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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES CONSIDERATION OF IRAQI REPORT
10 August 1999
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MORNING
HR/CERD/99/44
10 August 1999
Some Western and other States hostile to Iraq were using the issue of human rights and minorities as a pretext to achieve political aims by engaging in unacceptable interference in the internal affairs of Iraq, an Iraqi Government representative told the Committee on the Elimination of Racial Discrimination this morning.
The remark came as the Committee concluded its consideration of a report from Iraq on that country’s efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
Members of an Iraqi delegation appearing before the Committee said Government legislation in force, as well as the actual practices of the country, clearly showed that Iraq was effectively committed to the rights set forth in international instruments that sought to safeguard the rights of minorities, particularly by eliminating discrimination on any of the grounds specified in those instruments.
Ion Diaconu, the Committee Expert who served as country rapporteur for the report of Iraq, said the dialogue with the delegation had established understanding and better comprehension of the prevailing situation in Iraq. He suggested that Iraq had to fully comply with article 4 of the Convention on the prohibition of ideas or propaganda based on racial hatred, which was not sufficiently reflected in the country's criminal code. Other Committee Experts asked questions, among other things, about missing Kuwaitis following the conclusion of the Gulf War, the Commission on Human Rights’ recommendation that human-rights observers be dispatched to Iraq, and the situation of groups in the marsh region of Iraq and in the north of the country.
Participating in the discussion were Committee Experts Ivan Garvalov, Regis de Gouttes, Theodoor van Boven, Michael P. Banton and Luis Valencia Rodriguez.
The Committee also heard a report of one of its members on situations in territories under trusteeship.
When the Committee reconvenes at 3 p.m., it will take up a report of Chile.
Discussion
Responding to a number of questions raised by Committee Experts, members of the Iraqi delegation said Iraq had always cooperated with the Committee and had contributed to an open dialogue.
With regard to the populations living in the marshes of Iraq, the delegation said these people had no particularities that distinguished them from the rest of the Iraqi people, since they belonged to Arab tribes that could be found throughout the country. There was not a single family living in the area of the marshes that did not have family or kinship links outside that area. In addition, the vast majority of the population of southern Iraq consisted of Arab tribes that had the same well-known customs and traditions, the delegation said.
Concerning missing Kuwaitis following the end of the Gulf War, the delegation said the matter had already been discussed by a tripartite committee composed of Iraq, Saudi Arabia and Kuwait, and with which the International Committee of the Red Cross was associated. The issue did not fall under the jurisdiction of the Committee, the delegation said.
Regarding alleged human-rights violations in the northern part of Iraq, the delegation said that the absence of central authority from that area as a result of foreign military intervention and the escalation of tensions and conflicts among the various factions there had resulted in the deaths of many persons. Kurds and other minorities in the region of Kurdistan were being subjected to violations of human rights at the hands of Kurdish groups and armed militia in the northern region, the delegation contended. The central Government was hindered from establishing law and order in the region.
According to the delegation, Kurds participated in the central Government of Iraq and held high and responsible posts. The Vice-President of the Iraqi National Council, which was one of the highest institutions of the country, was Kurdish, the delegation said. A number of other Kurds also held positions as judges and ambassadors, and worked in higher administrative posts. The Government of Iraq considered the Kurds to be part of the general Iraqi population.
The delegation said that real-estate ownership was confined to those whose names were registered in the 1957 census to avoid migration from rural to urban areas. In order to keep the demographic balance, only people who figured in the 1957 census and their children were allowed to buy houses in the places of their registration.
Women had the same rights as men in Iraqi society, the delegation went on to say. Iraqi legislation, which emanated from the Sharia, provided for the financial independence of women and their right to own property. Women were also allowed to carry out business activities to earn their livings.
Concerning the status of the Convention in domestic law, the delegation said that as part of national legislation, the provisions of Convention could be invoked by citizens in the courts. In addition, individuals had the right to lodge complaints against public or private authorities claiming that their rights under the Convention had been violated. In the event that a Government official was condemned for acts of racial discrimination, the State was liable for the reparation of the damage incurred.
The deployment of human-rights observers in Iraq, as called for by the Commission on Human Rights, was asked about by Committee members. The delegation said that such an idea raised the matter of the credibility of certain special observers who also had insisted on the issue. The reports of the Special Rapporteur of the Commission on Human Rights were based on uncorroborated accounts and incidents that were too vague to be debated in detail, the delegation contended. The allegations he had presented were based on hearsay and he had chosen his subjects to satisfy his own political motives, the delegation charged. The issue of deploying human-rights observers in Iraq had no precedence in the history of the United Nations, said the delegation.
Iraqi officials reiterated that some Western and other States hostile to their country were using the issue of human rights and minorities as a pretext to achieve political aims by engaging in unacceptable interference in the internal affairs of Iraq. The Iraqi legislation in force, as well as the actual practices in the country, clearly showed that Iraq was effectively committed to the rights set forth in the international instruments that sought to safeguard the rights of minorities, particularly by eliminating discrimination on any of the grounds specified in those instruments.
With regard to an allegation of demographic modifications in Kirkuk, the delegation said that during the Iran-Iraq war, people living in two cities in the Kirkuk region were resettled in other places far from the theatre of the military operations for their own safety. In fact, Kirkuk was a border region vulnerable to military attacks from Iran, said the delegation.
An Expert said that in the past, Iraq's illiteracy campaign had been praised and had received a prize from the United Nations Educational, Scientific and Cultural Organization (UNESCO). However, since the imposition of the international economic embargo against Iraq, the shortage of textbooks and other learning materials had hampered the campaign. The Expert urged the Committee to take measures in that regard.
ION DIACONU, the Committee Expert who served as country rapporteur on the report of Iraq, said the dialogue with the delegation had established understanding and better comprehension of the prevailing situation in Iraq. He suggested that Iraq had to comply fully with article 4 of the Convention on the prohibition of ideas or propaganda based on racial hatred, which was not sufficiently reflected in the country's criminal code. He expected that in the next report, the Government would include more comprehensive answers to the Experts' queries.
Working paper on the implementation of Convention article 15
THEODOOR VAN BOVEN, a Committee Expert who had prepared a working paper dealing with territories under trusteeship, said he had reviewed copies of other materials by the Special Committee of 24 and CERD documents relating to seventeen territories. He said he paid particular attention to materials relating to East Timor, Western Sahara and New Caledonia. Some of those materials were more of historical interest than of actual importance, he said.
Mr. van Boven said the current situation of East Timor and the planned referendum about the future status of that territory and its people made the materials he had consulted out of date. As regards Western Sahara, a referendum on self-determination also had been foreseen for quite some time but several major issues, such as the identification of voters, had still to be clarified among the different parties.
Mr. van Boven said that of immediate interest to the Committee was the Noumea Accord regarding the future status of New Caledonia signed on 5 May 1998, because it purported to give full recognition to the Kanak identity.
Mr. van Boven suggested that the Committee repeat the opinions and recommendations it had formulated last year as reflected in its annual report of 1998.
HR/CERD/99/44
10 August 1999
Some Western and other States hostile to Iraq were using the issue of human rights and minorities as a pretext to achieve political aims by engaging in unacceptable interference in the internal affairs of Iraq, an Iraqi Government representative told the Committee on the Elimination of Racial Discrimination this morning.
The remark came as the Committee concluded its consideration of a report from Iraq on that country’s efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
Members of an Iraqi delegation appearing before the Committee said Government legislation in force, as well as the actual practices of the country, clearly showed that Iraq was effectively committed to the rights set forth in international instruments that sought to safeguard the rights of minorities, particularly by eliminating discrimination on any of the grounds specified in those instruments.
Ion Diaconu, the Committee Expert who served as country rapporteur for the report of Iraq, said the dialogue with the delegation had established understanding and better comprehension of the prevailing situation in Iraq. He suggested that Iraq had to fully comply with article 4 of the Convention on the prohibition of ideas or propaganda based on racial hatred, which was not sufficiently reflected in the country's criminal code. Other Committee Experts asked questions, among other things, about missing Kuwaitis following the conclusion of the Gulf War, the Commission on Human Rights’ recommendation that human-rights observers be dispatched to Iraq, and the situation of groups in the marsh region of Iraq and in the north of the country.
Participating in the discussion were Committee Experts Ivan Garvalov, Regis de Gouttes, Theodoor van Boven, Michael P. Banton and Luis Valencia Rodriguez.
The Committee also heard a report of one of its members on situations in territories under trusteeship.
When the Committee reconvenes at 3 p.m., it will take up a report of Chile.
Discussion
Responding to a number of questions raised by Committee Experts, members of the Iraqi delegation said Iraq had always cooperated with the Committee and had contributed to an open dialogue.
With regard to the populations living in the marshes of Iraq, the delegation said these people had no particularities that distinguished them from the rest of the Iraqi people, since they belonged to Arab tribes that could be found throughout the country. There was not a single family living in the area of the marshes that did not have family or kinship links outside that area. In addition, the vast majority of the population of southern Iraq consisted of Arab tribes that had the same well-known customs and traditions, the delegation said.
Concerning missing Kuwaitis following the end of the Gulf War, the delegation said the matter had already been discussed by a tripartite committee composed of Iraq, Saudi Arabia and Kuwait, and with which the International Committee of the Red Cross was associated. The issue did not fall under the jurisdiction of the Committee, the delegation said.
Regarding alleged human-rights violations in the northern part of Iraq, the delegation said that the absence of central authority from that area as a result of foreign military intervention and the escalation of tensions and conflicts among the various factions there had resulted in the deaths of many persons. Kurds and other minorities in the region of Kurdistan were being subjected to violations of human rights at the hands of Kurdish groups and armed militia in the northern region, the delegation contended. The central Government was hindered from establishing law and order in the region.
According to the delegation, Kurds participated in the central Government of Iraq and held high and responsible posts. The Vice-President of the Iraqi National Council, which was one of the highest institutions of the country, was Kurdish, the delegation said. A number of other Kurds also held positions as judges and ambassadors, and worked in higher administrative posts. The Government of Iraq considered the Kurds to be part of the general Iraqi population.
The delegation said that real-estate ownership was confined to those whose names were registered in the 1957 census to avoid migration from rural to urban areas. In order to keep the demographic balance, only people who figured in the 1957 census and their children were allowed to buy houses in the places of their registration.
Women had the same rights as men in Iraqi society, the delegation went on to say. Iraqi legislation, which emanated from the Sharia, provided for the financial independence of women and their right to own property. Women were also allowed to carry out business activities to earn their livings.
Concerning the status of the Convention in domestic law, the delegation said that as part of national legislation, the provisions of Convention could be invoked by citizens in the courts. In addition, individuals had the right to lodge complaints against public or private authorities claiming that their rights under the Convention had been violated. In the event that a Government official was condemned for acts of racial discrimination, the State was liable for the reparation of the damage incurred.
The deployment of human-rights observers in Iraq, as called for by the Commission on Human Rights, was asked about by Committee members. The delegation said that such an idea raised the matter of the credibility of certain special observers who also had insisted on the issue. The reports of the Special Rapporteur of the Commission on Human Rights were based on uncorroborated accounts and incidents that were too vague to be debated in detail, the delegation contended. The allegations he had presented were based on hearsay and he had chosen his subjects to satisfy his own political motives, the delegation charged. The issue of deploying human-rights observers in Iraq had no precedence in the history of the United Nations, said the delegation.
Iraqi officials reiterated that some Western and other States hostile to their country were using the issue of human rights and minorities as a pretext to achieve political aims by engaging in unacceptable interference in the internal affairs of Iraq. The Iraqi legislation in force, as well as the actual practices in the country, clearly showed that Iraq was effectively committed to the rights set forth in the international instruments that sought to safeguard the rights of minorities, particularly by eliminating discrimination on any of the grounds specified in those instruments.
With regard to an allegation of demographic modifications in Kirkuk, the delegation said that during the Iran-Iraq war, people living in two cities in the Kirkuk region were resettled in other places far from the theatre of the military operations for their own safety. In fact, Kirkuk was a border region vulnerable to military attacks from Iran, said the delegation.
An Expert said that in the past, Iraq's illiteracy campaign had been praised and had received a prize from the United Nations Educational, Scientific and Cultural Organization (UNESCO). However, since the imposition of the international economic embargo against Iraq, the shortage of textbooks and other learning materials had hampered the campaign. The Expert urged the Committee to take measures in that regard.
ION DIACONU, the Committee Expert who served as country rapporteur on the report of Iraq, said the dialogue with the delegation had established understanding and better comprehension of the prevailing situation in Iraq. He suggested that Iraq had to comply fully with article 4 of the Convention on the prohibition of ideas or propaganda based on racial hatred, which was not sufficiently reflected in the country's criminal code. He expected that in the next report, the Government would include more comprehensive answers to the Experts' queries.
Working paper on the implementation of Convention article 15
THEODOOR VAN BOVEN, a Committee Expert who had prepared a working paper dealing with territories under trusteeship, said he had reviewed copies of other materials by the Special Committee of 24 and CERD documents relating to seventeen territories. He said he paid particular attention to materials relating to East Timor, Western Sahara and New Caledonia. Some of those materials were more of historical interest than of actual importance, he said.
Mr. van Boven said the current situation of East Timor and the planned referendum about the future status of that territory and its people made the materials he had consulted out of date. As regards Western Sahara, a referendum on self-determination also had been foreseen for quite some time but several major issues, such as the identification of voters, had still to be clarified among the different parties.
Mr. van Boven said that of immediate interest to the Committee was the Noumea Accord regarding the future status of New Caledonia signed on 5 May 1998, because it purported to give full recognition to the Kanak identity.
Mr. van Boven suggested that the Committee repeat the opinions and recommendations it had formulated last year as reflected in its annual report of 1998.
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