CASE No - Inter-Parliamentary Union

CL/183/SR.1
ANNEX III
CASE No. AFG/01 - MALALAI JOYA - AFGHANISTAN
Resolution adopted unanimously by the IPU Governing Council at its 183 rd session
(Geneva, 15 October 2008)
The Governing Council of the Inter-Parliamentary Union,
Referring to the case of Ms. Malalai Joya, a member of the House of the People of
Afghanistan, as outlined in the report of the Committee on the Human Rights of Parliamentarians
(CL/183/12(b)-R.1), and to the resolution adopted at its 182 nd session (April 2008),
Noting that the Committee met with the Deputy Speaker of the House of Representatives
and two other members of the Afghan delegation at the session it held during the 119 th Assembly, and
taking account of the information the delegation provided,
Taking account of the information provided by various sources on 5 September and
10 October 2008,
Recalling that on 21 May 2007 the House of the People of Afghanistan (Wolesi Jirga)
decided to suspend the parliamentary mandate of Ms. Joya, member of parliament for Farah province,
until the end of her term for violating Article 70 of the Standing Orders in respect of a television
interview in which she had spoken disparagingly of members of parliament, apparently in the context of
her staunch criticism of the former warlords; noting that the recording of the television interview in
question was reportedly edited intentionally to discredit her and to provoke her suspension and that she
herself, despite requests, has not been given a recording of the interview,
Considering that, according to Article 70 of the Standing Orders (Rules of Procedure), the
Speaker of the House of the People can apply as a disciplinary measure advice, warning, publishing the
name of the offender in the official Gazette of the Jirga and depriving the offending member from
attending the session of that day, but that a member can be suspended for a period of longer than one
day only at the request of the Administrative Board and with the subsequent approval of Parliament;
however, this procedure was not followed in Ms. Joya’s case as the Administrative Board was not seized
and did not issue any recommendation,
Considering in this respect that, according to a report published on 25 September 2008 in
the Pajhwok Afghan News Agency, the Chairman of the parliamentary Committee on Immunity and
Privileges of Members of Parliament, Mr. Gul Padshan Majedi, stated that Ms. Joya’s expulsion was
unlawful, of which statement the Afghan delegation was unaware; that, however, while affirming that
Ms. Joya’s words were highly insulting, the Deputy Speaker stated that her suspension was against
parliamentary norms and should not have happened; that Ms. Joya should contact the Speaker or
himself to ensure a smooth restoration of her mandate; and noting that he affirmed that every effort
would be made to restore Ms. Joya’s mandate before the end of the current parliamentary session,
which would be in one and a half months’ time,
Recalling that Ms. Joya had immediately protested against her suspension and the
procedure followed to secure it; but that only in February 2008, after she had collected the money to
pay for legal counsel and found a lawyer willing to take up her case, was she able to file a petition with
the Supreme Court; that, according to the sources, the Supreme Court has, however, taken no action so
far, claiming to be awaiting a response from parliament; that the efforts of Ms. Joya and her lawyer to
obtain such a response have been to no avail and that she and anyone representing her have been
banned from going to parliament; noting nevertheless that, according to the Deputy Speaker, she was
not banned and should have written a letter to the Speaker or himself,