Experts of the Committee on Economic, Social and Cultural Rights Commend Iraq for Plans to Increase the Number of Female Judges, Ask Questions on Anti-Homosexuality Legislation and Access to Clean Drinking Water
The Committee on Economic, Social and Cultural Rights today concluded its review of the fifth periodic report of Iraq, with Committee Experts commending the State for the positive plans to increase the number of female judges, while asking questions about anti-homosexuality legislation and ensuring access to clean drinking water.
A Committee Expert said it was positive that Iraq planned to increase the number of female judges in the future. Only eight per cent of the country's judges were women.
Mikel Mancisidor, Committee Expert and Country Rapporteur, said allegedly, the Iraqi Commission on Communications and Media had advised that the media should replace the term "homosexuality" with "sexual deviance"; was this true? Did this comply with the principle of non-discrimination. Earlier this year, the High Commissioner had expressed concern at legislation which would criminalise consensual sex between persons of the same sex, which could even lead to the death penalty. Could this be clarified by the Minister of Justice?
A Committee Expert said Iraq was a water scarce country. What measures were being taken by the State party to ensure access to water was not restricted? What steps had the State party taken to ensure that austerity measures did not impact upon the most marginalised communities? Another Expert asked how the State party intended to solve the severe water crisis? What were the outcomes of efforts to prevent the multiple sources of water pollution, including the long-term hazards they continued to cause?
The delegation said Iraq was a Muslim society, and the Constitution prohibited any law running counter to the Islamic Sharia. The law on homosexuality was not presented by the Government or the President of the Republic. It was presented by several deputies and this draft was being considered by the legal commission within the Iraqi Parliament. Iraq resolved to protect the principles of human rights and individual freedoms within the Constitution, as long as it was not counter to the Islamic Sharia, which was the main source of legislation. No law which was outside the Sharia could be passed. In the view of the Government, the law on homosexuality would not be passed.
The delegation said the State was suffering due to the lack of water from upstream countries neighbouring Iraq. Measures had been taken to regulate the use and exploitation of water. The country had also started new irrigation and desalination techniques. The Government was regulating water basins in Iraq for agriculture purposes. More than 700 wells had been dug to secure water quotas. A large-scale campaign had been launched to clean the inlets and outlets of the marshes.
Khalid Salam Saeed, Minister of Justice of Iraq and head of the delegation, presenting the report, said the Government of Iraq had approved the national human rights plan for 2021-2025, developed in collaboration with civil society and international organizations active in Iraq. A plan had been created to develop the railway and road system in order to allow Iraq to become a regional transport hub linking Europe and the Gulf through the "Development Road" project, which would link the large port of Faw with Turkey to reach Europe. The current Government had sought to legislate many important laws, including the retirement and social security law for workers, which was enacted to ensure the wider inclusion of workers in the private sector and to expand the base of social protection. Several laws were in the process of legislation.
In closing remarks, Mikel Mancisidor, Committee Expert and Country Rapporteur, thanked the members of the delegation for their responses which had been extremely technically competent. The State had been honest, sincere and willing in the answers.
Mr. Saeed said the delegation had showcased the situation of economic, social and cultural rights in Iraq during the dialogue. He expressed gratitude to the Committee Experts for their constructive comments and questions.
The delegation of Iraq consisted of representatives from the Ministry of Justice; the Ministry of Foreign Affairs; the Ministry of Planning; the Ministry of Higher Education and Scientific Research; the Ministry of Labour and Social Affairs; the Ministry of Defence; the Ministry of Interior; the Ministry of Health; the Prime Minister’s Advisor for Human Rights; the Kurdistan Regional Government; the Council of State; the Iraqi Cabinet; and the Permanent Mission of Iraq to the United Nations Office at Geneva.
All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 10 a.m. on Wednesday, 21 February, to conclude its consideration of the second periodic report of Indonesia (E/C.12/IDN/2).
Report
The Committee has before it the fifth periodic report of Iraq (E/C.12/IRQ/5).
Presentation of Report
ABDUL-KARIM HASHIM MOSTAFA, Permanent Representative of Iraq to the United Nations Office at Geneva, said Iraq was facing challenges due to the Daesh terrorist group, the COVID-19 pandemic and climate change. However, the State remained committed to its obligations. Mr. Hashim Mostafa then introduced the delegation of Iraq.
KHALID SALAM SAEED, Minister of Justice of Iraq and head of the delegation, said the current Government gave special importance to human rights. The Government curriculum included several axes, including social protection, combatting poverty, providing job opportunities, developing the health sector, combatting corruption, and reforming the economic and financial sectors, among others. The Government of Iraq had approved the national human rights plan for 2021-2025, developed in collaboration with civil society and international organizations active in Iraq. Iraq gave a lot of attention to the education sector. A national committee was formed to enhance enrolment rates and reduce school dropout rates, and the budget was strengthened to address the shortage of school buildings. Iraq had approved the national child protection policy and worked on legislating a bill on the protection of the child, prepared in line with the Convention on the Rights of the Child.
The Government had launched a series of development and infrastructure rehabilitation projects. A plan had been created to develop the railway and road system in order to allow Iraq to become a regional transport hub linking Europe and the Gulf through the "Development Road" project, which would link the large port of Faw with Turkey to reach Europe. Work had been carried out to strengthen measures in combatting unemployment by working to staff the public sector with young graduates and providing them with permanent contracts. Iraq had also worked on preparing strategies to improve the reality of employment, absorb unemployment, and alleviate the rate of unemployment through the preparation of a poverty alleviation strategy, and a small income-generating projects support fund programme.
Corruption was one of the key priorities for the Government, and arrest warrants had been issued against those who were accused. The national strategy to combat corruption had been launched. Iraq also attached great importance to support for internally displaced persons, including through the liberated areas reconstruction fund which was creating appropriate conditions for the return of displaced persons to their homeland, to ensure the future of ethnic and religious communities of Iraqi society.
The current Government had sought to legislate many important laws, including the retirement and social security law for workers, which was enacted to ensure the wider inclusion of workers in the private sector and to expand the base of social protection. Several laws were in the process of legislation, including the law on enforced disappearance, the law on the right to access information, the law on freedom of expression, opinion and peaceful demonstration, and the law on the protection of persons with disabilities.
At the Arab level, Iraq had completed the Arab project to assist internally displaced persons and had ratified the Arab Protocol to Prevent and Combat Trafficking in Persons, especially Women and Children, supplementing and supporting the Arab Convention against Transnational Organised Crime. The elections last December went smoothly and led to the election of local governments which would cater to the fundamental needs of all citizens.
DINDAR ZEBARI, Coordinator of International Recommendations in the Kurdistan Regional Government of Iraq, said during the past four years, the Government had incorporated the provisions of the International Covenant on Economic, Social and Cultural Rights into its domestic legislation, in around 24 laws in total. To protect religious and national components, the regulations of the rights of nationalities, religions and religious communities in the Kurdistan region of Iraq (2003) had been issued. The draft national anti-corruption strategy in the Kurdistan region from 2021-2025 had been approved.
The Government met the needs of 80 per cent of the nearly 970,000 displaced people hosted within the Kurdistan region. The anti-domestic violence law no. 8 of 2011 guaranteed women's rights. Women participated actively in decision-making and administrative positions, including the presidency of parliament, ministerial portfolios, heads of bodies, and in the judiciary. There were 72 female judges and 65 public prosecutors. One thousand five hundred female journalists and media professionals had been registered in the Kurdistan journalist syndicate. Work was underway to establish 20,000 housing units for low-income people. Forty-one archaeological projects had been launched to preserve and develop antiques; 3,200 archaeological sites were registered, and in 2023, 69 archaeological sites were restored and excavated. Plans were underway to implement other projects to restore the holy places of the Yazidis.
Questions by a Committee Expert
MIKEL MANCISIDOR, Committee Expert and Country Rapporteur, said as the Committee was reviewing Iraq at the Palais Wilson, it was important to remember the former High Commissioner of Human Rights, Sergio Vieira de Mello. He hoped the dialogue would be what he expected. Did legislation that was referred to refer to Iraqi legislation or Kurdistan legislation; could this be clarified? The Committee understood that not all rights enshrined in the Covenant were incorporated into domestic law. What happened when legislation did not include all rights recognised in the Covenant? Was the Covenant applicable directly? Were there legal cases where the Covenant had been directly invoked? Did the State plan to ratify the Optional Protocol on individual communications? What was the current situation of the High Commission of Human Rights and who were the members?
It was positive that Iraq planned to increase the number of female judges in the future. Only eight per cent of the country's judges were women. Was the plan making progress and moving forward sufficiently. The Committee welcomed that three civil society organizations had been able to participate in the preparation of the report. How were these organizations selected? Iraq was ranked 167 out of 180 on the World Press Freedom Index. Did this report truly reflect the freedom of the press in the country? What protection measures were being taken to ensure that human rights defenders could carry out their work.
There was no national plan on business and human rights; would the Government be willing to draw up a plan in this regard? What were the practical effects of measures taken to combat corruption? Were there examples of real cases of high-level members of the Government who had been prosecuted due to corruption? Allegedly, the Iraqi Commission on Communications and Media had advised that the media should replace the term "homosexuality" with "sexual deviance"; was this true? Did this comply with the principle of non-discrimination. Earlier this year, the High Commissioner had expressed concern at legislation which would criminalise consensual sex between persons of the same sex, which could even lead to the death penalty. Could this be clarified by the Minister of Justice? Were temporary special measures covered in Iraqi legislation? The Iraqi Criminal Code stipulated certain exceptions to the criminalisation of a crime committed against a woman, if they took place in the context of defending the family honour. Could this be clarified?
Responses by the Delegation
The delegation said pieces of legislation should not be contradictory to the Constitution. Priority was given to international instruments. Iraq was on the cusp of economic developments and sought to encourage investments. The State had acceded to almost all agreements regulating investments and for the protection of investors. Iraq was a plaintiff in 53 claims raised against Iraq by foreign investors. Iraq considered the accession to agreements which protected the rights of investors as one of the main safeguards of foreign investments. Last month, a law was enacted on the new form of economic legislation, which was currently been reviewed. The law on the registration of foreign companies in Iraq was being amended. Many strategic companies and projects had been launched in Iraq over the past years by foreign companies.
Under the previous regime, the number of female judges had receded. Until its end, there were only eight female judges in Iraq. Following a decree, the number of female judges had increased, and there were now 122 female judges and prosecutors in Iraq. It was expected that there would be an additional 24 female judges by 2025. The High Commission for Human Rights was independent and was closely connected with the Ministry of Justice. The Council of Commissioners which would lead the body were currently being elected.
In 2023, the Government made unprecedented successes and achievements, including the activation of the national strategy against corruption, which covered all levels of bodies, including 40 ministries and all financial departments across the government. A strategy was developed 2025–2030 which would involve the public and private sectors. One hundred and eighty-two criminal cases regarding corruption of high public officials had been brought before the courts. There were 220 travel ban orders, including nine orders against ministers. Cooperation was occurring between civil society and the private sector when it came to combatting corruption. Events had been held with the private sector, as well as a workshop with civil society organizations. A visit from Transparency International to Iraq in 2023 had led to establishing the consultative counsel for Iraq. A project to strengthen integrity had been launched with the United Nations Development Programme.
Honour crimes dated back to 1969 in the Penal Code. A new Criminal Code was being developed to update this law. Sentences no longer included corporal punishment or a death sentence. The emotional state of the person was considered in honour crimes. The Criminal Code mentioned matricide or the murder of a mother, by a child, in the case of adulterous relations. The Criminal Code in Iraq did not punish consensual sexual relations among adults.
Iraq was a Muslim society, and the Constitution prohibited any law running counter to the Islamic Sharia. The law on homosexuality was not presented by the Government or the President of the Republic. It was presented by several deputies and this draft was being considered by the legal commission within the Iraqi Parliament. Iraq resolved to protect the principles of human rights and individual freedoms within the Constitution, as long as it was not counter to the Islamic Sharia, which was the main source of legislation. No law which was outside the Sharia could be passed. In the view of the Government, the law on homosexuality would not be passed.
Iraq was proud of having a free press in the country, and granted authorisation to the media and newspapers. A law had been passed for the protection of journalists. Freedom of the press was also guaranteed by the Constitution. Recently, a journalist had hurled criticism at the Prime Minister. The Prime Minister had lodged a complaint but then withdrew it. The Government believed in freedom of the press and did not repress the rights of journalists. There were no censors or constraints imposed on freedoms.
Questions by Committee Experts
A Committee Expert asked if the state of the Iraqi economy at the current time guaranteed the necessary resources to enable Iraq to live up to its commitments under the Covenant?
Another Expert asked if Iraqi courts could directly invoke the Covenant, as an instrument which took precedence over national legislation? The Committee commended Iraq on establishing the High Commission of Human Rights which had been accredited with “A” status. Was the Commission in a position to receive complaints from citizens?
MIKEL MANCISIDOR, Committee Expert and Country Rapporteur, said the Committee was not concerned about the protection of investment, but rather the protection of human rights, as a consequence of foreign companies operating in the country. The reform of the Criminal Code could be an opportunity to eliminate references to honour crimes. The Committee would follow up on this closely. What plans were in place to prevent the country from fulfilling the Paris Principles? What plans did the Government have for the future of the country to obtain a carbon-free world?
A Committee Expert said Iraq was a water scarce country. What measures were being taken by the State party to ensure access to water was not restricted? What steps had the State party taken to ensure that austerity measures did not impact upon the most marginalised communities? Had any impact assessment been undertaken by the State party to evaluate assistance received by development partners?
Responses by the Delegation
The delegation said Iraq had a project titled “the road to development”, which aimed to economically make use of resources like gas to provide a decent life for citizens. Measures had been taken to further improve the standard of living, especially for the poorest in society. The State had received over 27,000 requests for social assistance and support. The number of beneficiaries of financial handouts reached around two million families in 2023, benefitting more than 9 million individuals. More than 90,000 families benefitted from social protection and health services. Scholarships amounting to 30,000 dinars had been provided to students. An agreement had been signed with the World Bank for 40 million dollars to improve social protection infrastructure in the country.
Despite efforts taken, Iraq could not meet all the economic needs on its own. Daesh occupied a third of the country and many people had been displaced. The country had suffered an economic embargo for more than 14 years, as well as wars which took place in the 1980s. Based on this, the country needed more international support to meet its obligations under the Covenant. The State was suffering due to the lack of water from upstream countries neighbouring Iraq. Measures had been taken to regulate the use and exploitation of water. The country had also started new irrigation and desalination techniques. The Government was also regulating water basins in Iraq for agriculture purposes. More than 700 wells had been dug to secure water quotas. A large-scale campaign had been launched to clean the inlets and outlets of the marshes. A claim had been made to a court regarding the lack of payment of salaries, and this would be investigated.
Questions by a Committee Expert
According to data, youth participation in the labour force was considerably lower than the rest of the world, at 24.06 per cent overall, with a gender gap of over 38 per cent. What steps had the State party taken to strengthen the enforcement of existing labour laws that guaranteed employment? What effective reforms, vocational training programmes, and strategies had been undertaken to increase employment opportunities, and help workers move from the informal to the formal sector? What initiatives and awareness campaigns had the State party taken to prevent bias and discrimination in the employment process?
The Iraqi labour law prohibited women from working during certain hours of the day and did not allow them to work in jobs considered dangerous or arduous. The law also required them to obtain permission from their guardian before granting them a civil status card to work. What steps had been taken to remove unfair discrimination faced by Iraqi women? Had any steps been taken to encourage youth entrepreneurship and industrial development for job creation? Had the State party considered any new legislation to guarantee justice, fair conditions of work, and improve access to public services? How did the State party guarantee that all individuals received salaries, wages and social benefits? Why had there been an increase in deaths and injuries at workplaces? What steps had been taken to monitor occupational health and safety procedures, particularly in the oil and gas, construction, and agriculture sectors?
According to reports received by the Committee, forced labour practices were widespread in Iraq. Employers in Iraq had subjected migrant workers to conditions indicative of forced labour, including confiscating passports and mobile phones. What steps had the State party taken to protect the rights of migrant workers? Was there any move to ratify the International Labour Organization Convention no. 130? What concrete steps had the State party taken to address the economic exploitation of children and to prevent the recruitment of children by armed groups? What steps had been taken to create a greater awareness among private sector employees about their rights under the retirement and social security law for private sector workers? The Committee had been informed that several companies in Iraq still refused to register their workers in the Social Security Fund. Was this correct?
Responses by the Committee
The delegation said the Iraqi economy fluctuated. The current Government had created a developed economy, offering a diverse array of jobs. There was no discrimination of women in the job market. However, the nature of certain positions called for certain physical requirements. A centre had been created to train labour inspectors, with the support of the International Labour Organization. A national policy of employment for 2024 was being drafted. The Government of Iraq had adopted a strategy 2022-2030 which dealt with several items related to the Sustainable Development Goals, including economic empowerment.
The Government worked on bolstering the economic empowerment of Iraqi women, including by compiling a database of all women working in the private sector. Capacity building was a key pillar, and had a budget which aligned with women’s needs; 347 women were awarded grants for micro and full-sized projects. Financial support had been secured thanks to a coalition of banks. Measures had been undertaken to guarantee women’s participation in economic activities. Women-led projects were in place which were provided with necessary support from the Central Bank. In some cases, downward rates were applied to the mortgages of women who launched micro-projects by commercial banks. A Government initiative had been launched to train a group of young women and give them access to the private sector. Those trained received credits to implement their projects.
The age of enrolment in the armed forces had been extended to 18. A Commission had been established by the Government to consider violations experienced by children. A report outlined the progress made by the Iraqi Government to tackle serious violations against children, as well as a plan signed by the United Nations and Iraq. The stakeholders in Iraq had taken the necessary measures to combat the illicit involvement of children in the armed forces, and therefore Iraq was no longer under review for this issue. Twenty-eight job fairs had been held in Iraqi universities, which had benefited more than 4,000 students. Summer training had been provided to more than 29,000 students. Some students were recruited in the private sector due to the efforts in universities. Training programmes had been rolled out by the Government to enable the performance of students; 45,000 students were hired, 55 per cent of whom were females.
A roadmap had been drawn up for the entire region, and a project had been implemented which enabled the payments of salaries electronically. In 2023, there were 339 cases of corruption in the region. The commission of honour crimes was not considered as an extenuating circumstance in violence committed against women. There were 75 women who were judges. Over the past three years, the pension fund had been increased from 27 billion dinars to 194 billion dianrs, and more pensioners benefitted from this fund. Two hundred and twenty-seven licenses had been granted to development projects.
Questions by Committee Experts
A Committee Expert asked for information on the status of the draft law on enforced disappearance, given that 12,000 Iraqi families had submitted reports of missing persons between 2017 and 2023? Were children who committed criminal acts as members of ISISs treated in line with international children’s rights standards, and was detention used as a last resort? Could information be provided on the remedy to remove obstacles to education; and child protection services faced by returnee children such as humanitarian assistance? What measures had the State party taken to ensure that barriers to birth registration were removed? How was the State party supporting internally displaced persons in camps, many of whom were Iraqi survivors?
The Committee was concerned about reports of children working in hazardous industries, being forced to beg, commercial sexual exploitation, and so-called “temporary marriages”. What concrete measures had the State party taken to prevent this? Had the State party’s legal system addressed this, and considered repealing the provisions of articles of the Criminal Code on violence against women, particularly honour killing? Was there any national action plan by the State party to eliminate child marriage and set the minimum age of marriage at 18 without exception? Was the State party contemplating a thorough revision of penal provisions to eliminate those that were discriminative against women and girls?
What was the status of the draft anti-domestic violence law? How was Iraq attempting to curtail the rise in real estate prices and make houses affordable in all regions? Could information be provided on the national plan to ensure the right to housing in view of individuals displaced by conflict? How was the massive gap between demand and supply of housing needs, and the high prices for houses being addressed? How did the State party intend to solve the severe water crisis? What were the outcomes of efforts to prevent the multiple sources of water pollution, including the long-term hazards it continued to cause? How was a plan on drought preparedness being ensured? What efforts had been made to reduce the rate of poverty in Iraq?
A Committee Expert asked for more details about the implementation of legislation. Could the State party share positive examples which prevented the recruitment of children by militias and armed groups? Were government servants in the public sector allowed to form trade unions?
Another Committee Expert said there was a high rate of unemployment in Iraq. The rate of unemployment in Badra was one of the highest in the country, despite it producing 70 per cent of the country’s oil. What measures had been taken to facilitate access to jobs for young people in areas, including Badra? What measures were taken to ensure equitable distribution of oil revenues? What complaints had been filed under the Labour Code, due to discrimination? What measures had been taken to address discrimination faced by ethnic and religious minorities in occupation?
Responses by the Committee
The delegation said many people had disappeared at the hands of terrorist groups. The Daesh terrorist group was responsible for heinous crimes against the Iraqi communities. The Government had taken significant efforts to address the situation, including creating a Department of Disappeared Persons that investigated cases where people were kidnapped or went missing under mysterious circumstances. A national registry had been prepared for persons who had disappeared to harmonise databases. The Government was doing its best to confirm the number of disappeared people, under current laws.
Around 900,000 families had been displaced in Iraq since 2014. Approximately 600,000 families had returned to their places of origin to date, meaning 309,000 people were now registered as migrants. There were 31,000 families across 24 camps in the Kurdistan region. The Ministry of Migration provided assistance in the form of household products to 46,000 families. The Ministry had met with families to consider their needs, and in some cases, families were provided with apartments. A unit had been created to provide socio-social support for returnees.
Training courses were provided to teach returnees manual handicrafts. Several income-generating projects were rolled out for displaced women. More businesses had been opened for Yazidi women on fashion design. Further courses on agriculture and economic development were provided. Nearly 1,470 women with disabilities benefitted from a variety of projects. More than 1,400 candidates were provided with the opportunity to have their own plots of land.
Iraq attached great importance to the protection of women against all types of violence. Some 350 women had been issued identity documents and provided with family protection. The national strategy for violence against women and girls 2018–2030 had been created. Iraq was the first country in the Middle East to create an implementation plan for Security Council resolution 13/25. Efforts had been made to raise the skills of female judges and prosecutors, including courses on violence against women and girls. Family courts had been reinstated so that there was one court within each district of Iraq to help prevent domestic violence. The Ministry of Migration had supported stipends to women and helped build the capacities of 162 women. Shelters had been opened to protect women from domestic violence, and centres had been established to provide physical and mental support to women victims of violence. The national strategy against suicide has been launched and would be rolled out next month.
The Iraqi authorities and the Ministry of Interior had put in place a code of conduct for law enforcement authorities. The first executive plan to support the political participation of women had been rolled out, which was the first of its kind in the Arab world; 750 female candidates were trained and received protection during their campaigns, and 76 women won seats in the 2021 elections. More than 700 Iraqi women now held military ranks. A national team for peacebuilding was formed, with 75 women.
A ministerial committee was formed to address trafficking in persons, and a national strategy to combat this scourge was developed for 2023–2026. An article in the Penal Code imposed penalties on those who enticed children into beggary. If sexual abuse took place against the child, the police family departments would take the necessary measures to send the victim to the hospital to receive medication. The hospital was obligated to send a medical report and the judge would impose the necessary judicial measures against perpetrators.
The Government had built houses away from congested areas. New cities were introduced as a first stage, with 10 to be announced soon. The first new city would be created to be accessible to low-income families. It was being connected with the other cities by building roads.
Questions by Committee Experts
A Committee Expert asked how the State party intended to determine the poverty status of all potentially eligible households? Could information be provided on the acute shortage of doctors and nurses and imported drugs? How did the State party plan to address the distribution of inadequate health facilities? What would be done to address the barriers which prevented rural women and girls from accessing health services? How did the State party intend to strengthen data gathering on sexual violence against men and boys, as part of a broader effort to monitor and report on conflict-related sexual violence? Did the State party hold perpetrators to account for crimes of sexual violence? Did the State party intend to strengthen mental health and psycho-social services? What measures had been taken to ensure legal and safe access to abortion?
One Committee Expert said women and girls needed to show that they were married to receive appropriate medical support for pregnancy. What was begin done to review legislation that allowed marital status to determine access to healthcare and social benefits? Information had been received that unregistered marriages were officiated by religious leaders, and viewed as valid. What measures was the State adopting to ensure that religious marriages were effectively recognised in the civil area, to allow women to have access to all social security benefits?
Responses by the Delegation
The delegation said medical centres had been built in remote areas. A hospital had been built with 400 beds with modern medical equipment and units for dialysis. Those with cancer, those undergoing dialysis, those with mental and physical disabilities, and other groups were not required to pay social security fees. The Ministry of Health had opened up medical centres in all camps for displaced persons and provided medication and medical equipment. Around 1,200 mental health units had been established across Iraq. Psychological services were included among those provided to mothers and children. Over 2,300 campaigns were launched on school harassment and drug use. New units had been created to service patients.
The retirement contribution had been amended and increased by 100 per cent. The number of workers benefitting from social security was 300,000. Retirees with a low income were provided with extra funds from the State to enable them to cover expenses; 900,000 people benefited from social services in 2023. The total number of beneficiaries was now more than 2 million families. The body for persons with disabilities had taken a raft of measures under law 38 and 332,000 persons with disabilities had benefitted from services.
In the public sector, employees could join their own trade unions. In 2023, the Ministry of Planning indicated that Badra ranked fourth when it came to unemployment. Significant allocations had been made from the budget to combat this. Plans had been made with Iran and Kuwait for a port project, which would employ lots of people from the area. The budget of Badra amounted to 950 million USD for 2023.
Questions by a Committee Expert
A Committee Expert asked what the three main issues of concern were when it came to education for Iraq? Several reports indicated that a consistent number of Iraqi children were out of school. How was the State party approaching this issue? What was being done to improve access to education for these children? Were there plans to increase the allocation of the budget? Several reports estimated that there was a need to build 8,000 new schools, and to rehabilitate existing ones. What was the delegation’s opinion on this? How was the quality of education being addressed? Enrolment and completion rates were consistently lower among girls. How was this being tackled?
During the last two decades, Iraq’s cultural heritage had been impacted by the armed conflict. An extensive number of nationally important items had been stolen. What measures were in place in the State party to promote and raise awareness of the cultural diversity of the Iraqi society? What measures were in place to expand access to the internet in the rural areas?
Responses by the Delegation
The delegation said the State had taken many measures to provide support within education. The Government shouldered its responsibility provide health care and services for Yazidi female survivors. Medical examinations were provided for students joining primary and preschool education, with a focus on the areas which had been affected by the acts of ISIS. A national policy for health and safety had been put in place. One new public university had been introduced, bringing the total in the country to 36. Education in Iraq was mandatory and provided free of charge at primary and tertiary levels. Efforts were underway to introduce new schools and universities within budget allocations.
When it came to educational staffing, the Government was attaching high importance to this issue. The aim was to bring university curricula in line with the needs of the labour market. Drop out ratios stood at 3 per cent from 2022 to 2023. The Higher Education Ministry had engaged in the national strategy to combat hate speech. The law on education in Kurdistan aimed to improve the institutional capabilities of the region. From 2018 to 2020, 261 education projects were undertaken to improve the situation of student dropouts. A back to learning project was launched which had led to the return of 20,000 students to education. From 2019 to 2023, the Kurdistan region built 80 schools and renovated over 1,000 schools. Those who wished to establish private schools were exempt from taxes for the first five years. Services were provided free of charge or at a minimal cost for those with disabilities. It was expected that Government expenditure on education would increase until 2031. The education budget stood at 3.8 per cent of the gross domestic product and was expected to increase to 6 per cent.
National measures had been taken to ensure that higher level education outcomes were comparable with global standards. Several universities had received global accreditation. Fifty-one hospitals were being built in Iraq. Medical schools were being created in provinces which needed the most doctors. A school scholarship had been created for the poorest in communities to help combat school dropouts, for primary school, secondary school, and universities.
Special centres were available to combat drug use. People could receive medical services on drug use in 11 different governorates. A new rehabilitation centre had been opened a few days ago. A national strategy to combat drug use had been created. The State was addressing the deep-rooted causes, including tackling homelessness and providing jobs to the youth. A significant amount of the budget had been marked to control the porous borders where drugs seeped in. An agreement had been concluded with Egypt, Syria, Lebanon and Jordan a few weeks ago to identify the sources of trafficking. The agreement had already had a positive effect on combatting drug trafficking.
Questions by Committee Experts
MIKEL MANCISIDOR, Committee Expert and Country Rapporteur, asked about the death of a well-known blogger in Iraq; what was the State party’s understanding of this? What could be said about the safety of activists in general?
Another Expert said there were many modern new laws, however, implementing them was an issue. The Committee hoped the recently passed laws would be enforced thoroughly. Iraq had a rich cultural heritage and it was the right time to contribute to a reformulation of human rights internationally.
A Committee Expert asked if Iraq was a party to the convention on the protection of cultural assets in armed conflict? Had the necessary measures been taken to include the Rome statute in the domestic legal order?
Another Expert asked what obstacles the State faced in allocating more resources to education?
A Committee Expert asked if there was a shortage of qualified teachers? How would this be addressed?
Responses by the Delegation
The delegation said the enrolment for females in university education and basic education exceeded that of men. The percentage of females in higher education was 41 per cent. Key priorities included increasing education capacity to enrol more students and rehabilitate the current schools. A book on human rights was mandatory reading for all students. Human rights were a main subject being taught within secondary education. Financial spending was a major challenge of education, as was the improvement of human resources. Iraq had recently rolled out a project to improve educational methodologies in cooperation with the United Nations Development Programme.
Each province chose its teachers and educators. It was incorrect and inaccurate to say that there was any sectarianism in the employment of teachers. Iraq had acceded to the convention on the protection of cultural heritage in cases of armed conflict. The Iraqi Constitution regarded Islamic Sharia as a point of reference. No law which contradicted Islamic Sharia could be enacted. The Constitution had reconciled human rights with the principles of Sharia. In some exceptions, marriage could be concluded at the age of 15, which had to be signed off by a judge and committee. Punishments were in place for any case of forced marriage. The law considered that any out of court marriage could be grounds for separation.
Iraq had acceded to the convention on the diverse cultural forms of expression in 2005, which strengthened the diversity of cultural expressions. The Ministry of Culture endorsed the most advanced techniques to restore archaeological sites. Cooperation was undertaken with the United Nations Educational, Scientific and Cultural Organization. A team was investigating the case of the blogger; it had nothing to do with freedom of expression or opinion. No further details could be provided at this time. Those recruited into the armed forces needed to be 18 years or older. More than 20,000 persons had stood trial for joining ISIS. In 2017, the number of suicide cases stood at 110.
Concluding Remarks
MIKEL MANCISIDOR, Committee Expert and Country Rapporteur, thanked the members of the delegation for their responses which had been extremely technically competent. The State had been honest, sincere and willing in the answers.
KHALID SALAM SAEED, Minister of Justice of Iraq and head of the delegation, said the delegation had showcased the situation of economic, social and cultural rights in Iraq during the dialogue. Iraq had ratified the Covenant in 1971, believing in the importance of the rights contained therein. The dialogue addressed important aspects on how to best implement the provisions of the Covenant. Mr. Saeed expressed gratitude to the Committee Experts for their constructive comments and questions.
ABDUL-KARIM HASHIM MOSTAFA, Permanent Representative of Iraq to the United Nations Office at Geneva, reiterated Iraq’s commitment to honour its international obligations. It was hoped that the Committee would be mindful of the challenges Iraq faced, which had a negative impact on human rights.
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CESCR.24.005E
Produced by the United Nations Information Service in Geneva for use of the information media; not an official record.