Censure of Malalai Joya Sets Back Democracy and Rights
Human Rights Watch, May 23, 2007
New York – The Afghan parliament should immediately reinstate Malalai Joya, a member
suspended for criticizing colleagues, and revise parliamentary procedures that
restrict freedom of speech, Human Rights Watch said today.
On May 21, 2007, the Lower House of the Afghan parliament voted to suspend Joya for
comments she made during a television interview the previous day. It is unclear
whether Joya's suspension will run until the current parliamentary session ends in
several weeks or whether she will be suspended for the remainder of her term in
office, which ends in 2009. In addition to her suspension from parliament, several
legislators have said that Joya could be sued for contempt in a court of law.
"Malalai Joya is a staunch defender of human rights and a powerful voice for Afghan
women, and she shouldn't have been suspended from parliament," said Brad Adams, Asia
director at Human Rights Watch. "Joya's comments don't warrant the punishment she
received and they certainly don't warrant court proceedings."
Joya had criticized the parliament for failing to accomplish enough for the Afghan
people, saying, "A stable or a zoo is better [than the legislature], at least there
you have a donkey that carries a load and a cow that provides milk. This parliament
is worse than a stable or a zoo."
On May 22, a recorded version of Joya's interview was shown during a session of
parliament. Afterward, a majority of her colleagues found her guilty of violating
article 70 of the Afghan legislature's rules of procedure, which forbids lawmakers
from criticizing one another. Joya's specific crime was "insulting the institution
of parliament."
Human Rights Watch noted that members of parliament have regularly criticized each
other, but no one else has been suspended.
"The article banning criticism of parliament is an unreasonable rule that violates
the principle of free speech enshrined in international law and valued around the
world," said Adams. "The Afghan parliament should be setting an example by promoting
and protecting free expression, not by stamping it out."
Human Rights Watch urged the Afghan parliament to take steps to revise article 70
and ensure that elected representatives can speak freely without fear of suspension
or lawsuits.
Joya, 28, is the youngest member of the Afghan legislature. As a 19-year-old refugee
in Pakistan, she taught literacy courses to other Afghan women. During the Taliban
years, she ran an orphanage and health clinic in Afghanistan. In 2003, she gained
international attention for speaking out publicly against warlords involved in
drafting the Afghan Constitution. Two years later, she was the top vote-getter from
Farah province in Afghanistan's parliamentary elections, and was easily elected to
the lower house of the legislature.
Since her election, Joya has continued to be an outspoken defender and promoter of
the rights of Afghan women and children. She has also continued to publicly call for
accountability for war crimes, even those perpetrated by fellow parliamentarians.
Joya has survived four assassination attempts, travels with armed guards and
reportedly never spends two nights in the same place.
"Joya is an inspiring example of courage," said Adams. "Afghanistan's international
friends should not hesitate to speak out in her defense."
http://hrw.org/english/docs/2007/05/23/afghan15995.htm