INTRODUCTORY STATEMENT BY THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS IN IRAQ, ANDREAS MAVROMMATIS

Commission on Human Rights
Fifty-ninth Session
Geneva, 1st April 2003



Item 9 of the provisional agenda





What almost everyone was hoping and praying for that peaceful disarmament would be given a further chance and war would not take place became an illusive dream. War with all its horrors has begun. Our thoughts are with Iraqi civilians, especially innocent women and children who have already suffered so much in the past. What we expect now is for the war to be over the soonest and that events such as the carnage in the market place of Baghdad would not occur again. Respect to the right to life, to my mind, enjoins combatants to abort the process when the targeting of “assets” entails foreseeable risks to civilians.

Permit me to reiterate the Secretary-General’s position that parties should scrupulously observe international humanitarian law and shield the civilian population from the consequences of war.

Along the same lines was the High Commissioner’s concern for the safety and protection of civilians and respect at all times for fundamental human rights, including the right life. No one shall be arbitrarily deprived of his or her life. There must be no attacks on civilians and the sick and wounded must be cared for”.

The unfolding events in Iraq regrettably forced me to postpone the second substantive visit to Iraq, and as result of the same events, made my approach to the contents of my introductory remarks to the Commission an agonizing exercise. Therefore, it was with particular eagerness that I responded positively to the High Commissioner’s request to be present during the debate on a special sitting on Iraq, as I felt certain that it would provide certain answers to my difficulties.

Being present in order to attend the debate gave me also the opportunity to have a number of useful contacts and that, as well as the debate preceding the vote on the special sitting, helped me also to draw a number of conclusions in connection with my mandate.

Cooperation with the Permanent Mission of Iraq and delegates from Baghdad continued and, as a matter of fact, I had a useful meeting with them on the 27 March 2003. During the meeting, the Iraqi delegation referred to the latest notes verbales forwarded to me concerning compliance with past recommendations by the Special Rapporteur. Unfortunately, pressure of work prevented a full discussion on the basis of official translations. During the same meeting, the Permanent Representative of Iraq commented extensively on the addendum to the report, and in particular on its conclusions.

The aforesaid addendum to my report, which was drafted before hostilities became inevitable in Iraq, marked as stated in its paragraph 13 the completion of three years’ work that led to evaluations and proposed future action.

The debate so far in the Commission on Iraq as well as all my recent contacts inevitably lead to one conclusion namely that the international community, the United Nations, and in particular the High Commissioner, the Commission on Human Rights and the Special Rapporteur owe it to the Iraqi people to assist them in the process of the healing of wounds, in tackling humanitarian issues that arise, in protecting at all times the supreme right to life, and eventually in ensuring for the future the effective application of civil, political, economic, social and cultural rights.

I am now convinced that in the future, the task of the Special Rapporteurs on human rights in Iraq acquires, in the present circumstances, a new dimension and increased importance. We have to a good extent identified areas for future action. We do know or shall soon know what the priorities are and this would lead to recommendations, the scope of which would be more in the medium that the short term. It goes without saying that, as in the past, the final formulation of recommendations presupposes full cooperation with Iraq, whose responsibility would be to implement any recommendations arrived at. I would like to echo the words of the High Commissioner, following the conclusion of the debate on the special sitting, that we should redouble our efforts to make sure that we are not so powerless now and that we should seek results, thus making a real difference to the people of Iraq. I should add that not doing so would give the wrong message.

One might think that it is not so appropriate, when people including civilians are being killed, to speak about future action in the field of human rights in Iraq. It is my view, though, that I would have been failing my duty as Special Rapporteur, if I were not to refer in an optimistic manner to the imperative necessity for continued action to promote human rights and fundamental freedoms in Iraq. This presupposes in addition an adequate UN human rights presence in Iraq which, in cooperation with the authorities, could assist in the gradual attainment of full compliance with international human rights norms.

Naturally, the Special Rapporteur should also continue dealing with information regarding serious allegations of violations of human rights, assisting inter alia the process of tracing and accounting Kuwaiti prisoners of war and missing persons, other missing persons including Iraqis, some of whom were expelled more than two decades ago, and the issue of people expelled or forced to relocate.

I would like to conclude be reiterating my determination to deal with the question of human rights in Iraq in full cooperation with the authorities, without prejudging any issue, and with the main intention being to ensure the enjoyment of human rights by all the Iraqi people without fear, favour or discrimination.




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