Post-debates

Afterword : Amina Bouayach

I congratulate ECPM on the successful organisation of the 8^th World Congress Against the Death Penalty, which saw an increased mobilisation of abolitionists from the four corners of the world. The participatory approach adopted in the preparation of the Congress certainly played a part in this. There is no doubt that the diversity of the Academic Committee, which included representatives of human rights institutions, NGOs, experts and abolition activists, was reflected in the Congress programme, the themes chosen, and the speakers invited, enriching the quality of the debates and encompassing many issues of interest to the participants. The Congress saw the involvement of a growing number of young activists but also of political leaders, particularly from the African continent, testifying to a growing awareness of the issues surrounding abolition, particularly among the younger generations, and attesting to the relevance of the communication campaigns run by our colleagues.

As a result, the Congress took on a more universal dimension, defending the absolute supremacy of the right to life. It was in this universal context that the debates on the fifteen themes of the Congress programme took place. The Congress provided an opportunity to take stock of the situation in several continents and countries. Between those who still apply the death penalty, those where there is a de facto moratorium, and those who have taken the step of abolition in law, an absence of consensus emerges on the non-derogable nature of the protection of the right to life, as is the case for the prohibition of torture.

For let there be no mistake, the absolute prohibition of the violation of the right to life must become a peremptory norm from which all rights flow. As abolitionists, our goal must be clear and unambiguous: for the international community to recognise the right to life as the primary, supreme and inalienable right that cannot be diminished or undermined.

So what strategies should be adopted to counter the lack of consensus on the sanctity of the right to life among those who are still reluctant? The Congress provided an ideal opportunity to find out. Through discussions with participants about their experiences, their achievements, their failures, their aspirations and their “abolitionist battles”, the main point to emerge was the need to adapt to diversity – diversity of contexts and cultures, diversity of backgrounds, diversity of stakeholders. It seems essential to adopt tailored approaches, which have to be constantly updated and renewed, and adapted to regional and national contexts.

However, underlying these continually updated strategies, three distinct and interrelated processes can be seen, requiring three levels of intervention: the societal level, the political level and the legal level.

The societal process for abolition is the foundation on which our intervention strategies must be built. This means instilling a growing awareness of the issues linked to the abolition of the death penalty, the absurdities that arise from its application, the moral and humanist values that demand its abolition and the human tragedies that surround any death sentence. One example is the “Draw me abolition” campaign launched by the National Human Rights Council among Moroccan art students. Raising young people’s awareness of the fight for abolition must be part of any educational programme promoting human rights and freedoms. To this end, new communication technologies can be a valuable means of reaching as many young people as possible. I also believe that it is essential to make serious efforts to simplify arguments and concepts in order to make abolitionist discourse accessible to all.

It is only once the societal movement has taken root that a real political momentum can emerge around the issue, aimed at political actors and leaders, regardless of their political affiliation or leanings, because the fight for abolition must not be reduced to a partisan or ideological issue. The aim of our advocacy, activities, conferences and meetings is to normalise abolition, or rather to decry its absence. The universality of the right to life applies equally to everyone and is not contingent on any calculation or narrow interest. Protecting life is the duty of everyone and, above all, of elected representatives. It is therefore their responsibility to legislate, vote for and ratify abolition. With the ultimate goal: to abolish the death penalty in law.

The culmination of our efforts as abolitionists is the translation into law of the prohibition on endangering life. The repeal of all forms of capital punishment in the Criminal Code is both essential and necessary. Experience shows that enshrining the right to life, even in the supreme law of the land, that is to say its Constitution, does not systematically lead to the abolition of the death penalty. Abolition does, however, become more likely when this forms part of a comprehensive arsenal of legal and judicial reforms aimed at guaranteeing citizens’ fundamental rights. Opportunities are therefore rare, and it is crucial to have first raised sufficient awareness among a wide range of stakeholders. The role of judges, prosecutors and lawyers in this process cannot be underestimated. And it is no coincidence that a significant number of laws to abolish the death penalty around the world have been instigated by women and men from the legal profession.

What will the future hold?

As an abolitionist and an activist, I am optimistic. The large number of young people present at the 8^th World Congress Against the Death Penalty can only give us cause for satisfaction. It is clear that the future is in the hands of the younger generations, to whom we will one day pass the torch. Because abolition is not an end in itself, it is just one stage in the journey of a humanity that aspires to dignity, justice and freedom.

It was a pleasure and an honour to share so much with everyone present. Next year, I look forward to meeting more individuals who are passionate and convinced, but also people who are yet to be so.

Side events

Civil society public meetings

South Asia and Middle East (SAME) Network Against the Death Penalty: Stocktaking and the way(s) forward

South Asia and Middle East (SAME) Network

This open meeting allowed members of the Network to present and take stock of joint actions, sharing with participants effective and innovative strategies to combat the death penalty through litigation, multidisciplinary research, and creative communications. It was also an opportunity to reflect on the effectiveness of a regional network as a tool to enhance solidarity and coordination, drawing on a specific evaluation, presented at the meeting. Finally, members and participants discussed next steps, outlining common goals for the upcoming years, and ways to ensure the sustainability of the Network. The open nature of the meeting allowed participants to learn more about the work of Network members and discuss their insights as abolitionist experts in a complex region, while reflecting on the value of a regional, informal, flexible, members-led network against the death penalty.

Politics, human rights and the death penalty in the United States

Death Penalty Information Center (DPIC)

A panel discussion on politics, human rights and the death penalty in the United States. The panel featured former US Senator Russ Feingold, former Maryland Governor Martin O’Malley, and death-penalty experts Sandra Babcock, Faculty Director and Founder of the Cornell Center on the Death Penalty Worldwide, and Robert Dunham, Executive Director of the Death Penalty Information Center as well as a video presentation by Ohio State Senators Nickie Antonio and Stephen Huffman on their bipartisan efforts for abolition of the death penalty in their state. The debate was moderated by Robert Dunham.

Providing prisoners on death row with pen pals

German Coalition to Abolish the Death Penalty

One of the focuses of the German Coalition to Abolish the Death Penalty is the arrangement of pen-pal friendships with prisoners on death row in the United States. The workshop addressed the benefits of pen pals for both sides as well as different systems of arranging pen-friendships and their advantages and disadvantages. It also covered potential problems and how to deal with them, the perception of pen pals in the media, pen pals for minors, etc. Following the event at the World Congress, the Coalition, along with other workshop participants, is in the process of creating a new network: “Pen Pal Partners – Networking for Death Row Prisoners” network.

Abolition Now Tour transition workshop: What’s next? Building sustainable engagement

Together against the death penalty (ECPM)

The aim of this workshop was to bring together the young members of the six Abolition Now Tour delegations (from Democratic Republic of the Congo, Indonesia, Kenya, Lebanon, Morocco and the United States) to reaffirm their commitment to act for abolition of the death penalty in their country. Following completion of their priority actions, this workshop aimed to give them the impetus to consolidate their mobilisation and to define next steps within the work of local NGOs.

How states abolish the death penalty: Case studies

International Commission against the Death Penalty (ICDP)

This meeting aimed to launch and discuss the content of ICDP’s new report on “How states abolish the death penalty”. This document reviews the experiences of countries and US states as they moved towards abolition. Drawing on these lessons and experiences, the document provides guidance to states on how to abolish the death penalty. This work provides an essential contribution to the promotion of abolition of capital punishment in all regions of the world.

Sub-Saharan Africa in the vanguard of abolition: Recent developments and jurisprudence

Cornell Center on the Death Penalty Worldwide and Reprieve

During this session, a panel discussed new developments and resources in the fight for abolition of the death penalty in Sub-Saharan Africa. Attendees also received a new guide to the jurisprudence of the African Court and Commission on the application of the death penalty.

Effective defence in death penalty cases in Asia

The Rights Practice

Increased effectiveness of lawyers leads to fewer death sentences. With fewer death sentences it is easier to argue for abolition of the death penalty. The Rights Practice has been working with organisations across Asia – China, India, Indonesia, Malaysia, Pakistan, Singapore and Taiwan – to research the national situation for lawyers taking death penalty cases. This includes the legal, institutional and other obstacles to lawyers being able to perform effectively in various Asian countries. During this open meeting, the organiser presented the findings across the region and opened a discussion on how to improve effectiveness and influence changes in the law.

Challenging the State: the role of the international community in protecting human rights defenders on the frontline

Anti Death Penalty Asia Network (ADPAN)

The limiting of civil society space by authoritarian regimes is not a new practice. ADPAN members are increasingly restricted in their capacity to advocate for the abolition of the death penalty, to challenge other forms of state-sanctioned killing and to represent defendants facing the death penalty at their final hearings. Speakers from ADPAN member organisations in Bangladesh, the Philippines and Singapore shared their reflections on the realities of operating on the ground, the challenges of opposing state-sanctioned killing and what the international community needs to do to protect human rights defenders on the front line. The event was co-organised by ADPAN, Capital Punishment Justice Project and the Australian Embassy in Germany. The closing address was given by Philip Green, Australian Ambassador to Germany, Switzerland and Liechtenstein.

Mapping death row: foreign nationals sentenced to death across Asia and the Middle East

Death Penalty Research Unit, University of Oxford

The University of Oxford Death Penalty Research Unit presented its work on the creation of an interactive database mapping cases of foreign nationals sentenced to death across Asia and the Middle East and introduced its new project on mapping death sentences in drug-related cases. The aim of the meeting was also to invite attendees to subscribe to the case databases and/or collaborate with the Death Penalty Research Unit.

Roadmap to abolition: What role for bar associations?

International Bar Association’s Human Rights Institute (IBAHRI), Paris Bar and German Bar

This open meeting explored the role of bar associations in both retentionist and abolitionist countries in efforts towards universal abolition.

The death penalty in Francophone countries

International Organisation of La Francophonie (OIF)

OIF, in partnership with the Parliamentary Assembly of La Francophonie, organised a French-speaking workshop attended by some forty participants, including parliamentarians, former ministers and members of national and international NGOs. The aim of the meeting was to take stock of progress and obstacles towards abolition of the death penalty in the Francophone area. The rich discussions identified a number of avenues to be explored in terms of advocacy for the adoption of the Second Optional Protocol to the International Covenant on Civil and Political Rights; for the abolition of capital punishment in penal codes and codes of criminal procedure; for the reduction of sentences punishable by death; for support to the universal moratorium on the use of the death penalty adopted every two years by the United Nations General Assembly; and for the adoption of a protocol to the African Charter on Human and Peoples’ Rights on the abolition of the death penalty in Africa. The Francophone world has a strong abolitionist momentum: of the 82 member states of La Francophonie, only five have carried out executions in the last fifteen years. All the others have abolished capital punishment in law or in practice.

Civil society private meetings

The role of NHRIs in the process of abolition of the death penalty

Together against the death penalty (ECPM)

The role played by national human rights institutions (NHRIs) in the promotion and protection of human rights is paramount. The death penalty and related issues, such as compliance with international human rights standards and minimum standards on trial and detention, fall entirely within their mandate. This private meeting was intended to promote the exchange of good practices between NHRIs in order to better integrate the issue of abolition of the death penalty in their strategies.

The role of parliamentarians in the process of abolition of the death penalty

Together against the death penalty (ECPM)

Parliamentarians have a fundamental role in abolition processes at the national and international level. This meeting aimed to share good practices and reflect on new strategies to strengthen progress towards abolition of the death penalty.

Steering Committee of the World Coalition Against the Death Penalty

World Coalition Against the Death Penalty

The Steering Committee of the World Coalition Against the Death Penalty met on the fringes of the World Congress to develop the new strategy for the World Coalition 2023-2027. The meeting was open to all members of the World Coalition and approximately thirty organisations took part in the discussions. As an introduction, former US Senator Russ Feingold, President of the American Constitution Society, a new member organisation of the World Coalition, gave a speech on the death penalty in the United States and efforts to get the US to vote in favour of the UN General Assembly moratorium resolution.

General Assembly of the Francophone African Coalition Against the Death Penalty

Francophone African Coalition against the Death Penalty

The meeting provided an opportunity to gather the final signatures to complete the structure’s legal documents and adopt the Coalition’s annual action plan for 2023.

Death Penalty in Iran: Advocacy strategies

Together against the death penalty (ECPM)

Meeting of Impact Iran members and other actors aimed at strengthening identification of advocacy strategies.

Moratorium resolution: Advocacy strategies

Together against the death penalty (ECPM)

Coordination meeting of the members of the World Coalition Against the Death Penalty involved in a common advocacy strategy on the vote of the UN General Assembly Resolution for a universal moratorium on the use of the death penalty.