DEATH PENALTY: Arab Abolitionist Movements Seek Unity
Rights activists have called for nascent abolitionist movements of the Middle East and North Africa to coordinate their efforts to press Arab regimes to end capital punishment.
'Civil society managed to put abolition on the agenda in many Arab countries,' says Mervat Reshmawy, a human rights consultant. But first they have to agree on a common goal, he says. 'Unfortunately, abolitionist movements in the region are still divided over whether to demand a moratorium (on executions), a reduction in the number of capital crimes, or full abolition.'
While capital punishment is legislated in all Arab countries throughout the Middle East and North Africa (MENA) region, its application varies from one country to the next.
Morocco, Algeria and Tunisia have maintained de facto moratoriums on executions for nearly two decades, though courts continue to hand down death sentences for various offences. Iraq, Yemen and Egypt strongly back the use of the death penalty, regularly carrying out executions by hanging or a firing squad.
In Saudi Arabia, which carried out at least 69 executions last year, criminals including juvenile offenders are beheaded in a public square.
Rights activists say deeply entrenched misconceptions about the death penalty prevail throughout the region. Many Arabs believe Sharia (Islamic law) to be the basis for capital punishment in their penal code, and attempts to repeal the death penalty from legislation have met stiff resistance from Islamists and conservatives.
'The public in Arab countries is unaware that Sharia limits the application of the death penalty to only a few crimes, and there are alternatives (to execution),' says Abood Sarraj, law professor at Damascus University.
Sarraj claims the majority of legislated capital offences are not found in Sharia, but rather are aimed at deterring violent crime and threats to state security. He argues that capital punishment has proven ineffectual in curbing crime rates, and that flawed Arab judiciaries prevent defendants from receiving fair trial.
'The number of crimes punishable by death in the MENA region is exceptionally large... and most are not related to Sharia,' he told abolitionists meeting in Egypt last month. 'We're against the death penalty because we know it is an ineffective deterrent to crime and really just an act of revenge. But now we need to convince the masses.'
Abolitionist movements were virtually unheard of in the Arab world a decade ago. Campaigns to end capital punishment are now active in over half a dozen MENA countries, and advocates have become increasingly vocal in recent years.
But it is not an easy battle. Campaigners say opposition from repressive governments and conservative religious groups has forced them to tread carefully. Many activists report being threatened or defamed.
'In Yemen, the public still perceives abolition as being against Sharia,' explains Taghreed Jaber, MENA regional director of Penal Reform International. 'Activists in Algeria face serious threats from Islamists, and it is very risky to campaign in any of the Gulf countries.'
Recognising strength in unity, activists from across the Arab world are building a regional coalition to help press their governments to abolish capital punishment. The coalition includes groups from Algeria, Egypt, Jordan, Lebanon, Morocco, Palestine and Yemen.
'We need more voices in the region to speak out against the death penalty,' says Jaber. 'Coalition activists need to be more involved in terms of proposing legislation, issuing statements and building the capacity of various civil society organisations.'
The drafting of the Alexandria Declaration in May 2008 was an important milestone for the regional movement. The document implores Arab regimes to comply with United Nations General Assembly Resolution 62/149, which calls for nations to impose a moratorium on executions as a step toward full abolition.
However, differences in the judiciaries, values and public sentiment in the various MENA countries have hampered attempts to define a unified strategy.
'There is no single strategy for abolition in the region -- you have to look at this issue country by country,' Magda Boutros of the Egyptian Initiative for Personal Rights told IPS. 'Each Arab country is very different, and there are sharp differences in opinion on the death penalty at the national level, and even within civil society itself.'
At a regional gathering in the northern Egyptian city of Alexandria last month, abolition strategies proved as diverse as the conference's delegates, who comprised members of civil society from nearly a dozen Arab countries, as well as international organisations.
Some activists pressed for a full and immediate repeal of the death penalty, arguing that abolition should be attained as quickly as possible to prevent the movement from losing momentum. Others favoured a gradual reduction in the number of capital offences, particularly those incompatible with Sharia.
A consensus was reached, however, that the initial objective of any regional campaign should be to urge parliamentarians to impose a moratorium on executions.
'All we are asking for now is a moratorium so that we can stop the bloodshed,' said sociologist Mustafa Al-Muraizeq of the Moroccan Organisation for Human Rights (OMDH). 'After that, we can debate strategies for full abolition.'
© Inter Press Service (2010) — All Rights Reserved. Original source: Inter Press Service