Energy Agency, the representative said that those experts had not been subjected to administrative detention. In the course of their research into Iraq's nuclear programme, the experts had taken possession of a large number of personal files belonging to Iraqi scientists and had tried to seise them. The authorities had simply prevented the experts from leaving the location until they had returned the files in question. Self-deter.mination, state of emergency and non-discrimination 194. With reference to that issue, members of the Committee wished to receive clarification of proposals aimed at enhancing the autonomy of Iraqi Kurdistan; of the actual state of the relationship between the Government of Iraq and the Kurds; the events of 2 August 1990, in the light of Iraq's obligations under article 1, paragraph 1, of the Covenant; and concerning the current situation of Shiites in the south of Iraq. They also wished to know why, in view of the troubles and uprisings that had occurred, Iraq had not declared a state of emergency and had not followed the notification procedure laid down in article 4, paragraph 3, of the Covenant; what status was accorded to the rights enumerated in article 4, paragraph 2, of the Covenant; what safeguards and effective remedies were available to individuals during a de facto state of war; and what specific measures had been taken to avoid any discrimination in the distribution of food and medicine and what mechanisms existed to ensure fair distribution. 195. Noting that the right of self-determination applied not only to colonial situations but to other situations as well and that the people of a given territory should be allowed to determine their economic and political destiny, members also requested clarification of the position of the authorities concerning the autonomy of Iraqi Kurdistan, particularly in the light of article 5 (b) of the Constitution, which recognized the national rights of the Kurdish people and the legitimate rights of all minorities within Iraq. 196. In his reply, the representative of the State party said that the question of enjoyment of rights by Iraqi Kurds was not an issue of selfdetermination under international law, but one of the rights of persons belonging to minorities, as embodied in article 27 of the Covenant. Article 5 of the Constitution highlighted that difference by stressing the unity of the Iraqi people, which consisted of two main ethnic groups, together with a number of other ethnic groups. The objective pursued by the law on autonomy had not been attained because many obstacles - some of them attributable to external factors connected with relations with neighbouring States - had served to slow down the process. That law was being revised and its provisions would be strengthened to ensure enjoyment by the Kurds of their rights, in conformity with the Constitution and Iraqi law. The Iraqi authorities had fully accepted the United Nations Security Council resolutions as well as the measures ensuing therefrom and had expressly undertaken to apply them. Following Security Council resolution 661 (1990), the Iraqi authorities had put in place a general scheme which guaranteed a minimum food supply to all citizens regardless of the region where they lived. 197. Responding to other questions, the representative said that a state of emergency had not been proclaimed in Iraq, either during the war with the Islamic Republic of Iran or the Gulf war, since the Government had felt that ordinary legislation should remain in force. A few legislative texts of a -44-

Select target paragraph3