Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

1. The Committee notes the information contained in the Government's report, and would be grateful for further information on the following points.

2. Article 1 of the Convention. The Committee previously requested information on the number of nomadic Bedouin groups and other minority populations in the country which might be covered by the Convention. The Government has stated in reply that a very small group of nomadic populations once existed, but that this situation has now disappeared because of measures taken by the State to assure their stability, to furnish them lodgings and other social, cultural, educational and health services, and to assimilate them to society. It has indicated as well that all citizens are protected equally by the country's laws.

3. The Committee notes in this connection part two of the interim report on the situation of human rights in Iraq prepared by the Special Rapporteur of the Commission on Human Rights, contained in UN document A/47/367/Add.1 of 13 November 1992. In discussing the southern marsh area of the country (Al-Ahwar), the Special Rapporteur describes those who live there as tribal or indigenous populations who are covered by Article 27 of the International Covenant on Civil and Political Rights, and by Convention No. 107. The Committee hopes that the Government will indicate in its next report the extent to which it considers that the Convention is indeed applicable to these populations, and to any special measures taken in their regard within the Convention's framework.

4. Articles 6 and 11 to 14. The Committee recalls that Article 6 of the Convention provides that the improvement of the conditions of life and work of the populations covered by the Convention should be given high priority in plans for the overall economic development of the areas they inhabit, within a framework of the Government's responsibility for developing action for the protection of these populations and their progressive integration; and that Articles 11 to 14 provide for land rights. It notes in this connection the references in the report of the Special Rapporteur mentioned above, to the so-called "Third River project" taking place in the regions inhabited by these groups. Under this project, a waterway is being created, which will drain the marshes and alter the ecology and other special features of this region, thus destroying the way of life of the populations who have lived there for - it is said - some 5,000 years. There are also serious allegations of armed attacks, bombing and other acts committed against these groups by the Government's armed forces.

5. The Committee therefore requests the Government to supply detailed information in its next report on the situation in this region, on any consultations held with the representatives of these populations before launching development projects which affect their economic system and way of life, and on their land rights as affected by this project. Please also provide information on the manner in which the protection against displacement from their traditional lands, which is provided for in Article 12, is being assured. Finally, please indicate how many people are being affected by this project, whether by displacement from their traditional lands or otherwise.