Command Council Decree No. 840 of 1986 and article 200 of the Penal Code,
relating to severe life sentences, were currently under consideration for
repeal.
185, Observing that economic, social and cultural rights and civil and
political rights were closely interrelated, the representative said that the
current blockade of Iraq was posing a danger to the right of people,
particularly children, the elderly and the sick, to health, food and other
basic needs. Furthermore, the shortage of medicines and pesticides had
increased the incidence of disease. Cases of typhoid, hepatitis and cholera
had sharply increased and infant mortality had risen from 5 to 21 per 1,000
between August 1990 and August 1991. Those circumstances had to be taken into
account by the Committee in analysing the situation in Iraq. Since it was
impossible to enjoy civil and political rights while being denied economic,
social and cultural rights, the economic blockade should be lifted so that the
Iraqi people could enjoy all their human rights.
Constitutional and legal framework within which the Covenant is implemented
186. With regard to that issue, members of the Committee wished to receive
information concerning developments, if any, that had taken place since the
submission of the report regarding the promulgation of a new constitution and
its adoption by referendum; the relationship between the Revolutionary Command
Council, the Cabinet, the Office of the President and the National Assembly
and their respective roles in so far as the implementation of the Covenant was
concerned; the results of the examination by State organs subsequent to
1 April 1991 of wartime laws and regulations with a view to their abolition;
and concerning persons characterized as "rioters" throughout the report.
187, In addition, members wished to know what concrete measures had been taken
in order to attain the Government's objectives of reconstruction, the
establishment of democracy and a multiparty system, freedom of association,
freedom of the press and the supremacy of law; whether the Covenant had
specifically been taken into consideration in drafting the new Constitution
and the law on political parties; whether the Covenant had been incorporated
into Iraqi law and could be invoked before the courts; and what the remaining
restrictions were under the state of emergency. It was also asked whether
abuses committed by Iraqi military forces in Kuwait had been investigated; how
many political parties had been created after the introduction of the
multiparty system by Act No. 30 of 1991; why only 187 people had benefited
from the amnesty decree of 21 July 1991 as compared with a total of 14,000
detainees who had benefited from previous amnesty decisions; and what the
legal basis was for holding United Rations experts against their will. In
addition, members questioned whether concentrating legislative and executive
powers in the hands of the Revolutionary Command Council was in conformity
with the Covenant.
188. Regarding the deterioration of the situation of the Kurds in northern
Iraq, it was asked whether any military operation directed against them was
under consideration. Concern was also expressed over the situation of some
50,000 Shiite refugees in the southern marshes and clarification was requested
regarding the extent to which the Government was cooperating with
international organizations in those areas. Information was further requested
regarding the number of Kurdish and Shiite detainees, their treatment and the
remedies that were available to them.
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