E/C.12/1/Add.17
page 2
B.
Positive aspects
4.
The Committee notes with satisfaction that, according to the legal
system of Iraq, the Covenant forms an integral part of the national
legislation and may be directly invoked before the courts, although it regrets
the lack of information on any cases where the Covenant was actually referred
to by the courts or invoked directly before the courts.
5.
The Committee notes that a Human Rights Commission was recently
established within the National Assembly, although it regrets the lack
of information on its functions, powers and activities to date.
6.
With respect to gender equality, the Committee notes with appreciation
the existence of laws to promote women’s participation in national
development, providing them with equal opportunities in education, health,
employment and land ownership, and protecting them from exploitation and
sexual harassment in the workplace. Moreover, it notes that women have the
right to six months' maternity leave with full salary, plus six months with
half their salary, and can retire at 55 years of age.
C.
Factors and difficulties impeding the implementation
of the Covenant
7.
The Committee recognizes that eight years of war with the Islamic
Republic of Iran and the conflict following Iraq’s invasion of Kuwait caused
the destruction of part of the country’s infrastructure and considerable human
suffering, and produced a very difficult economic and social situation in
Iraq. The Committee also notes that the living standard of large sections
of the Iraqi population has been reduced to subsistence level since the
imposition of the embargo, which led to the decrease of the country’s oil
revenue from approximately $20 to 2 billion a year, and that this situation
is further aggravated by the sharp rise in consumer prices.
8.
In this respect, the Committee endorses resolution 1997/35 adopted
by the Sub-Commission on Prevention of Discrimination and Protection of
Minorities on adverse consequences of economic sanctions on the enjoyment of
human rights, and puts particular emphasis on the fact that “such measures
most seriously affect the innocent population, in particular the weak and the
poor, especially women and children, (and ...) have a tendency to aggravate
the imbalances in income distribution already present in the countries
concerned”.
9.
However, the Committee, while noting that the effect of sanctions
and blockades hampers the full implementation of certain rights under the
Covenant, underlines that the State party remains responsible to implement its
obligations under the Covenant “to the maximum of its available resources” in
accordance with article 2, paragraph 1, of the Covenant.
D.
Principal subjects of concern
10.
The Committee notes with concern the continuing deterioration of the
economic, social and cultural rights in Iraq since the beginning of the
hostilities with the Islamic Republic of Iran and further since the Gulf war