Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

1. The Committee notes the statement in the Government's report that it does not consider that the populations of the southern marsh area of the country are covered by the Convention. The Committee recalls that the United Nations Special Rapporteur on Human Rights in Iraq has described them as tribal or indigenous populations which are covered by Convention No. 107 as well as by Article 27 of the International Covenant on Civil and Political Rights. The Committee would be grateful if the Government would provide further information on these tribal populations, as it would appear from the information available that these populations: (a) have a tribal social organization; (b) have less advanced economic conditions than the rest of the national population; and (c) live to a great degree in accordance with their own customs and traditions (Article 1, paragraph 1(a), of the Convention).

2. Articles 6 and 11 to 14. The Committee notes the explanations provided by the Government, in which it reports the beneficial influence of the "Third River" project, which is draining the marshes in which the groups mentioned above live. To the degree to which these groups are covered by the Convention, the Committee remains concerned about the application of Article 12, and again requests the Government to provide information on the manner in which protection against displacement from their traditional lands is provided, and how they are compensated for their lost lands.