CASE No - Inter-Parliamentary Union

- 2 - CL/183/SR.1
ANNEX III
Recalling that, according to the sources, members of parliament have regularly criticized
one another, but that no one else has been suspended on such grounds, not even those who have called
Ms. Joya a "prostitute" and a "whore" and have reportedly called for her to be raped and killed; noting
that, according to the Deputy Speaker, no one has been suspended as no one else had used such
disparaging language and that any member who had indisputably called Ms. Joya a whore or prostitute
should also be punished,
Bearing in mind lastly that Ms. Joya has constantly been receiving death threats and that her
safety in Afghanistan is at risk, in common with that of many other members of parliament,
1. Thanks the Afghan delegation for its cooperation and for the information and observations
provided;
2. Stresses that suspension is a disciplinary measure usually applied as a last resort only and
necessarily limited in time, normally one day and only in extreme cases and for recidivist
members can it, in some parliaments, amount to a maximum of 30 days, and that a
suspension for the entire term is in fact tantamount to a revocation of the parliamentary
mandate, wholly unlawful in this case as insulting language is not a proper cause for the
dismissal of a member of parliament; points out therefore that the parliament is not
entitled to pronounce a suspension for the entire term of a member of parliament;
3. Deeply regrets that Ms. Joya has been prevented from exercising her mandate for
17 months and her electorate deprived of representation in parliament on the basis of an
unlawful decision by parliament;
4. Is therefore very pleased to note that the parliamentary authorities recognize that Ms. Joya’s
mandate should be restored as quickly as possible, and earnestly hopes that this will indeed
happen before the end of the current parliamentary session;
5. Calls once again on the authorities to do everything in their power to identify and bring to
justice those making the death threats against Ms. Joya; reaffirms in this respect that the
Parliament of Afghanistan has a special responsibility when the security of its members is at
stake and that preventing impunity is in the last analysis the best means of protecting the
safety of members not only of parliament but also of the people; would appreciate
information as to the steps the parliamentary authorities have taken or envisage taking to
this end;
6. Requests the Secretary General to convey this resolution to the parliamentary authorities
and to the source;
7. Requests the Committee to continue examining this case and report to it at its next session,
to be held on the occasion of the 120 th Assembly of the IPU (April 2009), when it hopes to
be able to close the case following its satisfactory settlement.