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Iraq - Universal Periodic Review

UPR 34, November 11, 2019
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Iraq received 421 recommendations, of which 311 were accepted (an acceptance rate of 74%). Canada’s previous recommendations to Iraq were related to public security, women’s rights, rights of the child, and freedom of religion and belief and minorities.

The human rights situation in Iraq has improved since the liberation of the territory previously controlled by Daesh, which committed genocide, war crimes, and numerous other atrocities. Renowned for its diverse population, Iraq’s constitution also guarantees freedom of assembly and association, freedom of religion and belief, and equality before the law. Iraq is a signatory to many international human rights instruments. Iraq held free and fair elections in May 2018.

Despite goodwill from the Government of Iraq, important challenges remain. While Iraq has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, numerous NGOs have reported arbitrary detention, torture and other forms of abuse against prisoners. Evidence of torture has allegedly been used in many trials, some of which have resulted in death penalty sentences.

Despite legislation safeguarding and promoting women’s rights, violence and discrimination against women is common in Iraq. The penal code allows men to discipline their wives “within certain limits”. Forced marriage of women and girls is often reported. NGOs state that because children can only receive documentation if both parents are married, many are unable to receive education, healthcare and other services.

The Government of Iraq has acknowledged in an official report that its authorities used excessive lethal force against protesters during the fall 2019 protests, resulting in at least 149 deaths. Other reports, including by the UN Assistance Mission for Iraq (UNAMI), indicate evidence that militias and the Popular Mobilization Forces were involved in the use of lethal force. The Government of Iraq has promised to investigate and prosecute the perpetrators. The federal government implemented an internet blackout in two thirds of the country during the protests. TV stations were broken into and ransacked, resulting in the intimidation of journalists and the temporary closure of some stations.

Recommendations

Thank you, Mr. President.

Canada welcomes Iraq’s efforts to advance human rights since its last review, including by continuing to reform the Iraqi Security Forces and security services and repealing the Jaafari Law on personal status issues.

Canada recommends that Iraq:

1. Adopt and fully implement legislation criminalizing all forms of domestic violence, including by protecting women reporting such cases.
2. Investigate promptly all allegations of torture and ill-treatment and strengthen legislation to ensure due process and trials that fully meet international standards.
3. Cease and thoroughly investigate the use of excessive force by security forces and any other armed actors during the recent protests, including the killing of protestors, and ensure perpetrators are accountable.
4. Ensure the rights of freedom of expression, freedom of the press, and peaceful assembly are fully respected and protected, both online and offline.

Iraq has demonstrated great leadership by being the first country in the region to adopt a National Action Plan on Women, Peace and Security. We would appreciate further details on the status of the draft for the second INAP and budget planning for its implementation.