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Urgent Need for Implementation of State-Sponsored Rehabilitation System Under Yazidi Survivors’ Law
Urgent Need for Implementation of State-Sponsored Rehabilitation System Under Yazidi Survivors’ Law
DUHOK – As we approach the tenth anniversary of the Yazidi genocide, the Coalition for Just Reparations (C4JR) Rehabilitation Working Group emphasises that the comprehensive, state-sponsored rehabilitation system envisioned under the Yazidi Survivors’ Law (YSL) remains critically important. This system will play a crucial role in fostering the healing of individual survivors, their families, and entire communities affected by the atrocities committed by the so-called Islamic State of Iraq and the Levant (ISIL). The General Directorate for Survivors’ Affairs has already taken steps to create and implement this rehabilitation program – a vital initiative that C4JR pledges to support.
Recent research led by Dr. Jan Ilhan Kizilhan highlights a troubling increase in suicide rates among Yazidis, underscoring the dire need for robust mental health support and rehabilitation services. The psychological trauma resulting from genocide, sexual enslavement, and displacement continues to devastate survivors’ lives, leading to severe mental health issues including PTSD and depression. Dr. Kizilhan’s study, published in Frontiers in Psychology – a multidisciplinary journal that publishes advances in psychological research – specifically points to a high prevalence of suicide among Yazidi survivors, indicating an urgent need for enhanced rehabilitation services to address these critical mental health challenges.
C4JR’s Rehabilitation Working Group has been diligently working on creating a set of human rights indicators to facilitate and evaluate the process of establishing a holistic state-sponsored rehabilitation system. It also provided an input to the UN Special Rapporteur on Torture highlighting rehabilitation needs of ISIL committed wartime sexual torture survivors. These efforts are aimed at ensuring that rehabilitation services meet international standards and effectively address the complex needs of the survivors.
On 12 June, 2024, C4JR held an event in Erbil to mark the launch of a new guide for using human rights indicators to monitor the implementation and realisation of the right to rehabilitation for survivors of ISIL crimes in Iraq, as guaranteed under the YSL. This latest report, “Right to Rehabilitation as Reparation for Survivors of Grave Human Rights Violations,” was produced by C4JR, the Jiyan Foundation for Human Rights, and the International Centre for Health and Human Rights (ICHHR), and the event provided a much-needed opportunity to discuss this work.
The launch event was designed to bring together diverse actors, including UN Special Rapporteur on Torture Dr. Alice Edwards who provided keynote remarks, to mobilise shared commitment to supporting effective implementation of the YSL. The collaborative efforts and shared insights underscored the commitment to providing rehabilitation for survivors of ISIL crimes.
In light of the increasing mental health crisis among Yazidis, highlighted by Dr. Kizilhan’s research, it is imperative that the Iraqi government, civil society organisations and international community work together to put in place a sustainable quality rehabilitation system. Such a system should provide comprehensive mental health care, social support, and economic opportunities to help survivors rebuild their lives.
“Research has shown that the rates of suicidal thoughts and PTSD are high among survivors,” says Suzan Mohammed Hassen, a member of C4JR’s Rehabilitation Working Group. “This indicates that survivors still need support.” Suzan has published research in the International Journal of Social Psychiatry on post-traumatic stress disorder and gender among the Yazidi population after the traumatic events caused by ISIL, which found a statistically significant association between gender with trauma and PTSD.
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STATES MUST STRENGTHEN THEIR COMMITMENT TO ENDING TORTURE
26 June 2024 — On the International Day in Support of Victims of Torture, the United Against Torture Consortium calls on States to defend the progress made in the last decades in upholding human dignity by showing a greater commitment to ending torture worldwide.
Since its adoption almost 40 years ago, the UN Convention against Torture has provided a blueprint for States to make the global ban on torture and other ill-treatment a reality by establishing a set of measures, enshrined in law, designed to prevent this abhorrent practice, punish perpetrators, and provide justice and reparation, including rehabilitation, to victims.
Eradicating torture requires a collective effort involving survivors, civil society organisations, human rights defenders, and others globally. It also calls for greater synergies between international and regional human rights protection mechanisms. The stakes are too high, and those who defend human rights face significant obstacles, including abuses themselves.
A broad legal consensus exists today on the absolute ban on torture, and systems of protection have become more robust, but torture and other forms of ill-treatment are far from being eradicated. These inhumane practices remain prevalent in a wide range of contexts, including in armed conflict; prisons and other places of detention, such as police stations; hospital and social care settings, as well as during protests. They disproportionately impact marginalised communities and persons.
Widespread impunity and states’ failure to implement the existing international law and standards on the absolute prohibition of torture remain major obstacles to eradicating these practices. There are currently more armed conflicts than at any other time since 1945, and torture is a feature of many of them, including sexual torture. Worrying recent examples concern the use of torture by state and non-state actors in the ongoing conflicts in Sudan, Israel/Occupied Palestinian Territories, and Ukraine.
In recent years, we have also witnessed excessive force used against political dissenters and others who have taken to the streets to protest on issues ranging from rising living costs, human rights abuses or climate change in numerous countries who have ratified the Convention, including Georgia, Belarus, Bangladesh, Myanmar, France, the US, Egypt, Sudan, Colombia, and Venezuela.
Despite these challenges, we have also seen positive developments, including torture survivors achieving justice and holding their perpetrators accountable. Among them are the case brought by 36 Maya Achi women in Guatemala for the sexual violence they suffered during the internal conflict, which resulted in the conviction of five perpetrators of these abuses; a historic case concerning state-sponsored torture in Syria, where a high-ranking Syrian official was tried and convicted for crimes against humanity in Germany under the principle of universal jurisdiction, or the first-ever decision on gender-based violence against a human rights defender by a UN women’s rights body concerning a victim of torture from Libya.
Positive trends also include a significant number of States ratifying the Optional Protocol to the Convention against Torture, enabling the independent monitoring of places where people are deprived of liberty; the significant steps taken to promote and implement the Méndez Principles on Effective Interviewing, which offer guidance on obtaining reliable information, while protecting human rights during criminal investigations and other information gathering processes, the Model Protocol for Law Enforcement Officials to Promote and Protect Human Rights in the Context of
Peaceful protests, and the updated Istanbul Protocol, which fortifies the implementation of international norms and preventive tools to assist survivors worldwide. As members of the Torture-Free Trade Network, we are encouraged by the level of support for a Torture-Free Trade Treaty from civil society organisations and others, including the UN Special Rapporteur on Torture; We call on states to engage with the UN process to develop a binding treaty to address the torture trade.
As we mark the 40th anniversary of the UN Convention against Torture, we pay tribute to all victims and survivors. Their strength and courage have been instrumental in giving teeth to the Convention, and in allowing justice, reparation, and measures to prevent recurrence to flourish.
Our organisations would also like to recognize and commend all individuals and civil society organisations, including grassroots movements, human rights defenders, and community leaders, who have bravely stood up against torture and other ill-treatment over the last four decades. Amidst threats and instigation, the anti-torture movement remains a steadfast force for upholding the spirit, principles and obligations enshrined in the Convention.
Any deviation from the absolute prohibition of torture undermines the fundamental values of justice and human dignity, damaging the very fabric of society and eroding trust in the institutions and the rule of law. Let us all stand together with survivors and act against this practice. States should demonstrate that they have zero tolerance for torture by implementing the Convention against Torture also in practice. Achieving this requires a holistic approach, from prevention to prevention, reparation, and rehabilitation, with the active involvement of survivors and civil society.
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