E/C.12/IRQ/CO/4
National human rights institution
17.
While welcoming the establishment of the Independent High Commission for
Human Rights of Iraq by Law No. 53 of 2008, the Committee is concerned about the
reasons for the delay in the appointment of a Chair, and the limited financial resources
allocated to the Commission, which prevents it from fully discharging its mandate, in
particular receiving and processing complaints from victims of alleged human rights
violations.
18.
The Committee recommends that the State party take the measures necessary
to ensure that the Independent High Commission for Human Rights of Iraq fully
complies with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), including by
appointing a Chair without further delay. It also recommends that the State party
increase the human and financial resources allocated to the Commission so as to
enable it to discharge all its duties effectively and independently.
Non-discrimination
19.
The Committee, while taking note of the fact that the State party’s Constitution
prohibits discrimination on certain grounds, expresses its concern about the absence in the
State party’s legal order of comprehensive anti-discrimination legislation in accordance
with article 2 of the Covenant. The Committee is further concerned that lesbian, gay,
bisexual, transgender and intersex persons are particularly affected by discriminatory
practices (art. 2).
20.
The Committee recommends that the State party consider adopting a
comprehensive anti-discrimination law that fully complies with article 2 of the
Covenant and that covers not only direct but also indirect discrimination. The
Committee also recommends that the State party take all measures necessary to
ensure that lesbian, gay, bisexual, transgender and intersex persons fully enjoy their
economic, social and cultural rights without discrimination. The Committee draws the
attention of the State party to its general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, including sexual orientation
and gender identity.
Refugees and internally displaced persons
21.
The Committee notes with appreciation that the State party hosts over 270,000
refugees and asylum seekers in its territory. It expresses concern, however, at the
inadequate legal framework for refugee protection, at the delays in the passing of the new
draft refugee law and at reported discriminatory practices in the protection of refugees,
notably in areas of social protection, housing, health and education (art. 2 (2)).
22.
The Committee recommends that the State party accede to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol, and accelerate the
adoption of the draft refugee law, with a view to ensuring that refugees and asylum
seekers have access to their rights to social protection, housing, health and education
irrespective of their nationality, ethnicity, religion and location of refuge.
23.
The Committee is concerned that, despite the adoption of policies and programmes
in support of the almost 3.2 million internally displaced persons living in the State party,
many such persons continue to face serious impediments in accessing housing, health
services, education and basic social services. The Committee is further concerned that the
limited efforts to facilitate the safe and voluntary return of displaced persons to their
original place of residence has not yielded meaningful results (art. 2 (2)).
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