Human rights organization, Amnesty International, issued a new report on Kurdistan Region based on a fact finding mission in 2008. Whilst sounding improvements in the region, the main sway of the report was a warning that Kurdish security forces operate “beyond the rule of law”.
In a stark disapproval, Ismat Argushi, General Director of Security in Erbil, accused Amnesty international of hypocrisy, the use of outdated chronicles in allegations and lack of proof or evidence in some of the proposed cases.
Whilst one must assess the report by Amnesty International and the subsequent statement by General Director of Security in Erbil in due course and merit, the truth in reality is somewhere down the middle.
Kurdistan Region has taken remarkable steps since their hard-fought gains towards autonomy with a transition towards a system of democracy that is not only a first for Kurdistan, but is also new in Iraq. While advances have been made, the shortfalls and setbacks are obvious. Democracy and civil society is still in a period of infancy, and no democracy or nation renowned for human rights have reached the levels of today without their due teething-problems, obstacles and periods of instability.
Any reports by right organizations, Amnesty International or not, must address the subject firmly within its context. It’s very easy to pick out all the failings of a democracy and governance, who are although taking rapid steps towards modern society still have fundamental shortfalls that they have openly admitted that they are addressing.
In particular, in the post Saddam years since 2003, the Kurdistan Region has made strong strides in a number of areas with the advent of new laws around the media, preservation of woman rights and protection of ethnic minorities. In many respects, particularly the rights of women and secular institutions, Kurdistan is much better placed than their Iraqi counterparts further south or some of their neighboring countries. Again when judging a subject within its context, one can see Kurdistan has some of most liberal press laws in the region.
The report by Amnesty International accused the Kurdistan Regional Government (KRG) of failing to significantly diminish the powers of the Asayish, especially the Parastin and the Dezgay Zanyari securities agencies of the two main ruling parties in Kurdistan, KDP and PUK.
The report highlights the relative stability in the region compared with the violence further south, whilst acknowledging it has “made some important human rights advances”. However, according to Malcolm Smart, Amnesty International Middle East and North Africa Programme Director, this should not mask the fact that “real problems” remain in the region, including “…arbitrary detention and torture, attacks on journalists and freedom of expression, and violence against women…” Amnesty International has urged the KRG to address these matters immediately and hold those responsible for human rights violations, “The KRG must take concrete steps to rein in these forces and make them fully accountable under the law if recent human rights gains are to prove effective,” said Smart.
While noting that the number of cases of detainees without charge or trial had dropped from thousands to hundreds, it concluded that cases of torture in custody remained high. The authorities must do more to uphold media freedom according to the report, whilst pointing to the need to “…redouble their efforts to overcome discrimination and violence against women”, citing cases of honor killings, violence and subordination.
The broad allegations by Amnesty International, was largely rebuked by the detailed statement released by Argushi.
The perception of the statement was that the generalized nature of the report was not an accurate reflection on developments in the region in recent years and in particular was misleading to base some cases on old Baathist penal systems. The statement emphasized the government stance toward the importance of the rule of law and highlighted how the appointed legislative bodies had subsequently worked towards “…to draft new criminal codes in-line with international standards.”
The statement points to the “positive and encouraging steps” acknowledged in the report and specifically emphasized steps taken on a number of aspects of civil society and the rule of law in the quest to move toward a healthy democracy. Argushi believes “…this clearly demonstrates the KRG’s serious, concerted efforts to hold ourselves to the highest international standards on these issues”.
The statement in particular defends the Asayish, who were the main subjects of criticism, showcasing their “openness” and the fact they do not operate outside of the law. The statement showcased the strong government stance against the use of torture and the mechanisms available to punish the abuse of authority.
The Kurdistan Region has been very keen to move towards a more Western model of democracy and civil liberty. Human rights are something that the Kurds understand very well, after all it is a notion that they have been deprived from for so long. However, aspiration is one thing and advancement and attainment is another.
Whilst the Kurdistan Region has set these high-expectations, this doesn’t mean they can be achieved without its share of pains and criticism. However, in turn only with the acceptance of constructive criticism can such lofty heights be reached.
In the Kurdistan Region, minority representation is beyond the rest of Iraq and the greater region. When the rest of the country is ubiquitously bogged in violence and sectarian bloodshed, the security apparatus will never work perfectly, especially in the tough hostile political climate that is Iraq.
On their part, the Kurdistan Region should work towards eradicating the level of notoriety currently around the Asayish and some elements of freedom. A continued level of transparency is needed and region must in general at least demonstrate solid progress in any future report.
On the part of Amnesty International, it is very easy to be hyper-critical when you represent the sacred life and rights of a human been. However, even in a place like US, if one should delve deep into the subject matter, the police and security forces would come under heavy scrutiny. Even today there are cases of police racism and detainment of terrorism suspects under the harshest of conditions.
Let’s not forget a modern democracy such as Turkey with hopes and aspiration to join the elite EU club, has some of the notorious human rights records in the region, and long denied even the existence of a large section of its population.