions, harassment and other
threats' and that 'forced evictions are prima facie incompatible with
the requirements of the Covenant'.
Conclusion
Any forced eviction of the refugees in Camp Ashraf would also appear
to violate article 7 of the Statute of the International Criminal
Court, which defines 'crime against humanity' to include a "systematic
attack directed against any civilian population", including a
"forcible transfer of population".
Iraq has not yet acceded to the Statute, but Iraqi officials can incur
criminal responsiblity under customary international law for crimes
against committed within Iraq.
Canada was a major advocate of the Responsibility to Protect concept
accepted at the World Summit of 2005. All states are now expected to
use peaceful means to help protect 'populations from genocide, war
crimes, ethnic cleansing and crimes against humanity'. Any forceful
removal of the residents of Ashraf to some other location in Iraq
would certainly appear to be a crime against humanity, which the
international community as a whole must strongly oppose.
Thank you.