Energy Agency, the representative said that those experts had not been
subjected to administrative detention. In the course of their research into
Iraq's nuclear programme, the experts had taken possession of a large number
of personal files belonging to Iraqi scientists and had tried to seise them.
The authorities had simply prevented the experts from leaving the location
until they had returned the files in question.
Self-deter.mination, state of emergency and non-discrimination
194. With reference to that issue, members of the Committee wished to receive
clarification of proposals aimed at enhancing the autonomy of Iraqi Kurdistan;
of the actual state of the relationship between the Government of Iraq and the
Kurds; the events of 2 August 1990, in the light of Iraq's obligations under
article 1, paragraph 1, of the Covenant; and concerning the current situation
of Shiites in the south of Iraq. They also wished to know why, in view of the
troubles and uprisings that had occurred, Iraq had not declared a state of
emergency and had not followed the notification procedure laid down in
article 4, paragraph 3, of the Covenant; what status was accorded to the
rights enumerated in article 4, paragraph 2, of the Covenant; what safeguards
and effective remedies were available to individuals during a de facto state
of war; and what specific measures had been taken to avoid any discrimination
in the distribution of food and medicine and what mechanisms existed to ensure
fair distribution.
195. Noting that the right of self-determination applied not only to colonial
situations but to other situations as well and that the people of a given
territory should be allowed to determine their economic and political destiny,
members also requested clarification of the position of the authorities
concerning the autonomy of Iraqi Kurdistan, particularly in the light of
article 5 (b) of the Constitution, which recognized the national rights of the
Kurdish people and the legitimate rights of all minorities within Iraq.
196. In his reply, the representative of the State party said that the
question of enjoyment of rights by Iraqi Kurds was not an issue of selfdetermination under international law, but one of the rights of persons
belonging to minorities, as embodied in article 27 of the Covenant. Article 5
of the Constitution highlighted that difference by stressing the unity of the
Iraqi people, which consisted of two main ethnic groups, together with a
number of other ethnic groups. The objective pursued by the law on autonomy
had not been attained because many obstacles - some of them attributable to
external factors connected with relations with neighbouring States - had
served to slow down the process. That law was being revised and its
provisions would be strengthened to ensure enjoyment by the Kurds of their
rights, in conformity with the Constitution and Iraqi law. The Iraqi
authorities had fully accepted the United Nations Security Council resolutions
as well as the measures ensuing therefrom and had expressly undertaken to
apply them. Following Security Council resolution 661 (1990), the Iraqi
authorities had put in place a general scheme which guaranteed a minimum food
supply to all citizens regardless of the region where they lived.
197. Responding to other questions, the representative said that a state of
emergency had not been proclaimed in Iraq, either during the war with the
Islamic Republic of Iran or the Gulf war, since the Government had felt that
ordinary legislation should remain in force. A few legislative texts of a
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