A/HRC/34/53/Add.1 III. Legal, institutional and policy framework 15. Iraq is a party to key international human rights conventions relevant to nondiscrimination and the rights of minorities, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. 16. The 2005 Constitution, the pre-eminent and supreme law in Iraq, recognizes past crimes against minorities and contains anti-discrimination provisions. Article 14 states that Iraqis are equal before the law, without discrimination based on gender, race, ethnicity, nationality, origin, colour, religion, sect, belief or opinion, or economic or social status. Article 41 states that Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices. Articles 42 and 43 guarantee freedom of thought, conscience and belief and that the followers of all religions are free to practise their religion and to manage their religious endowments (awkaf), affairs and institutions. Article 7 prohibits ethnic or religious hatred, including any entity or programme that adopts, incites, facilitates, glorifies, promotes, or justifies racism or terrorism or accusations of being an infidel (takfir) or ethnic cleansing. 17. Several minority leaders nevertheless highlighted that article 2 of the Constitution establishes Islam as a foundational source of law and that the Constitution prohibits the enactment of laws that contradict Islam. They stressed their concerns regarding widespread discrimination on the ground of religion and called for a more secular constitution and legal framework to clearly separate religion from politics, as there was potential for conflict between guarantees of the religious rights of minorities and the provisions of Islamic law. 18. Two draft laws under consideration by the Government are directly relevant to minority rights. A draft diversity protection and anti-discrimination bill has been endorsed by many Members of Parliament and advisers to the Speaker, Salim al-Jubouri. This bill was before the Human Rights Committee of the Council of Representatives at the time of the visit. In October 2016, it was submitted for first reading through the Speaker’s Office. A complementary law, the draft law on the protection of religious and ethnic minority group rights, covers a range of issues related to the promotion, respect and protection of diverse ethnic and religious communities. Some groups have, however, expressed concern at the lack of consultation with them regarding these draft laws and the Special Rapporteur urges appropriate and meaningful mechanisms of consultation prior to their adoption. 19. Minority representatives highlighted article 125 of the Constitution guaranteeing the administrative, political, cultural and educational rights of the various nationalities, such as Turkmen, Chaldeans, Assyrians and all other constituents, which “shall be regulated by law”. They noted, however, that such legal provisions did not exist and urged that they be adopted as a matter of urgency. Minority communities consider this step to be essential to legally protect them as valued and equal components of society. 20. Currently, there is no dedicated national institution or ministry with appropriate responsibilities and powers, funding and resources to help formulate policy and programme measures to address minority issues. Minority representatives called for such a body to be created and to have an interministerial coordination role, in recognition of the need for mainstreaming minority issues across policy areas. It should be in a position not only to advise and formulate necessary legislative changes but also to map the needs of minorities, monitor their situation, and serve as a bridge and trust-building platform between minority communities and the Government as well as other relevant bodies, including national human rights institutions and civil society organizations. 21. Minority representatives consistently stated that the National Identity Card Law adopted in October 2015 had caused alarm and consternation among communities owing to 7

Select target paragraph3