The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-sixth and twenty-seventh periodic report of Iraq, with Committee Experts commending the State on its efforts to improve the national human rights institute, and asking questions on action taken against hate speech and the situation of migrant workers.
One Committee Expert congratulated the progress made by the State party in improving its national human rights institute. Would the State party allow the institute to recruit its own members directly?
Ibrahima Guisse, Committee Expert and Country Rapporteur, said the Criminal Code did not fully prohibit hate speech. What measures were in place to achieve this? Another Expert noted that in its previous concluding observations, the Committee had called for information on action taken against public figures and politicians for hate speech. Had the State party taken any action in this regard?
One Committee Expert said migrant workers, including domestic workers, were subjected to low wages and long hours, including non-payment of overtime. How were migrant workers protected from exploitation? What remedies were available to exploited migrant workers?
Khalid Salam Saeed, Minster of Justice of Iraq and head of the delegation, said the report presented progress made in the implementation of the Convention at the national level and outlined national best practices and measures reflecting the implementation of human rights standards at the legislative, executive and judicial levels.
Abdul-Karim Hashim Mostafa, Permanent Representative of Iraq to the United Nations Office at Geneva, said Iraq reaffirmed its commitments to its international obligations, including to the elimination of all forms of racial discrimination, especially since Iraq was an ethnically diverse country.
The delegation said any citizen could apply to be a member of the national human rights institute. More than 3,000 persons had applied to be members of the institute. Over the coming months, the institute's board would be formed. The institute worked effectively.
There was a bill to criminalise hate speech that was currently with the Government Cabinet, the delegation said. The bill included definitions in line with article four of the Convention. The election law also banned extremist and racist discourse in the political process. Political candidates could be disqualified for using hate speech and a number of candidates had been disqualified in the past.
Concerning migrant and domestic workers, the delegation said that around 14,500 migrant workers with labour permits were registered with the State. Domestic workers with work permits were entitled to the minimum wage and social security. Inspection teams oversaw their situation. Complaints were filed against employers who failed to pay domestic workers. The State could not monitor migrant workers who did not have work permits - such persons were illegal aliens.
In concluding remarks, Mr. Guisse said the dialogue had been constructive and the delegation's answers sincere. The Committee focused on facts, which allowed it to analyse whether progress had been made. Iraq had trod a hard path and the Committee was aware of the efforts made by the State to put the country back on course.
Michal Balcerzak, Committee Chair, in concluding remarks, expressed gratitude to the delegation for the efforts made to answer the Committee's questions and participate in the intensive dialogue.
Mr. Saeed, in concluding remarks, said Iraq looked forward to receiving the Committee's upcoming concluding observations, which it would examine carefully to develop national strategies and policies. He expressed Iraq's determination to promote and protect the human rights of all its citizens without discrimination.
The delegation of Iraq consisted of representatives of the State Council; General Secretariat of the Council of Ministers; Ministry of Labour and Social Affairs; Supreme Judicial Council; Ministry of Higher Education and Scientific Research; Ministry of Immigration and Displacement; Ministry of Education; Ministry of Justice; Ministry of Interior; Ministry of Defence; Ministry of Planning, Statistics and Geographic Systems Authority; Iraqi Cabinet; Ministry of Health; Ministry of Foreign Affairs; Kurdistan Regional Government; and the Permanent Mission of Iraq to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Iraq after the conclusion of its one hundred and thirteenth session on 23 August. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee's one hundred and thirteenth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 15 August at 3 p.m. to consider the combined twenty-fourth and twenty-fifth periodic report of Belarus (CERD/C/BLR/24-25).
Report
The Committee has before it the combined twenty-sixth and twenty-seventh periodic report of Iraq (CERD/C/IRQ/26-27).
Presentation of Report
KHALID SALAM SAEED, Minster of Justice of Iraq and head of the delegation, said the report presented progress made in the implementation of the Convention at the national level and outlined national best practices and measures reflecting the implementation of human rights standards at the legislative, executive and judicial levels. During the reporting period, Iraq had witnessed the House of Representatives elections in October 2021, in which the participation rate reached 43 per cent. In December 2023, Iraqi provincial council elections had been held, with a turnout of 41 per cent. The Government had adopted the national roadmap in October 2022, which addressed the reform of the economic, financial and service sectors; the reconstruction of liberated areas; and measures to address poverty, unemployment and corruption, create job opportunities, encourage the establishment of small and medium enterprises, provide soft loans, and reduce inequalities.
The Council of Ministers had devised the national plan for human rights (2021-2025), the goals of which were to harmonise national legislation with international conventions, develop national human rights policies, and strengthen institutional capacities. Mr. Saeed presented policies, legislation and institutions set up to support women and children in the State, including a programme for minority women who were victims of terrorism. The Government attached special importance to enhancing the quality of education, and had implemented several measures toward that aim.
The Government also attached great importance to tackling trafficking in persons. It had formed a Central Committee to Combat Human Trafficking headed by the Minister of Interior, and implemented several campaigns to hold perpetrators of this crime accountable. The Director of the Anti-Human Trafficking Department in the Ministry of Interior had been awarded by the United States Department of State for his efforts in combatting human trafficking. Iraq had ratified the Arab Protocol to Prevent and Combat Trafficking in Persons, Especially Women and Children.
Iraq had implemented legislation to establish quotas of seats in the House of Representatives; increase access to legal aid, retirement, social security and health insurance; and protect the rights of persons with disabilities.
Through the Yazidi survivors law of 2021, the Government had worked to support and compensate survivors of ISIS crimes financially and morally, secure a decent life for them, rehabilitate and care for survivors, and prepare the means to integrate them into society. Turkmen language was added as a third language in official communications in regions where the language was spoken and in all military institutions. A law had been adopted on Yazidi land claims which would rectify unfair land distribution conducted under the previous regime.
The Government had also introduced a new policy to improve conditions in prisons, which involved addressing overcrowding through the establishment of new correctional institutions in accordance with international standards, in addition to intensifying rehabilitation programmes for inmates. A draft Penal Code revision was being prepared, which would contribute to allowing many convicts to return to society.
ABDUL-KARIM HASHIM MOSTAFA, Permanent Representative of Iraq to the United Nations Office at Geneva, said Iraq reaffirmed its commitments to its international obligations, including to the elimination of all forms of racial discrimination, especially since Iraq was an ethnically diverse country. Iraq had worked to harmonise its national legislation with the Convention to promote coexistence among all components of its peoples.
DINDAR FARZANDA ZUBER, International Recommendations Coordinator, Kurdistan Regional Government, said the Kurdistan Regional Government had worked hard to create a society free from discrimination. During the period between 2019 and 2023, the Kurdistan Regional Parliament had issued 35 laws, referred seven draft laws to Parliament, and amended other laws to protect public freedoms. The Government had a five-year plan for human rights. Six reports had been prepared on the implementation of the plan. Over 400 recommendations had been implemented by the executive branch.
More than 88,000 foreign workers were registered with the Government. A committee had been formed to regulate foreigners' work and to inspect workplaces hosting foreigners.
The Government had worked to free ISIS abductees and had set up a survivors' centre. Over 5,000 people had been arrested for drug trafficking. Measures had been implemented to address overcrowding in correctional centres, and surveillance measures had been put in place to prevent torture in these centres. Five cases of torture of journalists had been reported and one had been investigated. The Government had reduced the scope of the death penalty; 470 persons had received the death penalty over the reporting period.
General directorates for Turkmen and Syriac studies had been established; 18 Turkmen language schools were opened with 2,500 students, and 24 Syriac language schools with 1,708 students; and an education body in Dohuk governorate supervised the study of Yazidi. The regional Government had issued directives that Friday sermons be free of manifestations of intolerance. In this context, 1,800 preachers were honoured and support was provided to 321 preachers who contributed to promoting the values of coexistence and rejecting hatred. The Friday sermon in one mosque was conducted in the Turkmen language in Erbil.
The number of Roma in the region was more than 30,000 people. To protect their rights, the Ministry of the Interior had granted permission to establish the Roma Cultural Centre, and provided many facilities regarding the issuance of official documents to them on an exceptional basis. In the field of education, there were 85 university graduates among the Roma.
Mr. Zuber also presented measures to promote the rights of persons with disabilities and women, and to combat human trafficking.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, said the very high-level delegation indicated the interest that Iraq had in the Convention. The dialogue would address the challenges faced by the State party. Mr. Guisse asked for disaggregated data on the ethnic makeup of Iraq, and on migrants, refugees and asylum seekers. The Federal Court had handed down a decision to remove questions on ethnic origin from the census. When would the next census take place? How did the State party assess equality and access to basic rights by ethnic minorities?
What resources had been set aside for the national human rights institute, which had received "A" status in 2021? The Committee had called for the terms of office for members of the institute to be limited and for its independent mandate to be strengthened. Had this been done? What was the process to select Commissioners and how was transparency guaranteed? Was the institute accessible in minority languages?
What measures were in place to fully implement the Convention in national law and give it precedence over national laws? Had decisions been taken by national courts that directly invoked the Convention? What measures were in place to organise training campaigns for judges, law enforcement officers and the public on the Convention?
NOUREDDIN AMIR, Committee Expert and Country Co-Rapporteur, said Iraq had experienced war, during which the Western world had been intent on destroying Iraqi civilisation. However, the Iraqi people had refused to be broken. Iraq had left behind its obscurity and peace had returned to it, as had democracy. Iraqi schools and universities worked well. Minorities lived in a modern society. Mr. Amir praised Iraq's success in rebuilding after the war.
Responses by the Delegation
The delegation said all censuses conducted after 1957 had been used for ethnic cleansing and to reinforce discrimination, aiming to make one sect more powerful than the rest. Considering this, the current Government avoided questions on religious affiliations in the census. The census would be solely used for development purposes. It would be implemented in October this year. United Nations agencies would support census activities.
Iraq was the cradle of religions and civilisations. It was a diverse, peace-loving nation. The Constitution stipulated that all Iraqis were equal, regardless of colour, religion or sex. The rights of different communities were ensured in the Constitution. A committee had been established to put an end to demographic change and to preserve Christian identities in certain areas. Measures had been implemented to provide land to Yazidi minorities. Awareness raising campaigns were being conducted to stop hate speech against different communities. There were plans to reconstruct Sinjar and provide compensation to displaced persons. There were employment programmes for displaced people, who could also access a welfare pension. A strategy to prevent hate speech had also been developed. Iraq hosted more than 317,000 refugees and asylum seekers. Their basic needs were all met by the Government.
The Constitutional Court had handed down a series of decisions reaffirming equality and non-discrimination among Iraqi citizens. The Federal Appeals Court had also issued rulings related to workplace discrimination. All forms of discrimination between workers were prohibited. The Human Rights Court investigated all forms of human rights violations. In 2023, over 17,000 complaints were received, with around 70 per cent having been resolved. There were complaints of unmarked mass graves and violence against journalists. There were around 10,500 complaints of torture, of which 9,000 had been resolved. In 2024, there were 55 cases of human trafficking, 50 of which had been resolved.
Human rights training courses had been established for public officials. They addressed torture and violence against women. The large number of decisions on cases of human rights violations testified to the State party's efforts to tackle these violations.
Iraq had carefully studied the alignment of its laws with international treaties. An anti-discrimination bill that would incorporate the Convention was currently being developed. There was also legislation that prohibited hate speech. The Political Parties Act prohibited parties from adopting policies that incited hatred. The Criminal Code reiterated the importance of respecting religious diversity. A hotline had been set up to report human rights violations. Complaints made through the hotline were referred to the Supreme Judicial Council for further action. Awareness raising campaigns were held on ethnic minorities' rights and responsibilities. Kurdish and Assyrian language television channels had been set up.
Questions by Committee Experts
IBRAHIMA GUISSE, Committee Expert and Country Rapporteur, said the census needed to take stock of ethnic groups. How would the State party ensure the visibility of ethnic minorities in statistics? How would the State allocate quotas for minorities in Parliament in this context?
NOUREDDIN AMIR, Committee Expert and Country Co-Rapporteur, asked if the Government was willing to negotiate with national minorities facing certain problems. How would the State party normalise relations between the Government and national minorities?
A Committee Expert asked if there were gender-based quotas for elected offices in Iraq. How would the State party ensure progress in women's participation in elections? Was there gender equality in the management of public affairs? The State party had received 11,000 complaints about racial discrimination. What rulings had been handed down based on these complaints, what punishments were issued, and what reparations were provided to victims?
