Annual Report on Human Rights and Democracy in the World 2016
الاثنين 16\10\2017. التقرير الأوروبي السنوي لعام2016 عن حالة حقوق الإنسان والديموقراطية في العالم
المقبس هنا بشأن الجمهورية العراقية ص ص 179 – 181 مع نص التقرير كاملا في الرابط أسفل النص
- Arabian Peninsula…………………….. 172
Republic of Iraq / PP 179-181
Republic of Iraq
In 2016 the overall situation in the country remained marked by a critical human rights situation and challenges related to the war against ISIL/Da’esh and the humanitarian emergency. The situation of ethnic and religious minorities was critical.
The EU’s human rights policy in Iraq focuses on the protection of civilians during and after the conflict, the protection of ethnic/religious minorities, national and social reconciliation, the independence of the Iraqi Human Rights Commission and gender-based violence. The EU regularly renews its calls on Iraq to sign the Rome Statute and accede to the International Criminal Court (ICC) and to accede and implement Additional Protocol II to the Geneva Conventions, reinforcing the full application of IHL by the Iraqi authorities and affiliated forces. Throughout the year, the EU continued to support Prime Minister al-Abadi in the implementation of his reform programme addressing widespread corruption and deficient public service delivery. It called on the government to reach out to all components of Iraqi
society and to make progress on national reconciliation.
There are various human rights problems, especially in relation to forced disappearances, the impeded or forced return of internally displaced persons (IDPs) and the destruction of their property, forced evictions, including on sectarian basis, and denial of freedom of movement and forced encampment of families allegedly affiliated to ISIL/Da’esh. Furthermore, lack of due process and fair trial standards, conflict-related sexual violence as well as child soldier recruitment are common. Violations in security screening of male IDPs, including minors, are a particularly critical issue. Torture remains widespread in police detention centres, interrogation cells and prisons. Journalists have been harassed and killed, particularly in ISIL/ Da’esh controlled areas. Accusations of corruption are frequent and impunity is prevalent.
The lack of government transparency and lack of access made it difficult to assess the magnitude of many reported human rights problems.
The Iraqi government has engaged in the protection of civilians in the military campaign to retake areas from ISIL/Da’esh, especially in East Mosul. During this first phase of the campaign, artillery strikes were limited and major efforts were made to protect civilians in their homes.
Differently from previous battles, thanks to abidance to the Mosul Humanitarian Concept of Operations, the overwhelming majority of civilians, 550 000 people, could safely stay in their homes, rather than fleeing (this would change in West Mosul campaign). The adoption of the Amnesty Law and the law banning the Baath party in September 2016, as well as the Law on the Popular Mobilisation Forces in December 2016, can be seen as steps in the right direction.
In their May 2016 Council Conclusions77, the Foreign Affairs Ministers strongly condemned the continued gross, systematic and widespread human rights abuses and violations carried out by ISIL/Da’esh and called for the perpetrators to be held accountable.
- Council conclusions on the EU Regional Strategy for Syria and Iraq as well as the Da’esh threat, 9105/16, 23
May 2016 and Council conclusions on Syria, 17 October 2016 180 EU Annual Report on Human Rights and Democracy in the World in 2016
They also insisted on the need for parties to the conflict to comply with international law, including humanitarian and human rights law, both during and, where applicable, after the conduct of hostilities; that security screening procedures must comply with national and international law, and camps must maintain their humanitarian and civilian character.
The EU also insisted that returns of IDPs must be enabled in a safe, informed, voluntary and nondiscriminatory way, in line with international protection standards.
On 27 October 2016, the European Parliament adopted a Resolution on the situation in northern Iraq/Mosul78. The EP also held an urgency debate on mass graves in Iraq, condemning the atrocities committed by ISIL/Da’esh. In 2016, the Sakharov Prize was awarded to two Yezidi women who were survivors of ISIL/Da’esh enslavement. Several MEPs visited northern Iraq.
On 16 March 2016 the Cooperation Committee, under the umbrella of the EU-Iraq Partnership and Cooperation Agreement (PCA), took place in Baghdad. The discussion on human rights/ democracy touched upon mass graves, war crimes and sexual violence.
The EU Delegation has been chairing and organising monthly meetings of the EU Human Rights Working Group in both Baghdad and Erbil. The annual meeting of the EU Delegation with human rights defenders took place in March 2016. The EU Delegation is also engaging in a variety of cultural activities.
The EU has not hesitated to voice concerns through statements and common outreaches. The HRVP spokesperson issued regular public statements on ISIL/Da’esh’s attacks on civilians.
The EU Delegation published several statements, e.g. on media freedom, the political crisis and the adoption of the Amnesty Law. Demarches on the death penalty and the safety of journalists were undertaken by the EU Delegation in Baghdad.
In 2016, the EU continued to provide financial support to projects funded through the Development Cooperation Instrument (DCI), the EU Trust Fund in response to the Syrian crisis (‘Madad’), the Instrument contributing to Stability and Peace (IcSP), the European Instrument for Democracy and Human Rights (EIDHR), Civil Society Organisations and Local Authorities (CSO-LA) and European Resources for Mediation Support (ERMES).
Human rights-related projects focused on:
(a) reconciliation: support for dialogue, conflict reduction between IDPs and host communities, concerns related to missing persons and sectarian violence, the protection of cultural heritage and diversity;
(b) education: capacity building for primary and secondary education;
(c) local governance: decentralisation;
(d) security: criminal justice and the rule of law, developing human rights-compliant counter-terrorism legislation.
The EU supported humanitarian partners in Iraq with over EUR 159 million in 2016, targeting its principled, strategic, multi-sector humanitarian support for all populations most affected by the conflict, on the basis of needs only.
78.European Parliament resolution of 27 October 2016 on the situation in Northern Iraq/Mosul (2016/2956(RSP)) 181 EU Annual Report on Human Rights and Democracy in the World in 2016
Protection of civilians during and after the conduct of hostilities was at the core of the EU’s support and focus in the country and humanitarian advocacy was constantly conducted, calling on all parties to the conflict to respect international humanitarian law (IHL) and international human rights law (IHRL). In this context, the European Commissioner for Humanitarian Aid and Civil Protection, Christos Stylianides, issued public statements and co-hosted a High Level Event on Iraq in the margins of UNGA, focusing on concrete measures for the protection of civilians in all military operations in Iraq and, especially, Mosul. Working Party on Humanitarian Aid and Food Aid (COHAFA) Common Messages were also promoted on the humanitarian crisis in Iraq, focusing on protection of civilians and respect of IHL, agreed by COHAFA in October (13388/16). Consistent messages were passed during several high level missions to the country, including Commissioner Stylianides’ visit in July 2016.
Iraq is party to a number of international human rights conventions and many have not yet been ratified. The following fundamental treaties have yet not been acceded to: the 1951 UN Convention relating to the Status of Refugees, and the Convention on the Non-Applicability of Statutory Limitations to War Crimes. In addition, Iraq has not signed the Optional Protocols to the CAT and the CEDAW regarding complaint procedures, nor has it acceded to the Statute of the International Criminal Court (ICC).