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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Identification of clans and tribes. 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. Programmes. 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. The Committee requests the Government to indicate 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.

Article 11. Right to ownership. The Committee once again requests the Government to identify 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 main forms 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 Committee requests the Government to indicate 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 requested the Government to provide updated information on the impact that the implementation of the social protection system has had on the clans and tribes concerned as well as the services provided. The Government indicates that the Women’s Social Protection Directorate of the Ministry of Labour and Social Affairs provides social and vocational programmes to help develop the skills and capacities of women to enable them to acquire the expertise to generate an income in addition to the social assistance they receive. The Government also informs that the major problem facing this segment of the female population is the clan and tribal customs and traditions, which prevent them from accessing key services, including education and vocational training courses. The Committee requests the Government to provide further information on special vocational training programmes that have been established for the populations concerned and whether their handicrafts and rural industries have been encouraged as factors in their economic development. Please provide information on measures taken to address the specific needs of women.

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received in March 2012 in which it reiterates its intention to effectively apply the Convention. The Committee refers to its seven comments formulated since the ratification of the Convention in 1986. It hopes that the Government will be in a position to provide in 2013 a detailed report containing indications on the various points raised regarding the following Articles of the Convention.

Part I. General policy. Article 1(a) of the Convention. The Government reiterates that there are no differences between indigenous and tribal peoples in Iraq; both populations are to be considered of the same Iraqi origin. It states that the problem of discrimination does not exist in the country. The Labour Code provides for the conditions of employment of all categories of workers in Iraq (Article 15 of the Convention). The Committee also notes the Government’s indication that all parts of the population are considered to be of the same Iraqi origin. It notes that article 43 of the Constitution reads as follows: “The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights.” The Committee requests the Government to identify the clans and tribes which correspond to the criteria set out in the Iraqi Constitution and in the Convention. Please also indicate the measures taken to promote their advancement, in practice, in accordance with the Iraqi Constitution and the provisions of the Convention.

Articles 2, 6 and 27. The Committee recalls that, under these Articles of the Convention, the Government should establish coordinated and systematic programmes for the populations concerned in so far as it is necessary. It invites the Government to indicate in its next report whether such programmes have been drawn up. It also invites the Government to supply detailed 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.

Articles 7, 8, 9 and 10. The Committee recalls that, pursuant to these Articles of 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 application of preventive detention. Please indicate the measures envisaged in this respect.

Part II. Land. Article 11. The Government indicates that the Iraqi legislation contains provisions in conformity with this Article. The Committee invites the Government to identify the regions where the right of ownership of land, collective or individual, of the members of the populations concerned has been recognized and the populations concerned benefiting from them. 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. The Government indicates that the Iraqi Constitution prohibits that the population be removed from their habitual lands and reinstated in regions to which they do not belong. The Committee invites the Government to specify the provisions of the national legislation which ensure that the populations concerned may not be removed from their habitual territories without free consent. Please also give particulars of the 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 compensation.

Part IV. Vocational training, handicrafts and rural industries. Articles 16 to 18. Please indicate whether special vocational training programmes have been established for the populations concerned and whether their handicrafts and rural industries have been encouraged as factors in their economic development.

Part V. Social security and health. Article 19. Please indicate whether the social security scheme applies to members of the populations concerned, other than wage earners.

Article 20. Please provide 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.

Part VI. Education and means of communication. Articles 21 to 26. Please indicate the number and type 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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1and 2 of the Convention. The Committee notes the Government’s indication that all parts of the population are considered to be of the same Iraqi origin. The Government also states that Iraq pursues comprehensive national policies covering the entire population, taking into account local particularities, in accordance with the Constitution. The Committee notes that article 43 of the Constitution reads as follows: “The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights.” The Committee requests the Government to identify the tribal groups which correspond to the criteria set out in Article 1(a) of the Convention, and to provide information on the measures taken to promote their advancement, in accordance with the Constitution and the provisions of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes from the Government’s report in reply to its previous comment that those covered by the Convention in Iraq are a specific group of nomadic Bedouins, and that the State has taken the necessary measures to provide social, cultural, educational and health services with a view to integrating them into society. The Committee requests the Government to indicate the numbers of such people, and their present living situation, and to provide details of the programmes carried out concerning them.

2.  As concerns the populations of the southern marsh regions, the Government has indicated that they are not covered by the Convention. The Committee recalls that the United Nations Special Rapporteur on the Situation of Human Rights in Iraq on several occasions characterized them as being indigenous or tribal populations. It requests the Government to indicate in its next report the characteristics that exclude these populations from the Convention’s coverage, as stated in Article 1 of the Convention. The Committee also notes the report of the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/1999/37, 55th Session, at paragraphs 11-19) regarding grave violations of human rights being committed by the Government of Iraq against the populations of the southern marsh area, including military attacks against civilian settlements and expresses its concern at these reports.

3.  To the extent that they may be covered by the Convention, the Committee notes the explanations in the report of the benefits conferred on them by the Third River project, which the Government indicates is having a salutary effect on the environment and has received the support of the inhabitants of the region. Recalling that the project entails draining the marshes in which these groups live, the Committee 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.

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

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.

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

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government states in its report that it has forwarded all available information on the application of the Convention. It notes with interest that the Government is in the process of examining Convention No. 169 respecting indigenous and tribal peoples with a view to ratifying it. Lastly, it notes the Government's statement that the nomad population represents a very small percentage of Iraqi society.

The Committee has also taken note of the information supplied by the FAO concerning the application of the Convention by Iraq.

With reference to its earlier comments, and in view of the policy of assimilation of the populations concerned, to which the Government referred at various stages in its previous report, and since there are various nomad populations in the country, which the Government recognises, as well as other minority populations, the Committee hopes that the Government will be in a position to provide more detailed information on the various points that it raised regarding the following Articles of the Convention.

Article 1 of the Convention. Please supply detailed information on the number of nomadic Bedouin groups and state whether other minority populations in the country 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 recalls that, under these Articles of the Convention, the Government should establish co-ordinated and systematic programmes for the populations concerned in so far as it is necessary. Please indicate whether such programmes have been drawn up.

Article 5. Please state whether the populations concerned were consulted when the programmes to settle Bedouin populations were adopted and indicate the way in which they are implemented.

Articles 7, 8, 9 and 10. The Committee recalls that, pursuant to these Articles of 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 application of preventive detention. Please indicate the measures envisaged in this respect.

Articles 16 to 18. Please indicate whether special vocational training programmes have been established for the populations concerned and whether their handicrafts and rural industries have been encouraged as factors in their economic development.

Article 19. Please indicate whether the social security scheme applies to members of the populations concerned, other than employees.

Article 20. Please provide 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. Please indicate the number and type 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. Please indicate also the minorities that receive instruction in their mother tongue.

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

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.