By Julia Rowland / GICJ
The United Nations Committee on Economic, Social and Cultural Rights (CESCR) found Iraq to have committed widespread violations and non-implementation of Covenant rights, especially regarding the country’s treatment of human rights defenders, lack of independence of the judiciary and extensive corruption. The CESCR released its Concluding Observations on Iraq’s 5th periodic report following its meetings on 19 and 20 February 2024 with the Iraqi delegation. GICJ participated in the consideration of Iraq’s report and has submitted a joint shadow report to the Committee.
The delegation purposely skirted questions, and mostly focused on describing what laws and plans were being put in place, ignoring questions on the implementation and success of these measures.
The human rights situation in Iraq is dire and deteriorating, riddled by corruption, and characterised by a total lack of will to implement human rights norms. Instead of addressing these issues in earnest, the Iraqi delegation only attempted to dodge questions and deflect accountability, exhibiting a total failure to protect human rights in the country.
Principal subjects of concern and recommendations
General concerns: allocation of resources to ensure realisation of Covenant rights
The Committee’s report depicts an appalling human right situation impacting the economic, social and cultural rights (ESCRs) of all Iraqis, in all spheres. The report paints a picture of a complete lack of commitment to international human rights norms by the State Party.
The Committee has expressed its concern about the lack of full incorporation of the Covenant rights in Iraq’s legal order and the limited instances in which the Covenant is used and applied by domestic courts. Furthermore, the State Party must raise awareness of ESCRs and of their justiciability especially among the judiciary, lawyers, law enforcement and other public officials.
As per Article 2(1) of the Covenant, the State Party must take all steps, especially economic and technical, to the maximum of its available resources, with a view to achieving the progressive realisation of the rights enshrined. The Committee expressed its concern that the State Party is not conducting cohesive economic policies and instead is dependent on the fluctuating prices of oil and gas, to the detriment of the fulfilment of ESCRs. Additionally, the austerity measures that have been implemented have had a significant adverse impact on the enjoyment of ESCRs. According to the Covenant and several General Comments (14, 15, 17 and 19), the use of retrogressive measures is absolutely prohibited and are incompatible with the core obligations of the Covenant. Therefore, States have no justification in adopting austerity measures that limit the enjoyment of Covenant rights.
The Committee also expressed deep concern about the failure of anti-poverty measures to reduce poverty. High rates of poverty and extreme poverty persist, especially among disadvantaged and marginalised populations. Iraq must intensify its efforts to combat poverty, and ensure that it utilises more resources to fight the problem. It must implement targets to reduce poverty for victims of armed conflict and terrorism, refugees and internally displaced persons (IDPs), people living in rural and urban areas, ethnic and religious minorities, women and girls. Human rights norms should be integrated in these plans.
Similarly, the Committee is concerned by the inadequate plans proposed by the State Party to provide housing, finding them to be insufficient compared to the needs of the population. Iraq must increase its resources allocated to constructing and repairing housing units. It also emphasises that the government must provide durable and adequate housing solutions for IDPs and refugees and ensure the provision of access to safe drinking water to improve living conditions. Inadequate funding has also been allocated to the reconstruction of damaged educational infrastructure following Da’esh and other hostilities, and chronic under-funding generally characterises the Iraqi education system. Teachers receive abysmal salaries and schools do not have enough funding for educational materials. The Committee also noted with alarm that millions of school-aged children have dropped out of primary education. Iraq must allocate sufficient funding for the construction of new schools, for conducting repairs, and to combat the rate of dropouts.
The report describes the widespread deterioration of basic and essential services. Every area of society is affected from accessibility of water and food, to access to healthcare. Food security is being impacted by the pressing and ongoing problem of water scarcity which has yet to be resolved. Access to primary and secondary healthcare was found by the Committee to be inadequate. There is a shortage of public health facilities, medical doctors and skilled health professions with limited medicine and medical supplies. Iraq must increase its budget to impose its public health care services in order to guarantee the enjoyment of Covenant rights.
Specific areas of concern
National human rights institution (NHRI), the rights of human rights defenders and corruption
Despite the existence of the Iraqi NHRI, the Human Rights Commissioner is inadequately funded and has lacked a board of Commissioners since the end of the term of the previous members on 2021, preventing it from fully discharging its mandate, which includes receiving and processing complaints of human rights violations. This renders the NHRI virtually useless, exemplifying the State Party’s total lack of will to implement human rights norms, as well as its purely performative approach to its Covenant obligations. The State Party does not take its obligations seriously, instead treating them as a checkmark exercise. The Committee called on Iraq to take the much-needed measure of appointing the new Commissioners of the Iraqi NHRI.
Human rights defenders, journalists, bloggers, writers and lawyers in Iraq face severe human rights violations. The Committee expressed concern about the reprisals critics of the government face, including threats, harassment, kidnapping, torture, enforced disappearances and assassinations. Violations must be promptly, effectively and impartially investigated, and perpetrators must be appropriately prosecuted with commensurate penalties for their crimes.
Widespread corruption currently hinders this from being a reality. The Committee noted with concern the very high levels of corruption in the State Party and the small proportion of cases that are investigated by the Integrity Commission, as well as widespread corruption in the judiciary. The influence of militias in the government is also a significant concern, with politicians being supported by militia forces who undertake extra-judicial arrests and contribute to a culture of fear and retribution. This can be seen also in the curtailing of the right to freedom of expression, which is increasingly threatened by the rise in cases brought against critics, and the increase in punitive sentences, extra-judicial killings and censorship.
The Iraqi judiciary is not independent from the executive and is influenced by the State Party’s government. At both the federal level and in the Kurdistan Autonomous Region, there is widespread corruption in the hiring of judges and prosecutors directly influenced by the executive. The full independence, impartiality and safety of judges and prosecutors is key to upholding fundamental human rights. Judges and prosecutors must be selected and appointed according to the Covenant and international standards that ensure their independence.
Discrimination, gender-based violence and the rights of children
The Committee has noted with concern that there is a total absence of comprehensive anti-discrimination legislation, and that Iraq Penal Code (No 11/1969) still makes provisions to lessen sentences of offences with “honourable motives” de facto allowing for harassment, violence or murder motivated by discrimination. There are also reports of widespread and normalised gender-based violence, torture, enforced disappearances and murder of women. The Committee noted the existence of articles in the Criminal Code (articles 128, 130, 131, 398 and 409) that incentivise gender-based violence and blatantly violate the State Party’s legal obligations. These must be repealed.
Furthermore, there is concern over the slow pace of legal reform regarding gender equality, and the persistence of provisions that discriminate on the basis of sex, as well as the persistent gender pay gap. Iraq must implement comprehensive anti-discrimination legislation that provides full and effective protection against discrimination in all spheres, and expedite legal reforms repealing legislation that discriminates on the basis of sex. Iraq must implement in its public education programmes, and at all levels of the executive and the judiciary, awareness raising campaigns on norms and beliefs based on the principles of human rights and equality to combat the discriminatory mentalities.
Lastly, the rights of children are being violated. The Committee noted that many children in Iraq perform hazardous work and are exposed to economic exploitation. Children are also being recruited in military operations by the Kurdistan Workers' Party (PKK) and Iraqi religious militias. Iraqi laws on child recruitment in the military do not explicitly prohibit children under 18 years of age from joining. The State Party must pass legislation explicitly establishing 18 as the minimum age. Children are also being sexually exploited, including being forced into marriage and in so-called “temporary marriages.” Iraq must take urgent measures to strengthen labour laws, to end the military recruitment of children, and to prevent all forms of exploitation of children.
Geneva International Center for Justice (GICJ) is appalled by the increase in widespread and endemic human rights violations in Iraq. The CESCR’s report depicts a dire situation in which the Iraqi government is not working towards fulfilling its obligations enshrined by the Covenant. Iraq must take steps to fulfil its human rights obligations, and put an end to corruption, impunity and the culture of fear that reigns in the country.
