Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(a) of the Convention. Identification of clans and tribes. The Committee notes the Government’s report received in October 2013 containing detailed replies in relation to the 2012 direct request. The Government indicates that there are no differences between the different tribes and clans (al-‘ashaa’ir wal-qabaa’il) of Iraq as they are all of Iraqi origin. It further explains that section 43 of the Iraqi Constitution “is an expression of a direction adopted by Iraq to enable mutual cooperation between the tribes and clans in order to resolve social problems or any problems in association with human rights”. The Committee requests the Government to provide an overview of the main tribes and clans which correspond to the criteria set out in the Convention, including in particular those tribes and clans whose social and economic conditions are at a less advanced stage than the stage reached by the other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations.

Articles 2, 6 and 27. Coordinated and systematic action. The Committee recalls that, under these provisions of the Convention, the Government should establish coordinated and systematic programmes for the populations concerned in so far as it is necessary. Noting that the Government has provided information on programmes benefiting the population as a whole, including the different tribes and clans, the Committee requests the Government to indicate in its next report whether any programmes or projects of economic development have been drawn up or undertaken to specifically benefit the clans and tribes within the meaning of the Convention.

Articles 3 to 5. Social, economic and cultural conditions. The Committee notes the Government’s statement indicating that the Constitution and laws of Iraq guarantee equal rights and duties to all citizens, and that there are no social and economic conditions that hinder any category of the population from enjoying the rights specified in the laws. The Committee invites the Government to indicate in its next report any steps taken to provide the clans and tribes of Iraq with opportunities for the full development of their initiative and to stimulate their participation in elective institutions.

Articles 7 to 10. Customary laws. The Government indicates in its report that the Ministry of Justice and the Ministry of Human Rights were invited to provide their observations in regard of these provisions of the Convention. The Committee recalls that according to the Convention measures should be taken to ensure that the customary laws of the populations concerned and their methods of social control should be taken into account in defining the rights and duties of these populations and that their members enjoy specific protection against the improper application of preventive detention. The Committee requests the Government to provide in its next report the content of any observations received from the Ministry of Justice and the Ministry of Human Rights, and the measures envisaged in respect to the issues mentioned above.

Article 11. Right to ownership. The Government indicates in its report that the Ministry of Agriculture was invited to provide its observations in regard of these provisions of the Convention. The Committee requests the Government to identify in its next report the regions where the right of ownership of land, collective or individual, of the members of the clans and tribes concerned has been recognized and where the populations concerned benefit from such right. In the case of collective ownership, please indicate the principal forms in which the rights recognized by law are exercised. In the case of individual ownership, please indicate whether there is any common use of land (e.g., cooperative farming) and the legal basis for it.

Articles 12 to 14. Land. The Government indicates in its report that the Ministry of Human Rights was invited to provide its observations regarding these provisions of the Convention. The Committee invites the Government to specify in its next report the provisions of the national legislation which ensure that the clans and tribes concerned may not be removed from their habitual territories without free consent. Please also provide particulars of any cases in which populations concerned have been removed from their habitual territories, including the grounds of removal and the terms of their settlement or resettlement, and/or provisions made for their compensation.

Articles 16 to 18. Vocational training, handicrafts and rural industries. The Committee notes the detailed information provided by the Government on the strategy regarding training, technical and vocational education institutions prepared by the Ministry of Higher Education, which includes the entire population of the country. The Committee requests the Government to provide further indications on the impact that the programmes implemented have had on the standard of living of the clans and tribes concerned.

Articles 19 to 20. The Committee notes the detailed statistical data provided by the Government on the social protection network system established at the end of 2005 in order to benefit all categories of the population who have suffered during the economic blockade, the repercussions of the war, the worsening of the security situation and forced migration. It also takes note of the data and information provided on the measures implemented by the Ministry of Health, including the provision of primary health care services to the poor, and to the general population, especially to the clans and tribes concerned. Furthermore, the Committee notes that mobile clinics were planned to be established in the health departments of the seven most deprived governorates. The Committee requests the Government to provide updated indications on the impact that the implementation of the social protection network system has had on the clans and tribes concerned, and on the extent and type of health services that are specifically suited to the needs of the clans and tribes. With regard to the abovementioned mobile clinics, please provide information on the regions in which they operate, the type and number of their staff, as well as the number of their beneficiaries, especially the clans and tribes concerned.

Articles 21 to 26. Education and means of communication. The Committee notes the detailed statistical compilation (2010–11) provided by the Central Statistical Organization regarding primary and secondary schools, as well as vocational education and training institutes. It also notes that that the Ministry of Education was invited to provide its observations regarding these provisions of the Convention. The Committee requests the Government to provide updated information on the number and type of schools and the number of teachers in regions inhabited by clans and tribes within the meaning of the Convention, and/or which are specifically dedicated to the needs of tribal populations, as well as the number of pupils/students who are members of such clans and tribes and are enrolled in or benefit from these schools.