A/HRC/34/53/Add.1
its discriminatory provisions. Article 26 states that a non-Muslim may convert (while
Muslims are prohibited from conversion) and that minors are legally considered as Muslim
following the conversion of either parent to Islam. According to the law, any child born in a
marriage between a Muslim and a non-Muslim shall take on the Muslim religion. The Law
was reportedly intended to facilitate administrative formalities with governmental
institutions; however, the discriminatory provisions are unrelated to this objective and
discriminate against non-Muslims. Minorities consider this law to constitute a threat to their
existence in Iraq and have called for its reform or repeal on the grounds of its
discriminatory impact and incompatibility with constitutional guarantees of freedom of
religion, thought, conscience and belief.
IV. Minorities in the Kurdistan region of Iraq
22.
The Special Rapporteur travelled to the Kurdistan region of Iraq, which has been
greatly affected by the rise of ISIL and the conflict on its borders. Its population has
consequently increased dramatically owing to the influx of internally displaced persons
from conflict-affected regions, including the Ninewa plains. She commends the Kurdistan
Regional Government for supporting and providing a safe haven for displaced
communities. The regional authorities emphasized their commitments to the protection of
vulnerable groups while noting that its resources were stretched thin and its capacity to
accommodate or support more internally displaced persons was severely limited. This may
have serious implications in the light of the government offensive to retake Mosul and
surrounding areas, ongoing at the time of drafting, which may lead to mass displacement,
much of which may be towards the Kurdistan region.
23.
Authorities noted the generally good relations between different ethnic and religious
communities in the region and that few tensions had historically existed between
communities, owing partly to a shared history of oppression under the former regime,
which had destroyed Kurdish, Christian and some Muslim villages. Members of those
ethnic and religious communities who were long-term residents of the region expressed
satisfaction at minority rights protection, including their right to use their mother-tongue
languages in education and a degree of political representation, and stated that they had
good relations with the majority Kurdish community.
24.
The drafting of a new Kurdistan Regional Constitution was initiated in 2011 and had
not been finalized at the time of the visit. Prime Minister Barzani informed the Special
Rapporteur that minority rights would be given specific constitutional protection and that
consultation would take place with all groups. The authorities indicated that they were
favourable to consideration of limited autonomous areas for large minorities, including
Christians and Yazidi, where appropriate. Another positive step has been to recognize and
allow representation within the Kurdistan Region Ministry for Endowments and Religious
Affairs of smaller ethnic and religious groups, including Jews, Zoroastrians, Kaka’e and
Baha’is.
25.
The Kurdistan Parliament passed the Law on Protection of the Right of Components
(Law No. 5) in 2015. Broadly in line with the provisions of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, it recognizes
various ethnic and religious groups; guarantees equality; prohibits all forms of
discrimination; and includes the right to political, cultural, social and economic
participation and the right to education in mother-tongue languages. It prohibits
demographic change of ethnic and religious communities. Although it is a positive
development, the law lacks provisions that criminalize hate crimes and for a mechanism or
body that would ensure implementation of the rights specifically protected by the Law.
8