Monday, May 29, 2006
UN RhetIraq: Iraq Human Rights Report - Mar 1 - Apr 30, 2006
Who: UN Assistance Mission for Iraq
Source: UN Assistance Mission for Iraq (Word File)
Quotes: From report titled, "Human Rights Report; 1 March –30 April 2006"
Summary
The enjoyment of human rights in Iraq continued to be severely undermined by growing insecurity, high levels of violence and a break down in law and order resulting from the action of militias and criminal gangs. The right to life continued to be severely affected by the ongoing insurgency, terrorist attacks as well as by revenge killings and action by armed groups. Women, children and professionals, including academics and judges, were increasingly targeted by the on-going violence.
Especially after the 22 February bombing against the Al Askari shrine in Samarra, sectarian killings, intimidations and threats have become one of the most significant forms of human rights violation. As a result, the number of internally displaced persons has increased considerably, affecting many communities and creating further tensions and socio-economic problems.
On-going military operations, especially in western and central Iraq, have also severely affected the enjoyment of human rights and have resulted, at times, in the loss of life of civilians.
Efforts in the rule of law sector aimed at establishing an independent national human rights commission have met broad support from the Iraqi ministries concerned and the judiciary, donor countries and UN agencies and programs. However, delays in government formation have put on hold required urgent action, especially with respect to internal regulations and accountability systems in the administration of justice, notably within the police.
PROTECTION
Situation of human rights
Extra-judicial executions, targeted and indiscriminate killings
The Government has not made available precise figures regarding the number of civilian casualties. However, hundreds of civilians are reported killed or wounded weekly, including women and children, as targeted or unintended victims of violent attacks. The Medico Legal Institute in Baghdad issued 1,294 death certificates in March and 1,155 in April. Most of those bodies, who include only individuals who have not been identified or whose death is violent or suspect, died as a result of shot wounds.
Targeted assassinations continued to take place aiming at politicians, members of the public administration including police, army and judges, professionals and those perceived to be associated with the Multinational Forces (MNF), affecting also the functioning of key institutions, such as the judiciary.
Particularly disturbing is also the recent spike in assassinations of politicians’ relatives. On 13 April, Mr. Mahmoud Ahmed al-Hashemi, brother of Mr. Tariq al-Hashemi, was also killed by unknown gunmen in the centre of Baghdad. On 17 April, the body of Mr. Taha Mutlaq, brother of the Mr. Saleh Mutlaq, General Secretary of the National Dialogue Front, was found dead in Western Baghdad. Mr. Mutlaq had been kidnapped by unidentified persons in later March 2006. He had been reportedly shot several times and appeared to have been tortured before he was killed. On 27 April, Ms. Maysoon Ahmed Al Hashimi, sister of Mr. Tariq Al Hashimi, leader of the Iraqi Islamic Party and appointed Vice-President of Iraq, was killed with her driver outside her home in Hay Al- Ilaam, an area in Al Saidyia neighbourhood in Baghdad.
Sectarian violence
Increased efforts need to be undertaken by the Government of Iraq, political parties, religious and tribal leaders and civil society to bridge the sectarian divide in the country, which was dangerously fomented following the 22 February 2006 bombing in Samarra. Civilians continued to be targeted by terrorist attacks or killed as unintended victims by insurgent, militia or criminal activities. HRO received numerous documents and testimonies indicating that Shi’a and Sunni civilians are being intimidated, threatened or killed in order to cause their displacement. HRO has also received credible and consistent reports of summary or extrajudicial executions that have taken place only on the basis of the victim’s name. As a result, Iraqis are reportedly resorting to changing their names in order to avoid being identified as belonging to any particular community.
Numerous terrorist attacks killed and maimed civilians and targeted also cultural symbols, mosques and churches of different denominations, with the clear intent of fomenting sectarian animosity.
On 13 and 14 April, HRO recorded an alarming increase in violence in Basra. Over 40 people were reported killed, half of whom were said to be members of the Basra Sunni community. In the morning of 13 April, the Basra-based construction company “Al Fayhaa” was raided by armed men wearing Iraqi police uniforms and driving the same type of vehicles used by the Iraqi police. Sunni and Shi'a employees were apparently separated and seven Sunni were summarily executed. Their killing was interpreted by the construction company as a retribution for their company’s earlier association with the Ba’ath party.
Human Rights Defenders
Criminal actions have also affected human rights defenders. Dr. Ahmed Al-Mosawi, the head of the Iraqi Human Rights Society and well known national personality, was kidnapped on 6 March from the headquarters of his organization. On 22 March, 49 non-governmental organizations issued a press release demanding his immediate release. However, no information regarding his whereabouts has been received so far.
In Diyala activists working through NGOs are afraid to hold activities because of the multiplication of security incidents in April. During the first half of April, Mr. Zuhair Yaseen member of the Prisoners of War Organization was assassinated in front of his home in Baquba and another member was injured in the same incident. Around the same time, Mr. Mehdi Mchaitheer Al-Azawi, Director of Association of Disabled Females was assassinated by an armed group in front of his home.
Military operations
In Baghdad and central areas of the country, where military operations have continued by the MNF and Iraqi forces, severe disruption to civilian life continues to take place. In Ramadi, where clashes are reported daily between insurgents and Iraqi and MNF, civilian casualties, damage to civilian property and extreme hardship to civilians are commonplace also due to the actions of the insurgency and the resulting use of force by the military. In the outskirts of Al-Iss Haqi District in Balad (Salah-El-Din Governorate), during the early morning of 15 March, an MNF raid caused the death of several civilians, including women and children. The MNF has announced that it is investigating the incident. Medical and other sources from Ramadi reported that 11 civilians, including children, were killed in the city following aerial bombings on 22 April. HRO could not independently verify this allegation.
In March, the MNF announced that they were opening an inquiry into the incidents occurred in November 2005 in western town of Haditha. Residents accused US marines of killing 15 civilians after a marine was killed by a roadside bomb. The MNF had originally reported that the civilians had been killed by the bomb blast but a film produced by a local NGO suggested that the civilians died of gunfire and in their homes.
Indiscriminate attacks against civilians
The United Nations utterly condemns all attacks against civilians and civilian infrastructure. Such attacks are not only illegal under international humanitarian law but also create unnecessary suffering for the civilian population.
RULE OF LAW
Behaviour of security forces
HRO continues to receive reports of kidnappings and killings carried out by militias, alone or allegedly in association with forces of the Ministry of Interior. Most of the cases relate to actions by armed individuals wearing black clothes abducting young men, who are executed and then left at the morgue or on the streets. Some of the extra-judicial executions are said to be a form of “setting of scores” or revenge killings.
A new brand of violence has emerged, a mix of organized crime and sectarian killings, increasingly attacking businesses. Gunmen often wearing police uniforms have stormed numerous businesses since the beginning of March resulting in of workers being kidnapped or killed and money being stolen.
Militias
As previously reported, the actions of militias, armed and vigilante groups, and their alleged implication in human rights violations, remain a cause of great concern. Reports indicate that such groups have increased their activity in central and southern areas of the country. Allegations that sectors of the new security forces have been infiltrated by militias responding to parallel structures have continued to be voiced by Iraqi NGOs, politicians, including members of the Government, and the international community.
During the reporting period, there has apparently been no action taken to effectively address this problem thus increasing a perception of growing impunity. As a result, many continue to express the view that new militias need to be created in order to guarantee personal or group safety.
HRO receives increasing reports about mosques and other religious sites allegedly being used as secret prisons and even operating as illegal courts. On 22 March, HRO received information that three men may have been detained inside Almuhsin mosque, allegedly used by Al-Mahdi militia to “investigate and try” individuals. The three men worked in a vegetable market next to Sadr-city and were allegedly executed after being tortured. Summary trials and execution-style have been reported as being used by Sunni groups.
Impunity
It is of grave concern that numerous cases of assassinations, torture, abuse of detainees, and intimidations are frequently inadequately investigated and therefore unpunished. Such a situation may encourage further acts of violence and crime. It is however often reported that neither the Iraqi judiciary nor the police yield much success investigating crimes perpetrated by numerous well established militias. The investigative capacity of the State remains limited because of security conditions as well as for lack of adequate resources and the limited number of investigative judges. Allegations made that some sectors of the security forces are colluding with armed militias or other armed groups risk eroding support for the security forces and increase the perception that the impunity gap in Iraq is growing.
Existing mechanism for redressing violations are insufficient. Many individuals and organizations reported their distrust to contact authorities whenever there is a security risk.
Death penalty
As previously stated, the United Nations deeply regrets the reinstatement of the death penalty by the Government of Iraq in 2004 which the UN rejects in all circumstances, including cases of genocide, war crimes and crimes against humanity. The United Nations has consistently encouraged States to abolish the death penalty, and called on States to introduce a moratorium on executions.
Detainees
The number of detainees held in the country continues to remain high and a source of discontent for the population at large. According to the Ministry of Human Rights, as of 30 April 2006, there were a total of 28,700 detainees. In relation to January – February 2006, the figures indicate a decrease in the overall number of detainees, especially in Iraqi facilities. However, there has been an increase of 7.5 percent in the number of detainees in the custody of the MNF in comparison to the end of February figures.
The general conditions of detention in Iraqi facilities are not consistent with international human rights standards. Prisons and detention centres are overcrowded (with pre-trial detainees and convicted being mixed) and often lack food, hygiene and medical treatment.
Torture and other cruel, inhumane or degrading treatment are allegedly common practice in some facilities run by the Ministry of Interior. It should be emphasized that under Iraqi Law, the Ministry of Justice is the only institution habilitated to hold detainees. The Ministries of Interior and Defense can only hold individuals in accordance with the short delay prescribed by law. In addition, those two ministries do not have funds or the appropriately trained staff to run detention centers.
The poor detention conditions are revealed during joint MNF-Iraqi inspections in places of detention under the control of the Ministry of Interior, Defence and Special Forces throughout the country. Those inspections were established after the great outcry created by the discovery of the Al-Jadiryia’s bunker and are led by Iraqi representatives of relevant Iraqi Ministries, supported by the MNF. UNAMI encourages this process and calls for the reports resulting from those inspections to be made public. The Al-Jadiryia’s report is however unlikely to be published before the formation of the new Government.
The Human Rights Office (HRO) is particularly concerned by reports that judicial release orders are often not respected in detention facilities. Militias allegedly close to the Ministry of Interior have been reported as able to detain and/or free specific individuals at their own discretion.
The lack of judges, and investigative judges in particular and their lack of access to detention centres and prisons, the lack of enforcement of judicial release orders by law enforcement authorities, remain the major hurdles to an effective judicial oversight.
Women and Children
Women and children continue to pay a heavy price as a result of the conflict in Iraq. According to a study conducted by the University of Baghdad, at least 9 women become widows every day as a result of the violence and an increasing number of children become orphans. The prevailing violence also increases the vulnerability of women, children and the elderly, hampers access to health and education and affects negatively their living standards. Children and schools have also become victims of the sectarian conflict. With crimes against children and attacks against schools on the rise and a high level of general violence, school attendance levels have decreased.
UNAMI continued to receive reports from individuals and NGOs that women face harassment and intimidation if they are less inclined to conform to traditional dressing. “Honour crimes,” including domestic violence and killings, as well as kidnappings are reportedly increasing. The Kurdish Regional Government recently confirmed that 534 women may have been victims of so-called “honour killings” since the beginning of 2006. Although the practice has been outlawed, police do not enforce legislation or tends to be lenient towards offenders. Women activists and women NGOs have reported several cases of domestic violence in which victims were hesitant to seek help from the police out of fear for their lives.
There have also been reported cases where women were used by the Iraqi security forces to pressure their male family members to turn themselves in.
Minorities
HRO is particularly concerned about the treatment of ethnic and religious minorities in the country, as well as individuals because of their sexual orientation.
Members of the Christian community have lodged complaints with the HRO regarding the treatment and intimidation of the Christian community in the North, and reported that in Mosul alone, some 400 families migrated from the city to other villages with Christian majority within the Governorate. The persecution of minorities seems to continue in the Basra province.
UNAMI held several meetings with representatives of the National Council of Minorities, a group representing most minority groups in Iraq. They argued, for example, that only parties or coalitions with more than ten seats in the Council of Representatives could obtain membership in the newly created Political Council for National Security, thus effectively excluding minority parties from it.
During an informal meeting between the HRO and a member of the Iraqi Jewish community, it was confirmed that only a small number of families remains in the country. The representative emphasized the importance for the Iraqi Jewish community to be reintegrated within the Iraqi society.
Academics and professionals
The killing of professionals, including doctors and academics, is another cause for concern. At least 100 professors have been reportedly killed since 2003. A large number of lecturers, teachers and other intellectuals have reportedly stopped their work or left the country. HRO has received numerous reports that sectarian divisions have engulfed universities; some students appeared to be backed by different political factions. Lack of security in campuses has led to reports of clashes between students as well as intimidation against students and professors. Since 22 February 2006, thousands of students have reportedly requested to be transferred to other universities.
The targeting of judicial professionals is particularly worrisome in the context of the deterioration of law and order. There are reports that many judges, especially those working on terrorism or serious criminal cases, are facing intimidations or threats, including in the provinces. According to various sources, judicial professionals are said to be considering resignation, have requested to be transferred or are reluctant to sit on sensitive cases. There have also been reports of violence in Diyala, Hillah, Karbala and Wassit affecting court functions.
Recent displacement and situation of Palestinians in Iraq
As a result of the pervasive violence, Iraqis continue to leave their areas of residence, either voluntarily or as a result of violence or threats by insurgents, militias and other armed groups. According to figures from the International Organization of Migration (IOM), the number of displaced persons since 22 February 2006 reached 14,307 families, or 85,842 persons. The IOM further reported that most of the Shi’a families are leaving central areas of Iraq (Baghdad, Anbar and Salah al Din) towards southern Governorates (Najaf, Qadissya, Wassit and Kerbala). Sunni families are leaving southern areas and moving towards the Governorates of Baghdad, Diyala and Anbar.
Internal displacement is accompanied by increasing displacement of Iraqis seeking refuge outside the country.
UNAMI HRO has been in contact with Palestinian representatives over the past months. Some 34,000 Palestinians have been living in Iraq for years but are currently victims to various types of human rights violations because they are perceived supporters of the insurgency. In this sense, they are victims of the same discrimination, labelling, stigmatization and profiling affecting other communities of foreign residents of Arab extraction in Iraq (e.g. Syrian Arabs, Sudanese, Yemenis, Egyptians, Somalis).
UNAMI finds encouragement in a religious Fatwa by Grand Ayatollah Ali Al-Sistani recently issued by calling for the respect of Palestinians, and by the commitment of the Government to continue granting protection to the Palestinians in Iraq.
Freedom of expression
According to the Committee to Protect Journalists (CPJ), more than 70 journalists have been killed on duty in Iraq since March 2003 and many others have been maimed, detained or threatened while pursuing the right to freedom of expression. Three journalists were killed by unidentified gunmen during the month of March.
UNAMI is concerned with restrictions on freedom of expression in the Kurdish Region.
PROMOTION
Non Governmental Organizations (NGOs)
NGOs relationship with the Government remains somewhat polarized. The Ministry of Civil Society wrote to the HRO in early April clarifying that the draft law on civil society organizations was still under revision by the General Committee of the Shura Council. As the draft law is not yet finalized, UNAMI hopes that comprehensive consultations will take place on its text allowing for a significant input from civil society organizations to bring the text in line with international norms and ensure that it does not unduly restrict freedom of association before its approval.
Source: UN Assistance Mission for Iraq (Word File)
Quotes: From report titled, "Human Rights Report; 1 March –30 April 2006"
Summary
The enjoyment of human rights in Iraq continued to be severely undermined by growing insecurity, high levels of violence and a break down in law and order resulting from the action of militias and criminal gangs. The right to life continued to be severely affected by the ongoing insurgency, terrorist attacks as well as by revenge killings and action by armed groups. Women, children and professionals, including academics and judges, were increasingly targeted by the on-going violence.
Especially after the 22 February bombing against the Al Askari shrine in Samarra, sectarian killings, intimidations and threats have become one of the most significant forms of human rights violation. As a result, the number of internally displaced persons has increased considerably, affecting many communities and creating further tensions and socio-economic problems.
On-going military operations, especially in western and central Iraq, have also severely affected the enjoyment of human rights and have resulted, at times, in the loss of life of civilians.
Efforts in the rule of law sector aimed at establishing an independent national human rights commission have met broad support from the Iraqi ministries concerned and the judiciary, donor countries and UN agencies and programs. However, delays in government formation have put on hold required urgent action, especially with respect to internal regulations and accountability systems in the administration of justice, notably within the police.
PROTECTION
Situation of human rights
Extra-judicial executions, targeted and indiscriminate killings
The Government has not made available precise figures regarding the number of civilian casualties. However, hundreds of civilians are reported killed or wounded weekly, including women and children, as targeted or unintended victims of violent attacks. The Medico Legal Institute in Baghdad issued 1,294 death certificates in March and 1,155 in April. Most of those bodies, who include only individuals who have not been identified or whose death is violent or suspect, died as a result of shot wounds.
Targeted assassinations continued to take place aiming at politicians, members of the public administration including police, army and judges, professionals and those perceived to be associated with the Multinational Forces (MNF), affecting also the functioning of key institutions, such as the judiciary.
Particularly disturbing is also the recent spike in assassinations of politicians’ relatives. On 13 April, Mr. Mahmoud Ahmed al-Hashemi, brother of Mr. Tariq al-Hashemi, was also killed by unknown gunmen in the centre of Baghdad. On 17 April, the body of Mr. Taha Mutlaq, brother of the Mr. Saleh Mutlaq, General Secretary of the National Dialogue Front, was found dead in Western Baghdad. Mr. Mutlaq had been kidnapped by unidentified persons in later March 2006. He had been reportedly shot several times and appeared to have been tortured before he was killed. On 27 April, Ms. Maysoon Ahmed Al Hashimi, sister of Mr. Tariq Al Hashimi, leader of the Iraqi Islamic Party and appointed Vice-President of Iraq, was killed with her driver outside her home in Hay Al- Ilaam, an area in Al Saidyia neighbourhood in Baghdad.
Sectarian violence
Increased efforts need to be undertaken by the Government of Iraq, political parties, religious and tribal leaders and civil society to bridge the sectarian divide in the country, which was dangerously fomented following the 22 February 2006 bombing in Samarra. Civilians continued to be targeted by terrorist attacks or killed as unintended victims by insurgent, militia or criminal activities. HRO received numerous documents and testimonies indicating that Shi’a and Sunni civilians are being intimidated, threatened or killed in order to cause their displacement. HRO has also received credible and consistent reports of summary or extrajudicial executions that have taken place only on the basis of the victim’s name. As a result, Iraqis are reportedly resorting to changing their names in order to avoid being identified as belonging to any particular community.
Numerous terrorist attacks killed and maimed civilians and targeted also cultural symbols, mosques and churches of different denominations, with the clear intent of fomenting sectarian animosity.
On 13 and 14 April, HRO recorded an alarming increase in violence in Basra. Over 40 people were reported killed, half of whom were said to be members of the Basra Sunni community. In the morning of 13 April, the Basra-based construction company “Al Fayhaa” was raided by armed men wearing Iraqi police uniforms and driving the same type of vehicles used by the Iraqi police. Sunni and Shi'a employees were apparently separated and seven Sunni were summarily executed. Their killing was interpreted by the construction company as a retribution for their company’s earlier association with the Ba’ath party.
Human Rights Defenders
Criminal actions have also affected human rights defenders. Dr. Ahmed Al-Mosawi, the head of the Iraqi Human Rights Society and well known national personality, was kidnapped on 6 March from the headquarters of his organization. On 22 March, 49 non-governmental organizations issued a press release demanding his immediate release. However, no information regarding his whereabouts has been received so far.
In Diyala activists working through NGOs are afraid to hold activities because of the multiplication of security incidents in April. During the first half of April, Mr. Zuhair Yaseen member of the Prisoners of War Organization was assassinated in front of his home in Baquba and another member was injured in the same incident. Around the same time, Mr. Mehdi Mchaitheer Al-Azawi, Director of Association of Disabled Females was assassinated by an armed group in front of his home.
Military operations
In Baghdad and central areas of the country, where military operations have continued by the MNF and Iraqi forces, severe disruption to civilian life continues to take place. In Ramadi, where clashes are reported daily between insurgents and Iraqi and MNF, civilian casualties, damage to civilian property and extreme hardship to civilians are commonplace also due to the actions of the insurgency and the resulting use of force by the military. In the outskirts of Al-Iss Haqi District in Balad (Salah-El-Din Governorate), during the early morning of 15 March, an MNF raid caused the death of several civilians, including women and children. The MNF has announced that it is investigating the incident. Medical and other sources from Ramadi reported that 11 civilians, including children, were killed in the city following aerial bombings on 22 April. HRO could not independently verify this allegation.
In March, the MNF announced that they were opening an inquiry into the incidents occurred in November 2005 in western town of Haditha. Residents accused US marines of killing 15 civilians after a marine was killed by a roadside bomb. The MNF had originally reported that the civilians had been killed by the bomb blast but a film produced by a local NGO suggested that the civilians died of gunfire and in their homes.
Indiscriminate attacks against civilians
The United Nations utterly condemns all attacks against civilians and civilian infrastructure. Such attacks are not only illegal under international humanitarian law but also create unnecessary suffering for the civilian population.
RULE OF LAW
Behaviour of security forces
HRO continues to receive reports of kidnappings and killings carried out by militias, alone or allegedly in association with forces of the Ministry of Interior. Most of the cases relate to actions by armed individuals wearing black clothes abducting young men, who are executed and then left at the morgue or on the streets. Some of the extra-judicial executions are said to be a form of “setting of scores” or revenge killings.
A new brand of violence has emerged, a mix of organized crime and sectarian killings, increasingly attacking businesses. Gunmen often wearing police uniforms have stormed numerous businesses since the beginning of March resulting in of workers being kidnapped or killed and money being stolen.
Militias
As previously reported, the actions of militias, armed and vigilante groups, and their alleged implication in human rights violations, remain a cause of great concern. Reports indicate that such groups have increased their activity in central and southern areas of the country. Allegations that sectors of the new security forces have been infiltrated by militias responding to parallel structures have continued to be voiced by Iraqi NGOs, politicians, including members of the Government, and the international community.
During the reporting period, there has apparently been no action taken to effectively address this problem thus increasing a perception of growing impunity. As a result, many continue to express the view that new militias need to be created in order to guarantee personal or group safety.
HRO receives increasing reports about mosques and other religious sites allegedly being used as secret prisons and even operating as illegal courts. On 22 March, HRO received information that three men may have been detained inside Almuhsin mosque, allegedly used by Al-Mahdi militia to “investigate and try” individuals. The three men worked in a vegetable market next to Sadr-city and were allegedly executed after being tortured. Summary trials and execution-style have been reported as being used by Sunni groups.
Impunity
It is of grave concern that numerous cases of assassinations, torture, abuse of detainees, and intimidations are frequently inadequately investigated and therefore unpunished. Such a situation may encourage further acts of violence and crime. It is however often reported that neither the Iraqi judiciary nor the police yield much success investigating crimes perpetrated by numerous well established militias. The investigative capacity of the State remains limited because of security conditions as well as for lack of adequate resources and the limited number of investigative judges. Allegations made that some sectors of the security forces are colluding with armed militias or other armed groups risk eroding support for the security forces and increase the perception that the impunity gap in Iraq is growing.
Existing mechanism for redressing violations are insufficient. Many individuals and organizations reported their distrust to contact authorities whenever there is a security risk.
Death penalty
As previously stated, the United Nations deeply regrets the reinstatement of the death penalty by the Government of Iraq in 2004 which the UN rejects in all circumstances, including cases of genocide, war crimes and crimes against humanity. The United Nations has consistently encouraged States to abolish the death penalty, and called on States to introduce a moratorium on executions.
Detainees
The number of detainees held in the country continues to remain high and a source of discontent for the population at large. According to the Ministry of Human Rights, as of 30 April 2006, there were a total of 28,700 detainees. In relation to January – February 2006, the figures indicate a decrease in the overall number of detainees, especially in Iraqi facilities. However, there has been an increase of 7.5 percent in the number of detainees in the custody of the MNF in comparison to the end of February figures.
The general conditions of detention in Iraqi facilities are not consistent with international human rights standards. Prisons and detention centres are overcrowded (with pre-trial detainees and convicted being mixed) and often lack food, hygiene and medical treatment.
Torture and other cruel, inhumane or degrading treatment are allegedly common practice in some facilities run by the Ministry of Interior. It should be emphasized that under Iraqi Law, the Ministry of Justice is the only institution habilitated to hold detainees. The Ministries of Interior and Defense can only hold individuals in accordance with the short delay prescribed by law. In addition, those two ministries do not have funds or the appropriately trained staff to run detention centers.
The poor detention conditions are revealed during joint MNF-Iraqi inspections in places of detention under the control of the Ministry of Interior, Defence and Special Forces throughout the country. Those inspections were established after the great outcry created by the discovery of the Al-Jadiryia’s bunker and are led by Iraqi representatives of relevant Iraqi Ministries, supported by the MNF. UNAMI encourages this process and calls for the reports resulting from those inspections to be made public. The Al-Jadiryia’s report is however unlikely to be published before the formation of the new Government.
The Human Rights Office (HRO) is particularly concerned by reports that judicial release orders are often not respected in detention facilities. Militias allegedly close to the Ministry of Interior have been reported as able to detain and/or free specific individuals at their own discretion.
The lack of judges, and investigative judges in particular and their lack of access to detention centres and prisons, the lack of enforcement of judicial release orders by law enforcement authorities, remain the major hurdles to an effective judicial oversight.
Women and Children
Women and children continue to pay a heavy price as a result of the conflict in Iraq. According to a study conducted by the University of Baghdad, at least 9 women become widows every day as a result of the violence and an increasing number of children become orphans. The prevailing violence also increases the vulnerability of women, children and the elderly, hampers access to health and education and affects negatively their living standards. Children and schools have also become victims of the sectarian conflict. With crimes against children and attacks against schools on the rise and a high level of general violence, school attendance levels have decreased.
UNAMI continued to receive reports from individuals and NGOs that women face harassment and intimidation if they are less inclined to conform to traditional dressing. “Honour crimes,” including domestic violence and killings, as well as kidnappings are reportedly increasing. The Kurdish Regional Government recently confirmed that 534 women may have been victims of so-called “honour killings” since the beginning of 2006. Although the practice has been outlawed, police do not enforce legislation or tends to be lenient towards offenders. Women activists and women NGOs have reported several cases of domestic violence in which victims were hesitant to seek help from the police out of fear for their lives.
There have also been reported cases where women were used by the Iraqi security forces to pressure their male family members to turn themselves in.
Minorities
HRO is particularly concerned about the treatment of ethnic and religious minorities in the country, as well as individuals because of their sexual orientation.
Members of the Christian community have lodged complaints with the HRO regarding the treatment and intimidation of the Christian community in the North, and reported that in Mosul alone, some 400 families migrated from the city to other villages with Christian majority within the Governorate. The persecution of minorities seems to continue in the Basra province.
UNAMI held several meetings with representatives of the National Council of Minorities, a group representing most minority groups in Iraq. They argued, for example, that only parties or coalitions with more than ten seats in the Council of Representatives could obtain membership in the newly created Political Council for National Security, thus effectively excluding minority parties from it.
During an informal meeting between the HRO and a member of the Iraqi Jewish community, it was confirmed that only a small number of families remains in the country. The representative emphasized the importance for the Iraqi Jewish community to be reintegrated within the Iraqi society.
Academics and professionals
The killing of professionals, including doctors and academics, is another cause for concern. At least 100 professors have been reportedly killed since 2003. A large number of lecturers, teachers and other intellectuals have reportedly stopped their work or left the country. HRO has received numerous reports that sectarian divisions have engulfed universities; some students appeared to be backed by different political factions. Lack of security in campuses has led to reports of clashes between students as well as intimidation against students and professors. Since 22 February 2006, thousands of students have reportedly requested to be transferred to other universities.
The targeting of judicial professionals is particularly worrisome in the context of the deterioration of law and order. There are reports that many judges, especially those working on terrorism or serious criminal cases, are facing intimidations or threats, including in the provinces. According to various sources, judicial professionals are said to be considering resignation, have requested to be transferred or are reluctant to sit on sensitive cases. There have also been reports of violence in Diyala, Hillah, Karbala and Wassit affecting court functions.
Recent displacement and situation of Palestinians in Iraq
As a result of the pervasive violence, Iraqis continue to leave their areas of residence, either voluntarily or as a result of violence or threats by insurgents, militias and other armed groups. According to figures from the International Organization of Migration (IOM), the number of displaced persons since 22 February 2006 reached 14,307 families, or 85,842 persons. The IOM further reported that most of the Shi’a families are leaving central areas of Iraq (Baghdad, Anbar and Salah al Din) towards southern Governorates (Najaf, Qadissya, Wassit and Kerbala). Sunni families are leaving southern areas and moving towards the Governorates of Baghdad, Diyala and Anbar.
Internal displacement is accompanied by increasing displacement of Iraqis seeking refuge outside the country.
UNAMI HRO has been in contact with Palestinian representatives over the past months. Some 34,000 Palestinians have been living in Iraq for years but are currently victims to various types of human rights violations because they are perceived supporters of the insurgency. In this sense, they are victims of the same discrimination, labelling, stigmatization and profiling affecting other communities of foreign residents of Arab extraction in Iraq (e.g. Syrian Arabs, Sudanese, Yemenis, Egyptians, Somalis).
UNAMI finds encouragement in a religious Fatwa by Grand Ayatollah Ali Al-Sistani recently issued by calling for the respect of Palestinians, and by the commitment of the Government to continue granting protection to the Palestinians in Iraq.
Freedom of expression
According to the Committee to Protect Journalists (CPJ), more than 70 journalists have been killed on duty in Iraq since March 2003 and many others have been maimed, detained or threatened while pursuing the right to freedom of expression. Three journalists were killed by unidentified gunmen during the month of March.
UNAMI is concerned with restrictions on freedom of expression in the Kurdish Region.
PROMOTION
Non Governmental Organizations (NGOs)
NGOs relationship with the Government remains somewhat polarized. The Ministry of Civil Society wrote to the HRO in early April clarifying that the draft law on civil society organizations was still under revision by the General Committee of the Shura Council. As the draft law is not yet finalized, UNAMI hopes that comprehensive consultations will take place on its text allowing for a significant input from civil society organizations to bring the text in line with international norms and ensure that it does not unduly restrict freedom of association before its approval.
