214. While welcoming those measures, members regretted that many of their
questions had not received satisfactory replies and felt that the rights
specified in the Covenant were neither adequately protected nor properly
implemented. Serious concern was expressed, in particular, regarding the
treatment of Kurds in northern Iraq and of Shiites in the south. The
Government's interpretation of article 1 of the Covenant in that regard was
not convincing. Furthermore, massive violations of human rights had occurred
following the invasion of Kuwait. Deep and serious concerns were also
expressed in respect of the legislation relating to the death penalty; the
disappearance of persons, summary executions, torture and arbitrary arrests;
the lack of independence of the courts; the limitations on the exercise of the
freedom of expression, association and assembly; the lack of separation of
powers; the position of the Baath party in law and in fact; and the excessive
concentration of power in the hands of the Revolutionary Command Council.
215. With regard to the constitutional structure of the country, it was noted
with regret that work on drafting a new constitution had slowed down. It was
further observed that the law on political parties would remain a dead letter
until the existing Constitution was amended and a multiparty system was
established. Members also noted that the present Constitution contained a
number of provisions that could lend themselves to violations of human rights,
referring in that connection particularly to articles 38 and 40 of the
Constitution, which differed significantly from the provisions of the
Covenant. The retention of such provisions could lead to violations of, or
restrictions on, proclaimed rights.
216. While members agreed that the population was clearly suffering greatly as
a result of the war and the subsequent international sanctions imposed on
Iraq, they emphasized that the war had been unleashed by Iraq through its
attack on Kuwait. Claiming the war as the cause of difficulties in
implementing civil and political rights in Iraq did not diminish the Iraqi
Government's responsibility for the human rights situation. Furthermore,
although it was obvious that there was a link between political and civil
rights, on the one hand, and economic, social and cultural rights, on the
other, all the shortcomings in the protection of the rights set forth in the
Covenant could not be attributed to the economic situation prevailing in the
country. The discrepancy between the provisions of the Covenant and the law
and practice in Iraq during the period under review was itself one of the
contributing factors that caused the war.
217. The representative of the State party said that the dialogue with the
Committee had been most useful and expressed his delegation's thanks for the
understanding and patience shown by the Committee. Iraq would take
encouragement from it in continuing its efforts to builct a constitutional and
democratic society. He was also grateful for the sympathy the Committee had
shown for the deep suffering imposed on the Iraqi people by the economic
sanctions and trade embargo, which constituted an unavoidable obstacle to the
enjoyment of human rights in Iraq,
218. In concluding the consideration of the third periodic report of Iraq, the
Chairman also thanked the Iraqi delegation for the sincere efforts it had made
to answer the many questions asked during a lengthy exchange of views that had
extended over two sessions. The Committee's concerns were very serious as
they related to a situation in which human rights were not being observed.
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