A. Promotion and protection of human rights
1. Accession to international human rights instruments
Recommendations 1, 18 and 21
14. Iraq ratified the Convention on the Rights of the Child in 1994 and the First and Second Optional Protocols to the Convention in 2008. It is still considering how to adapt its legal order prior to acceding to the Third Optional Protocol. In addition, it ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2011.
15. Iraq is examining the possibility of acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, determining the extent to which the provisions of the Convention can be integrated into relevant domestic legislation and laws.
16. Foreign workers in Kurdistan Region enjoy the same rights and privileges as locals, such as social insurance, and 17 per cent is deposited into the social insurance fund.
Recommendations 36, 37, 38 and 39
17. Iraq is working to improve its domestic legislation and bring it into line with its international obligations; although current legislation does not in fact contradict international standards.
18. A committee made up of retired judges from the Supreme Judicial Council has been brought together to review all legislation.
19. A number of laws reflecting the standards contained in international human rights instruments have been issued:
• Anti-Human Trafficking Act;14
• Persons with Disabilities and Special Needs Act;15
• Drugs and Psychotropic Substances Act;16
• Inmates and Detainees Reformation Act.17
20. Bills are being prepared that reflect standards enshrined in relevant treaties on preventing torture and combating enforced disappearance. A proposal has been made to unify laws governing social insurance, protection and care for persons not in work. Decrees issued by the dissolved Revolutionary Command Council are being reviewed and one has been abrogated: a decree regarding the requisition and confiscation of agricultural lands around Kirkuk in order to protect the oilfields. A proposal has been made to amend article 219 and abrogate article 220 of the Code of Civil Procedure,18 so as to allow the possibility of appealing against rulings of the Court of Cassation, and to abrogate articles 268 and 290 regarding proceedings against judges who break the law. A proposal has also been made to abrogate article 130 of the Code of Criminal Procedure19 which gave investigating judges the right to close any case secretly and without a public trial.
2. Activities of national human rights institutions and other bodies
Recommendations 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50
21. According to article 102 of the Constitution,20 the High Commission for Human Rights is an independent institution under the oversight of the Council of Representatives.
22. The Commission, which was set up in 2012,21 has legal personality and is financially and administratively independent. It is associated with the Council of Representatives and has branch offices across regions and governorates. Candidates wishing to apply to join the board of the Commission must be independent and possess expert knowledge.
23. The board of the Commission is made up of 12 full and 3 reserve members whose candidatures have been put forward by the committee of experts. The selection of candidates is validated by the members of the Council of Representatives. At its first meeting, the board holds a secret ballot to elect, from among its own members, a head and a deputy head by simple majority. The proportion of women on the board must be not less than three members while minorities must be represented by not less than one full and one reserve member. Membership lasts four years.
24. The table below gives details about allocations to the Commission in the general budget for the year 2013 and for the years 2015–2019.
Year
Total State budget
(expenses) (thousand dinar) No. of staff Operational Investment Total expenses
2013 138 424 608 000 111 20 675 000 0 20 675 000
2015 119 462 429 549 111 19 840 660 0 19 840 660
2016 105 895 722 619 111 10 898 430 0 10 898 430
2017 107 089 521 545 651 25 821 662 0 25 821 662
2018 104 158 183 734 651 25 340 779 326 511 25 667 290
2019 133 107 616 412 653 26 170 719 326 511 26 497 230
25. The Government constantly works to support the Commission. In 2016, 525 officials from the former Ministry for Human Rights were transferred to the Commission,22 as well as ministerial buildings and equipment at 2 sites in the capital and 14 others across most governorates, with the exception of Kurdistan Region.
26. The Commission discharges its responsibilities in complete independence and with the collaboration of government institutions and authorities of the judiciary.
27. A public prosecution service has been established pursuant to the Public Prosecution Act.23
28. The Commission has been awarded a B grading24 by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC).25
3. National human rights plan
Recommendations 60, 61 and 62
29. A workshop under the auspices of the UNAMI human rights office and of the Ministry of Justice brought together relevant bodies in different ministries, the High Commission for Human Rights and non-governmental organizations (NGOs) to discuss the draft of the national human rights plan 2017–2020.
30. The Council of Ministers issued a decree26 to relaunch the national human rights plan, which had previously been approved in 2011.
31. A national committee for coordination and follow-up was re-established by administrative order to follow up on the plan (see paragraph 3 of the present report) and a
standing secretariat for the committee has been created within the Ministry of Justice.
Coordination with the Government of Kurdistan Region in that regard is ongoing.
4. Public awareness of human rights
Recommendations 68, 69, 150 and 151
32. Ministries and other bodies have held staff training sessions on human rights and gender.
33. Law enforcement agencies operate according to annual plans that include training modules on the treatment of prisoners, the principles of international humanitarian law and awareness-raising about relevant women’s rights.
34. Between 2014 and 2018, the Ministry of the Interior held 855 human rights training sessions for its staff in which 25,376 persons took part. Between 2014 and 2017, the Ministry of Defence organized 19 courses attended by 674 members of staff.
Recommendations 190, 191, 192, 193, 194 and 195
35. Concepts relating to human rights have been introduced into educational programmes – in both Arabic and English – in order to disseminate a human rights culture at all levels. Such concepts play a role in building peace and social justice, protecting rights and fundamental freedoms, and rejecting violence. Parts of the Universal Declaration of Human Rights and the Iraqi Constitution have also been included, and programmes have been broadcast via the Iraqi educational satellite channel, with attention also being given to the issue of gender.
36. A human rights education plan is being implemented by Iraqi universities, which are incorporating human rights principles into their courses, training their staff and adapting their teaching environment.
37. An educational guide has been drafted on human rights and citizenship, aimed at educational establishments, school students and civil society organizations.
38. In cooperation with the United Nations Children’s Fund (UNICEF), the Ministry of Education is pursuing a national strategy for positive childrearing.
39. The Ministry of Justice is organizing training sessions on the principles and concepts underpinning human rights mechanisms. It has produced a booklet on the efforts the Government of Iraq has been making in the field of human rights since 2003.
40. The High Commission for Human Rights and the Independent Human Rights Commission for Kurdistan Region are seeking to engrain and nurture the values and culture of human rights through workshops, conferences, training programmes and the distribution of books and pamphlets.
5. Cooperation with human rights mechanisms
Recommendations 73, 74, 75, 76, 77, 78, 79, 80 and 81
41. With regard to recommendation 73, see paragraphs 3, 4, 5 and 6 of the present report.
42. Iraq continues to submit its reports periodically and to respect the deadlines.
43. A subcommittee was formed to draft the seventh periodic report of Iraq under the Convention on the Elimination of All Forms of Discrimination against Women.27 The subcommittee was chaired by the Ministry and had members taken from other competent bodies. The report was submitted in 2017.
44. In 2016, Iraq submitted its follow-up report to the Committee on the Elimination of Discrimination against Women regarding paragraphs 12 and 18 of the concluding observations on the combined fourth to sixth periodic reports of Iraq (CEDAW/C/IRQ/CO/4-6).
45. During the review of its first report in 2010, Iraq issued an open invitation to non-treaty mechanisms and, to that end, set up a special ministerial committee. In that regard:
• The Special Rapporteur on the human rights of internally displaced persons visited in 2015;
• The Special Rapporteur on minority issues visited in 2016;28
• The Special Rapporteur on extrajudicial, summary or arbitrary executions visited in 2017;29
• A date has not yet been set for the visit of the Special Rapporteur on torture.
6. Respect for international humanitarian law and human rights and ongoing reform of Iraqi armed forces and security agencies
Recommendations 99, 100, 101, 102, 103, 105 and 106
46. The Iraqi armed forces work with all national and international human rights bodies, and the army has been providing protection for displaced families, who number as follows across different governorates: Anbar 228,793, Diyala 36,495, Saladin 120,480 and Nineveh 577,785.
47. The Ministry of Defence has issued an experimental booklet entitled “Human rights in the army”, which covers human rights concepts, safeguards and protection mechanisms and explains how those rights have been enshrined in international instruments. The booklet will be tested over two years before being published in an official version.
48. Protection is being given to 15,192 families that have been displaced to the governorates of Najaf, Karbala and Al-Diwaniyah.
49. A standing committee on international humanitarian law has been formed30 under the leadership of the Secretariat of the Council of Ministers. The committee’s job is to develop plans and programmes to disseminate the principles of international humanitarian law. It also constitutes the Iraqi body envisaged under article 44 of the terms of reference (S/2018/118) of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD).
50. The popular mobilization forces (PMF)31 have become part of the Iraqi armed forces and operate under the orders of the Commander-in-Chief. They have participated very effectively in eliminating ISIL terror groups and in liberating the areas those groups had overrun.
51. A committee for the reform of the security sector has been set up with teams in different ministries, and an integrated programme was drafted in 2017 under the oversight of the National Security Advisory.
7. National reconciliation
Recommendations 70, 71, 72, 152, 153, 154, 155 and 176
52. The Implementation and Follow-up Committee for National Reconciliation in the Office of the Prime Minister and the Commission for Accountability and Justice have made comprehensive institutional efforts to close the most important State-related dossiers, particularly those involving entities of the former regime. The institutions concerned facilitated procedures for sending staff of those entities into retirement and reinstated due legal requirements for work in government institutions. During the years 2007–2016, the procedures covered former staff of the Ministry of Defence and of the repressive security agencies of the previous regime, who were paid considerable sums of money.
53. Under the Federal Budget Act 2019,32 an end-of-service indemnity is paid out to members of the former army.
54. The bases of national reconciliation in Iraq are comprehensive resolution and comprehensive security in return for comprehensive involvement. Crises between different
forces are resolved through negotiation, and conflicts are rendered peaceful by the rejection of violence as a political card in favour of political compromise.
55. In collaboration with UNAMI, the Implementation and Follow-up Committee for National Reconciliation has contacted stakeholders both inside and outside the political process in order to reach some initial understandings. In response to requests from certain opposition stakeholders, the Committee did not announce those meetings, but all contacts took place within the framework of the Constitution. The understandings that emerged from this process will constitute the basis for negotiation. On that foundation, a practical plan for a definitive reconciliation agreement between the parties was developed. The plan envisages six phases of which three have already been achieved. Currently, the plan is in its fourth phase: that of deciding the representation of the negotiating forces for the remaining phases and, in particular, the phase of direct negotiations, which involves inviting accredited representatives to the negotiating table. The negotiations will focus on two issues:
• Agreeing on the principles and foundations for conciliation;
• Agreeing on a list of stakeholders’ reciprocal obligations with a defined time frame to fulfil the demands agreed by the parties, then producing a draft final agreement on the principles, the demands, and the list of reciprocal obligations (the final settlement). An initial name has been proposed for the reconciliation agreement: the Baghdad Document.
56. A national settlement initiative has been adopted in partnership with UNAMI. This is a community/national political settlement that aims to make Iraq a place of coexistence free from violence and subjugation. Ethnic, religious and community groups within Iraqi society are all participating in the initiative, under which all national stakeholders have reciprocal obligations and safeguards.
57. A law33 has been enacted to amend Act No. 20 of 2009, concerning compensation for persons affected by military operations, military errors and terrorist activities.
58. With a view to rehabilitating victims of the former regime and victims of terrorist activities, as well as PMF martyrs, in the academic year 2017/18, 9,036 persons were accepted into the “relatives of martyrs” intake for first-year university studies and 1,251 for higher level studies. Moreover, 315 ministerial officials have been granted study leave.
59. Following the liberation of lands formerly held by the ISIL terror organization, and in order to give effect to decrees regarding the Nineveh plains issued by the Secretariat of the Council of Ministers, a council of elders for peace in the Nineveh plains was formed in May 2018, with the involvement of representatives from all the plains communities.
60. A total of 35 buildings that had been despoiled were restored to their original inhabitants from the Christian community in Baghdad.
61. A law on a national agency to safeguard peaceful coexistence is currently undergoing its first reading before the Council of Representatives.
B. Collective rights
1. Promoting human rights during crises
Recommendation 63
62. The present report covers matters related to the death penalty, the rights of women and children, the rights of ethnic and religious groups and of other communities, and the right to opinion and expression. Please see the relevant paragraphs in the report.
63. Iraq and the United Nations signed a joint declaration regarding conflict-related sexual violence, which covered six areas.34
64. In collaboration with the United Kingdom, Iraq submitted a resolution to the Security Council35 regarding the establishment of an international team to investigate
crimes committed by the ISIL terrorist organization in Iraq and to bring perpetrators to justice in accordance with Iraqi law.
Recommendations 64, 65, 66, 67, 156 and 157
65. In August 2014, the directors of the Inter-Agency Standing Committee announced that Iraq was facing a level 3 emergency due to the seriousness of the humanitarian crisis it was experiencing.
66. The Joint Coordination and Monitoring Centre36 was established and works with the Secretariat of the Council of Ministers to manage crises, coordinating between the Iraqi Government and the international community. It is also responsible for coordination between the civil and military sectors during emergencies and it protects the right of civilian inhabitants to obtain humanitarian aid. Civil society participates in some of the activities and plays a coordinating role in efforts to manage the crisis of internally displaced persons.
67. Iraq has rolled out a strategy to restore stability to liberated areas and help them recover from the crisis. This includes a joint plan with relevant ministries to regenerate basic infrastructure, in cooperation with the United Nations Development Programme.
68. A committee has been formed to verify allegations of human rights violations submitted by the international alliance. The committee is headed by a representative of the Advisory Panel and has members drawn from human rights offices in the Ministry of Justice and the Ministry of Foreign Affairs as well as from Joint Operations Command and the psychological operations cell.
69. The Supreme Judicial Council receives complaints from victims in areas that were occupied by ISIL groups, then conducts investigations and gathers evidence. In 2014, 2,334 complaints were submitted to the investigating courts; in 2015, 6,472 and, in 2016, 4,753.
70. Trials were duly conducted against the offenders. In 2014, 85 per cent of cases were resolved; in 2015, 97 per cent and, in 2016, 96 per cent.
71. A judicial investigative body has been created to look into crimes committed against the Yazidi community.
72. The Presidency of the Republic37 has set up a committee of religious, social, tribal and political personages to examine how to deal with the problems the ISIL terror organization left in its wake, while the Council of Representatives has issued a decree38 declaring the cities of Mosul and Tal Afar as disaster areas.
73. An administrative order39 regarding trespassed housing in the governorate of Nineveh has been issued to address the problem of displaced persons’ homes being occupied by other families.
74. Under the 2019 federal budget40 the Ministry of Finance is responsible for the interest on loans granted to citizens whose homes were destroyed or damaged following occupation of their areas by ISIL terrorist groups or as a result of military operations.
75. A high-level committee has been formed in Kurdistan Region to document the crimes committed against members of the Yazidi community by ISIL terrorists. The committee has made considerable progress in recording those offences before the courts, particularly those against women and girls.
76. Another committee in Kurdistan Region is gathering information about and following up on abductions by ISIL terror groups. As of 4 April 2019, 3,425 persons had been rescued: 1,170 women, 337 men, 1,002 girls and 916 boys, while a total of 2,992 persons are still being held: 1,379 women and 1,616 men.
2. Equality and non-discrimination
Recommendation 98
77. Neither the Constitution nor domestic law contain any provisions that discriminate against particular groups on grounds of sexual orientation or gender. The law protects rights
and freedoms while the courts investigate violations that any group may suffer and pursue offenders to ensure there is no impunity.
78. The Political Parties Act41 includes provisions regarding the representation of women in the founding bodies and on the general councils of political parties.
79. Elections to the Iraqi Council of Representatives were held in May 2018. A total of 6,990 candidates participated, 4,979 men and 2,011 women, with women taking 25.2 per cent of seats (see annex 3).
80. Elections were held in September 2018 to choose the 111 members of the Parliament of the Kurdistan Region. A total of 673 candidates belonging to 29 different political groups took part with 11 seats being allocated to minorities. The proportion of female candidates across the political groups in the parliamentary elections is not less than 30 per cent.
81. An administrative order42 has been issued for the formation of a committee, under the leadership of the Secretariat of the Council of Ministers and with members from other relevant bodies, which is responsible for implementing a decree of the Council of Ministers regarding the rights of the Feyli community.
82. A team is to be set up, under the leadership of the inspector general of the Ministry of Finance and with members from other relevant bodies, to draft a bill regulating the rights of the Feyli Kurds.
83. The Ministry of the Interior is seeking to restore the nationality rights and legal status of the Feyli Kurds. It is similarly engaged in removing all annotations, such as
“frozen”, “blacklisted”, “cancelled”, “abrogated” or “exiled”, from their personal records.
84. Roma people are registered when they apply to offices within the civil information system and are being provided with identity cards.
84. Roma people are registered when they apply to offices within the civil information system and are being provided with identity cards.