Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Iraq (Ratification: 1986)

The Committee notes the Government's first report. It considers that the information supplied does not make it possible to fully evaluate the extent to which the Convention is applied and it therefore requests the Government to supply fuller information on the points set out below.

The Committee wishes to refer to the policy of the assimilation of the populations concerned to which the Government refers at various stages in its report. The Committee would be grateful if the Government would supply information on the measures that have been adopted or are envisaged to protect the institutions, religions and cultures of the populations concerned, in accordance with Articles 3, 4 and 5 of the Convention.

Article 1. The Committee notes the existence, according to the Government's report, of a small group of nomadic bedouin. It requests the Government to indicate the size of this group and the regions it inhabits. The Committee requests the Government to supply detailed information on the number of such groups of nomadic bedouins, and those that have become settled, the regions in which they live, their social, linguistic, cultural and religious characteristics and their habits and customs which differentiate them from other members of the national society.

The Committee also notes, partly from the information supplied by the Government in its report under Articles 21 to 26, but also from other sources, the existence of other minority populations in the country. It would be grateful if the Government would indicate whether one or several of these groups have a tribal or semi-tribal social structure and whether the Government considers that they are covered by the Convention.

Articles 2, 6 and 27. The Committee notes that, according to the Government, there are no special programmes established respecting the populations concerned and that these benefit from the programmes established for all the other groups in the country. However, the Committee points out that, under these Articles of the Convention, the Government should establish co-ordinated and systematic programmes for these populations in so far as is necessary. The Committee therefore requests the Government to indicate whether such programmes have been drawn up.

Article 5. The Committee requests the Government to indicate the steps that have been taken to ensure that the populations concerned are associated in an effective manner in the application of the provisions of the Convention. It notes in particular that the Government refers in its report to programmes to settle bedouin populations. It requests the Government to indicate whether consultations were held with these groups regarding the wishes of the groups concerned in relation to these programmes and on the ways of implementing the programmes.

Articles 7, 8, 9 and 10. The Government indicates, when it refers to these Articles, that in view of the assimilation of the populations concerned, the legal system in force in the country is applicable to these populations and that their customary laws have not been taken up in the national legislation. The Committee points out that, under these Articles of the Convention, measures should be taken to take into account the customary laws of the populations concerned and their methods of social control when defining the rights and duties of the populations and to ensure that their members enjoy specific protection against the application of preventive detention. It therefore requests the Government to indicate the measures that are envisaged in this respect.

Articles 11 to 14. The Committee notes the information supplied by the Government concerning the lands of the populations concerned and the land rights that are in force in the country. It requests the Government to supply more detailed information on the regions in which private property or collective property is predominant in these groups, on the procedures laid down by the law respecting the exercise of the right of ownership in the event of collective ownership and on whether the lands are enjoyed in common (co-operative cultivation, for example) in the event of individual ownership (Article 11). The Committee notes that, according to the Government's report, there have been cases in which these populations have been removed. Please supply information on the circumstances of these cases and state whether the consent of the populations concerned is sought before removal takes place. Please indicate the cases in which these populations may be removed and the grounds for removal (Article 12). The Committee also requests the Government to indicate whether the procedures for the transmission of rights of ownership have taken into account the customary procedures for the transmission of rights of ownership and use of land and whether these satisfy the needs of the populations concerned (Article 13). Finally, the Committee requests the Government to indicate the measures that have been taken or are envisaged to prevent persons who are not members of the populations concerned from taking advantage of their customs or lack of understanding of the laws to secure the ownership or use of the lands belonging to these populations (Article 14). It also requests the Government to supply more detailed information on the national agrarian programmes introduced to guarantee the populations concerned equivalent conditions to those enjoyed by other sectors of the national population.

Articles 16 to 18. The Committee notes the information supplied by the Government concerning the vocational training programmes existing in the country. It requests the Government to indicate whether special vocational training programmes have been set up for these populations and whether the handicrafts and rural industries of the populations concerned have been encouraged as factors in the economic development of the populations concerned.

Article 19. The Committee requests the Government to indicate whether the social security scheme applies to members of the populations concerned, other than employees.

Article 20. The Committee requests the Government to supply more detailed information on the number and type of health services that are suited to the needs of the populations concerned, the regions in which they operate, their staff and the number of beneficiaries.

Articles 21 to 26. The Committee notes the information supplied by the Government concerning the education and means of information made available to the populations concerned. It requests the Government to indicate the number and kind of schools, the number of teachers, the regions in which the schools operate for the populations concerned and the number of pupils who are members of the populations that benefit from them. The Committee notes that, according to the report, the State has permitted certain minorities in the population to receive instruction in their mother tongue and has recognised the cultural rights of these populations. The Committee requests the Government to indicate the minorities to which these opportunites have been provided and the regions that they inhabit.