18 April 2002

U.N. Human Rights Expert Reports on Visit to Iraq, April 18, 2002

(UN receives more allegations; Iraqi regime promises information)

The full official text can be accessed on the Internet at: http://wwww.reliefweb.int/w/rwb.nsf/s/9907398D86FB4BBBC1256B90004730DD

The United Nations Special Rapporteur on the Situation of Human Rights in Iraq, Andreas Mavrommatis, has issued a report on his February 11-15, 2002 visit to Iraq. His visit was only the second time since 1991 that Iraq permitted a United Nations Commission on Human Rights-appointed expert to visit. Mavrommatis' report was issued March 15.

In the report, Mavrommatis noted that his visit was a short one with a limited agenda. Nevertheless, he welcomed its opportunity as an "exploratory" mission aimed at gaining insight into the situation within Iraq. As a result of the visit, Mavrommatis said clear lines of communication have now been set up for the Iraqi government to respond to informational requests on a specific number of mutually agreed upon issues.

In his conclusion, the Special Rapporteur said that the success of this new dialogue depends on the continued cooperation of the Iraqi government, including detailed replies to allegations of human rights violations, as well as future visits.

Mavrommatis also noted that Iraq's invitation to him for his February visit came just prior to his visit to Iran in January 2002. Iran has a large Iraqi refugee population, and Mavrommatis traveled to Iran to collect information from various sources on alleged human rights violations by the Iraqi government.

Since Iraq has prevented any independent review of its human rights situation, the Special Rapporteur explained that he gathers much of the information on reports of abuse through interviews with recent refugees, interviews with opposition groups and other Iraqis that have contacts inside the country.

Mavrommatis's findings based on his January 2002 trip to Iran are also summarized at the end of the March 15 report. According to the report, the large volume of serious allegations warrants concern and more detailed analysis before being presented in full.

The text of Executive Summary of the March 15 "Report of the Special Rapporteur on the Situation of Human Rights in Iraq" is carried below:
(begin text)

Report of the Special Rapporteur on the situation of human rights in Iraq
E/CN.4/2002/44

COMMISSION ON HUMAN RIGHTS
Fifty-eighth session Item 9 of the provisional agenda

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD

Report of the Special Rapporteur, Andreas Mavrommatis, on the situation of human rights in Iraq

Executive summary

A significant breakthrough was achieved in the context of the relations with the Government of Iraq when the Government, in January 2002, announced that it would accept a visit to Iraq by the Special Rapporteur, who eventually undertook a mission to the country from 11 to 15 February 2002.

During the mission to Iraq the Special Rapporteur met with various government ministers, government officials, religious dignitaries, representatives of United Nations programmes and agencies, politicians and others. The Special Rapporteur also visited two prisons, a hospital for children, a local school, a food distribution outlet, as well as religious sites.

The Special Rapporteur appreciates this positive response from the Government to his repeated requests for a visit. He sees this initial mission as an exploratory one, the main purpose of which was to set the stage for future cooperation. Owing to the short notice prior to the mission, as well as the short duration of the visit, the Special Rapporteur decided that only a limited number of pre-selected human rights issues could be raised.

The Special Rapporteur is pleased that contacts with the Government were established and that mechanisms and procedures for communications with the Government regarding allegations of violations of human rights were put in place during the mission. The success of the dialogue will depend on the continued cooperation of the Government. The ultimate measure of success will be the successful implementation of recommendations submitted by the Special Rapporteur.

The Special Rapporteur also undertook a mission to Iran in January 2002 to collect information on human rights violations allegedly committed by the Government of Iraq. In addition, the Special Rapporteur continued to receive from various sources a number of written allegations of human rights violations. Allegations of violations committed by the Government covered a very broad range of issues, 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", and forced military recruitment. The Special Rapporteur plans to investigate these allegations further in the context of the new mechanisms and procedures established with the Government of Iraq in this regard.

Conclusions and recommendations

The Special Rapporteur is encouraged by progress so far in establishing a constructive dialogue on human rights with the Government of Iraq and wishes to express his appreciation to the Government for accepting the first mission of the Special Rapporteur since his appointment in 1999.

The Special Rapporteur wishes to stress that the success of this dialogue will depend on the continued cooperation of the Government, including through the provision of detailed replies to allegations of human rights violations transmitted by the Special Rapporteur, as well as through future visits by the Special Rapporteur to Iraq. The ultimate measure of success will be the successful implementation of recommendations submitted by the Special Rapporteur.

The Special Rapporteur wishes to reiterate his recommendations that all humanitarian concerns should be kept under constant review and necessary adjustments should continue to be made to ensure that the humanitarian needs and the long-term adverse effects of the embargo are addressed and the suffering of the people is alleviated.

Furthermore, the Special Rapporteur, whilst reiterating recommendations made in his previous reports, wishes to make the following recommendations stemming from the information collected and processed during the reporting period.

The Special Rapporteur urges the Government of Iraq to dispatch as soon as possible the documentation and information requested by him during meetings with the Minister of Foreign Affairs and with other ministers and officials, as noted above, and to make immediate arrangements for the continuation of the dialogue.

The Special Rapporteur reiterates his recommendation to the Government that a moratorium on executions be implemented immediately.

The Special Rapporteur repeats his call on the Government of Iraq to reduce the number of crimes that carry the death penalty, including the crime of trafficking of women and the exploitation of women for prostitution.

The Special Rapporteur also urges the Government to improve considerably the conditions on death row and to take urgent measures to improve the general conditions in Abu Ghraib prison, even prior to the construction of new prison buildings, through amnesties and the substitution of other sentences for imprisonment (fines, community service, conditional discharge, bail, etc.). The Special Rapporteur also urges the Government to establish a system of independent prison visitors to ensure that the human rights of prisoners are respected.

With regard to freedom of religion, the Special Rapporteur urges the Government:

(a) To respect the freedom of religion and freedom of movement of all Shia clerics; and

(b) To examine sympathetically the issues raised by the leaders of the Christian community, as outlined above.

The Special Rapporteur urges the Government to facilitate in every respect continuation of the dialogue by ensuring that the focal point at the Ministry of Foreign Affairs has everything that is required in order that it may respond promptly and adequately to requests and recommendations by the Special Rapporteur.

The Special Rapporteur urges the Government to abolish the Special Courts and ensure that the rule of law is respected everywhere and at all times in Iraq in accordance with Iraq's freely undertaken obligation under international human rights instruments.

The Special Rapporteur urges the Government to ensure that no policies or practices of discrimination against ethnic or religious groups are carried out in Iraq, and to investigate allegations of human rights violations relating to the issue of arabization.

(end text)