Respect for human rights in countries characterized by religious, racial, ethnic and cultural pluralism, or where sectarian, religious or ethnic conflicts have occurred, is a key element in achieving stability and social peace, it is also the basis for the pursuit of true democracy, not even a recognition of preservation of human dignity, In the same context the respect for the rights of minorities and women’s rights is of paramount importance, as they are fundamental pillars of achieving community cohesion and achieving development, stability and security. To achieve these goals in Iraq, ADC reports are keen to uncover and examine the existence of an appropriate legal environment to protect society, vulnerable and marginalized groups, and the existence of legislative and legal guarantees and rational policies governing their rights. As part of the pursuit of the above objectives, ADC adopted in its report of 2018 the analytical descriptive approach to events and the legal approach by providing an appropriate legal environment for the protection of human rights, minorities and women, and the scope of guarantees available to support and promote their rights as well as the reliance on field observation and monitoring, and direct interviews and observers, members of the organization and volunteers deployed in a number of Iraqi provinces, as well as the letters, complaints and notifications received by the organization continuously from Iraqi citizens via e-mail and Telephone calls and other means of communication.
The report dealt with what ADC was able to monitor during its intensive activity in 2018 on the rights side and all related to violations of the rights of the Iraqi citizen, in view of the characteristic of the year 2018 successive variables in the completion of the liberation and disinfection, and the preparation of that were controlled by ISIS the return of displaced persons and forcibly displaced persons to their areas of origin in Nineveh, center of Mosul, Ramadi and other areas of Iraq.
The report also addressed the issue of religious freedoms, minority situations and violations affecting their rights from Christians, Ezidies, Sabean Mandaeans, Baha’is, dark-skinned people and others, and other violations affecting all Iraqis. The report also dealt with the human rights situation in Ramadi and Basrah. The report covered prison conditions, underage reform houses, punishing criminals and not to escape punishment
The report also highlights on the file of the missing and the disappeared forcibly and also the file of Iraqi women in light of the increasing challenges facing them,also the many gaps in the administrative aspect and the implementation of policies that indicate a lack of attention in the administrative, educational, health, environmental and dealing with crises and affecting human rights, as well as in some practices and measures impeding freedom and independence of the work of civil society organizations.
The report includes the development of treatments, solutions and recommendations for reform and evaluation of performance to promote human rights in order to serve stability and achieve peace and sustainable development.
Violations and its Ramifications
ADC, through its monitoring and investigations, has concluded that the human rights situation in Iraq did not witness any fundamental changes in favor of these rights in 2018. It can only be built on a very narrow framework despite the apparent breakdown of ISIS and the return of many displaced and forcibly displaced persons to their homes,
it has been shown that there are pockets of ISIS still active from time to time in raids on certain villages and towns in the provinces of Nineveh, Kirkuk, Diyala and Salahuddin (Tikrit), which reflects the presence of mobile terrorists, as reflected by the fear of citizens in the regions adjacent to the presence of those terrorist gangs and the possibility of infiltration from time to time to carry out murders, kidnappings and destruction, including the Kirkuk-Tikrit and Kirkuk-Baghdad road to interruptions due to those groups that threaten the lives of passengers.
The province of Nineveh did not announce its completely safe situation, especially after the subject of dormant cells of ISIS in the city of Mosul and its suburbs, as confirmed by government security agencies. As for the security situation in Kurdistan Region, it witnessed much consequent. Many citizens who demonstrated in Sulaymaniyah were subjected to arrests and commitments to stop criticizing the situation there. Demonstrators were also subjected to the same measures in Erbil. According to current information, many citizens are detained in some district centers for various periods.
ADC is concerned that Iraqi human rights activists have been subjected to abductions by unknown parties, including the kidnapping of human rights activist Faraj al-Badri in Nasiriya / Souq al-Shouyukh on 8/5/2018 and other activists in Karbala province. This holds the government authorities a double responsibility, if the authorities have arrested these activists, they must disclose this in accordance with the applicable laws and the declaration of the reasons.
If there are influential non-governmental entities, the government must put an end to this security chaos. ADC condemns all forms of restrictions on public freedoms and infringes on the right of expression. These actions are unacceptable and can not be justified under any pretense or allegation; they represent attempts to silence and obscure the foundations of democracy for the perpetuation of corruption in all its forms and to return to the totalitarian approach.
We would like to remind that the report of ADC on the Human Rights Situation in Iraq for the year 2017 contains clear condemnations of all forms of human rights violations and has proposed several recommendations to address abuses of the rights of Iraqi civilians.
On the sidelines of the parliamentary elections of 12 May 2018 the ramifications have intensified and the Iraqi political scene has been full of many mutual accusations of widespread fraud where the solution lies in the Supreme Judicial Council’s decision to decide on the issue. It is the authority to issue judgments on this matter, especially since there are contradictory views issued by the House of Representatives and the Presidency of the Republic and the Prime Minister, as for the information that has been circulated, that the fraud and corruption have spread to many stations. According to this information, (1800) electoral appeals were submitted until the preparation of this report, which is a large number if these appeals are right, the situation must be reflected on the timing of formation of the new government because the consideration of the appeals need more time to sort between the appeals (red) and appeals (green) to limit human rights characterization.
With the confirmation of the Prime Minister Dr. Haider al-Abbadi that the fire that lasted the warehouses of the Electoral Commission in Rasafa, and those preliminary investigations proved to be deliberate and the general political scene has entered more than a tunnel that did not transfer income into the unknown. ADC calls for the non-dilution and disregard of such crimes without deterrent measures to teach the concerned citizens the ethics of the good citizen and the sense of responsibility towards the public interest and not legitimize the unfair competition leading to the demolition of the country for narrow-minded personal purposes.
ADC noted that the problems of water and electricity have begun to affect the living reality of Iraqi civilians and that most of the solutions that have been put forward are merely patchwork solutions in their entirety.
As for the water scarcity, the situation seems to be worsening with the start of the use of the Turkish Ilısu Dam and the watering of its industrial lake. The government authorities in the region and throughout the country have been waiting to repair the relationship with Ankara and Tehran for this purpose. There is a need for government action to put an end to water scarcity, which must be exacerbated by unprecedented high temperatures in Iraq
This is the result of planning to build additional dams to store surplus water from rainfall and melting snow to increase water stocks to avoid worsening water crisis and increase salinity in summer.
ADC noted that we are still suffering from behaviors that are far from rationalizing the use of water, which is in dire need of re-creating educational values at both the familial and societal levels in rationalizing the use of water. As for the scarcity of electricity, it is sufficient to explain the reference to the demonstrations and sit-ins witnessed in Baghdad, Najaf, Karbala, Hilla, Diwaniyah, Thi Qar, Basra, Maysan and other cities and governorates as evidence of the depth of the crisis, noting that the government entered the beginning of the summer with the promotion of promises to solve the crisis. Which confirms that the Ministry of Electricity did not have plans ready in this regard, while the usual summer high heat hovering on the country without a decisive solution to the electricity crisis?
In another context confirmed by the ADC that the agricultural situation in the country is declining and deterioration due to water scarcity, and the lack of protection of national agricultural products and weak financial support for the Iraqi agricultural product, both vegetable and animal, and this water scarcity caused many of the armed conflicts between the tribes extension For the theft of water quotas for farmers as a result of the lack of government controls and tribal deterrent to limit this phenomenon.
Religious Freedom & Belief Freedom in Iraq
Religious freedom in Iraq is still vaguely expressed as only non-Muslims have the right to change their religion in one direction only. This is a great challenge not only for Muslims but also when the situation of the father or mother becomes Islam from other religions,The minor children are converted to Islam forcibly and automatically in the records of their civil status in a way that negatively affects the provisions of the Constitution in many of its articles, ensure the freedom of belief and non-discrimination on the basis of religion and the equality of Iraqis before the law and respect the lack of eligibility for the child to take any decision before reaching the age of majority..
The most religious minorities, especially followers of the religions Yazidi, Christian, Sabean Mandaean, Baha’ism, Zoroastrianism and others are targeted and practice discrimination against them by more than one legal means, including media such as Law No. (105) of the year 1970 prohibiting Baha’i activity, which has been in force since the 1970s, restricting the religious freedom of the Baha’is and registering them as Muslims rather than as Baha’is in the registers of the civilian population. Thus, article (26) of the Unified National Card Act (Act No. 3 of 2016) has not been amended despite the numerous and continuous claims of Christians and other non-Muslim religions and their religious and civil institutions.
The targeting of Christian beliefs and traditions as various forms of humiliation by Muslim clerics during the 2018 Christmas was only a clear manifestation of the attacks on which professes in the name of the Islamic religion against Christians and other religions Article (26) of the above-mentioned article provides for the Islamization of minor children according to the religion of one of the parents, despite the demand of non-Muslim minorities to amend them to guarantee their religious freedom and human dignity and that other provisions of the Personal Status Law apply to them according to Islamic law differs from the provisions of their religious laws such as inheritance, adoption and others. And that the continuation of these laws harmful to non-Muslim minorities are invested by some employees for the purpose of extortion and corruption, and samples of this, recorded by the ADC monitoring of the violation of the Christian citizen (Arkan Anwar Aboud), who attended the Department of Personal Status in Baghdad Karadah al-Sharqiya, found that his Christian religion had been changed to Islam by a court order from Baghdad’s Rasafa Court of Appeal in New Baghdad district,after reviewing this court, It turns out that nothing issue from this court indicating the issued of an argument declaring his Islam and there is no reference number issued to the Department of Personal Status in this regard.
Also the non-Muslim minorities as Christians, Yazidis and Sabean Mandaeans, are occasionally confronted with provocation and incitement by Muslim religious figures in light of the indifference of state institutions to the implementation of legal restrictions and punishing the instigators under Iraqi laws. We call upon the executive and legislative authorities to respond to the demands of citizens and amend this unfair article against juveniles and begin to amend them so as to preserve freedom of choice after reaching the age of majority. ADC follow-up the violence still related to religion at the community level, with weak law enforcement and lack of adequate deterrent policies, especially in the abuse of Christian property and repeated attacks on the interests of Sabean Mandaeans. Christians in Baghdad continue to be intimidated and harassment by influential actors outside the state in the presence of a clear weakness in the necessary protection measures, resulting in psychological, social, economic, cultural and security effects on religious minorities suffering not only a number of them gradually because of migration, but the possibility of total extinction Iraq is the land of their ancestors.
Violations Affecting Christians
The Christian component continues to suffer from the consequences of forced migration, which led to the destruction of their homes, churches and administrations in the Nineveh Plain and Mosul, encouraging their emigration outside Iraq. The lack of policies to support stability weakens the Christian presence in areas affected by violent and encouraging them to emigrate out of Iraq. The lack of policies to support stability weakens the Christian presence in areas affected by ISIS.
The most unofficial estimates indicate that the number of Christians in Iraq is currently not more than 500 thousand people, while confirming according to church and official estimates that the number was in 2003 about one and a half million people. This created a state of imbalance in their existence and the curtailment of their rights. According to field surveys carried out by ADC from time to time,that the Christians who returned from the areas of displacement by acts of intimidation reached more than 40% of the population of the Nineveh Plain, Baghdad and Basra, while some of them, especially the displaced from Mosul and Bartela and Batnaya in Erbil and Dohuk and other areas of Iraq, that their houses has been completely destroyed and could not be rebuilt on the one hand and to lose confidence in the restoration of security from the other side. In this context, the restoration of some (70) houses in the Nineveh Plain in the center of Mosul for Christian returnees in order to encourage their return. But the right-hand coast of Mosul, with its churches and administration, is still rubble, causing frustration and lack of access for the people of the region to return.
Killings, Kidnappings & Arrests
1 – The assassination of the christian (Samer Salah El-deen Younis) in the district of Naeriya in Bagdad on Sunday morning February 25, 2018 by unknown groups as, gunmen fired bullet at the young man in front of his house while heading to work, killing him instantly. Samer is married, has two children and owner of a shop for selling paints in the market of Shorja center Baghdad. ADC condemns this brutal criminal act and appeals security authorities to intensify efforts to arrest the perpetrators and bring them to justice to receive the fair punishment in return for the crimes they committed against this Iraqi citizen.
2 – Dr. Hisham Masqouni, who works as a radiologist at Saint Raffaiel Hospital in Baghdad and his wife, Dr. Shaza Malik Dano, a gynacologist and her mother, Mrs. Khairia Daoud, were killed by knives in their home in the Mashtal district of Baghdad on Thursday, 8/3/2018. They stole their money, property and all their personal belongings from inside the house.
3 – ADC followed up the issue of the two brothers (Armn Arab Najib and Said Arab Naguib), who were liberated by the Iraqi security forces on September 11, 2017 through the Saqoor cell and the intervention of the Ministry of Interior after they were kidnapped in the province of Amarah on 8/9/2017 While they were heading to Basra to attend a football match there, where after liberation, their families are being blackmailed by the kidnappers who are currently in charge of the judiciary being prosecuted according to penal rules. The kidnappers are exerting various pressures on the family of the abductees to force fear, and led to leave their interests and work and to consider for immigration as long as they Feel that there is insufficient protection.
Violations Through Administrative Channels
1 – The sources of our organization reported that the director of the Alqosh district, Mr. Faiz Jahoury, was arrested, insulted and beaten on 15/7/2018 by Kurdish forces belonging to the security services in the Kurdish region (Asayish). In a telephone conversation by our organization with the director of the district, Mr. Jahoury confirmed that he was arrested and humiliated in his office and taken to the area of Telesqaf, 10 km from Alqosh where the security force was located. He was arrested and humiliated for several hours until his release. The attack on Mr. Faiz Jahoury came on the back of his return to his post by a decision of the judiciary after the appointment of the director of another area, Mrs. Lara Yosuf Isaac by decisions outside the administrative and judicial contexts, and imposed by the Kurdish parties in the region,
However, the return of Mr. Jahuri to his previous position and judicial decision was considered by these parties to diminish its prestige. Therefore, an hour after his return to his job, he was arrested, humiliated and assaulted to prevent him from practicing his job in order to impose control over the region and the Christians in Alqush.
The ADC has been briefed on the administrative order issued by the Governor of Nineveh on 10 July 2018 in this matter, which is in line with the decision of the Administrative Court and included two key points relating to the consideration of the discontinuity of Mrs. Lara Yosuf Isaac from the administration of the district from 9/4/2018, and the appointment of Mr. Faiz Abdul Mikha Jahuri a Director of the area of Alqush as of 9/4/2018. But this solution is only a patchwork solution while the situation in all areas of the so-called infringement on its citizens the words “disputed areas,” is required of the Iraqi state in the region and the center, a radical political solution is to leave the population and the establishment of the same administrative contexts as guaranteed by the constitution in the possibility of implementing the federal system of Iraq where the cantonal system can be applied to any provinces in the service of these areas and according to ethnic differences and the specificity of the presence of the population of those areas.
The attack by the security services on the employees of the state for political and partisan reasons is a serious violation of the law and act above the law and a violation criminalized by the Constitution because it is at the same time a flagrant violation of human rights and interference in the affairs of the judiciary and assault on his prestige, as authority has no authority,and the insult of the director of the Alqush district of the Christian minority is another violation of the rights of the Christian minorities and an infringement of their dignity.
2 – On the administrative level, ADC obtained documents of one of the cases of assault on Christians and forcibly handed them over in the Civil Status Registry in a false manner and a tribute to the funds of the powerful family, as happened to the young man Arkan Anwar Aboud, where confirmed by the court of the investigation in the district of New Baghdad by a letter No. 22 on 27/10/2015 to the Directorate of Nationality where the court confirmed that there is no issue for the argument of Islam. However, the employee still refuses to amend the forgery which adopted not for the purpose of adding a person to Islam, but to pay for the money of the young man and their bargaining.
3 – Since 2008, the family of the martyr Johnny Yohanna Daowd has suffered from the failure to receive the full salary allocated to their martyred son because of the administrative corruption protected by the political maneuvers that affect the administrative relations between Baghdad and Erbil. The family still receives (306228) three hundred and six thousand two hundred twenty eight dinars. The monthly pension of the martyr Johnny, which after several amendments reached one million and two hundred thousand dinars, according to the General Retirement Department in Baghdad,which sends the salary to the retirement department in the region, the family does not receive it . In Duhok, the officials concerned refuse to hear the family’s complaints and say to them: He is not a martyr, but is dead according to the death certificate. This is not only the insistence on the family of the Martyr not only respect for their sacrifices and the abuse of their dignity, but also a clear violation of the legal procedures by which Johnny Yohanna was officially recognized for his first martyrdom during the duty as protection to the Minister of Immigration. And this circumvention of the rights of the martyr that means the continuation of the arts of administrative and financial corruption operations that take place in the administration without deterrent, despite many letters directed to the Department of Public Retirement and Citizens Affairs in the Secretariat of the Council of Ministers to inquire, and the matter to the retirement departments in Erbil and Dohuk where lies the basis the problem.
In view of the ruthlessness and the length of this injustice that has lasted since 2009, we demand the Prime Minister immediately intervene and order the Department of Retirement to take urgent action to restore the stolen rights and equity of the family to pay the full amount accumulated according to the legal amendments similar to the salaries and maturities of the martyr Johnny and delivery to his mother in violation of the right and respect for the blood of the martyrs and their families.
The Acquisition of Christian Real Estate and Acts of Fraud
The series of acquisitions and rapes of properties of Iraqi Christian citizens continues and many bypass roads are ruled by fraud, threats and threats despite the Iraqi government issuing instructions and implementing measures to curb this phenomenon. Among the new samples in this regard, ADC received the complaint of the citizen Varkis McNisian Toros, a group of people took advantage of his desire to remove a tenant from his house and suggested that they are able to take such a step in accordance with the law, and took a fingerprint on the papers selling the house Instead, this is done on proxy papers to follow up the tenant’s evacuation exploited his old age and his confidence in the people and completed the sale of the property that he owns in the light of this fingerprint. The case is now before the courts and there is a lawyer who is being followed up by Mr Varkis. These people denied what they claimed was a fingerprint on the sale of the house. The ADC believes that what happened was a alleged fraud and fraudulent exploitation of this citizen’s age and inability to concentrate victim of this manipulation. ADC demands that the judiciary reconsider this case in order to realize the right. In the same context, ADC continues to follow the file of the acquisition of lawyer Mohammed Fawzi Jassim Rajab al-Bayati on the home of the heirs of the late Joseph Ghazi in the Salhiya area behind the Iraqi Foreign Ministry. The heirs are both brothers Michel and Fared Joseph Ould Joseph with their mother, who passed away a few months ago in Lebanon where they now live. Through the Iraqi Embassy, they met there in 2007 the lawyer acquired in their house and offered him in 2010 the sale of their property and granted him a public agency and all their required documents, and pledged to sell the house in the amount of five hundred and fifty thousand US dollars and signed with him a contract on 7/7/2010 , And received from him a sum of sixteen thousand dollars only, hoping to pay the rest in a short period, but that did not happen and found that he did not have any legal action to prove the sale of the property, and disappeared with them and their documents and so far. His brother was housed in it. Which forced the owners of the property to do the removal of the lawyer going over their house, as in 19/1/2011 and was informed the Directorate of Real Estate Registration in Baghdad. More than seven years later, the lawyer still dominates the house and the original documents of the real owners. Despite the fact that the owners of the real estate from the agency of another lawyer, but the lawyer acquires the house is still maneuvering and threatens the new lawyer and acts as the owner of the house, taking advantage of the presence of true owners Outside Iraq and unable to come because of their difficult circumstances.
Family celebrations such as marriage, baptism, condolences and graduation ceremonies. It is also one of the rare places frequented by Christians in Baghdad for family entertainment to get out of their homes and meet with other families and relatives. Sumer Club also provides work for a group of people in charge of managing it, providing the necessary equipment for its members, as well as employing a number of different service workers, all of whom are Christians displaced from the Nineveh plain and the mountains to Baghdad. The management of the club was surprised during 2017 by bypassing the investors and investing in the building and gardens of the club, exploiting the bloody periods of the sectarian war and targeting the Christians, which caused the club to stop after their bloody targeting and migration from various areas of Baghdad to the north and outside Iraq. But the club’s owners have not broken their duties, keeping the hope of returning after a lull. And this is what happened where they continued to pay the rent under the contract between them and the Municipality of Baghdad and according to the law. However, influential businessmen got an investment license near the club building to build a large shopping center. And they have exceeded the ambition to add the club and the space includes on their project. After the administration of the club to resolve their rights before the judiciary, investors are still preventing the return of normal life to the club and insist not to raise the excess of the establishment of concrete barriers at the entrance and the presence of heavy machinery and construction materials on the site, considering them the right to use their influence in the Secretariat of Baghdad. Although the judicial decision ruled in favor of the club, the authorities responsible for implementing the law did not take their role in lifting the excess. The over-trying side tries to intensify the attempts to intimidate and exert pressure on the owners of the club to make them abandon their source of livelihood and thus deprive society of this platform in the exercise of their social rights from the other side. Such practices are among the causes of encouraging migration for vulnerable groups, growing mistrust of state authority, and declining development by the private sector.
Violations On Ezidies
1 – According to statistical information for the General Directorate of Ezidies in the Ministry of Endowments of the Kurdistan Regional Government of Iraq, the total number of Iraqi Yezidi population in Iraq was estimated at (550000) thousand people before 2003, and the number of displaced Ezidies because of crimes and armed violence in the summer of 2014 generally reached (360000) thousand were distributed between the camps of displacement and neighboring countries and at least (100000) one hundred thousand to other countries of the world.
According to special information, a high degree of reliability in the Iraqi Ezidie population that the number of murdered in their ranks reached about (3000) victim, and the number of kidnapped by ISIS reached (6500), and other sad facts that there are now (2745) orphans of female and male.
According to the information, the terrorists ISIS are still in their hands with about (3050) people, and that (1650) of whom are males and (1400) females, and all these prisoners are unknown to this moment, and the number of mass graves discovered in Sinjar alone, according to the same sources to (70) mass graves.
2 – ADC received the news of the young Ezidie (Sheikho Nayef Qasim Hussein) to commit suicide, displaced in Camp (Bajed Kendala) belonging to the province of Dohuk and the people of the village of Dokri, North of Sinjar married and has a child, hanged himself on 5/3/2018 f or difficult psychological and living reasons according to the information, he and his family live in a tent inside the compound mentioned above four years ago.
3 – The Ezidie young woman (Rasha Khadida Hadi Alber) committed suicide on 13/3/2018 in the camp “Jim Meshko” with a rope hanging from the roof of the tent, which is inhabited by the village of Khanzour north of Sinjar, and resorted to this camp after the invasion of her village, She suffers from severe mental disorders because of the horrors due to ISIS crimes.
In spite of all these situations, women and men are Which will suffer their longevity Survivors continue to receive the necessary attention, neither in terms of compensation nor psychological, which disappoints the victims and their families and makes them despair of their lives and the disappointment they witness by their suicide.
4 – The killing of Ezidie displaced Abed Ali Khalaf Al-Samoki, who lives in Kirto camp for displaced people in Dohuk province on Thursday night 15/3/2018, after unknown gunmen shot him and were traveling in a car.
The victim fled and his family the village of Dokri North of Sinjar after being attacked by terrorist gangs, and resorted to this camp like hundreds of other Ezidie families.
5 – Still the fate of the young Ezidie Salman Khadida Haidar born in 2001 unknown and according to information received by an delegate of ADC. They had been kidnapped by gunmen and his father tried to search for him did not get answers, according to information received that the militants PKK (The Kurdistan Workers’ Party) were the ones who kidnapped him but did not verify the information received by ADC in this regard.
According to information, dozens of boys and girls were kidnapped under similar circumstances, but no names were confirmed.
6. On April 9, 2018, the body of Ezidie (Najat Berjis Deiban), aged 26, was found dead near Lake Khanki. The medical report stated that she died of drowning, a resident of the village of Khanzour, North of Sinjar, Khank, belonging to the province of Dohuk, and had gone to the house of a relative on 5/4/2018 and the reasons remain unknown.
Follow-up and standing in such situations are the duty of authorities, they must check in the area to reveal the facts of the event and to exercise the necessary measures in case of a murder to reduce such incidents.
7 – ADC received a tragic report on the fate of the family (Alia Berges Naif), which was arrested on 3/8/2014 and was eight years old, the number of members of the Yezidi family 33 people.
Aliya a female from a scientific family where the father was an engineer and one of her brothers was a student in the Faculty of Medicine level five and her brother in the second level in the Faculty of Engineering. The father was killed in front of her eye when they were arrested by ISIS because he refused to pronounce the certificate (acceptance of the religion of Islam). The rest of the men were killed when the terrorist called to separate the women from the men and they knew this through the sound of gunshots, they are residents from Tel Aziz ditrict (Al-Qahtaniyah) .The remaining family of women and children moved between al- Ba’ja district, Tel Afar district, Mosul city, Mosul city, and al-Raqqa city. They were sold several times … A high sister (Jilan) committed suicide when she was married to a terrorist man of ISIS by raped so she cut off her artery. Her other brother Nawaf, who is still in the hands of the terrorist ISIS, changed his name to (Hasan) after having brainwashed. The mother is currently with her brother, who was born during the captivity, and they are in Germany after the mother managed with her son to escape from the hands of the organization more than two years ago and waiting to join the high where they live with her grandmother, who is also captive when the terrorist,The number of people who have been liquidated from the family and relatives of this family (13), and the number of those who have been liberated (16), and the fate of (4) unknown individuals.The city of Sinjar and its villages are still in the rubble without any serious initiative by the official authorities regarding the reconstruction of what has been demolished and destroyed by ISIS and because of them and most of the people of the region are still in the camps because of the lack of housing and decent living there in addition to the security challenges caused by the situation Politically and economically strained between the governments of the region and the center.
Violations Of Sabean Mandaeans
The Mandaean component is exposed to a near-extinction situation in the country of their grandfathers, where according to recent estimates that the number of the remaining in Iraq does not exceed ten thousand people. And the repeated bloody targeting of their businessmen reinforced the sense of permanent fear justified the idea of emigration outside Iraq.
1 – The citizen (E.Z) a Sabean and residents of one of the neighborhoods of Baghdad – Karkh was subjected to the process of extortion on the background of the accusation that it was a witch between a husband and wife for a divorce between them, and the original fabricated story that the wife reviewed the citizen (E.Z) so he set up the magic according to the accusation and the husband was harmed by it , thus demanded the Sabean citizen to pay financial compensation to them and threatened to kill him if he did not pay this compensation. They opened the door to him one day and were waiting for him in front of him, asked him to come to the house to present the case and after lengthy deliberations they gave him a period of time and the return of his visit to his home accompanied by others who entered the line.From the arrangements of fabrication and extortion they brought him a person claiming that he is (Sayed) there must be a witness and documented to pay the ransom. In any case, the citizen (E.Z) was forced to pay the amount of five million dinars in compensation for the damage suffered by the husband according to the allegation and they promoted.
The citizen E.Z) revealed to ADC that he is a secular citizen who does not believe in this superstition. He also demanded that the people behind the fabrication process confront him with the wife who claimed that he worked magic for her they refused, he also asked them to know the husband’s name they also rejected claiming that the social assets do not allow them to reveal the husband and wife names. ADC, as recorded this incident, fabricated blackmail, it retains the name of the citizen Mandaean Sabean and the place of residence for security reasons.
2-The Mandaean citizen (M. H) was subjected to fraud and extortion. A group of people claimed that he had phoned his sister and tried to seduce her with a relationship.
In the incident, the Sabee citizen (M..H) received a telephone call of unknown telephone number for several times over the course of several days, forcing him to open the phone to find out who was calling. The surprise was the voice of a girl who had a relationship with him without having prepared it and on the second day he received a phone call from that group accusing him of calling his sister to offer her an emotional relationship with him, and that this represents a disgrace and that he must pay financial compensation to them otherwise his life is in danger, however, there were bargains between the parties that he agreed to pay compensation of three and a half million dinars against the closure of the subject and this is what actually happened.
Violations Of Baha’is
The status of the Bahá’í component continues to fluctuate because there are no legal executive contexts for the full recognition of the rights of this religious component as the Law No. (105) of 1970 prohibiting Bahá’í activity has been in force since the 1970s restricting Bahá’í religious freedom and registration as Bahá’ís despite the issuance of a letter from the Ministry of Interior No. 5441 on March 19, 2007, which included the lifting of the freeze on Baha’is’ records, this ministerial action clashes with Law No. (105) referred to above.
It is noted that there are so many Baha’is could not change the field of religion in personal status cards, and also have difficulties in registering marriages and births according to the Baha’i religion, noting that most of the rituals of this community take place in homes and there is not yet any official statistics of the number The followers of this religion in Iraq can rely on it.
As ADC points out, it recommends the following:
– Amend the article (26) of the Unified National Card No. (3) for the year 2016, in order to respond to the rights of Iraqi citizens to equality and non-discrimination stipulated in the Constitution and the Universal Declaration of Human Rights.
– Repeal of Law No. (105) for the year 1970 issued by the Revolution Command Council dissolved to prevent racial discrimination against the Baha’i faith, and re-registration of Iraqi Baha’i citizens according to their religion, and retroactively.
– Activating Article (372) of the Iraqi Penal Code (111) of 1969, or amending it to ensure fair implementation.
Situation of Human Rights in Mosul and Areas of Nineveh Plain
The districts of Mosul , Nineveh, Sinjar and Tell Afar are still fluctuating in terms of stability and security, with a relative improvement imposed by the return of displaced persons. However, this return is subject to the conditions that are most lacking. In detail, we refer to the following:
• The security situation: There is a kind of relative stability that is cautious, especially with the slow pace of reconstruction work, especially in the center of Mosul, which affects the psychological state of citizens and families.
• Economic conditions: lack of employment opportunities for young people and delays in the reconstruction and lack of compensation for the affected, all these conditions does not encourage the return of many of these young people with their families to the Nineveh Plain.
1 – Electricity: During November, it was noted that the electricity supply is shortened so that the electricity is processed for a period of (2-4) hours for every (24) hours or less sometimes … Noting that there is no light to the streets of the region, which creates a state of insecurity for the people.
2 – Fuel: There is a continuous crisis to supply fuel to citizens (petrol and white oil), especially gasoline, as the citizen is waiting for (3-4) hours for the purpose of obtaining gasoline because of the lack of processing petrol stations with gasoline, although there are a good number of fuel stations governmental and non-governmental organizations.
3 – Pure water: It is noted that the pure water despite being a little, especially in summer, because of turbidity (plenty of mud) the absence of complete filtering and sterilization, and the pollution resulting from the fact that the conveyor lines are old and the fractures occurring in water transport systems.
4 – The streets: There is no interest in the streets of Nineveh Plain in general and note the large number of mud, and bumps that affect the movement of cars and pedestrians, especially students while going to their schools where the mechanisms and equipment for the complete cleaning of the streets and the removal of waste from the neighborhoods and the accumulation of which lead to damage that there is a sense of permanent citizens in the hope of the lack of solutions to this issue or delay in the implementation of solutions, if any.
5 – Municipalities lack the full machinery and equipment to clean the streets and remove waste from the living areas, the accumulation of which leads to damage to public health. The youth of Mosul volunteered to lift the rubble and clean streets in the devastated right- hand coast.
6 – The departments affiliated with the Ministry of Health (hospitals and healthcenters) complain about the lack of medicines and medical devices, and consequently the lack of health services.
7 – Exhaustion of the citizen many requests by the State Departments and the simplest treatment needs to support the housing of the chosen, and possible the citizen to be forced to bring (3 – 4) resident approvals for a very short time and this led to exhaustion of citizens
8 – Not to notice any interest from the state regarding the burned or destroyed during the liberation processes, as well as the reluctance to compensate the citizens for what they lost during the occupation of the terrorist ISIS of their areas.
9 – Offices of Estate Registeration are still closed in Nineveh Plain, which delayed the completion of compensation transactions for the affected houses with the reduction of sales and purchase of real estate.
10 – Lack of availability of certain departments in Nineveh Plain, forcing citizens to go to the center of the province to complete their transactions, which increases the burden on them and from these departments:
A- Traffic Department to complete the transactions of car transfer and issuance of driving licenses.
B – Passport Department It is possible to open a branch of the Passport Department in the district of Hamdanyia.
C – To open a branch of retirement department in the district of Al-Hamdaniya, because the beneficiary group of former employees and dependents of this department are elderly or retired due to satisfactory reasons or widows and their numbers are not few.
D – Cancellation of the Agricultural Bank / Al-Hamdaniya Office after the liberation of the judiciary and its re-incorporation in the agricultural bank in Mosul.
11 – Through meetings with citizens of minorities it is noted the lack of confidence in the achievement of social stability by the Iraqi government, which generated the desire of Christian and Yazidis families in the search for safe places outside Iraq where the orientations , ideas and plans of more families are heading towards migration and this percentage may reach to 55% of Christian families due to lack of guarantees of future security stability, or currently lack of provision of services by the state needed by the family. “The conclusion came number of villages and cities for their presence.
12 – There is a slight improvement in the relationship between the Christian component and the Shabak component, where no new problems were detected, which appeared at the beginning of the return (such as harassment and ill treatment by the security controls) and we emphasize here the following:
A – The need to find directions for not marginalizing a component against another.
B – Respect the privacy of each component, which leads to increase confidence in the deal between the components.
C – The necessity of decisive guidance to stop the processes of demographic change, which is one of the most complex topics that lead to the creation of crises between the components of the Nineveh Plain and the need to preserve the specificity of each region based on the history of the region.
13 – Schools in the region and the governmental school in particular complain of a shortage of teaching staff, especially in the final stages, which led to the encouragement of the opening of private schools, although not all families can send their children to the civil education for the weakness of their material potential. This has led to a decline in the level of government education.
14 – The buildings of some schools complain of the existence of some deficiencies such as doors and glass, in addition to the lack of electricity during the work, causing obstruction in teaching, especially in the winter for lack of natural light in the early hours of work.
15 – Lack of the white oil for heating and supplies to some schools does not meet the need to warm students and protect them from the cold winter. As well as the failure to provide schools with drinking water filters, where students are forced to drink water that is not used for drinking.
16 – There is no plan of action to prevent pollution and protect the environment, especially in regard to beautification of the area in general in terms of gardens, streets and parks, which provide a psychological and recreational atmosphere for most families, especially for the children, which discourages many families to return or stay in such areas.
17 – ADC has received monitering that the province of Nineveh, has witnessed a number of human rights violations that need to be addressed by the necessary field treatment. The delegation of the organization was in coordination and cooperation with the Ministry of Labor and Social Affairs, which sent a delegation to participate with the delegation of the organization in presenting two seminars in Bartala and Hamdaniya districts, and on the third day was the meeting in the city of Mosul, in addition to the relief mission carried out by the delegation of the organization to the University of Hamdaniya and gave there relief materials for the students of the internal departments of the University.
On 20, 21 and 22 March 2018, there were series of seminars, meetings and field visits to a number of official circles, shrines, churches and religious and archaeological landmarks in the province. In conclusion, the delegation of this extended round of observations could include:
– There is a delay to the extent of failure with respect to the timing of the completion of the transactions of some social welfare.
– Citizens interviewed by the delegation of ADC cited suspicions of clear corruption in the architectural and service work needed by the province, but all those who cited these suspicions did not provide conclusive evidence on which to base charges.
– The delegation of ADC found that the domestic water services for the residents of the areas visited by the delegation are still below the required level and that there are fears of epidemics and special diseases in the summer and the fear of the spread of cholera or typhoid. Doctors, medicines and other medical supplies.
– There is great suffering for the people of the right side of the city of Mosul as the size of the destruction is very large and there are in fact neighborhoods on this side of the city is no longer displaced from them so far.
– Nineveh province has so far lacked a rehabilitation program that achieves transitional justice and works to reintegrate the social community in order to promote a sense of security and solidarity among the people of the province in various affiliations.
– ADC observed the phenomena of vacillation among some young and adolescent elements, especially in Bartala and Hamdaniya, a situation that reveals in one way or another violations of the social values that should prevail. In the framework of this, several Christian girls and women were harassed by these reckless and most of them Of Shabak youth without any punishment.
– The piles of waste and the remnants of the battles are still a daily phenomenon in most of the towns and cities of Nineveh province and the municipal agencies complain about the lack of financial allocations as well as lack of mechanisms.
– The Directorate General of Education in Nineveh Governorate does not yet have mechanisms for the rehabilitation of the students and teachers who were attending school in the schools that were supervising their administration.
– The security fear continues to rule the majority of the population of the possibility of mines and exploded devices has not yet been disclosed and lifted.
– Nineveh cities, towns and villages are in dire need of organizing meetings, seminars and open-air dialogue sessions in order to provide new convictions based on a suicidal defeat of ISIS and elimination of the obscurantist ideas that they tried to pass on to the people of this province.
– The ADC confirmed that the general social situation in Mosul and in the towns and villages of Nineveh province is in dire need of social initiatives from the Muslim population exclusively as sincere steps for reconciliation and restoration of trust. It seeks apologies to Christians, Yazidis, Sabean Mandaeans and Kakais and other minorities who have signed and suffered Which are unprecedented in the name of Islam, and because this would purify the souls and open new pages in the national relationship between all Iraqis. We have evidence in the modern era of what happened in South Africa after the fall of apartheid.
– Information is traded but not documented on the existence of antiquities, (antiques) and historical documents, “manuscripts” looted from archaeological sites, churches, monasteries and shrines, and there are people who keep them, or they leaked to traders who deal with such assets and that these losses need social campaigns and cultural return to the places that were stolen from them and suggests the HADC to award prizes to all those who take back the antiquities.
– During the period when ISIS imposed control on the city of Mosul and a number of cities and towns of Nineveh province, the sale of real estate at cheap prices or fraud, and ADC recommends that Nineveh Council to take action on this to ensure that the sales are correct and satisfied sellers and without pressure from or otherwise, and to take judicial action that would bring justice to that.
18 – ADC has learned that 70 bodies of civilians from the Al- Maydan area of Mosul had been recovered during the crimes committed by ISIS for about a year.
19 – The martyrdom of 20 people and a large number of wounded in the village of Sedayrah of the district of the Shirqat and the tribe of Ayyash from Jubour, in a quantity set up by the remnants of ISIS on Thursday 12/4/2018.
20 – Sources in Nineveh governorate reported to ADC that a checkpoint for the popular crowd, Kokjeli control, witnessed heavy shooting at 12 and 10 minutes on Saturday 12/5/2018 on the day of the parliamentary elections.more than “120” car was waiting at this point to leave their vehicles and protect themselves with concrete barriers to protect themselves and their children. The reason for releasing this density of bullets was unknown.
Reconstruction of The Aftermath by ISIS
Christian Solidarity International (CSI), has been and continues to be the leader in the distribution of filters. Where each house was provided with a drinking water purification and desalination systems. In the year 2018, CSI distributed (1330) drinking water system (filters) in the areas of Bartela 308 system and Karamlis 162 system and Hamdaniya Center (Baghdada) 835 system in Baghdad 25 system, with the support of Christian Solidarity Organization (CSI) thus the total number distributed during the year 2018 and 2017 was 2000. The Church of St. Adday distributed only 200 systems. In Telesque, the French organization SOS has been distributed to a number of families as well. It seems that there is a need for at least 6000 other systems only for returning Christian families. If the Yazidi villages are covered in the Nineveh Plain, the systems need more than 25,000 systems.
In cooperation with Qaraqoush, has been implementing a number of projects, such as lighting the streets of Al-Hamdaniya and Karamlis, as well as the project of placing bumps in the streets of these two cities to control the speed of traffic in places required for speeding, from schools, hospitals, markets, etc., as well as the project of processing areas in the Nineveh Plain with the necessary traffic signals, on the relief side distributed (1330) filters of drinking water in the areas of Bartala, Karamlis, Hamdaniya and with the support of (CSI) also assisted the students of Al-Hamdaniya University who are living in the interior with cleaning materials, water filtering systems, blankets and towels, improving the library of the university. Cooperation with Zakka Khan Foundation in the reconstruction of 70 houses that were partially destroyed in Hamdaniya, Bartella and Mosul,as it continues to rehabilitate other houses, with the support of the French Organisation d’Ophrodarian. A field study has conducted field statistics on the return of displaced persons to their areas in the Nineveh Plain, especially the Hamdaniyah and Tilif districts until December 2018.
ocal and international organizations contributed to the reconstruction of (50%) of the partially destroyed houses amounting (8217) and 15% of the burned houses amounting (3521), and the completely destroyed houses by ISIS are still without reconstruction amounting (1233), of category A because in need of great money as well as the preparation of the houses that has been reconstructed from the organizations working on the ground in the region and the organizations contributing to that, and according to the details below, which explain the number of houses covered by the rehabilitation:
1. Number of houses (70) in the Nineveh plain and Mosul.
2 – Organization of support to the needy Church number of houses (82).
3 – The French Save the Christians of the East organization number of houses (52).
4. The German Kabini Organization Number of Houses. (70)
5 – The American Operation Blessing International number of houses. (10)
6- Samaritans USA Organization Number of Houses. (10)
7- The Syriac Catholic Diocese of Mosul Number of Houses. (71)
ADC received information indicating a severe shortage in the number of educational staff of the Department of Hamdaniya Education of the Directorate of Nineveh Education, amounting (769) staff teaching and at different educational level primary and secondary, mostly Christian component causing a severe shortage of educational and specialized staff of the schools of justice, which led to a significant decline in the educational level and reduce the success rate for the academic year 2017/2018 ,the source said that the shortage is due to the departure of (435) of educational cadres their jobs and emigrating out of Iraq after the forced displacement due to the terrorist gangs of ISIS and retired about 144 cadres of these staff and took (60) others were in holiday leave for a period of (4) years after getting their salary, without compensation until now despite the issuance of an order from the Council of Ministers the under No. 86 on 6/3/2018, which includes the approval to compensate for this shortage of grades on the migration of the employees of the Christian component each according to his district although the issuance of instructions for the establishment of administrative units in Nineveh province based on the recommendations of the Committee to study the criteria for changing the administrative units (villages and districts), including the Nineveh Plain by the General Secretariat of the Council of Ministers / Council of Ministers Affairs and Committees on 13/3/2018.
The mechanisms of activation of these instructions issued by the Ministry of Planning / Department of Regional and Local Development – Department of Local Planning to the provinces and the Council of the provinces did not achieve anything but written correspondence only. This increases the instability of the Nineveh Plain areas and makes the community, economic and security situation in them not encouraging for the forcible return of all displaced persons to their areas. Natural disasters exacerbate the conditions of the camps where the displaced are confined.
The floods of Nineveh and other provinces have revealed the fragility of the infrastructure in, as well as the weakness of the departments of Nineveh municipalities and civil defense departments with the lack of mechanisms that have weak financial allocations for the possibility of dealing with natural disasters of this kind and thus caused heavy rain that hit the province and a number of residential areas on the right and left side of Mosul were drowned.As a number of residential neighborhoods on the right and left side of Mosul to drown and because of that sank most of their property, and swept the floods a number of camps as a result, most of their properties were sunk. Floods also swept a number of displacement camps south of Mosul in the area of Hammam al-‘Alil and al-Hamdaniya causing hundreds of tents to fall forcing inhabitants to remain hidden under the rain and trapped without care or relief for two days in some areas for lack of access.
Both Hammam al-‘Alil and al-Jad’a camps in Al-‘Alil have been hit by more than 500 tents, and the Salamiyah and Al-Khazar camps have been the same. The road between Erbil and Nineveh governorates was also cut off due to the road erosion in some of some archery which constituted a major obstacle to the arrival and transit of trucks and trucks to and from Erbil.
More than one government official or civil or international activist stressed that solving the problem of the displaced in these camps is not only to repair the camps, which were built in low areas without the risk calculations that occur in the event of rain and floods, and that the tents used are outdated for use, which has reached three years, but to speed up a solution to them by returning them to their villages, and believes that the main reason for the return of these displaced people is a political conflict and security more than other reasons. The inhabitants of these refugee camps are paralyzed by a large number of families, some of whom were involved to ISIS.
Still (11) Arab villages in Al-Hamdaniya district live outside their villages without being allowed to return, and most of the inhabitants of these villages live in the camps of displacement located next to their villages in difficult humanitarian situations, and the continued survival of these without finding a solution is one of the challenges Stability and community reconciliation in the judiciary.
Sources of ADC monitored confirmed information about the injustice that has occurred since 2015, on some teams and units of the security services, such as the army, police and others, where their financial allocations were cut without retrieval under the pretext of what was called “reform.” This is the case of the special squad, whose men are not only in the service of protecting the prime minister, but also participated in and participated in confrontations against ISIS. To this day, their military sectors are present in hot spots like Kirkuk and others.
The sacrifices they make for the country and the return of their full rights, including their cut allocations, should be considered, as is the case with former ministers whose salaries have been paid since 2015, 25% for some and 80% for others. Employees in the case of harming their salaries and not employees when there is anything in their interest.
In light of all the difficult conditions experienced by the Iraqis, and at the time they are in dire need of the contributions of civil society, active civil society organizations are exposed from time to time to measures impeding their work by governmental or semi-governmental institutions by applying vague provisions contained in Laws or instructions under the guise of compliance with the law but exercised arbitrarily.
For example, the Iraqi Credit Bank closed the accounts of all the clients of the bank of civil society organizations in December of 2018, under the pretexts are flimsy and incorrect at all, framed not to provide information and data on transactions, while providing customers what is required of them, especially some customers have a period of more than 15 years dealing with the bank without causing a single note about their financial situation. The Bank refused to provide clarifications on the sources of the instructions or laws on which it was based, and only closed the accounts to its clients from NGOs in a systematic manner far from any sense of moral responsibility towards its clients. What is the reason for the disruption of projects of organizations for long periods until the reopening of accounts in state banks. However, the opening of new accounts for civil society organizations in government banks is hindered by long and complex administrative procedures, including the demand of civil society organizations for the validity of issuing their registration certificates to the NGO Department of the General Secretariat of the Council of Ministers, as well as the ratification of internal regulations and electoral records and others.
The issue of bank audits of civil organizations under the pretext of anti-money laundering has recently emerged. All these measures and procedures prevent civil society organizations from carrying out their activities or delaying them and the victim before any other matter, the citizen who is expected to be merciful in his long suffering. Such practices, whether they are governmental or non-governmental, whether directly or indirectly directed by the government, which impede the freedom and independence of the work of civil society organizations, as well as restricting their sources of funding. The State is responsible for the negative consequences suffered by citizens in various harsh and destabilizing conditions in the country.
The weakness of the municipal departments and civil defense departments and the lack of mechanisms and financial allocations to deal with natural disasters as well as the treatment of waste that harm the residential environment, especially in the popular areas in major cities including Baghdad. ADC delegates camera registered the rubble around the sports arena, which is the only facility for the youth and children of the region of Al-Nairiya, where not only robbed the health of the population, but the cultural image of the city of Baghdad.
So we call on the Mayorality of Baghdad to follow up this failure to issue strict instructions to impose fines for those who throw waste outside the containers allocated for it.
The Human Rights Condition in Basrah Province
Violations and suspicions of corruption, negligence, and the spread of inter-clan disputes, as well as among religious political parties.
The situation in the province of Basra is likely to lead to more tensions because of the absence of a detailed plan realistic and clear and applicable to address the economic, social and political problems experienced by residents of the province, with a wide margin of human rights violations that affect many segments of society, especially poor social groups and low- income earners generally and in detail in monitoring. It is important to note the following facts:
– Basra Provincial Council lacks the courage to meet demonstrators and listen to what the
leaders of these demonstrations, it is noted that the provincial council focuses only on the
warning against harm to government offices.
– According to the information of human rights activists that the suspicions of corruption and lamentation and shortcoming behind the delay of most public service projects, and that some members of the provincial council involved in this, but lack clear documents on what is happening of those suspicions.
– Tribal conflicts and religious parties dominate the capabilities of the province, noting that these conflicts have caused many inconsistencies and solidarity among officials there in the face of the dilemmas experienced by the province.
– The special areas of ports need to be organized and accelerated to reduce the accumulation of goods and the general commercial transport traffic from those ports to the Iraqi provinces in general.
– There are many promises to reform, but the problems lie in their own applications, and these problems is the unemployment and in continuous increase between most of the population of the province.
– The thefts and encroachment on public property, in addition to the spread of phenomena of drug trafficking as well as phenomena of prostitution, and even the sale of children and trafficking in women, but the ADC could not obtain documents to prove this information, sold for two million dinars while the child (white) sold three million dinars and this represents a return to re-strengthen slavery to undermine the human dignity, which can not be tolerated as long as the value of the human being the value of a commodity!
– Unfortunately, in these internationally and nationally condemned social phenomena that still control the behavior of individuals and groups, they are still entrenched in the traditional reactionary minds. It is so far forbidden to offer a citizen of the skin to marry a white woman while the opposite is permissible but in marriages the reference was made to the acquittal of a prophetic speech narrated by al-Bukhaari only: “Do not marry black Negroes, they are a deformed people.”
– Basra and the whole of Iraq have not witnessed the rise of a black-skinned citizen to a leading career center in government institutions, despite the existence of competencies among them that can serve as other components.
– There are black-skinned citizens who have been displaced in their areas and have been cut off from their jobs. So far, there is no complete list of names, but ADC has promised to provide a list of this kind.
– Human Rights activists were subjected to the threat of death and other threatening pressures on the pretext of accusing them of employment to the United States of America. In this regard, the citizen (Maytham Mohammed Jassim Mubarak) was threatened by the leader of the movement of Sayed Al-Shuhada (Hussein Rahim Gholami) the threat was to him and to others who are, Salah Rakhis, Anjood Lutfi, Hanadi al-Mohamadawi and Hussam Qais Obaid via the Internet just because they and other human rights activists interviewed the US consular representative in Basra, Timmy Davis.
– The reports prepared by the High Commission for Human Rights lack reference to the population component of the dark skin, where they meet the characteristics of the minority and the need to include the rights that protect the Iraqi minorities. According to information received by the ADC, the citizen (Khaled Abdel Wahid Kharim) is still being subjected to the violation of the persecution and threat of a religious political movement. He is a human rights activist and has many relief and rights contributions.
Assassination of the civil activist Suad al-Ali, head of the Wad Organization for Human Rights, and the injury of another person accompanied in a street in Basra on 25/9/2018. Known for joining the demonstrations demanding clean water and services, which swept Basra in July. In the form of the maximum forms of violence practiced in light of the proliferation of weapons away from the hands of the state and the law.
This crime comes under conditions of concern and public threats to activists, demonstrators and human rights defenders by some politicians and accusing civil society organizations of the recent sabotage occurred in Basra recently, and puts them in constant danger of such practices aimed at impeding the protest movement community demanding punishment of corrupt and improve the basic services and the level of living citizens.
The girl Zahraa Khaled Abdul Maaboud was exposed on Tuesday 18/12/2018 to the racial reprimand by the teacher Basma, she called (Sakhla), meaning (goat), because she is a component of Iraqi and owners of dark skin.
The incident took place during the official working hours and at Akka primary school in Umm Qasr in the province of Basra. The teacher Basma used this speech in front of the students openly and without any respect for the human value and the children. The father of the girl Khaled Abdul-Ma’bud filed a complaint with the Human Rights Commission in Basra, expressing the abuse of his daughter. According to information received by ADC, the teacher Basma used to use negative words against the students and claims that she is strong and not afraid because her husband is an educational inspector of the school of Akka and other schools in Umm Qasr.
Human Rights Conditions in Anbar Province
ADC has followed the human rights situation in Anbar province and the information obtained by the organization about these situations can be summarized as follows:
First: there is a relative improvement in the issue of public services, but in any case, the improvement is slow, due to reasons related to some of the financial and administrative corruption, which there is no plan in the comprehensive response.
As well as the reasons for the slow pace of services and the disparity from one region to another and the existence of tailors of this official in the provincial council and therefore the percentage of completion in this district or that, as well as on the aspects and districts in the province.There are those who see the lack of financial allocations as a barrier to launching a comprehensive service campaign.
Second: Unemployment is still aimed at a clear weight on the economic and social conditions with the large number of university graduates and institutes are without work, and on other economic conditions, the general economic activity in the province dominated by the service economy, because of Anbar’s lack of an integrated agricultural and industrial investment plan.
Third: Regarding the return of displaced persons and immigrants to their areas of residence, in fact, there are five reasons given by the ADC:
1 – According to the classification of the tribes are some of the displaced families (required blood), because their sons were among ISIS and some of them have committed crimes of murder and robbery and other crimes, and therefore, the families of these terrorists are afraid to return to their homes because they fear retribution, especially with acts of revenge, and therefore preferred to stay in the areas of displacement and some of these families in Baghdad and other in the Kurdistan Region.
2 – There are many displaced families lost their homes as a result of destruction or military operations in general, and can not rebuild for financial reasons and the absence of compensatory compensation for reconstruction.
3 – Some displaced families preferred to stay in the areas of displacement because the interests have become there, and changed their situation towards the better and therefore do not want to return to the areas from which displaced.
4 – The governorate generally lacks what attracts young people from sports, cultural and social activities, which made the situation of youth in general difficult to live continuously.
5 – There is frequent information about the presence of dormant organizations in some liberated areas, which may have caused security breaches, and some residents have transferred to us the need to intensify the intelligence effort to detect these elements.
Punishing the Criminals and Non-impunity
ADC followed the movement of the Iraqi government in the follow-up of the crime, especially acts of terrorism, as it found that the court proceedings are slow, and noted that the statements of the Iraqi Minister of Justice Haider Al-Zamili, published by the Shafaq News Agency, there are dozens of decrees for those convicted of executions were not carried out for technical reasons, That the total number of decrees in respect of those convicted of the anti-terrorism law and not implemented until June 29, 2018 is only (64) only, adding that the reasons for suspending these decrees are either to be presented to the Amnesty Committee or to retrial according to legal procedures.The news agencies have announced the execution of (13) convicted of terrorism on June 28, 2018, on the orders of Prime Minister Dr. Haider Al-Abadi, and media sources said that the Iraqi government carried out the death penalty hanging by (111) sentenced at least in 2017. With the start of 2018 the execution of (13) people, including (11) convicted of “terrorism” but it is clear that these very violent operations, unfortunately not the last ones, will only achieve something that has created a culture of violence in Iraq and will lead to more violence. It is therefore necessary to rethink the death penalty, which is the main source of violence.
ADC continues to believe that the death penalty did not contribute to changing the level of crime in the history of Iraq, but exacerbated the issue and described Iraq among the most violent because of its continued execution of the death sentences without resorting to alternative methods such as life sentences, That is, the criminal, but by a more humane means of systematic murder. The fact that the number of executions against the death penalty should contribute to reviewing cases in some cases is not worthy of this very harsh judgment, but there could be victims on charges that do not rise to the death penalty. Therefore, in the hope of moving forward towards building a more peaceful country and developing more respectful mechanisms for the right to life, we reiterate our calls for the abolition of the death penalty and the reform of prisons, where they bear the practice of perpetuating freedoms in a way that is immune to those who committed crimes deserving of that judgment. Whatever the circumstances have passed. Prisons trample and sufficiently challenge the humanity of the human person in addition to the abolition of his liberties. In accordance with international conventions, national constitutions and the laws of countries that are members of the United Nations must be adapted to the spirit of international conventions on the protection of human rights. Even the condemned to death according to the laws of the situation, has the right to be given death with dignity, ie as human beings and not as part of the waste. ADC sources also provided information on the conditions of prisons from within need to be reviewed and the attention of the state because the provisions differ and the objective of the prisons is to reform and not enable time bombs for post-release. It is impossible to remain silent about the practice of psychological and physical torture in prisons because the person being detained is being removed or deprived of his freedom and his humanity is violated. There is no greater punishment than this. Therefore, the dignity of the person must be preserved under any circumstances.
It is true that the perpetrators of crimes against humanity war crimes and crimes of genocide, such as ISIS and their partners, those who have been subjected to the lives of millions, murder, slaughter, demolition, displacement, enslavement, etc., are unforgivable, despite the magnitude of the damage and the atrocities caused by acts of terrorism.
The radical solutions do not come from the practice of death sentences, but rather from an approach that contributes to the reform of the human being with a new mentality and the spirit of responsibility towards his country, starting from enabling mothers and fathers to change their discriminatory view of the sexes and raising their children education based on the values of respect and equality in addition to changing the curriculum by deleting each word was made to violence and renounce the other. In principle, the judiciary is the last resort for any citizen under the law. Therefore, we demand that the judiciary uphold its independence to uphold the foundations of justice and security in Iraq under the rule of law.
The Importance of The Role of Clans
We call upon the respected tribal groups not to become alternatives to the judicial authority in issuing the verdicts of justice, but rather to assume their leading role in providing their societies with values of understanding, solidarity and resolving disputes by dialogue away from the economic exploitation suffered by the concerned parties, as in the tribal chapter.
This is for the continuation of the communities in a peaceful coexistence that is attributed to the wisdom of the wise men in the tribes involved in their issues, which may deserve reconciliation by simple meeting or human agreement, which is intended to calm the souls during negative social situations and to accompany societies in establishing the spirit of brotherhood and advice and mutual respect between the segments and the reconstruction of people from these communities and everyone under the rule of law. ADC is convinced that the law in the hands of the judiciary and the arms of the state can only be more civilized, peaceful and secure towards a complete exit from all crises. These gains (security and peace) are considered to be one of the most basic human rights and are being shaken by chaos.
Trafficking in Human Beings
The text of the Anti-Human Trafficking Law No. 28 of 2012 appears to be fragile and does not respond to the needs of this crime. Many lawmakers are demanding that it is to be amended or replaced by a new law, because it is not possible to deal with human trafficking. The worst thing is not to recognize the existence of human trafficking crimes clearly and to seriously seek to address this serious phenomenon by:
– Preparation of qualified cadres with high capacity after the introduction of training courses in the work of treatments.
– The establishment of dedicated and independent places for them. To date, it is noted that there are anti-trafficking sections within the police station buildings, and this affects the privacy of this crime and the informants and the confidentiality of the victims.
– Specialized judges should also be appointed to deal with human trafficking cases and to adapt the crime as trafficking in human beings that is not adapted as a crime of kidnapping and extortion because it affects the legal status of the victim.
Thus the current law is unable to deal with the phenomenon of human trafficking, neither in terms of the legal adaptation of the crime nor in terms of sheltering them.
With regard to crimes committed against migrant workers, the crimes of trafficking in persons of various kinds are committed against them, where they are trafficked after the seizure of their passports and then their sexual exploitation and the imposition of additional burdensome work for them. The problem facing migrant workers does not recognize crimes against them as a crime of human trafficking, but considers illegal entry into Iraq and illegal residency because there is no visa or residency, while in fact there is a visa and residency but their passports were seized and then provoking and trading them and exploiting their poor legal status. And this is what happened in some areas of Basra and other Iraqi cities where Filipians coming to work through Erbil have been seized their documents. All this is considered a very serious violation and the concerned authorities must be concerned to find an end to this inhumane treatment.
Prison Conditions and The Role of Juvenile Reform
Since ADC delegates did not obtain permission to visit the adult prisons, which were sent to the Ministry of Justice in 2018 and still remain unanswered, the organization followed the harsh inhuman conditions prevailing in prisons by following media and international reports such as Human Rights Watch In 2018 different stories that we heard from detainees and former prison human dignity does not accept images of the ransoms conveyed by the media over the past months regarding the state of prisons very negative, and the need for more humane conditions, and subjected prisoners to various kinds of torture. While in 2008 Iraq ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which entered into force on 26 June 1987 in accordance with article 27 (1) and articles 13 and 14 of this Convention, gives victims and their families the right to file complaints with the courts fair compensation.
Visit Juvenile Prisons
A delegation from ADC visited in May 2018 two houses for the reform of juvenile (male and female) in Baghdad after obtaining the approval of the Minister of Labor and Social Affairs. The organization noted that although the management of the house of reform seeks to achieve the desired reform of the guests through the provision of a sufficient number of social researchers and specialists in psychology and legal and rehabilitation specialists, but there are challenges facing the administration, including the lack of space and incapacity to be a home for the rehabilitation of juveniles, arrests on various charges. The inmates are all divided into two rooms, one of which is reserved for 20 female girls, who are juvenile girls, and the charges against them range from forgery, sabotage of state property, terrorism, theft and human trafficking. The courtroom of 21 women, ranging from 3 to 10 years in prison, as well as those with other charges such as drug abuse and abduction, the organization noticed that the beds are stuck together because of the tightness of the place, as well as the fact that it is the only place to spend the whole day. The courtyard in front of the prison rooms is only a few meters away, and the only place where the guests can eat their food. Therefore, the process of mixing innocent young children who have not committed a sin, which is a matter of concern of ADC because these children separated from their mothers in prison or who with underage girls and their mothers because of them these children suffer prison, while not committed any crime. ADC showed the respect for the rights of children as possible to embrace them in various ways instead of prisons,and that the process of mixing there are 49 offspring of minors minors and prisoners according to different provisions in addition, six children were transferred to the house after they had completed the legal age to be separated from their mothers in other prisons after they had passed the age of three years, which is the legal age for admission to the juvenile prison. Hamorabi’s delegation also noted nine-month-old babies who accompanied their foreign mothers, who were convicted of various crimes such as terrorism, drugs, prostitution, forgery, theft and kidnapping, would have a negative impact on children and some minors in terms of indoctrination, stimulation and brainwashing.
ADC’s delegation also noted that the necessary supplies for the development of craft skills are insufficient and the space allocated for this area is small, not more than one room for training skills such as sewing, knitting, drawing, making roses, chandeliers, vases and beads necklaces. The organization also found that there is a lack of a library containing books and stories suitable for their ages, as well as educational and educational films that they can use in education and education to suit their age.
The delegation listened to the stories of many Iraqi and foreign women prisoners, (wives of ISIS) who found that there were those convicted of terrorist crimes, including a German girl, two Russian girls, two Azerbaijani women, three Turks and three Uzbek girls. These girls lived in the same halls and places for the other girls who were victims of the various crimes. Continuing compulsory education to the sixth stage of primary education where inmates are taught at the school government curricula in addition to Islamic education and are transferred to the performance of examinations in public schools and this is for the primary stages without the Middle and high school and all guests are covered by education.
As for the health aspect, the prison director said that the Ministry of Labor and Social Affairs has provided doctors in various specialties to follow up the situation of the inmates. There is a dermatologist and a psychologist who visits them one day every two weeks and an internal consultant who visits them one day a week. There is a dentist and a gynacologist who provides treatment one day a week, The drugs were given to the guests by Ragiba after they were allocated by the doctor.The officials in the house and guests have a shortage of medicines, especially medicines for chronic diseases and treatment of sugar and thyroid gland and regulate hormones and menstrual cycle and treatment of women’s infections etc. The organization also followed the nutrition issue and found that what is offered is acceptable. It includes chicken and meat with rice twice a week but requires an increase in the proportion of vegetables and fruits for the need of their bodies to the necessary vitamins.
ADC noted that although the home is available to the inmates in education and the practice of some handicrafts and sewing things, it is in a confined space as mentioned above, and the opportunities for entertainment are weak and are very needed for psychological treatment, especially the importance of allowing guests to follow some programs and it was noted that the availability of such an opportunity for them is very weak and limited to some television programs vary between cartoons for an hour and a news and a series of hours and others under the supervision of the sergeant only.
The organization noted that the place is not suitable for achieving the real reform of female inmates. The place does not conform to the title as a reform house because of its narrow space. This does not allow for an appropriate environment for the development of sports skills, craftsmanship or other educational activities. also not suitable for mental health, as the building does not have the minimum conditions required to repair events..
The house of reform for male juveniles was visited by a delegation from ADC. The inmates in this house are displaced persons who are taken from the streets in different parts of Baghdad and the rest of the Iraqi cities. The number is 49 inmates, who are in elementary school, The delegation was briefed on the final graduation certificates for eleven students at very good levels.It was also noted that the reform house for males is better in terms of space compared to the female house, whether it is compared to the courtyard or courtyard in front of the guest rooms where there is a better space for young people to walk, as well as the existence of a beautiful football field built by one of the international organizations. ADC noted the presence of seven students waiting for the ministerial exam for the sixth stage of primary school. The intermediate stages include classes outside the home attended by students under the supervision of two people from the house, accompanied by them back and forth.There is a staff interested in the side of the residence for guests, where from the first arrival are divided into age groups that there are many rooms and in the building three floors. They are also given cleaning materials and balls, and they hold educational, educational and sports activities within the context of age distribution and receive in-kind donations from donors directly to the home.The cups and tournaments won by the male events are numerous. There is a very good interest in the sports side, and on other wall paintings, the delegation noticed the pictures of the sports teams and graduate students and the nature of the work they perform from some handicrafts and pictures of different sports teams, the officials stressed their interest in the health level, where dermatologists, psychologists, dentists and dentists are staying at the hospital every week once every two times. The official said that a medical assistant is required to be admitted to the hospital. After giving the medication prescription by doctors, medicines are given at the time by a counselor for all patients to avoid misuse by juveniles.
Reformative House Demands
– The need to establish training courses and workshops for the staff to develop work in the prison sector for juveniles.
– Opening a hall inside the house for simple electronic games.
– Electronic devices such as a data display device (Data show) are needed for the purpose of broadcasting culture and films that help correct events
– They also need books and magazines educational and cultural suitable for the ages of visitors to provide programs and races with topics helping them to think and try to reform their behavior
– The need to create employment opportunities after the end of the sentence of prisoners and release them to avoid their return to the street because of the sources of livelihood and end the image of homelessness, which occurred in children for many social, security and economic reasons.
The delegation interviewed samples of a number of male juveniles through special meetings
held with the inmates:
– Amir Nihad, 15 years old juvenile from Baghdad, lost one of his hands due to bombing of a terrorist and underwent surgery in his abdomen by the Americans .His family did not visit him in the Reformatory, and does not know where to go later, and if there is a fortune to find a job to survive?
– Ali Kathem, from Maysan said: I fled because of bad dealings of my parents, and that the only help he asked was to see his family.
– Sajad Abbas also wants to see his family.
– Mustafa Kathem Mohammed, and according to his words today was his father on the way to get him out, but unfortunately died by very severe accident and no alternative to take him out until now.
– In a comprehensive show the need to change the female house and rehabilitation of places and accessories of health in the section of males is imperative.
– There is a need that the staff should contact the parents of the inmates to re-establish normal relations between them and their relatives.
Missing and Forcibly Disappeared
ADC followed up the case of the missing, disappeared and forcibly disappeared. Its delegates met with many of the families of the victims who asked ADC to document their suffering. Ways to help them by supporting and urging the Iraqi government to organize the file of missing persons and seek good governance to manage their affairs and to allow them access to their rights.
To illustrate the suffering of many, the organization has documented many stories, including the story of ( N, M, C), which he narrated and the signs of sadness covering his face, hiding his tears in his eyes, even though his suffering coincided with him since August 21, 2006, when the crime of kidnapping and disappearance of his father and his sister’s husband, They raided his house in the town of Gadad and the house of his close sister at 7 pm. The gunmen put their faces on the faces of them, and they took the cars of (Blaizer, Daewoo and Toyota Crown). They attacked and beat his wife, (Sh,G,Ain) and his mother (S,Ain) and his little daughter, while he was outside the house, not only did the armed group do so, but they kidnapped his father (M.G.C) born in 1951 and the husband of his sister (Ain.Kh.A) was born in 1964 from their home in front of all those On the pretext of being investigated but they have disappeared since then. After a painstaking journey of research he was able to finally reach through the department of forensic medicine to the bitter facts that he never expected or seen “There are hundreds of mutilated bodies of young people with the age of roses, handcuffed and blindfolded, and bodies of elderly men who are killed and their bodies are tortured,” he said, adding that he identified his father and the body of sister’s husband through pictures presented from the computer screen of the medical department and unfortunately, after the authorities had buried them in Karbala as the bodies of unidentified persons, and that is what prevailed in that period, the bodies did not remain in the circle for more than 48 hours not to absorb the stores of the bodies of the Department for the large reception of the daily bodies, it was Images and data are captured and saved “The pictures showed the torture on my father’s body. My sister’s husband was blindfolded, with his hands tied behind his head and his head on his head, and his body had traces of torture,” he said. “After all, my story did not end there, but it was later threatened, and my little daughter survived an attempted abduction, which forced me to change my place of residence. Then I went with my family and my mother to Turkey to emigrate. “I have changed the immigration issue and I have come back to the country again to continue my mother’s treatment, where treatment in Turkey was very expensive.”As others have told other stories that took place during the period of sectarian violence from 2005 to 2008, not very different from the story narrated by Mr. (N, M, C). The stories of those absent from the terrorist organization are countless. There are no specific figures. ADC delegates had met with many families with missing Christians and Yazidis. In August 2018, in coordination with the International Committee of Missing Persons, Victims, and the International Commission on Missing Persons have heard many stories from women and men who have lost their loved ones. A woman called Nidal from Bartala lost her husband, who took him in front of her eyes and the eyes of her three young children. His news has disappeared since 2014. So another woman called Sana took her husband and two of her children, one of them a minor in Al-Hamdaniya (Qara Qosh), and found no trace of them until after liberation, if she was still waiting for news of their survival, but no one knew. For more than two years, while others shed tears on two of her brothers who disappeared with the entry of the Nineveh plain. All confirmed that they had not received support or sponsorship from government institutions.
ADC also received documented information about the abduction of Taha Hanash Khairo, born in 1965. The kidnapping took place in Hilla on 12/6/2016. His fate is not known until this report is prepared. The kidnappers extorted his family and paid 110 thousand dollars to them without any result. Many of the interviewees hoped that the authorities would be aware of their case, aware of the extent of their suffering and end their desperate waiting and frustration, living between suspicion, certainty and hope coupled with illusions.
However, ADC regrets that the government’s efforts so far to follow up on the subject of the disappeared have not yet reached the required level, noting that there are no official government statistics for the disappeared, and that the official numbers so far do not represent all the disappeared since 2003, and the numbers of the disappeared increased more frequently since 2007 and until the end of 2008, in addition to the numbers of those who disappeared from the liberation of Mosul and Anbar and other control of the terrorist ISIS, as well as groups were arrested from unknown parties filed complaints to our organization from the areas of Baghdad and its surroundings during 2014 knowing that the number offorcibly disappeared persons of Spiker victems about (1700) person and the case of disappeared is of (Yazidi and Christians) minorities after the occupation of ISIS the province of Nineveh is still without an end to determine their fate.
The statistics obtained by ADC through its delegates visiting and field reports to the regions of Minorities, especially Yazidis, Christians, Shabaks and Kakayans, claim that there are still more than (65) Christians who are unknown fate by the occupation of Nineve by ISIS. According to the information received by ADC on the Yazidi population until June 2018, the number of those killed reached approximately (3000). The number of kidnapped by ISIS reached more than (6500). Another sad fact is that there are now (2745) orphans both female and male according to information received by ADC, the terrorists are still holding about (3050) people, and that (1650) of whom are males and (1400) females, and all these prisoners and arrested are unknown to this moment. It is worth mentioning that there are many Iraqi families did not inform the government institutions of the kidnapping of their children for reasons of some social, especially when the kidnapped is a woman.
ADC, which confirms the existence of negligence in the file of the missing and the disappeared forcibly, the need of government actions in the year 2019 based on the consolidation of efforts to infer in this regard. It therefore recommends that the Iraqi government and all executive and judicial authorities:
– Establishment of a central structure, to be the National Center for Missing Persons, to take account of missing persons regardless of the race, relatives, religion, nationality or origin of the disappeared person or the circumstances of disappearance of missing persons.
– Establish national central registers of all missing and forcibly disappeared persons from the recent past of Iraq, including records of missing persons from minorities and marginalized communities (minorities, women, etc.) or other simplified mechanism to allow families to seek information about their disappeared relatives and ensure the rights The family is in the know of the truth and their just right to resort to justice even if it is against an unknown.
– Establish a direct mechanism for reporting on missing persons that can be accessed by all
families of the missing and raise awareness of this mechanism, especially among women,
youth and marginalized communities.
– Ensure that the families of the missing persons have transparent information and representation within the parties involved in locating and identifying their loved ones, such as mass grave excavations and all data from family members.
– Develop a coordinated strategy for the identification and recovery of missing persons, using neutral, transparent and non-discriminatory criteria. Establish a mechanism to compensate victims of enforced disappearance and their families.
– Involving women from marginalized groups and ethnic and religious minorities as a priority at all stages of treatment, while ensuring the rights of survivors, especially that women of ethnic and religious minorities in some cases face risks of disappearances or honor crimes. In addition, women of ethnic minorities and religious access to protection and services when the head of the family disappears.
– Conduct prompt investigations into enforced disappearances, locate and release detainees unlawfully by military and security forces, prosecute enforced disappearances, and prosecute law enforcement officials of all ranks, including those with superior authority, who are found to be responsible for enforced disappearances.
Provide information on the fate and whereabouts of the disappeared promptly. If a person is detained, he must be charged or released. If he has died, his family must give full details of the death and their bodies must be returned to their families. The post should immediately suspend, pending full investigation, any official against whom there is credible evidence of participation in an enforced disappearance.
Iraqi Women Under Increasing Challenges
Women’s issues in the world are a strategic and multi-faceted axis of interest and discourse, with their cause being seen as urbanization, and justice. The balance of progress and the references of jurists have been drawn to the behavior of States and their peoples and their treatment of women in all aspects of life. The issue of women in the world is not only academic lectures, research messages or developmental subjects, but the basis of a pillar that has been discussed by many international and societal analyzes and judgments. While the history of this progress is not without serious challenges that weight heavily on societies before they weight heavily on women, which are the result of societal behaviors and dominant traditions that have not been eliminated despite this progress and growth of the results of the struggle of women. For example, according to UN statistics, there are 750 million illiterates in the world most are women, despite significant progress over the past 50 years. Is not this evidence of girls being thrown into responsibilities that outweigh their physical and psychological potential, such as early marriage, and their parents’ disregard and devaluation because they are female rather than seeking to build their personality and make them responsible for their future and the future of their parents and their country?
In Iraq, in principle, an important part of women’s demands has been achieved. Since the beginning of the last century, they have taken specific steps such as the achievement of equality in wages, which was legislated in the Personal Status Law of 1959 with the efforts of the first female minister in the history of Iraq and the Middle East, Dr. Naziha Dulaimi, For women because they have been accomplished unless the women of the world, even the most democratic countries such as the United States, Switzerland and other Western countries, achieve equality in wages between men and women. Women also participated in many administrative and service corridors in the public sector as well as the private. Women occupied various positions in legislation, implementation and judiciary, despite their lack of senior positions and lack of positions in sovereign positions. However, Iraqi women insist on imposing their rights with competence, required because the traditional methodology and stereotypical thinking towards women promotes a perpetual stagnation in the course of their struggle. Through these clarifications, we understand how even in the constitution, the rights of women are circumvented and their profits are violated by all means to avoid competition with men and lawmakers. A set of laws, especially those of the Penal Code, which violate the dignity of women and ignore constitutional equality, must be amended. The compulsory quota of at least 25% imposed by women in the Iraqi constitution in 2004 was required in all institutions. However, the prevailing male influence was determined by the Legislative Council by force, although unfortunately some women are also involved in promoting injustice and violations against them, as in the new parliament, where the Women’s and Family Committee is still close to being devoid of women. This is because of the disadvantages and tragedies of the “lesser harm,” because the women who occupy the seats in the most situations arrived at the seats through blocks filled with them to benefit them and determine the freedom of expression and creative women not only against the issue of women but also against the interests of Iraq. That is, 87 women out of a total of 329 or 26% means that they can affect any decision not in favor of women or society. The pity is that men and some women in Iraq forget that Zaha Hadid like so many Iraqi women who left their mark not only on the history of their country, but on the world as a whole with their unique abilities. It is very unfortunate that, to this moment, Iraqi politicians revolve around the criteria of underdevelopment to beat the progress of women by any means! These are some of the observations recorded by the lady to meet a former deputy in her research in particular:
First: The political empowerment of Women in the Executive Branch
The Iraqi constitution did not guarantee a female presence in the executive authority, as in the legislative authority, and this reflected a very weak role for Iraqi women in the executive authority. And the role of the woman did not exceed the permissible limits of the mental system of Iraqi politicians, which reduce the role of women in a narrow and limited. The compulsory proportion in the Legislative Council was imposed by the struggle of women and their insistence in 2004 on the interim constitution and moved to the new constitution. A number of Iraqis continue to say that the quota is not a standard from the level of Iraqi women and Iraqi men are aware of the importance of their status and ask for its abolition. Unfortunately, what we will see in the following table the reversal of these unhealthy predictions will be seen as a low of zero indicates an unfair start in the share of women, with only 18% of women ministers entering the executive board. And before this official institution was the Governing Council, which was pressured by Iraqi women and the Americans were forced to appoint only three members out of a total of 25 members while in the category of sacrifices to this advisory council was the representation of women race to achieve equality by the martyr Aqila al-Hashemi and before the end of the term of the Council Histhe late president, Mr. Ezzedine Salim, was assassinated.
In the first transitional government of 2004, only 6 of the 33 ministers, or 18%, were elected. In the second transitional government in 2006, 6 women ministers were appointed out of 35 ministries, or only 17%. In 2006, women occupied only four ministries of the total of 38 ministries, or 10%. In 2010, the share of women in the government declined to only one minister out of a total of 36 ministers, ie, only 2%. In the government of 2014, women were two ministries and a third, of the total of 27 ministries, or 7%. This decline continued in the percentage of women to reach the lowest level, as it was not granted any ministerial portfolio for women in the current government problem in 2018
Second: The Judiciary
It seems that the status of Iraqi women is not the best case of the executive authority, as it was excluded from all the leadership centers in the Federal Supreme Court and the Supreme Judicial Council, and was limited to the presence of judges in the Iraqi courts. In the statistics provided by the judiciary in the number of female judges from 2003 to 2015 the number of women judges 93 of the total of 1585 ie only 5%!
Third: Women in the Legislature
The percentage of representation in the House of Representatives has constitutional immunity through the quota system, but this immunity loses its importance if it is not invested by female deputies. This can be seen by reviewing the representation of women in the legislative authority over the parliamentary trials of 2004-2018.
1 – Representation of deputies in the Iraqi Council of Representatives for the three electoral cycles (2004 – 2018)
To understand the political empowerment of women in Iraq clearly, we need to know their size within the House of Representatives. In this way, we can take a more focused view that helps us to understand the real role played by female parliamentarians, although the parliamentary size of women is based on the principle of quota ) And binding the winning parties, and the number of 25% of the total members of the House of Representatives, but this principle is incomplete for not circulated to all other authorities, including the executive and judicial authority.
Thus, the number of women in the Iraqi National Congress in 2003, which was assigned to draw the first steps of the Iraqi state 25 women out of a total of 100. Then the formation of the drafting committee of the Iraqi constitution of 71 members representing the spectrum of Iraqi society, but the number of women in the Committee was limited to 10 seats Only 7 per cent of the total membership of the Committee. The matter was withdrawn to the Draft Constitution Review Committee, which included 31 men and only two women or 6%.
Although the 2005 Constitution of Iraq affirms the right to equality as enshrined in Article 14 of the Constitution, the principle of the right to life and liberty in Article 15, and the right to participate in Article 38, all these principles do not guarantee equal rights for Iraqi women, On this basis, women participated in the elections of the National Assembly. 87 women were elected, ie, 33% of the total seats of the Transitional National Assembly according to the quota principle. In the elections of the Council of Representatives on 15 December 2005, (275), which is 28.4% according to the system of one circle and the closed list, while in the interval In the second legislative elections in 2010, the list was open while the multi- constituency system, which included all governorates of Iraq, was adopted. Women received 81 seats out of a total of 325 seats, 29% of the total members of the House of Representatives and the third legislative elections held in 2014 And 2018 women (87-83) won a seat of the total (329-328) seats of the Lower House of Representatives, by 25% -26%. We find that the increase in the representation of women in the House of Representatives is due to the increase in the number of seats at the base level, but that does not mean that all of them deserved the seat allocated to them through the (quota), but some of them exceeded the percentage of votes enough to occupy one seat, to levels that exceeded the candidate in a number of constituencies as in Baghdad, Babylon, Erbil and Basra, which also reflected the increase in the proportion of female parliamentarians in Baghdad, reaching 35% of the total female deputies.On the other hand, and through the electoral experience in Iraq, it was noted that the quota principle has achieved women participation in the legislative power, but this principle of the negatives is similar to the positives, because it represents a temporary solution to the participation of women in political work, by placing parliamentary women under the tutelage of the political blocs and thus limit their numerical influence assumed in the sessions of Parliament, and the disruption of many women’s initiatives and deprive them to benefit from the freedom they obtained to defend their rights, and this is what happened when some women parliamentarians formed a women’s bloc to defend their rights, despite the attempts of some of them in September 23, 2007 Yale women’s mass, but they won their approval only 27 out of 73 deputy, and the reason behind this was the justification Panay bloc parliament may get distracted into parts and this is misplaced, given the difficult situation that was experienced by Iraq at the time.The end of the idea of a unified feminist bloc within the Council at the time robbing the spirit of the idea and the philosophy of the need for such a mass and the desired positive effects, knowing that the women had the opportunity to form a force of pressure and a big voice can have the will, to disrupt the large blocs, as they can if They agreed to submit proposals for amendments to the rules of procedure of the House of Representatives itself by 50 members according to Article 148 in the final provisions of the rules of procedure. They also have the possibility of forming a great control force if they benefit from Articles 55 and 56, which allow 25 members to present a general topic for discussion to clarify the policy and performance of the Council of Ministers or a ministry, as well as to direct the questioning of the Prime Minister or one of his deputies or ministers to assess their performance in matters that fall within their specialties ,the number of female deputies recently is (87) out of a total of 329 deputies by 26% And it can be an effective force within the parliament as a large parliamentary bloc, so that they can arrange their status as a women’s power, as well as the interests of the voter and their governorates, as well as if they follow a specific strategy on women’s affairs and the formulation of enabling policies to promote the status of women in Iraq, Council, or in the The more practical and clear if Mayn to the laws in force, legislation and classified into what can be activated or modified, canceled or introduced.
Marriages and Divorces
Despite the fact that the Iraqi constitution affirms in its article 29 first that the family is the basis of society and the state maintains its religious, moral and national values , but the statistics issued by the Higher Judicial Council in its official website indicate that family disintegration is increasing for divorce.
These statistics indicate marriage and divorce in Iraq for 2018 indicating that the reasons are multiple (political, economic, social and cultural) based on poverty, unemployment, terrorism, sectarianism, inequality, early marriage, social means of communication, delay of social researcher The social, lack of reproduction, common housing, rush to make a decision to marry, love imaginary, marriage again, disease and disability, etc.
In the region of Kurdistan, according to the Court of Discrimination, that the divorce cases reached three times the rest of the regions what has been declared by the competent courts of special statistics for the year 2017 and 2018, where the number of divorce, as recorded by the courts of personal status in the province of Erbil is only 2985 cases during 2017, The average to 3598 cases in 2018, an increase of 613 cases. In Sulaymaniyah, divorce rates reached 1360 in 2017 and jumped to 4085 cases in 2018. In Dohuk, the number of divorces was 1,384 in 2017, but registered a clear rise to 1509 cases in 2018.
All the judges and jurists concerned whom delegate of ADC met to inquire about the root causes of the phenomenon said that the economic situation and the worsening unemployment confined young couples to their homes, creating opportunities for divorce disputes with ease. Children are primarily victims.
We conclude from the foregoing that the Iraqi political arena is bound by demands to work first on itself with regard to the sense of responsibility and the establishment of the state of citizenship, moving away from the narrow considerations that led to all initiatives leading to the creation of a mature political process. Against any delay, manipulation or exploitation that violates the legitimate and inalienable rights of every Iraqi individual and to restore the prestige, sovereignty and security of the Iraqi State, which represents one of the fundamental rights of the entire Iraqi people on the other.
The restoration of economic and social rights and the respect for those indivisible rights and the maintenance of human dignity are the basic duties of the State, and indeed the reason for their existence and the deterioration of the sources of corruption and reconsideration of the status of women retreated, and the reform of the sanctions regime and respect for international commitments to push Iraq forward in overcoming the accumulated crises is the path leading to reconciliation and peace. As well as the establishment of a time limit and respect for the completion of the formation of the government, which suffers from the delay in the completion of the most ministries because of the lack of sense of submission to the law by political parties seeking to achieve narrow interests horizon through the futile compromises that stand in the way of achieving this work and emergency exposure To rebuild a nation that believes in democracy and the peaceful transfer of power.