IRAQ: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Iraq - 7th Session - 2010
16th February, 9am to 12pm

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National Report

Compilation of UN information
Summary of Stakeholder compilation
Final Report
Accepted and rejected recommendations

National Report

18. The Republic of Iraq has acceded to the five main human rights treaties, as well as the two optional protocols to the Convention on the Rights of the Child.

40. Civil society institutions provide an important national mechanism for protecting, promoting and defending human rights, particularly human rights advocacy and education. These institutions operate in a wide range of areas and include organizations which focus on specific issues such as women, children’s rights, the rights of persons with disabilities and prisoners’ rights. There are thought to be more than 6,000 such institutions.

45. Constitutional human rights guarantees and Iraq’s commitments under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women provide the basic normative framework for protecting and promoting the human rights of children and women, who account for the largest proportion of the population (over 50 per cent). These are the two groups most affected by changes in the human rights situation, including acts of violence and terrorism, as well as by shortcomings in welfare services and structures and elements of the prevailing culture which adversely affect their ability to exercise their rights in general.

47. Nevertheless, a number of positive achievements have been scored with regard to the enjoyment of women’s rights. In particular:

(a) An institutional structure has been established to deal with women’s and family issues. This structure includes the Ministry of State for Women’s Affairs, the Parliamentary Committee for Women and Children and the Department for the Welfare of Widows and Divorcees, which is part of the Ministry of Labour and Social Affairs. In addition, the Higher Commission for the Advancement of Women has undertaken to formulate a strategy on the advancement of women, while dozens of non-governmental organizations are dedicated to women and children.

51. The institutional structure for the advancement of children’s rights includes the Child Welfare Authority (a multisectoral authority representing various ministries with a stake in the situation of children), which formulates policies aimed at improving the situation of children and resolving their problems. The Authority has taken initiatives such as creating schools for gifted children, and the Children’s Culture Home, which is linked to the Ministry of Culture and produces periodicals, booklets and courses for children. The Children’s Parliament was established, on the initiative of civil society organizations, in the governorate of Maysan, while a Youth Parliament was established at the behest and with the support of the Ministry of Sports and Youth.

66. In 2008, the under-5 mortality rate was 34 per 1,000 live births, while the infant mortality rate was 29 per 1,000 live births. This is an encouraging sign as far as the attainment of the Millennium Development Goals is concerned. On the other hand, the challenges which the Iraqi health system has faced since 2003 must not be forgotten, particularly in the light of the acts of violence and terrorism which have affected lives and health, increasing the health needs of the population, reducing health resources and access to health services and placing a wide cross-section of the population in general, and women and children and health care workers in particular, at risk. In this connection, it is worth noting that the Ministry of Health recently adopted a strategy focusing more on prevention than treatment. The Ministry has taken care to provide children in particular with essential vaccinations and has run numerous immunization campaigns. The Ministry also liaises constantly with school administrations on school health matters in order to prevent the spread of diseases among schoolchildren.

67. The education system in Iraq was described as one of the best systems in the region before 1980, based on a series of indicators. However, with the descent into war, the Government paid less attention to the sector and the budgets for developing the education system were reduced, putting considerable strain on educational institutions.

68. Considering the situation with which Iraq has had to contend both in the past and in recent times, the achievements that have been scored in education, in terms both of school enrolment and the number of children who continue their studies, do credit to Iraqi society, which insists on the importance of education as a gateway to the future, even if the challenges remain.

Achievements and best practices:

-The establishment of the Ministry of State for Women’s Affairs, the Higher Authority for the Advancement of Women, the Parliamentary Committee for Women and Children, the Department for the Welfare of Widows and Divorcees at the Ministry of Labour and Social Affairs, the Community Police Department on Violence against Women

-The establishment of a child welfare authority, schools for gifted students and the Children’s Culture Home; the consolidation of democratization processes and human rights values through the creation of the Children’s Parliament and the Youth Parliament; and efforts to establish “Friends of Human Rights” groups in schools through free and direct elections

-Accession to the two optional protocols to the Convention on the Rights of the Child

UN Compilation

2. In 2000, the Committee on the Elimination of Discrimination Against Women (CEDAW) recommended that the Government modify or withdraw its reservations to the convention.14 In 1998, the Committee on the Rights of the Child (CRC) encouraged Iraq to consider the possibility of reviewing the reservation to article 14, paragraph 1, of the Convention with a view to its withdrawal.15

8. In 2009, the ILO Committee of Experts requested the Government to provide information on the programmes of action to eliminate the worst forms of child labour.26 In 1998, CRC recommended that systematic training on child rights and on international human rights and humanitarian law be organized for professional groups working with and for children.27

13. In 1998, CRC was concerned about the availability of facilities and services for persons with disabilities.42

15. UNICEF noted that over the last five years, tens of thousands Iraqis have been killed and millions continue to suffer from the consequences of violence and insecurity.47 UNAMI reported that the second half of 2008 was marked by the continuation of suicide attacks, including by female suicide bombers.48 UNICEF noted that around 1.6 million people have their lives affected by more than 50 million cluster bomblets and 20 million land mines, which had killed or maimed around 8,000 people, including 2,000 children.49

20. The Special Representative of the Secretary-General for Children and Armed Conflict, who undertook a mission to Iraq from 13 to 25 April 2008,70 referred to particular concerns about non-State armed groups allegedly using children to support operations including acting as suicide bombers.71 UNAMI recommended giving consideration to the creation of a high-level committee to establish appropriate child protection policies and of a monitoring and reporting mechanism to gather concrete data on grave human rights violations affecting children.72 The Special Representative recommended criminalizing the recruitment and/or use of children, especially children used in suicide attacks, as an immediate measure; and invigorating investigations and prosecutions of the crime of recruitment and use of children as a matter of priority.73

21. The Special Rapporteur on the sale of children, child prostitution and child pornography indicated that gender discrimination laws further exacerbated and entrenched the persistence of violence against women. She stressed that most victims of domestic violence had no access to medical treatment and that such violence had led to the increase in suicides, self-immolations and killings.74 In 2000, CEDAW urged the Government to encourage and support the establishment of facilities for women victims of domestic violence. 75

22. In 2008, UNAMI mentioned that children and young adults were exposed to grave violations, including death and injury from sectarian violence and military operations.76 It reported that concerns continue about child victims of domestic violence 77 and that children are becoming victims of sexual violence, forced marriages and honour crimes.78 It recommended amending the criminal legislation permitting the application of mitigating circumstances to “honour crimes”.79 In 1998, CRC was concerned that corporal punishment is not expressly prohibited in domestic legislation.80 In 2005, five special procedures mandate holders noted that women and girls had been subjected to sexual threats, humiliating treatment, were held for long periods in solitary confinement and sexually abused by members of forces of a foreign Government operating in Iraq. 81

23. In 2006, UNAMI received information of children trafficked outside Iraq to work as sex slaves, labourers, or unlawfully adopted by families abroad.82 In 2008, it expressed concerns about the reports of human trafficking and complaints of abuse of migrant workers in Iraq.83

24. In 2009, the ILO Committee of Experts requested the Government to indicate measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.84 In 1998, CRC encouraged Iraq to increase preventive measures and its efforts to ensure the rehabilitation and reintegration of children living and/or working on the streets.85

28. UNAMI stressed that the Iraqi juvenile justice system continues to be characterized by the lack of community-based actions to prevent juvenile crime99and that key actors lack knowledge of modern juvenile justice procedures.100 The Special Representative of the Secretary-General on children and armed conflict recommended that detention of children should be considered as a last resort.101

44. UNICEF noted that children have been unable to attend school due to insecurity-related school closures/disruptions, displacement, overcrowded classrooms, poverty, poor school infrastructure and negative attitudes towards girl education. Teaching methodologies and school management are outmoded and outdated, exacerbated by the exodus of many professional teaching staff during the height of the conflict.147 UNICEF indicated that dropout rates are increasing and that vast regional disparities exist.148 It added that the teaching force requires substantial upgrading of skills.149 In 2000, CEDAW called on the Government to strengthen efforts to eradicate illiteracy. 150

61. The four pillars of the United Nations programme in Iraq are delivery of essential services; governance; economic reform; and protection of the vulnerable.192 UNICEF submitted information on its programmes supporting the rebuilding of the protective environment for Iraq’s most vulnerable children and women.193

Stakeholder Compilation

5. JS6 considered that Art. 39 of the constitution open the way to a complete inequality between the Iraqi citizens as it calls for marriage, divorce, alimony, inheritance and other personal status issues to be adjudicated by religious courts.13 JS11 recommended amending article 46 of Iraqi constitution which allows the government to restrict rights and freedoms.14 Iraqi Child Rights Network (ICRN) indicated that the constitution lacks a separate section defining children and minors in reference to the law15 and that the government of Iraq must invest in promoting the principles and provisions of the CRC throughout society.16 JS1 recommended raising to 13 years old the age of criminal responsibility17 and the adoption of a legislation stating the supremacy of international instruments over national legislation.18

12. ICRN informed that the International Compact with Iraq contains some provisions that would strengthen the rights environment for children37 many of which are presently denied their rights for reasons of ethnicity, gender, disability, and their or their parents’ religious beliefs.38

24. JS1 reported about the high incidence of child labor.84 JS2 added that local militias and armed gangs recruit children in military operations.85 JS1 indicated that children suffer from bad conditions in prisons and are not beneficiaries to any rehabilitation programs.86 JS7 indicated that children continue to be exposed to dangers of unexploded ordnance and landmines.87 Global Initiative to End All Corporal Punishment of Children (GIEACPC) strongly recommended that the government introduce legislation as a matter of urgency to prohibit all corporal punishment of children.88

43. JS1 reported about the high levels of poverty and about electricity and water shortages148 and noted that many Iraqi’s lack adequate housing and have lost their homes due to the security situation.149 For AlKarama, the economic situation and health conditions deteriorated dramatically after the invasion. The police and army were disbanded and tens of thousands of officials, engineers, managers of public services were dismissed. The public infrastructure was destroyed, including the water supply, electricity, telephone, transport, and especially hospitals. Millions of Iraqis are malnourished.150 JS9 mentioned that large sectors of society cannot afford adequate food.151 JS6 stressed that the growing number of widows in the country is devastating and that with no income, these women and their children have little hope of a prosperous future.152 JS7 stated that there is no evidence of a strategy or concerted effort for a special assistance to orphaned children.153

45. JS2 noted that the economic situation and the unavailability of up to date syllabi, poor scientific equipment coupled with the government’s neglect of educational infrastructure have led to the decline of educational standards and have pushed students to leave school.156 JS2 reported that: several schools have been transformed into barracks or centers for militias and sometimes into shelters for internally displaced persons; elementary school buildings do not suffice for the numbers of students and classes are very often overcrowded and; certain NGOs have expressed concern at the increasing incidents of violence or corporal punishment of students by educational staff.157 According to JS7, sudden curfews and flare ups of violence affected the children and interrupted their education158 and there are no proper education facilities for children with special educational needs and no adequate education services for children with physical disabilities.159

46. JS2 stated that due to cultural traditions, girls in rural areas are often denied schooling after 12- 15 years and that the ministry of education remains silent and inactive regarding procedures to be taken to apply the mandatory education law.160 JS6 added that the illiteracy rate is twice as high among women compared to that of men.161 JS7 recommended that the Iraqi government must develop a well funded, comprehensive strategy for children’s health care and education.162

50. JS7 stressed that minority women and children represent the most vulnerable section of Iraqi society.170 BF recommended that the government should integrate a religious pluralism component into its education system.171

Final Report

24. The Sudan welcomed the international covenant adopted by Iraq with a view to establishing a democratic Government. It commended the Government’s interest concerning the role of women and the family, as well as the increase in school enrolment and the decrease in child mortality. The Sudan made recommendations.

31. Tunisia noted the constitutional principles aimed at ensuring equality, non- discrimination, the independence of the judiciary and the enjoyment of civil and political rights. It referred to the care taken in establishing strategies for promoting women’s rights and the rights of the disabled, despite difficult circumstances in Iraq. It noted the pioneering experience in establishing a culture of human rights among children in schools. Tunisia made a recommendation.

33. Germany noted reports that “honour crimes” against women continued to be frequent and that laws against domestic violence were still lacking. It asked how the Government was improving the situation of women and girls with regard to violence. Germany stated that attacks on journalists and religious pressure were placing limitations on freedom of opinion and expression. It asked about measures to ensure the stability necessary for functioning media. It made recommendations.

34. Hungary inquired about measures taken to eliminate child labour and to guarantee the full enjoyment of freedom of religion, in particular the fact that the Constitution established that freedom of religion could be restricted if in conflict with Islamic law. It also requested information about measures to improve the level of education and to guarantee equal access to proper education. Hungary made a recommendation.

50. Austria welcomed the ratification of the two Optional Protocols to CRC and recalled the overdue reports under CRC and CEDAW. Children and women had been particularly affected by the general situation and, particularly, by “honour crimes”. It expressed concern at the indications that courts were failing to meet minimum fair-trial standards. Austria made recommendations.

59. Nigeria acknowledged the efforts to guarantee economic, social and cultural rights. Nigeria welcomed the improvements in school enrolment levels, the narrowing of the gender gap, the reduction in the infant and maternal mortality rates and in the area of women’s rights. Nigeria noted that Iraq faced enormous challenges in achieving the full promotion and protection of all human rights. Nigeria made a recommendation.

79. Iraq had agreed to visits by the Special Rapporteur on torture and the Representative of the Secretary-General on the rights of internally displaced persons. Iraq had received a visit by the Special Representative of the Secretary-General for Children and Armed Conflict in 2008. Iraq had always been prepared for and open to visits by all Special Rapporteurs and representatives of the United Nations system. Iraq intended to submit overdue reports to treaty bodies by the end of 2010, in particular the reports on children’s rights.

80. Education was provided free of cost at all levels and without discrimination of any kind. The Government had, inter alia, doubled the portion of the budget set aside for education and research, increased the salaries of teachers and university professors, agreed with UNESCO to improve education in such areas as information and communications technology, and placed priority on protecting the copyrights of Iraqi scientists.

Accepted and Rejected Recommendations

The following recommendations were accepted by Iraq:

81. A - 21. Undertake additional measures to protect rights of women and children (Ukraine);

A - 33. Submit the second and third reports to the Committee on the Rights of the Child (Uruguay);

A - 44. Further enhance measures, in cooperation with the international community, to protect and promote the rights of the child, including through strengthening the educational system and the provision of adequate food, housing and health services to the most vulnerable families and groups in society (Philippines);

A - 59. Adopt measures to criminalize the recruitment of child soldiers, put an end to the impunity of persons involved in trafficking in organs or organizing child prostitution, and accompany these measures with a policy of access to basic services and to education for the most vulnerable children (France);

A - 60. Ensure due monitoring, investigating and prosecuting the recruitment of minors for military purpose and provide efficient rehabilitation and reintegration schemes for the victims (Slovakia);

A - 61. Consider enacting a specific law to combat trafficking in persons, with emphasis on the protection of the human rights of victims, especially women and children (Philippines);

A - 62. Intensify efforts to address impunity and incidence of trafficking and domestic violence as well as sexual abuse of women and girls including by strengthening law enforcement and judicial system, recruiting more women in the police and judiciary, and organizing more gender awareness campaigns within the Iraqi armed forces and police (Malaysia);

A - 66. Enact legislation to combat domestic violence and sexual violence and to ban female genital mutilation (France);

A - 67. Put a decisive end to the practice of female genital mutilation (Greece);

A - 70. Strengthen measures in response to reported violence against women and girls, and, in the worst cases of honor crimes and end impunity (Japan);

A - 107. Continue its efforts for all children to have access to education and health (Bangladesh);

A - 108. Strengthen efforts to improve the education system, reduce the dropout rates and eradicate illiteracy by inter alia, allocating more resources in the education sector and strengthening cooperation with the international community and organizations including UNICEF and UNESCO (Malaysia);

A - 109. Continue efforts aiming at combating school drop-out and illiteracy through parallel programmes to the formal education system, that encourage families to register children in schools and adults in programmes for the eradication of illiteracy (Morocco);

A - 110. Continue its policies aimed at strengthening the educational system (Angola);

A - 112. Disseminate the culture of human Rights through school curricula (Libyan Arab Jamahiriya);

A - 113. Make efforts to enhance security in the schools in order to increase the participation of children in the education system (Bosnia and Herzegovina);

The following recommendations were rejected by Iraq:

83 R - 27. Ensure that Iraq's national legislation guarantees the rights of boys, girls and adolescents and establishes 18 as the age of adulthood, especially regarding penal responsibility (Mexico).

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