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Geneva, 27 March 2002



Statement by Andreas Mavrommatis
Special Rapporteur


The situation of human rights in Iraq


Fifty-Eighth Session of
the Commission on Human Rights




Agenda Item 9: Question of the violation of human rights and fundamental freedoms in any part of the world


Mr. Chairman, Distinguished Delegates, Ladies and Gentlemen,

Initially, I would like to congratulate you, Mr. Chairman, as well as the members of the Bureau on your election. I wish you every success in your important and crucial task during this 58th session of the Commission on Human Rights.

Your task and that of the Commission is made even more difficult following the barbaric events of September 11, because, while States cannot fail in their duty to protect the lives of their citizens and stamp out terrorism, we have to be vigilant and allow no excuse or pretext in order to violate human rights that are not derogable.

Mr. Chairman,

As you know, since I was appointed as Special Rapporteur in December 1999, I have repeatedly stressed the importance of visiting Iraq. I have also invested considerable efforts in establishing a constructive dialogue on human rights with the Government, in order to be in a position not only of reporting on the human rights situation in the country, but also with a view to recommend steps to improve the situation.

In this regard, this year I am pleased to report that I undertook a mission to the country from 11 to 15 February 2002. From the outset, I made it clear, that this would be an exploratory mission, where the main purpose would be to establish initial contacts with relevant government departments with a view to developing the mechanisms and procedures of the dialogue. For the same reason, I decided to address only a limited number of pre-selected human rights issues during the mission; mainly those that were at the same time serious enough to justify a priority and at the same time lend themselves to an initial examination that could generate potential improvements in the short term.

In Iraq I met with various government ministers, government officials, religious dignitaries, representatives of United Nations programmes and agencies, politicians and others. I also visited a hospital for children, a local school, a food distribution outlet, two Muslim religious sites, as well as two prisons, including some sections of the central Abu Ghraib prison close to Baghdad. Time did not permit further visits to the north and south of Iraq, and I deem it essential to visit these and other areas in future missions the soonest.

The situation in the Abu Ghraib prison was generally deeply disturbing. The prison is severely overcrowded, which the Government readily acknowledged. However, various Ministers indicated that the Government is currently taking steps to address this situation. The Government also indicated that it was currently undertaking a study which would recommend the reduction of sentences for some crimes which currently carry the death penalty. Government officials from the Ministry of Health and others highlighted the negative impact of the sanctions on the health sector. During a visit of a children’s hospital in Baghdad, a Doctor explained to me, that due to the sanctions regime it is often impossible to provide the appropriate medicine to patients.

During a number of meetings with government ministers and officials, I requested to be provided with documents containing information regarding, inter alia, the death penalty, the issue of “arabization”, and the Special Courts. In this regard, I also had a series of meeting with the Human Rights Department of the Ministry of Foreign Affairs, where we agreed on the elements of mechanism and procedures for the continuation of the dialogue. In this regard I seize this opportunity to urge the Government to take timely steps to follow-up on issues agreed upon, as well as to implement the recommendations of the human rights treaty bodies, and to comply with Security Council resolutions.

Mr. Chairman,

During the last months I have also continued to assist in the search for solutions regarding the issue of missing persons and Kuwaiti prisoners of war and persons unaccounted for since the time of the Iraqi occupation of Kuwait. Regretfully there has been very little progress on this important humanitarian issue. I hope that all parties will work toward finding a solution, and, as noted in my report, to cooperate with the international mechanism set up to address these issues. In this context I urge the Government of Iraq to cooperate with the High-level Coordinator of the Secretary-General pursuant to Security Council resolution 1284, as well as the Tripartite Commission and provide replies to requests for information that I might submit.

Mr. Chairman,

In accordance with my mandate, I have also continued to receive and collect information from a broad range of other sources, and in January I also undertook a mission to Iran with the purpose of interviewing Iraqi nationals in that country. The information collected covers a very broad range of human rights violations, including arbitrary and extrajudicial execution, cruel, degrading and inhuman treatment and punishment, restrictions on religious and political freedom, forced displacement of ethnic minorities and “arabization”, forced military recruitment, and others. As I have done in the past, I always carefully examine this information, and plan to submit a number of these allegations to the Government of Iraq in the framework of the new procedures and mechanisms established following my mission to Iraq.

Mr. Chairman,

I am pleased to note that recently, and in particular during the mission, contacts with the Government have improved and that mechanisms and procedures for communications were agreed upon. I am also pleased to note that the Government has indicated that it is in the process of addressing some human rights issues of concern, in particular with regard to the death sentence and the congestion of prisons.

However, I remain extremely concerned about the considerable number and seriousness of allegations of violations of human rights that I continue to receive. I plan to address some of these issues in the context of the new dialogue with the Government, and hope that the Government will provide timely and detailed responses. I expect hope that during future missions I will have the opportunity to address a broader range of human rights issues in a more comprehensive manner.

Before concluding I would like to take this opportunity to pay tribute to the High Commissioner for Human Rights, Mrs. Mary Robinson. During her tenure, Mrs. Robinson has tremendously enhanced the stature and role of her Office, and she has had a considerable impact with regard to the promotion and protection of human rights worldwide. She has always performed her duties with a profound commitment to human rights as well as unfaltering integrity and strength of character. I wish to express my deep appreciation for her work and wish her well in her future endeavors to promote human rights.

In closing, Mr. Chairman, I wish to stress, and as I have noted in my report, the success of the dialogue with the Government of Iraq will ultimately depend on the continued cooperation of the Government. In this regard, I expect that the Government, as a next step in the weeks to come, will provide the information I requested during my mission and comply with my recommendations. I also urge the Government to improve its cooperation with the United Nations and resolve the issue of weapons inspectors, which might lead to easing the humanitarian situation in the country.

The ultimate measure of success will be determined by the successful implementation of my recommendations. Without a real change on the ground, this dialogue will devoid of any real significance.

I thank you.