A/HRC/34/53/Add.1
63.
The true number of those murdered by ISIL because of their ethnicity or religion
remains unclear. The Special Rapporteur was informed about more than 20 alleged mass
graves, many of which remain within territory controlled by ISIL. The Government and the
international community must take all possible steps to protect and preserve these sites so
that forensic research can be conducted at the earliest opportunity. This will allow victims
to be identified and serve as essential evidence for future criminal proceedings.
64.
Iraq has not yet acceded to the Rome Statute of the International Criminal Court, and
the Special Rapporteur urges it to do so at the earliest opportunity. Iraq could request ad
hoc jurisdiction over the claims of mass atrocity crimes. The Court should give
consideration to opening preliminary investigations. In the meantime, the Court should
initiate proceedings against those who are nationals of States that are parties to the Rome
Statute. It is vital to maintain documentation and evidence must be protected from damage
or destruction. The efforts of the Kurdistan Regional Government in this regard through the
establishment of specialized committees are welcome and must be supported.
VI. Essential steps for rebuilding a future for ethnic and religious
communities
A.
Return and rehabilitation
65.
The return of displaced ethnic and religious communities to their historic homelands
and territories in a safe, voluntary and supported manner is an essential element of a
guaranteed future in Iraq. Those communities have deep and long-standing attachments to
their homelands, established over generations. Any political, infrastructural, security,
economic or other barriers to the safe and dignified return of communities to their home
regions must be addressed so that return can take place at the earliest opportunity. The
involuntary relocation or resettlement of such communities in alternative locations could
constitute another setback to their continuing sense of belonging in Iraq and should be
considered as a last resort for those who choose not to return to their home areas.
66.
Return to their places of origin alone, however, does not constitute an appropriate
and durable solution for those communities. That can be achieved only with long-term
support, investment and development initiatives to assist communities to rebuild homes,
infrastructure and cultural heritage sites, re-establish livelihoods and return to normal
functioning following the trauma of displacement. Development initiatives by the
Government and national and international development partners should be targeted at
affected ethnic and minority communities.
67.
Where communities have suffered violence, including by neighbouring
communities, they will also require long-term and dedicated security and community
reconciliation programmes. Voicing concerns over the lack of security, a member of the
Yazidi community said: “Even if we return home, Arab villages are 3 km away. We feel
vulnerable because when ISIL came our Arab neighbours joined them and attacked us.
How can we change the mentality of the people who live near or with us?”
B.
National reconciliation
68.
Strengthening an inclusive sense of Iraqi national identity and confronting
sectarianism are essential to future peace, stability and social cohesion, which has been
fragmented by conflict and the historic marginalization of some groups. Some minority
representatives, including the Yazidis, called for the strengthening of a national
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