Oral statements delivered during the 22^nd Session of the UN Human Rights Council on the Human Rights situation in Iraq

(25 February-22 March 2013)

GICJ co-sponsored oral statements delivered during the 22^nd Session of the United Nations Human Rights Council, held in Geneva from 25 February to 22 March 2013.

Oral statement delivered under agenda Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary General.

Ms Giorgina Piperone, intern at Geneva International Centre for Justice, delivered an oral statement under Human Rights Council Agenda Item 2, during the General Discussion on the Thematic Reports of the Secretary-General, Mr Ban Ki-moon, and the High Commissioner for Human Rights, Ms Navanethem Pillay, held on 4 March 2013, in which she underlined the continuing violation of all basic human rights in Iraq.

Full text of the statement:

Considering that Iraq has been struggling with the impact of war and occupation since the US-led invasion in 2003, we hoped that the High Commissioner would have further focused on the Human Rights violations in Iraq. The ten years of occupation has caused immense destruction in Iraq, the US occupation has led to the collapse of public services, violations of human rights and destroyed heritage. Coalition of Military Operations including massive attacks on cities like Fallujah and the counter-insurgent policy led to a substantially increased mortality and massive displacement.  These attacks have led to high mortality rate, displacement of people, unemployment, a weakened education system and poverty. Although it is in the mandate of the UN, it must be noted that as of yet, official bodies have failed to investigate grave human rights violations following the invasion of 2003. The NGOs signatories to this statement request the High Commissioner to focus on the situation in Iraq in her coming reports.

We have a duty to put an end to all remaining aspects of the occupation in Iraq, we have a duty to protect internally and externally displaced persons, we have a duty to restore the health status in Iraq and to restore human rights in Iraq.

We have a duty to locate the one million people who have been declared missing, we must provide the people of Iraq with compensation to rebuild their infrastructures, schools, institutions and private property, as any country associated with war and occupation is eligible for. We must protect Iraqi professionals, teacher and jurists.

Oral statement delivered under agenda Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Ms Daniela Dönges, intern at Geneva International Centre for Justice, delivered an oral statement under Human Rights Council Agenda item 3, during the Interactive Dialogue with the Special Rapporteur on torture, Mr. Juan Mendez, held on 5 March 2013, in which she underlined the deterioration of the situation of human rights in Iraq following the US-led invasion of 2003 and the necessity for the special Rapporteur on torture to visit the country and report on the situation.

Full text of the statement:

Mr Special Rapporteur, in your recent report you noted an outstanding invitation to visit Iraq and we would like to underline the urgency of this visit. Since the US invasion 2003 the human rights situation of Iraq has deteriorated, particularly concerning the situation of detainees.

The prison conditions in Iraq are one of the worst in the world. Denial of health care and overcrowding contribute to an environment where drug and physical abuse as well as infectious diseases are widespread among the prisoners. The Iraqi penal system is also one of the most arbitrary. Detainees are held in prison for years without even knowing the charges held against them and with no access to family members and lawyers. Death sentences based one forced confessions are common practise and torture of persons in detention is widespread, particularly during interrogation. Common techniques include beating and death-threat, handcuffing to or suspension from cell bars; electric shocks; cigarette burns; denial of food, water or sleep; plastic bags placed over the head; threats against family members. Proofs exist that detainees were removed from cells prior to audits undertaken by the United Nations Assistance Mission for Iraq UNAMI in order to hide the evidences.

Mr Special Rapporteur, in your report you underline under item 24 that the prohibition of torture must be enforced in all types of institutions, however the situation in Iraq is more complex. Iraqi institutions have been established under the control of the US-forces and are therefore the result of foreign intervention. UNAMI reports prove, that detentions, torture and extra-judicial executions go back to methods used by the US-led Multi-National Forces’, who established the Special Police Commandos and reorganised the Ministry of Interior. The intertwining relations between local and foreign institutions make an international independent investigation unavoidable if the problem of torture in Iraq shall be resolved.

Mr Special Rapporteur, country visits are an integral part of your mandate. We call you to urge the Iraq authorities to make every effort to schedule this visit promptly and focus on the violations of human rights and torture in Iraq in your future reports. We also call on the United Nations to investigate the human rights violations since 2003 through an UN Special Rapporteur for the human rights situation in Iraq.

Oral statement delivered under agenda Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Ms Daniela Dönges, intern at Geneva International Centre for Justice, delivered an oral statement under Human Rights Council Agenda item 3, during the Interactive Dialogue with the Special Rapporteur on the sale of children, child prostitution and child pornography, Ms. Najat Maalla M’jid, and the Special Representative of the Secretary-General on violence against children, Ms. Marta Santos Pais, held on 7 March 2013, on the sale of children and child prostitution in Iraq.

Full text of the statement:

Madam Special Representative, under item 10 you underline that the protection of children from violence is a fundamental human right. This especially concerns the children of Iraq, where due to war and occupation around 3.5 million children are living in poverty, 500.000 orphans live in the streets and school dropout rates have dramatically increased, which makes children extremely vulnerable to violence. Around 11 percent of Iraqi children under 14 have to work in order to support their families and many of these children have fallen into the hands of traffickers and drug dealers. UNICEF reports prove the dramatical increase of drug abuse, which was practically non-existent prior to the US invasion.

Madam Special Representative, Madam Special Rapporteur both reports rightly show that the rights to be free from violence and sexual exploitation are indivisibly interlinked and that a strong national normative framework is vital to respond to violence and protect children. Over the past ten years tens of thousands of girls in Iraq have been trafficked and statistics show that 65 % among prostituted females are minor girls, a problem which did not exist prior to 2003. Still until today there is no prosecution of criminals engaged in human trafficking and negligible support for the victims. The current situation in Iraq is the result of foreign intervention and the international community must assume its responsibility.

Madam Special Rapporteur, in your report you have mentioned a number of country visits, as well as outstanding requests to other countries. The situation in Iraq has been deteriorating for more than ten years now and will further deteriorate if the international Community does not react. We therefore call on you to urgently request a visit to Iraq.

Madam Special Representative, your report underlines that harmful practices compromise the development and education of children, have serious and long-lasting consequences. This has proven to be bitter reality in Iraq. We therefore urge you to take the situation of Iraq into account in your future reports. We also call on the United Nations to investigate the human rights violations since 2003 through an UN Special Rapporteur for the human rights situation in Iraq.

Oral statement delivered under agenda Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Ms Giorgina Piperone, intern at Geneva International Centre for Justice, delivered an oral statement under Human Rights Council Agenda Item 3, during the General Debate on the Promotion and Protection of All Human Rights, including the Right to Development, held on 11 March 2013, in which she drew particular attention to the deteriorating education system and to the plight of Iraqi women.

Full text of the statement:

We would like to draw the attention of the Human Rights Council to our grave and growing concern regarding the economic, political and social human rights violation in Iraq.

In particular we alert you to the deteriorating education system, the mistreatment of women, and the poor standards of health in Iraq since the 2003 US-led invasion. UNESCO reported that Iraq once had one of the leading education systems in the world. Since 2003 the education system is such that 5 million Iraqis are illiterate and 50% of students have dropped out of school. Most of Iraq's schools have been bombed, looted, burnt or been used as military bases by both the US and Iraqi armies.   

Education is the answer to end the cycle of poverty and to give the next generation the best possible chance of recovering from this war.

Mr President, having just celebrated the international day for women, we urge the council to remember the plight of Iraqi women. As many female professionals have stopped working fearing reprisals, the International Red Cross estimates that over 3.5 million Iraqi women are living below the poverty line. These women, many of whom are now widows, are struggling to support their families. UNAMI reports that women in detention are being sexually abused in front of male prisoners. Pregnant women in detention have been malnourished and given poor ante and post natal care.

Mr President, since the US occupation there have been adverse health trends in both the people and the health system of Iraq. As 7 million people are now living in poverty, a significant number of Iraqis do not have access to medical care, clean water and food.

Contamination from Depleted Uranium and other military related pollution is strongly suspected of causing a sharp rise in congenital birth defects, miscarriages and cancer cases.

Finally we ask the Human Rights Council to respond to the cries of Iraqi people. We urge the council to appoint a Special Rapporteur on the Human Rights situation in Iraq. We also ask that all Special Rapporteurs focus on Iraq in their coming reports.

Oral statement delivered under agenda Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Ms Gala Maric delivered an oral statement under Human Rights Council Agenda Item 3, during the General Debate on the Promotion and Protection of All Human Rights, including the Right to Development, held on 11 March 2013.

Full text of the statement:

We draw attention to the serious harm to human rights caused by the scourge of war, the threat of war, and unlawful sanctions.

These acts of violence have killed more than 3 million people in Afghanistan, Iraq and Libya alone.

This year we commemorate the 10th anniversary of the unlawful aggression against the people of Iraq, with a series of side events on the 14 and 15 of March.

To date the Council has failed to address such unlawful violence allowing impunity of some of the most serious human rights violators.

Oral statement delivered under agenda Item 4: Human Rights situations that require the Council's attention.

Mr Sabah Al-Mukhtar, Vice-President of Geneva International Centre for Justice, delivered an oral statement under Human Rights Council Agenda Item 4, during the General Debate on Human Rights Situations that Require the Council’s Attention, held on 12 March 2013.

Full text of the statement:

The invasion of Iraq, labelled as “liberation” ten years ago, is a crime against peace according to the Nuremberg Charter. As a result, all of the Human Rights of all Iraqis are still being violated all of the time.

The invasion and subsequent counter-insurgency policy, led to hundreds of thousands of killed, and millions displaced. The Constitution imposed by the occupier, renders any political process meaningless.

Notwithstanding the objectives of Security Council Resolution 1859, the Human Rights Council never condemned the illegal invasion and occupation of the state of Iraq.

OHCHR is still reluctant to appoint a Special Rapporteur despite UN reports of continuing abuses.

The four month old uprising of the Iraqis to rid themselves of the regime left by the coalition of the willing is in danger of being crushed. Hence, let no one say “we did not know”.

On the tenth anniversary of the invasion, a series of side events are being held at the Palais des Nations on the 14th and 15th of March, to mark 2013 as the year for accountability and justice for Iraq.

This calls for the ending of the occupation legacies; EU countries which has a Partnership agreement and is doing business with Iraq must apply real pressures on the Iraqi government to stamp out human rights abuses, discrimination and corruption; urgent appointment of a Special Rapporteur for Iraq by OHCHR and that impunity should come to an end; immediate moratorium on executions in Iraq, and finally, Mr President, payment of reparations to Iraq for the unlawful acts by the USA, Britain and other states.

Oral statement delivered under agenda Item 4: Human Rights situations that require the Council's attention.

Ms Yanet Bahena, collaborator at GICJ, delivered an oral statement under Human Rights Council Agenda Item 4, during the General Debate on Human Rights Situations that Require the Council’s Attention, held on 12 March 2013.

Full text of the statement:

Ten years ago, in February and March 2003, the world witnessed the greatest popular manifestations ever for peace and against aggressive war. More than 30 million people took to the streets in public manifestations and leaders of public opinion spoke out against the threat of a US attack against Iraq. Yet the illegal war, opposed by the greatest number of UN Member States, was launched against Iraq by the US-UK led coalition.

As recognized from the outset of the United Nations, the initiation of a war of aggression is not only an international crime; it is the supreme international crime. Such a war entails legal consequences for the aggressors and provides rights for the victims. All countries that participated must be held accountable.

The consequences of the war and the occupation of Iraq have been catastrophic and have resulted in the death of hundreds of thousands Iraqis. The U.S. pursued a policy of division creating a fractious society, which disrupted public services.

Human rights have been systematically violated, the heritage of thousands of years destroyed, and an ancient culture thrown into chaos. Coalition military operations, including massive attacks on cities like Fallujah, together with a counter-insurgency policy, led to substantially increased mortality and massive displacements. Families have been destroyed, displaced and forced into refugee status. Iraq’s education system has been severely damaged. Unemployment rates are high, and Human Rights violations are endemic with a culture of impunity.

Today we ask for accountability and justice for the people of Iraq. The UN must not turn a blind eye to a grave Human Rights situation resulting from aggressive war and continued effects of occupation. We strongly believe that the time has come for the Human Rights Council to reinstate the position as Special Rapporteur on Human Rights in Iraq.

It is in this quest for accountability and justice for Iraq that a coalition of NGOs is holding a series of side events taking place the 14th and 15th of March, here at the Palais des Nations.

Oral statement delivered under agenda Item 4: Human Rights situations that require the Council's attention.

Ms Kazuko Ito delivered an oral statement under Human Rights Council Agenda Item 4, during the General Debate on Human Rights Situations that Require the Council’s Attention, held on 12 March 2013.

Full text of the statement:

This year marks the tenth anniversary of the Iraq war. Grave human rights violations against international law have been reported during and after the Iraq war. However, most of the alleged human rights violations have not been properly investigated in domestic and international reports, nor brought to justice.

Victims are still suffering without any reparation.

For instance the US attacks on Fallujah in 2004 were reported to have included direct attack against civilians which caused significant deaths. It has been reported that white-phosphorous weapons and Depleted Uranium were used in civilian areas, without any preventive measure.

Human Rights Now is particularly concerned about the ongoing health risk of Iraq children caused by toxic wastes from the armed conflict. The data of Fallujah general hospital shows that around 15% of babies in Fallujah have congenital birth defects.

This year, Human Rights Now conducted investigation in Fallujah and documented serious birth defects. Without sufficient disclosure of information, related to toxic weapons used during the conflict, the cause of the problem have not yet been identified.

Mr President, we urge the US and UK governments to investigate all grave human rights violations during the war and the occupation of Iraq.

We also call the United Nations to conduct independent investigation on all grave human rights violations since the war to ensure justice, accountability and reparation for all victims. In order to prevent further victimization of children in Iraq, we request the relevant UN Special Rapporteur to adequately investigate the situation of the right to health and life of children, in particular epidemics of congenital birth defects in Iraq.

Oral statement delivered under agenda Item 4: Human Rights situations that require the Council's attention.

Ms Gala Maric delivered an oral statement under Human Rights Council Agenda Item 4, during the General Debate on Human Rights Situations that Require the Council’s Attention, held on 12 March 2013.

Full text of the statement:

We are concerned about the continued impunity of some of the most serious human rights violators and regret that both the High Commissioner Office and the Council have failed to take adequate action to redress the killing of as many as three million people by the illegal use of force against the people of Afghanistan and Iraq.

As this august Council convenes for its 22nd regular session, Iraqi - and many others - are commemorating the 10th anniversary of the illegal slaughter of 1.5 million Iraqis, a figure confirmed by a household survey published in the Lancet. Yet, this Council has done nothing to end the impunity of the purveyors of this violence.