Follow-up to the concluding observations on Iraq of the Committee Against Torture and Human Rights Committee – “Dialogue on Reparative Justice: Ensuring Effective Reparations in Iraq”

The UN International Day in Support of Victims of Torture on 26 June marks the moment in 1987 when the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, one of the key instruments in fighting torture, came into effect. Today, the Convention has been ratified by 162 countries.

On March 30, 2022 the UN Human Rights Committee (HRC), a body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights, published its findings on Iraq. HRC commended the adoption of the Yazidi Female Survivors Law in March 2021, but also recommended Iraq to:

• adopt all possible measures to free Yazidi women and children in captivity by ISIL members in Iraq;
• investigate and prosecute sexual offences committed by ISIL members during thearmed conflict against Yazidi women and girls, ensure perpetrators are punished and the victims or members of their families accorded full reparation;
• amend National Identity Card Law in order to take into account the situation of children born to non-Muslim mothers where the father is unknown or uninvolved in the life of the child, in particular children born of rape to Yazidi women previously held captive by ISIL.
• ensure the return of IDPs to their former places of residence or full integration into society in appropriate new places of residence
• ensure that all persons residing IDP camps, including persons with possible ties to ISIL, have an adequate standard of living and security without discrimination

On May 13, 2022, the UN Committee Against Torture (UNCAT), a body of independent experts that monitors the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), issued Concluding Observations for Iraq. The committee made its observations in response to the Iraq’s second periodic report to the committee on the implementation of the CAT.

UNCAT commended Iraq´s efforts to redress survivors of conflict-related and gender-based violence but remained concerned at the information received on the reported slow progress in implementation of the Yazidi Survivors’ Law and the current lack of funds allocated to that effect. It also reiterated concerns raised by the UN Secretary-General that the Law does not address the status of children born of rape by members of ISIL, and the definition of a survivor does not include members of some minority communities. UNCAT recommended Iraq to:

• strengthen its efforts to rescue the victims still in ISIL captivity and investigate and prosecute all acts of conflict-related sexual violence.
• ensure that victims are able to effectively and expeditiously claim and receive all relevant forms of redress, which includes comprehensive, inclusive, and survivor-centered rehabilitation programmes and guarantees of non-repetition. To this end, the State party should ensure effective and timely implementation of the Yazidi Survivors Law by (i) allocating sufficient funds, (ii) enhancing the processing of claims, (iii) ensuring the active participation of women from conflict-impacted communities in its implementation, for example through consultation or inclusion as staff, and (iv) conducting regular capacity building of all staff working on its implementation, including on ethical and trauma-informed engagement with victims.
• guarantee the victims’ right to participate in criminal proceedings effectively, accompanied by safeguards to avoid stigmatization, hence re-traumatization and ensuring that specialized rehabilitation services are promptly made available to all survivors.