E/C.12/IRQ/CO/4
(c)
Act No. 53 (2008) establishing the Independent High Commission for
Human Rights of Iraq, and Act No. 4 (2010) establishing the Independent Board of Human
Rights in the Kurdistan Region;
(d)
National development plan (2013-2017);
(e)
Strategy to facilitate access to high quality education in the Kurdistan region
(2013-2018);
C.
(f)
National strategy to eradicate illiteracy in Iraq (2011-2015);
(g)
Poverty reduction strategy (2010-2014).
Introductory comments
5.
The Committee is fully aware of the persistence of the armed conflict in the State
party, in particular between the Iraqi armed forces and the terrorist group self-proclaimed as
Islamic State in Iraq and the Levant (ISIL). The Committee acknowledges that the armed
conflict hinders the State party’s effective control over parts of its territory and that it is
consequently unable to ensure that the Covenant rights are fully implemented in the entirety
of its territory. The Committee nevertheless reminds the State party that human rights
obligations are of a continuous nature and that the State party bears the primary
responsibility to protect all persons within its territory without discrimination on any
ground. To this end, it must strive to the extent possible to meet its obligations under the
Covenant by resorting to all measures compatible with international law.
6.
The Committee recalls that its previous concluding observations were issued in
1997. While noting that legislative and policy measures were launched during the period
covered by the present report, it regrets the lack of information on the effective
implementation of, and progress achieved and remaining obstacles in relation to, most of
those measures. It also notes the fragmented and scarce statistics provided, which cover
only a limited period of time (mostly 2008-2010) and do not allow for an accurate
assessment of the fulfilment of economic, social and cultural rights in the State party.
D.
Principal subjects of concern and recommendations
Domestic application of the Covenant
7.
The Committee is concerned about the lack of full incorporation of the Covenant
rights in the State party’s legal order and the limited instances in which the Covenant
provisions were invoked before and/or applied by domestic courts.
8.
The Committee recommends that the State party take the steps necessary to
incorporate the Covenant rights fully into its domestic legal order. It also recommends
that the State party raise awareness of the economic, social and cultural rights
contained in the Covenant, and of their justiciability, in particular among the
judiciary, lawyers, law enforcement and other public officials, and among rights
holders. The Committee draws the State party’s attention to its general comment
No. 9 (1998) on the domestic application of the Covenant.
Independence of the judiciary
9.
The Committee is concerned about the absence of institutional guarantees for the
independence of the judiciary, which can have a negative impact on its role in safeguarding
the enjoyment of human rights.
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