United Nations

HRI/CORE/IRQ/2025

International Human Rights Instruments

Distr.: General

3 October 2025

English

Original: Arabic

Common core document forming part of the reports of States Parties

Iraq *

[Date received: 11 April 2025]

Contents

Paragraphs Page

Introduction1–43

Geographical, demographic, economic, social and cultural characteristics5–83

Languages9–114

Ethnic and religious diversity12–214

Iraq Vision 2030225

Economic indicators23–256

Unemployment267

Poverty reduction measures277

Petroleum sector287

Electricity sector29–308

Agriculture sector31–358

Healthcare sector36–409

Education41–4611

Higher education and academic research4713

Constitutional and political structure of the State48–10117

General framework for the promotion and protection of human rights102–10630

Human rights institutions107–13835

Human rights legislation enacted in the Republic of Iraq43

Media and communications139–14250

Non-governmental organizations52

Table showing the number of registered NGOs and their areas of specialization52

Introduction

1.Acting under General Assembly resolution 68/268 of 2014 and recommendations received from the treaty bodies responsible for monitoring the implementation of human rights instruments, Iraq submitted its common core document in 2019. That document is hereby being updated with the latest information and data concerning the Republic of Iraq.

2.The 2024 common core document of Iraq was drafted by the national committee for writing reports under international treaties, which is headed by the Minister of Justice and has members from other competent authorities. The text includes updated information and statistics from the “office for statistics and geographic information systems” in the Ministry of Planning and from other ministries, in accordance with the guidelines for the submission of the common core documents.

3.In fulfilment of the obligations it incurred when acceding to international instruments, Iraq makes every effort to submit its periodic reports under the human rights treaties, and its common core document, within the deadlines stipulated by the United Nations treaty bodies.

4.State institutions in Iraq are striving to ensure that all citizens are able to enjoy the rights and freedoms set forth in the Constitution, the Universal Declaration of Human Rights and international treaties. By acting in this way, the State recognizes the responsibility it shares with the international community to ensure that all peoples, including the people of Iraq, are able to enjoy their rights and freedoms. In this regard, the programme of the Government is consistent with its ambition to promote, protect and respect human rights, prevent any violation thereof, improve the human rights situation and provide reparations, in accordance with the country’s international obligations.

Geographical, demographic, economic, social and cultural characteristics

5.The territory of the Republic of Iraq is 435,052 square kilometres.

6.Iraq occupies a key position in the Middle East. It is bordered to the east by Iran, to the north by Turkey, to the west by Syria and Jordan, and to the south by Saudi Arabia and Kuwait. The country has a barren desert to the west of the Euphrates River, a wide valley between the Tigris River and the Euphrates, and mountains in the north-west. The Tigris and Euphrates flow into the Shatt al-Arab near the Arabian Gulf where they create an extensive area of fertile land.

7.Iraq lies in the northern temperate zone. However, its subtropical continental climate and rainfall are similar to a Mediterranean climate as most of the rain falls in the winter, autumn and spring but not in the summer.

Geographical divisions of Iraq

Details

Percentage

Area (square metres)

Plains (including lakes and bodies of water)

30.5

132 500

Hill land

9.7

42 000

Mountains

21.1

92 000

Desert

38.7

168 552

Total

100

435 052

8.According to the preliminary results of a population census conducted in 2024, Iraq has 45 million inhabitants, including foreigners and refugees. Of the total population, 70.3 per cent live in urban areas and 29.7 per cent in rural areas, while the average family has 5.7 members. Males account for 50.18 per cent of the population and females for 49.82 per cent.

There are around 7 million households in the country

Female-headed households represent 11.33 per cent of the total and male-headed households 88.67 per cent

The major age groups within the population are as follows:

Persons below working age (under 15) comprise 36.1 per cent of the total

Persons of working age (15–64) comprise 60.2 per cent of the total

Persons above working age (over 65) comprise 3.7 per cent of the total

With a working-age population that amounts to 60 per cent of the total population, the country has entered a phase of “demographic dividend”

The current population growth rate of Iraq is 2.33 per cent.

Languages

9.Arabic and Kurdish are enshrined in the Constitution as the two official languages of Iraq. Iraqis have the right to educate their children in their mother tongue – such as Turkmen, Syriac or Armenian – in State-run educational institutions, in accordance with school regulations, or in any other language in private educational institutions.

10.The Official Languages Act No. 7 of 2014 was promulgated as an expression of respect for the ethnic and linguistic diversity of Iraq and to uphold the humanitarian dimension in the country’s newly inaugurated era of federalism. The Act reflects the teachings of Islam, which enjoins respect for other languages, and it enables the communities of Iraq freely to express their wants and needs in their own mother tongue.

11.In Kurdistan Region, the Kurdistan Region Official Languages Act No. 6 of 2014 was promulgated, article 22 of which states: “In each administrative unit that is populated by other national groups the language of that group shall, alongside Kurdish, be an official language for education and discourse and for administrative and internal affairs.”

Ethnic and religious diversity

12.Iraq is characterized by its ethnic and religious diversity. Arabs constitute the great majority followed by Kurds then by Turkmens and Shabaks. They are followed by smaller ethnic and religious groups such as Christians, Sabean Mandaeans and Yazidis.

13.The Constitution guarantees preservation of Islamic identity for the majority of the Iraqi people. At the same time, it guarantees religious rights and freedom of belief and practice for all individuals, such as Christians, Yazidis and Sabaean Mandaeans.

14.The Constitution guarantees that all persons can exercise their freedoms without discrimination. It includes adequate and effective guarantees for freedom of thought, conscience, religion and belief by, inter alia, the provision of effective remedies in cases of violations against those freedoms or against the right to celebrate religious rites freely.

15.The Constitution envisages protection for shrines and religious sites (religious and heritage sites). It reaffirms that such sites must remain inviolate and upholds the right to practise religious rites freely there.

16.Iraqis are equal before the law without discrimination on the basis of gender, race, nationality, origin, colour, religion, creed, belief, opinion or economic or social status, as stipulated in article 14 of the 2005 Constitution. The Constitution, moreover, guarantees the freedom of citizens to administer their personal affairs in accordance with their own religion, confession, beliefs or choices.

17.The State grants followers of all religions and religious communities the freedom to practise their religious rites, including Hussaini rites, as well as freedom of worship and the protection of places of worship.

18.The State enacted Act No. 58 of 2012 concerning the Bureau for Christian, Yazidi and Sabaean Mandaean Endowments, the purpose of which is to consolidate religious ties with the world in general and with the Muslim world in particular; to protect worship, places of worship, religious figures and religious institutions; and to provide optimal services for the followers of those religions. At the same time, the Act aims to support endowment administrators in the management and investment of endowment funds and to encourage and support the opening of schools, orphanages, care homes and hospitals, as well as a public library to attract researchers. In addition, the Act describers and regulates the work of the Bureau, its duties and its subdivisions.

19.Iraq has adopted the following annex to the Religious Communities Act (Officially Recognized Religious Communities in Iraq) No. 32 of 1981:

Chaldean

Assyrian

Assyrian Catholic

Syriac Orthodox

Syriac Catholic

Armenian Orthodox

Armenian Catholic

Greek Orthodox

Greek Catholic

Latin Catholic

National Evangelical Protestant

Assyrian Evangelical Protestant

Seventh Day Adventist

Coptic Orthodox

Yazidi

Sabaean Mandaean.

20.Under the Constitution of Iraq, the State is to prohibit all forms of intolerance and discrimination based on religion or belief, as well as violations of freedom of thought, conscience or religion. It is forbidden, furthermore, to enact legislation that instigates religious hatred or that constitutes an incitement to discrimination, hostility and violence. Every effort is made to respect and protect religious sites, shrines and symbols, and additional measures are taken when those places are at risk of being defiled or vandalized. Moreover, domestic law guarantees the right of all persons to worship and to assemble in the context of a religion or a belief and to set up and administer premises necessary for that purpose.

21.In Kurdistan Region, a directorate for interfaith coexistence has been created as part of the Ministry of Endowments and Religious Affairs. There are also directorates and representative offices for religious minorities including Christians, Yazidis and Sabean Mandaeans, the aim being to consolidate ties between those faiths.

Iraq Vision 2030

22.The Government of Iraq is in the process of creating an institutional framework to monitor the implementation of the Sustainable Development Goals (2030 Agenda) at the federal and local levels. This is being achieved via a national committee for sustainable development, which brings together ministries and councils of governorates not incorporated into a region, and which performs the following main activities:

Integrating the sustainable development goals into national and sectoral plans.

Rolling out the Iraq Vision 2030 in its definitive iteration, which is aligned with the vision developed by the World Bank.

Ensuring that Iraq fulfils its obligation to report on progress towards the Sustainable Development Goals. In fact, the first voluntary report of Iraq, submitted in 2019, provides information on national efforts towards development and seeks to incentivize long-term joint efforts, to redefine the role of partners and to identify mechanisms for interaction between them.

Releasing, in 2021, the second voluntary report on progress towards the Sustainable Development Goals at the governorate level. This is particularly important as it is a way to encourage joint efforts with all groups in society, particularly at governorate level, and to mould a generation that is conscious of the need to preserve the country’s environment and natural resources.

Promoting urban planning policies that envisage comprehensive development for the entire population. Significant policies in that regard include an industrial sites policy, a new cities policy, a development centres policy and a rural settlement and development policy. The aim of all the policies is to ensure that the fruits of development are fairly distributed.

Iraq aspires to pursue development and to ensure that the benefits thereof are equally distributed among different groups and regions, without marginalization or exclusion. It also seeks to identify the challenges standing in the way of the Sustainable Development Goals, particularly those impeding the implementation of the sustainable development plan, and to pinpoint any potential conflict between the Goals and the country’s own urgent spending and reconstruction requirements in an unstable environment.

Drafting the third voluntary report for 2025.

Notable strategies to improve the standard of living of the population:

National Development Plan 2018–2022

National Development Plan 2024–2028, which has a number of goals:

Fostering an enabling environment for the population in order to capitalize on demographic opportunities

Achieving harmony and balance between demographic and economic indicators

Ensuring positive interaction between the people and the environment so as to enhance sustainability and facilitate transition to a green economy

Rolling out the national population policy document 2023 with a view to bringing about quantitative and qualitative changes in people’s lives and achieving sustainable development (as per the Iraq Vision 2030), justice and equality.

Economic indicators

23.The national income of Iraq in 2019 amounted to 224,577,083.1 billion Iraqi dinars (ID), with a growth rate between 2018 and 2019 of 3.1 per cent. By 2022, national income had increased to ID 325,466,201.2 billion.

24.The rate of poverty in Iraq decreased significantly in 2022 by 20.05 per cent. In the same year, the poverty line stood at an individual income of ID 117,000 per month or ID 3,900 per day.

25.The revenues of the federal general budget for the 2023 financial year were estimated at ID 135,681,266,197,996, while expenditures amounted to ID 142,435,636,297,895.

Unemployment

26.In 2021, the unemployment rate among persons aged 15 years and above was 14.7 for males and 28.2 for females, with the total figure standing at 16.5. In 2023, a total of 39,332 unemployed persons – 26,169 males and 13,163 females – were registered in the database of the Ministry of Labour and Social Affairs.

Poverty reduction measures

27.Iraq launched the Poverty Reduction Strategy 2018–2022 to alleviate poverty, enhance resilience and move towards economic growth, which in turn require supply-side improvements and economic diversification. The Strategy embraces four principal challenges: providing security and stability; ensuring good governance; delivering distributive justice and diversified sources of income within a market economy; and mitigating the negative effects of the reform process. The vision and goals of the Strategy are aligned with the National Development Plan 2018–2022, and the 2030 Sustainable Development Goals have been taken as a general framework, with a view to reducing poverty by 25 per cent in 2022. The main elements of the Poverty Reduction Strategy are to create sustainable income-generating opportunities, build and empower human capital and establish an effective social safety net. The Strategy has also adopted six outcomes that reflect the various dimensions of poverty: higher sustainable income from employment, better health, better education, adequate housing and a challenge-responsive environment, effective social protection and effective emergency response.

Petroleum sector

28.Iraq has striven to diversify its sources of income, although it remains heavily reliant on oil. In fact, the oil industry began operating in 1925, and the country is one of the founding members of the Organization of the Petroleum Exporting Countries (OPEC). The government programme includes a section dedicated to the petroleum sector wherewith the Government aims to develop the oil industries in the following areas: extraction, exports, refineries, gas, petrochemicals, storage and disposal and distribution. Oil production for the years 2018–2020 is shown in the table below.

Year

Total annual production (million metric tons)

Daily production rate (MMbbl/d)

Daily export rate (MMbbl/d)

Value of crude oil exports (dollars x 1 million)

2018

211 009

4 278

3 500

99 064 570 . 7

2019

225 677

4 575

3 968

92 818 914

2020

197 671

3 997

3 428

34 237 592 . 6

2022

219 620

4 453

3 311

115 568 .6

Contribution to gross domestic product of crude oil sector at current prices(2018–2020)

2018

2019

2020

44.2 per cent

40.9 per cent

29.13 per cent

Oil production indicators for 2022 and 2023

Indicator

2022

2023

Federal crude oil production including Kurdistan Region (barrels x 1 million)

1 625

1 503

Federal crude oil exports (barrels x 1 million)

1 208 . 5

1 232

Value of federal crude oil exports (dollars x 1 billion)

115 . 6

97 . 6

Price per federal barrel (dollars)

95 . 62

97 . 2

Federal crude oil supplied to refineries (barrels x 1 million)

207 . 40

284

Total imports for the years 2020–2022

Commodity

2020

2022

Value ID x 1 million

Value $ x 1 million

Value ID x 1 million

Value $ x 1 million

Total commodity imports (excluding oil)

16 532 299 . 9

13 836 . 3

24 199 930 . 2

16 569 . 6

Liquid gas

0.0

0.0

0.0

0.0

Petrol

1 094 086 . 0

919 . 4

5 694 633 . 0

3 873 . 9

Mineral oil

100 436 . 0

84 . 4

234 171 . 0

159 . 3

Fuel oil

663 901 . 0

557 . 9

1 862 049 . 0

1 266 . 7

Total imports of petroleum products

1 858 423 . 0

1 561 . 7

7 790 853 . 0

5 299 . 9

Total imports

18 390 722 . 9

15 398 . 0

31 990 783 . 2

21 869 . 5

Electricity sector

29.In 2022, the electricity sector produced 139,575,645 megawatt hours (MWh) (production plus investment plus powerlines). This represented an increase of 9.4 per cent over 2021 and an increase of 148.4 per cent over the base year 2012, when 561,878.08 MWh of electricity had been produced.

Electricity sector indicators/total production (MWh) for the period 2017–2022

System total

2017

2018

2019

2020

2021

2022

99 152 453

104 542 086

123 792 300

124 516 926

127 571 864

139 575 645

30.The energy production capacity in Kurdistan Region in 2023 amounted to around 3,487 MW. The Iraqi national grid has supplied Kirkuk and Mosul with 782 MW, or around 22 per cent of the Region’s total electricity production.

Agriculture sector

31.Agriculture has long been considered an important source of national revenue. Despite the challenges currently facing the sector, notably water scarcity and increased desertification due to climate change, production in agriculture, forestry, hunting and fishing, according to current prices, amounted to ID 679,574,217 in 2022, an increase of 1.63 per cent.

32.Under its ministerial agenda, the Government aims to improve, increment and protect agricultural production, to which end it has developed plans to guarantee the country’s water supply, in accordance with international standards and shared interests. It is also seeking to ensure the fair internal distribution of water and to rationalize water consumption. To that end, the following actions have been set in train:

Developing an urgent plan to support farmers and ensure the availability of strategic crops, especially wheat.

Developing a long-term plan to support agriculture (crops and livestock) and regulate water resources, also by introducing automation and technology, in order to secure the country’s nutritional and industrial requirements and to obviate the need for imports.

Implementing plans to protect local agricultural produce and improving marketing methods in order to increase the profits of the agriculture sector.

Developing a time-bound plan to rehabilitate agricultural irrigation systems in the central and southern regions of Iraq and to move towards a closed irrigation system; also, rehabilitating drip systems and improving surface irrigation to increase the productivity of the land.

Adopting measures to rationalize the use of water for domestic purposes and in agriculture, industry, etc.

Foregrounding – in the context of the foreign relations of Iraq – the issue of climate change and its repercussions on the national environment, including drought and desertification; also, cooperating with other countries and international organizations and participating in the World Climate Conference in order to mitigate the harm Iraq is suffering as consequence of those phenomena.

33.Fertilizers (diammonium phosphate (DAP) and urea) used in wheat production are subsidised at 50 per cent. According to data from the General Company for Agricultural Supplies, the following quantities of fertilizer were supplied in 2023: locally produced urea 172,163,168 tons, imported urea 18,436 tons, locally produced DAP 126,710,330 tons and imported DAP 44,445 tons.

34.Iraq has a total of 18,142,800 dunums of arable land and a cultivated area of 11,223,308 dunums. The largest part of the country is made up of desert, which amounts to 41.89 per cent of the total area of Iraq. Urban areas cover 1.29 per cent of the total, bodies of water 1.25 per cent and grassland and shrubland – which are important for grazing livestock – together constitute 10.36 per cent. Lastly, abandoned agricultural lands constitute 22.21 per cent, and this gives some idea of the challenges facing land workers and farmers in the country.

35.In Kurdistan Region, around 50,000 farmers are engaged in grain cultivation on an area estimated at 2.5 million dunums. They produce around 1 million tons of wheat and 250,000 tons of barley. Wheat, rice and barley are considered basic foods. The Region’s grain storage capacity in 2023 stood at 585,000 tons of grain and, as of June 2023, the amount of wheat entering warehouses in the Region amounted to 13,090,545.

Healthcare sector

36.The right to healthcare is enshrined in article 31 of the Constitution, which states: “Every Iraqi has the right to healthcare. The State is to be responsible for public health and to provide means for prevention and treatment though the construction of hospitals and health institutions of various kinds.” Funding is one of the mainstays of any healthcare system and most countries in the world make healthcare their top priority in the allocation of national resources. Health funding and universal healthcare coverage are an important part of comprehensive efforts towards social welfare. The total expenditure for the Ministry of Health in 2023 amounted to ID 9,703,512,590, which represents a quota per individual Iraqi of ID 260,215. Also in 2023, healthcare spending accounted for 5 per cent of overall government spending. Monthly expenditure on healthcare services for citizens in Kurdistan Region amounts to ID 23 billion, while 7,871 doctors and 22,147 nurses work in the health sector. Hospitals in Kurdistan Region have 11,147 beds, 8,179 in State-run structures and 2,968 in private ones.

37.Via its ministerial agenda, the Government is seeking to improve healthcare services for citizens:

Operating the large hospitals that have been set up in a number of governorates.

Providing specialized centres across Iraq with financial resources to enable them to deliver medical services and medication to patients with chronic diseases.

Implementing the Health Insurance Act so as to improve medical services and medication without overburdening citizens.

Completing work on the construction of hospitals and health centres with different clinical capacities in all governorates and districts.

Expanding the provision of primary and secondary health services to avoid burdening hospitals and specialized centres.

Authorities in Kurdistan Region provide free healthcare services to the families of martyrs and to persons with disabilities and special needs. For example, 4,502 caesarean sections were performed in State-run hospitals alongside 7,802 natural deliveries and numerous other surgical procedures. In all, 14,499,152 visits were made to public healthcare facilities and 514,789 citizens were admitted to State-run hospitals.

38.The following are some of the most important strategies adopted by the Department of Public Health at the Ministry of Health:

A national strategy on reproductive, maternal, neonatal, child and adolescent health

A strategic suicide prevention plan (there have been 332 suicides, 196 males and 136 females)

A strategic plan to combat violence against women 2022–2026

A comprehensive multi-year immunization plan 2020–2024

A national strategy for the prevention and control of non-communicable diseases

A national strategy for integrated control of disease vectors 2020–2026

A national tuberculosis control programme.

39.The following table includes indicators relating to primary, secondary and tertiary care services in the period between 2021 and 2023. Such services are a fundamental part of the treatment and rehabilitation provided to citizens at public, specialist and private hospitals throughout Iraq, and help to ensure integrated healthcare for individuals and society.

Indicator

2021

2022

2023

Number of State-run hospitals and specialized centres with beds (excluding Kurdistan Region)

312

222

339

Number of private hospitals

170

194

207

Overall number of doctors

42 329

45 038

48 920

Number of specialized doctors including Kurdistan Region and staff of the Ministry of Higher Education

15 279

15 649

15 019

Total fertility rate (births per woman) not including Kurdistan Region, Nineveh and Anbar

3 . 9

3.3%

3.7%

Overall numbers of births inside and outside Iraq

1 070 536

1 066 964

1 050 284

Proportion of births inside health institutions

86.1 %

88.2

88.6

Gross birth rate per 1,000 inhabitants

26 . 3

25 . 5

24 .1

Anti-tuberculosis vaccination

94%

96

93

Anti-polio vaccination

77%

92

91

Anti-measles vaccination

75%

88

98

Gross reproduction rate (replacement)

-

-

1 . 83

Net reproduction rate

-

-

1 . 79

Total number of beds in State-run institutions

51 548

51 759

53 925

Beds per 1,000 inhabitants

1.3

1.2

1.2

Doctors per 10,000 inhabitants

10.28 per 100 000 inhabitants

10.66

11.3

Rate of use of prepared beds

45.4

51.0

48.4

Number of incubators for premature children

2 029

2 460

2 536

Total number of primary healthcare centres

2 693

2 914

2 864

Number of primary healthcare sectors

154

265

164

Proportion of first prenatal visit

45%

45%

43%

Proportion of fourth prenatal visit

23%

24%

24%

Proportion of pregnant women at risk

33%

32%

31%

Proportion of first postnatal visit

73%

78%

--

Proportion of fourth postnatal visit

44%

47%

--

Proportion of first visit with child

14%

13%

--

Proportion of third visit with child

8.5%

8%

--

40.Infections and deaths from HIV/AIDS disaggregated by sex and governorate for 2023 amounted to 446 cases, of which 33 resulted in the death of the persons concerned. Males (393 cases) were more seriously affected than females (83 cases). Infections and deaths from HIV/AIDS in 2023 amounted to 603 cases, of which 37 resulted in the death of the persons concerned. Of those infected, 498 were males and 105 were female. During the course of 2023, health authorities in Kurdistan Region conducted 597,170 HIV tests. Of these, 307,807 were in Erbil, 180,905 in Dahuk and 108,458 in Sulaymaniyah. In all, 72 persons were found to be infected, 44 in Erbil, 20 in Sulaymaniyah and 8 in Dahuk. Of those infected, 32 were citizens and 40 were foreigners. Two people died and 87 are currently receiving treatment.

Number of hospitals and health centres in Kurdistan Region

State-run hospitals

83

Private hospitals

68

Total

151

Health centres

1 047

Education

41.Education is enshrined in the 2005 Constitution as a fundamental element for the advancement of society. It is to be guaranteed by the State and to be compulsory at the primary stage; the State, moreover, undertakes to combat illiteracy. These provisions concerning the significance of education are explicitly set forth in article 34 (1), which reads: “Education is an essential factor for the progress of society; it is a right that is guaranteed by the State and is compulsory at the primary level. The State is to undertake to combat illiteracy.”

(2)Free education at all stages is a right for all Iraqis.

(3)The State is to encourage academic research for peaceful purposes that serve humanity and is to support excellence, creativity and innovation.

(4)Private and public education is to be guaranteed and regulated by law.

42.The ministerial agenda aims to create a values-driven system of education where all persons have access to high-quality learning opportunities, a system that responds to the needs of the labour market, promotes a knowledge-based society and reinforces principles of citizenship, national identity and human rights. To this end, the Government is taking the following actions:

Forming a national team of specialists, supported by international expertise, to lay a solid academic foundation from which to improve the effectiveness and quality of education, and to submit a plan with short-, medium- and long-term goals for the advancement of the education sector.

Concerning itself with the state of school buildings, considering the possibility of formulating a national-level project to address that issue and encouraging private-sector investment to build as many schools as possible.

Promoting capacity-building programmes for teaching and administrative staff in schools and universities and entrusting the administration of such structures to capable and competent managers, with no concern for quotas or political affiliations.

Supporting private education – both schools and higher education – while upholding quality standards and academic excellence.

Directly supervising the implementation of the National Strategy for Education2022–2031, which has been updated thanks to work undertaken at the national level with support from the United Nations Educational, Scientific and Cultural Organization (UNESCO); also, implementing the road map for the reform of vocational and technical training which emerged from a strategy to develop vocational education between 2014 and 2023; also, cooperating with international organizations on programmes to promote vocational and technical training and, on the basis of reliable research, to link such training to the needs of the labour market.

43.The total expenditure for the Ministry of Education in 2023 amounted to ID 11,896,363,654, while the total expenditure of the Ministry of Higher Education amounted to ID 3,160,212,068.

Indicators concerning education in Iraq, excluding Kurdistan Region (2019–2023)

Educational indicators excluding Kurdistan Region

2019/20

2020/21

2021/22

2022/23

Total number of schools

24 705

25 446

26 147

30 656

Number of government structures

16 335

16 833

17 393

17 950

Number of members of the teaching corps

442 833

453 617

447 301

514 704

Net enrolment rate in primary education

90

89

92 . 2

93 . 98

Net enrolment rate in secondary education

46

64

71

70 . 30

Overall enrolment rate in primary education

103

102

106

107 . 64

Overall enrolment rate in secondary education

72

76

83

84 . 38

Education in Iraq (excluding Kurdistan Region) during the academic year 2022/23

Stage

No. of schools

No. of structures (gov.)

No. of students

No. of teachers

Kindergarten

1 268

799

194 776

8 467

Primary

19 162

12 417

6 691 689

300 185

Secondary

9 862

4 466

4 217 433

194 846

Vocational

331

239

101 730

9 986

Institutes

33

29

12 097

1 220

44.As of 2023, there were 7,370 schools in Kurdistan Region, of which 6,863 were State-run structures. There were 24 Syriac schools serving 1,708 pupils and 18 Turkmen schools serving 2,565 pupils.

Data concerning public, private and religious education for the academic year 2023/24

Stage

Boys

Girls

Total

Kindergarten

110 749

111 859

222 608

Primary

3 539 060

3 245 406

6 784 466

Secondary

2 350 093

2 173 982

4 524 075

Vocational

72 542

19 326

91 868

Institutes

8 419

6 649

15 068

Total

6 080 863

5 557 222

11 638 085

45.The number of students enrolled in public and private schools in Kurdistan Region during the academic year 2023/24 was as follows:

There were 1,936,018 students, of whom 994,034 males and 941,984 females. First-grade pupils in public and private schools in Kurdistan Region during the academic year 2023/24 numbered 160,221, of whom 82,664 males and 77,557 females. Pupils in village schools numbered 362,295.

Literacy rates and enrolment rates in primary and secondary education for the period 2019–2022

Indicator

2019/20

2020/21

2021/22

2022/23

Proportion of literate females with respect to males in the age group 15–23

75.6

76.2

78.4

Gov.

Private

Proportion of girls with respect to boys enrolled in primary education

92.1

93.4

96.4

92 962

64 753

Proportion of girls with respect to boys enrolled in secondary education

87

87.0

87

92 924

61 738

State-run special education schools for the academic year 2023/24 / No. of students enrolled in special education disaggregated by disability

Physical disability

Visual disability

Auditory disability

Mental disability

Slow learners

Psychiatric cases

761

1 108

915

1 421

10 394

953

46.There are 10,466 students – 5,828 males and 4,638 females – at schools affiliated with the Ministry of Education in Kurdistan Region while special-needs teachers number 84. At the same time, there are 704 students – 374 males and 330 females – at institutes affiliated with the Ministry of Labour and Social Affairs in the Region.

Higher education and academic research

47.Higher education is a vital element in the construction and advancement of society and is key to the development of human resources, the pursuit of knowledge, academic research and the transfer of technology and innovation. Thus, by creating a generation of well-qualified persons who can meet the needs of the labour market and contribute to sustainable development, individual quality of life can be improved and the national economy can be boosted. Universities and educational institutions have an important role to play in achieving these goals, as they guide minds, develop human capacities, encourage creativity and innovation, and develop knowledge with a view to the progress and prosperity of the nation.

The net enrolment rate in higher education (both State-run and private) among students in the 18–23 age group increased to 23 per cent in the academic year 2021/22 and to 24 per cent in the year 2022/23. These figures compare with 18 per cent in the academic year 2017/18. There are several reasons for this, notably the development and modernization of university facilities and infrastructure, which rendered higher education more attractive and encouraged enrolment.

In 2022 and 2023, spending on higher education accounted for around 3 per cent of all government spending.

Some of the more significant indicators concerning higher education are set forth below. They constitute an important way to gauge the quality and effectiveness of higher education, and they have been significant in guiding the development of educational policies and academic programmes for the academic years 2021/22 and 2022/23.

Public university-level education

Indicator

2021/22

2022/2023

Shift

Number of public universities

31

31

0%

Number of public colleges

380

382

5%

Number of students (first year enrolments) – undergraduate university education

127 783

144 547

13%

Women as a proportion of all students enrolled in higher education (first year enrolments) – undergraduate university education

26%

24%

- 7%

Number of students (all academic levels) – undergraduate university education

605 432

605 726

0%

Women as a proportion of all students in higher education (all academic levels) – undergraduate university education

31%

29%

- 5%

Number of graduates – undergraduate education

120 266

106 079

- 12%

Proportion of female graduates – undergraduate education

29%

29%

Number of students enrolled (higher diploma) – undergraduate education

900

874

- 3%

Number of students enrolled (master’s) – post-graduate education

11 424

13 137

15%

Number of students enrolled (doctorate) – post-graduate education

4 330

5 578

29%

Teaching staff

40 953

47 711

17%

Public technical education

Indicator

2021/22

2022/2023

Shift

Number of public technical universities

4

4

0%

Number of public technical colleges

20

20

0%

Number of public technical institutes

30

30

0%

Number of students (first year enrolments) – undergraduate technical education

40 722

39 280

- 4%

Women as a proportion of all students enrolled in higher education (first year enrolments) – undergraduate technical education

7%

6%

- 18%

Number of students (all academic levels) – undergraduate university education

102 639

99 244

- 3%

Women as a proportion of all students in higher education (all academic levels) – undergraduate technical education

5%

4%

- 13%

Number of graduates – undergraduate education

45 820

36 159

- 21%

Proportion of female graduates – undergraduate education

10%

9%

Number of students enrolled (higher diploma) – post-graduate technical education

5

14

180%

Number of students enrolled (master’s) – post-graduate technical education

454

626

38%

Number of students enrolled (doctorate) – post-graduate technical education

26

51

96%

Teaching staff

3 803

4 800

26%

Private education

Indicator

2021/22

2022/2023

Shift

Number of private universities

19

25

32%

Number of faculties in private universities

113

179

58%

Number of private university-level colleges

50

46

- 8%

Number of students (first year enrolments) – undergraduate private education

98 025

137 976

41%

Women as a proportion of all students enrolled in higher education (first year enrolments) – undergraduate private education

15%

19%

27%

Number of students (all academic levels) – undergraduate private education

340 514

421 851

24%

Women as a proportion of all students in higher education (all academic levels) – undergraduate private education

13%

16%

25%

Number of graduates – undergraduate technical education

52 657

59 312

13%

Proportion of female graduates – undergraduate private education

8%

12%

50%

Number of students enrolled (higher diploma) – post-graduate education

8

9

13%

Number of students enrolled (master’s) – post-graduate education

108

101

- 6%

Number of students enrolled (doctorate) – post-graduate education

33

62

88%

Teaching staff

10 323

10 664

3%

There are 20 public universities in Kurdistan Region, and 12 institutes have been opened in various cities and towns of the Region, which specialize in different fields according to the requirements of the labour market. In the academic year 2023/24, 144,789 students of both sexes were enrolled in public universities and 30,357 in private universities.

Also in the academic year 2023/24, there were 23,899 students of both sexes enrolled in public educational institutes and 9,465 in private institutes.

Among the most important indicators are those that measure educational wastage and dropout because, by showing the percentage of students who leave university without obtaining a degree (either because they abandon their studies or because they fail to pass exams and courses), they help to assess the quality of higher education. A high rate of wastage and dropout is considered to be a sign of problems in infrastructure, educational programmes, the learning environment or academic and social support for students. Thus, these indicators help universities and educational institutions to identify issues and adjust their policies and programmes to improve student experience and increase success and graduation rates. Wastage and dropout rates in higher education for the academic year 2021/22 are shown below.

(i)Wastage

Wastage rate for higher education stands at 10 per cent

Wastage rate for public universities stands at 12 per cent

Wastage rate for public technical universities stands at 14 per cent

Wastage rate for private universities and colleges stands at 5 per cent.

(ii)Dropout

This indicator refers to the number of students who have given up their education; i.e., students who have dropped out or who have been unenrolled (after failing for two years). In all, 25,872 students have dropped out of higher education (both State and private), subdivided as follows:

Dropout rate for State-run education stands at 4 per cent

Dropout rate for private education stands at 2 per cent

A comparison of the dropouts for the academic year 2018/17 (5 per cent for public education and 3 per cent for private) with those for 2021/22, shows that the rates have decreased. The reason for this is, most notably, the changes in the educational system due to the coronavirus disease (COVID-19) pandemic and the shift to remote education. Another reason lies in the decision taken by the Ministry of Higher Education and Academic Research to provide greater academic and technical support.

Higher education and qualifications remain a vital and pressing issue, particularly in the light of the rapid transformations and advanced technologies which mean that the labour market demands outstanding graduates who are equipped with skills to meet the challenges that will arise as their careers progress. For that reason, the Department for Planning at the Ministry of Higher Education and Academic Research is overseeing the creation of “qualifications and careers offices” in State-run universities. Thirty-five such offices have been created to date. The table below contains the most significant statistical indicators that emerged from the results of an online survey form concerning the activities of “qualifications and careers offices” in State-run universities in Iraq:

Indicator

2020/21

2021/22

2022/2023

Number of developmental courses offered to students and graduates

895

750

1 210

Number of training workshops offering specialized certificates for students and graduates

551

904

939

Number of job fairs organized by universities

5

14

28

Number of students attending job fairs

215

15 779

4 314

Number of students and graduates in public-sector summer internships

47 215

40 382

29 273

Number of students and graduates in private-sector summer internships

3 409

2 521

3 475

Number of students employed in the private sector through the “qualifications and careers offices”

666

1 219

621

Number of private sector companies that helped to form students via summer internships or job training

237

251

435

The most important strategies adopted by the Ministry of Higher Education:

National Early Childhood Development Strategy 2022–2031

National Anti-Corruption Strategy 2020–2024

National Strategy for Education and Higher Education 2022–2031, which includes 5 principal areas and 174 programmes

Draft national nine-year strategy for artificial intelligence

Quinquennial Administrative Reform Strategy

Triennial National Strategy and National Plan to Combat Human Trafficking

Strategy for countering violent extremism that can lead to terrorism

National Counter-Terrorism Strategy

Strategy to combat hate speech

Strategy to accommodate increases in the number of students admitted to undergraduate education.

Constitutional and political structure of the State

The form of the Iraqi flag, as defined under Act No. 9 of 2008

Nature of the State and system of governance

48.The Republic of Iraq is a single, federal, independent and fully sovereign State with a republican, representative (parliamentary) and democratic system of governance. A multi-ethnic, multi-religious and multi-confessional country, it is a member of the United Nations and an active founder member of the League of Arab States, the Organization of Islamic Cooperation and the Movement of Non-Aligned Countries.

49.The Iraqi State was established as a monarchy in 1921 and subsequently became a republic on 14 July 1958. The fall of the dictatorship in the spring of 2003 led to a democratic and pluralistic form of governance. The first sovereign Interim Government was formed on 30 June 2004 and assumed authority for governing the country under the terms of Security Council resolution 1546 (2004). On 30 January 2005, elections were held for the 275-member National Assembly, which was primarily tasked with drafting a permanent constitution for the country and making preparations for the general parliamentary elections to be held on 15 December 2005. The vote on the draft permanent constitution took place on 15 October 2005 and led to a comprehensive review of the legislative structure with the aim of adapting it to the new political, economic and social order. A referendum was duly held on the Constitution, which was published in the Official Gazette No. 4012 of 28 December 2005, the first legal document since 1924 to have been approved by an elected constituent assembly and a national referendum. This Constitution consolidates the political, economic and social features of the new Iraqi State, setting out fundamental principles, notably those enunciated in article 1, which provides: “The Republic of Iraq is a single, independent and fully sovereign federal State with a democratic parliamentary system. This Constitution is to be the guarantor of the unity of Iraq.”

50.According to article 5 of the Constitution, the construction of a democratic system in the country is to come about though “the rule of law. The people are the source of authority and legitimacy, which they exercise via direct, general, secret ballot and via constitutional institutions.” At the same time, article 6 of the Constitution states that authority is to be transferred peacefully through democratic means:

“The transfer of power is to come about peacefully through democratic means, as stipulated in the present Constitution.”

The domestic legal system and the rights of minorities are described in articles 2 and 3 of the Constitution:

“(a)Islam is the official religion of the State and is a fundamental source of legislation:

(i)No law may be enacted that contradicts the established tenets of Islam

(ii)No law may be enacted that contradicts the principles of democracy

(iii)No law may be enacted that contradicts the basic rights and freedoms

stipulated in the present Constitution.

(b)The present Constitution guarantees the preservation of Islamic identity for the majority of the Iraqi people. At the same time, it guarantees religious rights and freedom of belief and practice to all individuals, such as Christians, Yazidis and Sabaean Mandaeans.”

Article 3 of the Constitution states:

“Iraq is multi-ethnic, multi-religious and multi-confessional country. It is a founding and active member in the Arab League and remains committed to the Charter of the League, and it is part of the Islamic world.”

51.Article 141 of the Constitution states that legislation enacted in Kurdistan Region since 1992 is to remain in force, and decisions of the Kurdistan Regional Government, court rulings and contracts are to be considered valid unless they are amended or abrogated by a competent regional entity, pursuant to the laws of Kurdistan Region, and provided that they do not contradict the Constitution.

Distribution of powers in Iraq

52.Under article 47 of the Constitution, the federal authorities consist of a legislature, an executive and a judiciary each exercising its jurisdiction and role on the basis of the principle of separation of powers.

I.Legislature

53.According to article 48 of the Constitution, the federal legislature in Iraq consists of the Council of Representatives and the Federation Council. Under article 49, the Council of Representatives is to be made up of a number of seats equivalent to one seat per 100,000 Iraqis, so as to represent the entire Iraqi people. Members are to be elected by general, secret ballot and with due consideration for the representation of all groups within the Iraqi people.

54.Candidates for membership of the Council of Representatives must be Iraqi and in full possession of their faculties. The conditions applicable to candidates, voters and to all matters concerning elections shall be regulated by law. Under article 49 of the Constitution, not less than one quarter of the membership of the Council must be made up of women.

Functions and powers of the Council of Representatives

55.According to article 61 of the Constitution, the Council of Representatives shall have the following prerogatives:

(a)Enacting federal laws

(b)Overseeing the actions of the executive

(c)Electing the President of the Republic

(d)Regulating the ratification process of international treaties by a law to be enacted by a two-thirds majority of members of the Council of Representatives.

(e)Approving the appointment of:

The President and members of the Federal Court of Cassation, the Chief Public Prosecutor and the President of the Judicial Oversight Commission. Approval is by absolute majority on the basis of a proposal from the Supreme Judicial Council

Ambassadors and special office holders, on the basis of a proposal from the Council of Ministers

The Army Chief of Staff, his assistants, persons of the rank of division commander and above, and the director of the National Intelligence Service, on the basis of a proposal from the Council of Ministers.

(f)

Questioning the President of the Republic, on the basis of a reasoned request submitted by an absolute majority of members of the Council of Representatives.

Relieving the President of the Republic, by an absolute majority of members of the Council of Representatives, if he has been convicted by the Federal Supreme Court in any of the following:

Breaking the constitutional oath

Violating the Constitution

Committing high treason.

(g)

A member of the Council of Representatives may address questions to the Prime Minister and ministers on any subject within their remit. They shall answer the questions put to them by members but only the member that asked the question shall have the right to comment on the reply.

A minimum of 25 members of the Council of Representatives may raise a general issue for discussion, in order to inquire about the policies and performance of the Council of Ministers or one of the ministries. The matter shall be submitted to the Speaker of the Council of Representatives, and the Prime Minister or the ministers shall specify a date on which they will appear before the Council of Representatives to discuss it.

A member of the Council of Representatives, with the approval of 25 members, may address a question to the Prime Minister or ministers to call them to account on matters that fall within their remit. A discussion on the question can be held only after at least seven days have passed since the question was asked.

(h)

The Council of Representatives may, by absolute majority, withdraw confidence from a minister and the minister shall be considered to have resigned from the date of the decision of withdrawal of confidence. A vote of no confidence in a minister may not be held except at the latter’s request or at a request signed by 50 members following discussion of a question directed to the minister. The Council shall not issue its decision regarding the request until at least seven days after its submission.

The President of the Republic may submit a request to the Council of Representatives to withdraw confidence from the Prime Minister.

The Council of Representatives may withdraw confidence from the Prime Minister at the request of one-fifth of its members. Such a request may be submitted only after questions have been addressed to the Prime Minister and at least seven days must pass from the date of submitting the request.

The Council of Representatives withdraws confidence from the Prime Minister by an absolute majority of members.

If confidence is withdrawn from the Prime Minister, the Government is considered to have resigned.

In case of a vote to withdraw confidence in the Council of Ministers as a whole, the Prime Minister and the ministers continue in their positions to run everyday matters for a period not to exceed 30 days, until a new Council of Ministers is formed in accordance with the provisions of Article 67 of the present Constitution.

The Council of Representatives may question the heads of independent commissions following the same procedures as those applicable to the ministers. The Council shall have the right to relieve those heads, by absolute majority.

(i)

Consenting to a declaration of war or state of emergency by a two-thirds majority, on the basis of a joint request from the President of the Republic and the Prime Minister.

Declaring a state of emergency for a period of thirty days, which may be extended although each extension requires approval.

Delegating to the Prime Minister the powers necessary to manage State affairs during the period of declaration of war or state of emergency. Such powers shall be regulated by a law in a manner that does not contradict the Constitution.

The Prime Minister shall present the Council of Representatives with the measures taken and results achieved during the period of declaration of war or state of emergency, within 15 days of its termination.

II.Executive

56.According to article 66 of the Constitution, the federal executive is composed of the President of the Republic and the Council of Ministers, and it carries out its prerogatives in accordance with the Constitution and the law.

57.Article 67 of the Constitution states that the President of the Republic is the Head of State, the symbol of national unity and the embodiment of national sovereignty. It is the President’s responsibility to ensure respect for the Constitution and to preserve the independence, sovereignty, unity and territorial integrity of Iraq.

58.Under article 73 of the Constitution, the President of the Republic has the following powers:

(a)Issuing a special pardon at the recommendation of the Prime Minister, save in private cases and cases involving persons convicted for international crimes, terror offences or financial or administrative corruption.

(b)Ratifying international treaties once they have been approved by the Council of Representatives. Such treaties are considered to be ratified 15 days from the date of receipt.

(c)Ratifying and issuing laws enacted by the Council of Representatives. Such laws are considered to be ratified 15 days from the date of receipt.

(d)Calling the elected Council of Representatives to convene, within a period of not more than 15 days after approval of the election results and in other cases envisaged by the Constitution.

(e)Awarding medals and decorations at the recommendation of the Prime Minister and in accordance with the law.

(f)Accrediting ambassadors.

(g)Issuing presidential decrees.

(h)Ratifying death sentences issued by the competent courts.

(i)Fulfilling the role of commander-in-chief of the armed forces for ceremonial purposes.

(j)Exercising any other presidential prerogatives stipulated in the present Constitution.

59.Given the nature of the transitional period in Iraq and its attendant legal and constitutional particularities, article 138 of the Constitution includes provision for the creation of the “Presidency Council” which, according to that article, “shall replace the expression ‘President of the Republic’ wherever the latter is mentioned in the present Constitution. Provisions related to the President of the Republic shall be reactivated one term after the Constitution comes into force.” In fact, “the Council of Representatives shall elect the President of State and two Vice-Presidents who shall form a council to be called the ‘Presidency Council’, which shall be elected as a single list with a two-thirds majority. … The Presidency Council shall take its decisions unanimously and any member may delegate one of the two other members to take his place. … The Presidency Council shall exercise the powers of the President of the Republic as stipulated in the present Constitution.”

Council of Ministers

60.The formation of the Council of Ministers is set forth in article 76 of the Constitution, according to which the President of the Republic is to designate the nominee of the largest bloc within the Council of Representatives to form the Council of Ministers, within 15 days from the date of the election of the President of the Republic. The Prime Minister-designate then names the members of his government, within no more than 30 thirty days from the date of his designation, and presents those names, along with the government programme, to the Council of Representatives. The Prime Minister is deemed to have gained the confidence of the Council once it has approved, by absolute majority, the individual ministers and the government programme.

61.Article 77 of the Constitution stipulates the same conditions for the Prime Minister as for the President of the Republic. The candidate is to be in possession of a university degree or equivalent qualification and to be at least 35 years of age. The same conditions apply to ministers as to members of the Council of Representatives, and they must be in possession of a university degree or equivalent qualification. Article 78 of the Constitution describes the Prime Minister as the executive officer directly responsible for general State policy and commander-in-chief of the armed forces. The Prime Minister directs the Council of Ministers, presides over its meetings and has the right to dismiss ministers, with the approval of the Council of Representatives.

62.Article 80 of the Constitution lists the powers of the Council of Ministers in Iraq:

(a)Planning and implementing general State policy and plans, and overseeing the work of ministries and non-ministerial bodies.

(b)Proposing bills.

(c)Issuing regulations, instructions, and decrees for the purpose of implementing the law.

(d)Preparing the draft of the general budget, final accounts and development plans.

(e)Issuing recommendations to the Council of Representatives to approve the appointment of undersecretaries, ambassadors, special office holders, the Army Chief of Staff and his assistants, persons of the rank of division commander and above, the director of the National Intelligence Service and heads of security agencies.

(f)Negotiating and signing international treaties or designating someone to do so.

III.Judiciary

63.The judiciary in Iraq is the third of the constitutionally mandated national institutions. Coalition Provisional Authority Order No. 35 of 2003 envisaged the creation of the Supreme Judicial Council to oversee the judicial and prosecutorial systems and stipulated that the Council is to perform its functions independently of the Ministry of Justice. That state of affairs was subsequently reaffirmed in the Constitution, article 87 of which reads: “The judiciary is independent and exercises its authority through courts of various types and levels, which issue decisions in accordance with the law.” According to article 88 of the Constitution, “Judges are independent and subject to no authority save that of the law. No one has the right to interfere in the judiciary or in the administration of justice.” Supreme Judicial Council Act No. 45 of 2017 regulates the composition, functions and rules of procedure of the Council and abrogates Coalition Provisional Authority Order No. 35 of 2003.

64.Under article 89 of the Constitution, the federal judiciary is composed of the Supreme Judicial Council, the Federal Supreme Court, the Federal Court of Cassation, the Office of the Public Prosecution, the Judicial Oversight Commission and other federal courts, which are regulated according to law.

65.Articles 90 and 91 of the Constitution define the role of the Supreme Judicial Council as the body that oversees all matters relating to the organs of the judiciary, as follows:

(a)Administering the affairs of the judiciary and supervising the federal judiciary.

(b)Presenting the Council of Representatives with prospective candidates for the presidency and membership of the Federal Court of Cassation, the office of Chief Public Prosecutor and the office of President of the Judicial Oversight Commission. It is up to the Council, then, to approve those appointments.

(c)Proposing a draft annual budget for the federal judiciary and submitting it to the Council of Representatives for approval.

66.Article 95 prohibits the creation of special or extraordinary courts.

67.For its part, article 97 states: “Judges may not be dismissed except in cases specified by law. The law also specifies the provisions relating to judges and the disciplinary measures whereby they can be held accountable.”

68.In order to consolidate the principle of judicial independence, article 98 of the Constitution prohibits judges or public prosecutors from combining a judicial post with legislative or executive responsibilities or any other employment, just as it prohibits them from joining a political party or organization or performing any political activity.

69.The military courts are covered under article 99 of the Constitution, according to which the jurisdiction of such courts is limited to crimes of a military nature committed by members of the armed forces and the security forces, within the limits established by law. Article 100 states that no law may state that any administrative action or decision is immune from appeal. For its part, article 101 envisages the establishment of the Council of State, which concerns itself with the functions of the administrative courts, issues opinions, formulates texts and represents the State and other public bodies before the courts, except unless otherwise envisaged by law.

70.The Supreme Judicial Council has issued instructions for the creation of the following specialized human rights courts:

An investigative court at the headquarters of each appeals district to investigate complaints referred by the Office of the Public Prosecution and forwarded by the Iraqi High Commission for Human Rights.

An investigative court and a misdemeanour court specializing in cases of domestic violence, to be located at the headquarters of each appeals district.

A special court on publishing and media to be located at the headquarters of all appeal courts; the court is tasked with considering complaints regarding journalists and their functions.

A body at the Court of Cassation to consider labour-related appeals, as envisaged in the Labour Code (Act No. 37 of 2015).

71.The Supreme Judicial Council has approved a medium-term plan to increase the number of judges by running two courses annually, one for judges and one for public prosecutors.

72.As of March 2024, there were 1,576 judges and prosecutors (not counting Kurdistan Region).

Federal Supreme Court

73.Provisions relating to the Federal Supreme Court are contained in articles 92–94 of the Constitution, as follows:

Article 92

(a)The Federal Supreme Court is a financially and administratively independent judicial body.

(b)The Federal Supreme Court is to be composed of judges, experts in Islamic jurisprudence and legal scholars. Their number, the method whereby they are selected and the work of the Court is to be determined by a law enacted by a two-thirds majority of the Council of Representatives.

According to article 93, the Federal Supreme Court is to have jurisdiction over the following:

(a)Monitoring the constitutionality of laws and regulations.

(b)Interpreting the Constitution.

(c)Settling matters that arise from the application of federal laws and of decrees, regulations and instructions issued by federal authorities. Under the law, the Council of Ministers, concerned individuals and others shall have the right to appeal directly to the Court.

(d)Settling disputes that arise between the Federal Government and the governments of regions, governorates and local municipalities and administrations.

(e)Settling disputes that arise between the governments of regions and of governorates.

(f)Settling accusations directed against the President of the Republic, the Prime Minister or ministers, as regulated by law.

(g)Ratifying the final results of general elections for members of the Council of Representatives.

(h)

(i)Settling jurisdictional disputes between the federal judiciary and the judicial bodies of regions and of governorates that are not organized as a region.

(ii)Settling jurisdictional disputes between judicial bodies of regions and of governorates that are not organized as a region.

According to article 94 of the Constitution, the decisions of the Federal Supreme Court are final and binding on all bodies.

Council of State

74.The establishment of the Council of State is envisaged in article 101 of the Constitution. The Council is to concern itself with the functions of the administrative courts and to issue opinions, formulate texts and represent the State and other public bodies before the courts, except unless otherwise envisaged by law.

75.The Council of State came into being pursuant to Act No. 71 of 2017 which stipulates that the prerogatives of the State Consultative Council are to be transferred to the Council of State established under the Act. The purpose of this is to ensure that the administrative judiciary remains independent from the executive. Under the Act, moreover, the Council of State is an independent body with legal personality; it includes the administrative courts, the civil service courts and the Supreme Administrative Court.

Legislative actions undertaken by the Council of State

Legislation

2021

2022

2023

Total

Laws

41

41

45

139

Legislative regulations

8

6

10

27

Instructions

42

36

48

130

Rules of procedure

21

19

23

68

Legal opinions

132

130

175

469

Cases considered by the courts of the Council of State

Court

2021

2022

2023

Administrative courts

10 977

7 812

6 960

Civil service courts

8 025

5 608

6 770

Supreme Administrative Court

4 979

5 485

5 769

76.As concerns the Judicial Council for Kurdistan Region:

In all, there are 270 judges in Kurdistan Region, 201 men and 69 women. There are, moreover, 205 prosecutors in the Region, of whom 147 are men 58 are women. Lastly, there are 440 judicial investigators, 244 of them men and 96 women.

Judicial assistants number 440 of whom 215 are men and 233 are women. Of that total, 4 men and 2 women are waiting to be appointed as judicial investigators.

Women in the Judicial Institute in Kurdistan Region

Course

Male participants

Female participants

Total

Third course

31

28

59

Fourth course

38

22

60

Total

69

51

120

IV.Independent commissions

77.The Constitution of Iraq envisages the creation of independent commissions. The commissions are not associated with any of the three aforementioned powers, and this obviates any possible interference by those powers in the commissions’ decisions. Article 102 of the Constitution reads: “The High Commission for Human Rights, the Independent High Electoral Commission and the Commission on Integrity are independent commissions. They are monitored by the Council of Representatives and their functions are regulated by law.”

78.According to article 103 of the Constitution: “The Central Bank of Iraq, the Financial Audit Office, the Media and Communications Commission and endowment bureaus are all financially and administratively independent commissions, the operations of which are to be regulated by law. The Central Bank of Iraq is answerable before the Council of Representatives, the Financial Audit Office and the Media and Communications Commission are attached to the Council of Representatives and the endowment bureaus are attached to the Council of Ministers.”

79.Article 104 of the Constitution reads: “A commission named the Martyrs’ Foundation shall be established and attached to the Council of Ministers, and its functions and competencies shall be regulated by law”. Article 105 states: “A public commission shall be established to guarantee the rights of the regions and of governorates that are not organized as a region with a view to ensuring that they are able participate fairly in the administration of federal-level State institutions as well as in missions and academic bursaries and delegations to regional and international conferences. The commission shall be made up of representatives from the Federal Government as well as from regions and from governorates that are not organized as a region.”

80.Under article 106, a public commission shall be established by law to oversee the allocation of federal revenues. The commission shall be comprised of experts and representatives from the Federal Government as well as from regions and governorates, who shall have the following responsibilities:

(a)Verifying the fair distribution of grants, aid and international loans pursuant to the entitlement of the regions and of the governorates that are not organized as a region.

(b)Verifying the ideal use and division of federal financial resources.

(c)Guaranteeing transparency and fairness in the allocation of funds to the governments of regions and of governorates that are not organized as a region, in accordance with agreed quotas.

Public Service Council

81.Under the terms of article 107 of the Constitution, a council is to be established named the “Federal Public Service Council” to regulate the affairs of the federal public service, including appointments and promotions. The composition and mandate of the Council are to be regulated by law. Act No. 9 of 2009 regulates the Federal Public Service Council and while its functions, composition and internal subdivisions are regulated under Statute No. 1 of 2022. Efforts are currently being made to formulate guidelines to facilitate the implementation of the Act, the objectives of which include the following:

Developing and raising the standard of public service, providing equal opportunities and ensuring equality among persons qualified to work in public service.

Planning and overseeing the delivery of public services in State departments.

Upgrading the State’s administrative apparatus and functional infrastructure, improving the effectiveness of public service officials and providing them with social welfare in coordination with the competent authorities.

82.Article 108 stipulates that other independent commissions may be established by law.

83.Since Iraq, by means of its present Constitution, has opted for a federal form of governance, the Constitution undertakes to define the competencies of the federal authorities. Article 109 of the text reads: “The federal authorities shall preserve the unity, integrity, independence, and sovereignty of Iraq and its federal democratic system.” Article 110 identifies the following as being under the exclusive remit of the federal authorities:

(a)Foreign policy and diplomatic representation; negotiating, signing and ratifying international treaties; negotiating, signing and ratifying borrowing policies; and formulating a sovereign foreign economic and trade policy.

(b)Formulating and implementing national security policy, including establishing and administering the armed forces to defend Iraq and secure and protect its borders.

(c)Formulating fiscal and customs policy; issuing currency; regulating trade policy across regional and governorate boundaries; drawing up the national State budget; formulating monetary policy; and establishing and administering the Central Bank.

(d)Regulating standards, weights and measures.

(e)Regulating issues of citizenship, naturalization, residency and the right to political asylum.

(f)Regulating broadcast frequency policy and postage.

(g)Drafting the bill for the general and investment budget.

(h)Planning policies relating to water resources from outside Iraq and guaranteeing water levels and flow.

(i)Gathering general population statistics and conducting censuses.

84.According to articles 111 and 112 of the Constitution, oil and gas are owned by all the people of Iraq, in all regions and governorates. Furthermore, the Federal government shall – with the governments of the producing regions and governorates – administer the oil and gas extracted from existing fields and distribute the revenues fairly, in proportion to the population distribution in all parts of the country. For a specified period, a quota shall be set aside for regions that suffered harm as a result of unjust deprivation by the former regime and for regions that have suffered harm subsequently, in such a way as to ensure balanced development across the country. This shall be regulated by a law. The Federal Government and the governments of the producing regions and governorates shall together formulate the strategic policies necessary to develop oil and gas wealth in a way that brings most benefit to the Iraqi people, using the most advanced marketing techniques and encouraging investment.

85.Article 113 states that antiquities, archaeological sites, cultural buildings, manuscripts and coins shall be considered as treasures belonging to the nation. They fall under the jurisdiction of the federal authorities and are to be administered in cooperation with regions and governorates. This shall be regulated by a law.

86.With a view to resolving any future disputes that might arise between federal and regional authorities, article 114 of the Constitution specifies that they share the following tasks:

(a)Administering customs, in coordination with governments of regions and with governorates that are not organized as a region, as regulated by law.

(b)Regulating and distributing the principal sources of electrical energy.

(c)Formulating environmental policy so as to protect and cleanse the environment from pollution, in cooperation with regions and governorates that are not organized as a region.

(d)Formulating development policies and general planning.

(e)Formulating public health policy, in cooperation with regions and governorates that are not organized as a region.

(f)Formulating public education policy, in consultation with regions and governorates that are not organized as a region.

(g)Formulating and regulating an internal water resources policy so as to ensure fair distribution, as regulated by law.

87.Article 115 of the Constitution makes it clear that all powers not stipulated as being the exclusive prerogative of the Federal Government lie with the authorities of regions and of governorates that are not organized as a region. With regard to other powers shared between the Federal Government and the regions, if any dispute arises, priority shall be given to the law that regulates regions and governorates not organized as a region.

88.Under articles 116 and 117 of the Constitution, the federal system in the Republic of Iraq is made up of a capital and decentralized regions and governorates, as well as local administrations. Moreover, the Constitution, upon coming into force, recognizes Kurdistan Region, along with its existing authorities, as a federal region. The Constitution also recognizes new regions established in line with constitutional provisions.

89.Article 119 recognizes the right of one or more governorates to organize as a region, on the basis of a request (to be voted on in a referendum) submitted in one of the following two methods:

(a)A request by one third of members of the provincial assembly of each governorate intending to form a region.

(b)A request by one tenth of the voters in each of the governorates intending to form a region.

90.Article 120 of the Constitution states that each region is to adopt a constitution of its own that defines the structure of the different powers in that region, their mandates and the mechanisms for exercising such mandates, provided that this does not contradict the Federal Constitution.

91.Under article 121, the regional authorities have the right to exercise executive, legislative, and judicial powers in accordance with the Constitution, except for those powers that are the exclusive prerogative of the Federal Government. Moreover, the regional authorities have the right to amend the application of federal law within their region if that law contradicts regional law and concerns an issue that does not fall under the exclusive jurisdiction of the federal authorities. Regions and governorates are to be allocated an equitable share of federal revenues, sufficient for them to discharge their responsibilities and duties while taking account of their resources, needs and population. Regions and governorates have the right to set up bureaus in embassies and diplomatic missions, in order to monitor matters related to culture, society and development. The regional government is responsible for all the administrative requirements of the region, particularly the establishment and organization of the internal regional security forces. Article 122 of the Constitution deals with the composition of governorates, as follows:

(a)Governorates shall be made up of districts, sub-districts, and villages.

(b)Governorates that are not organized as a region shall be granted broad-ranging administrative and financial powers under which they are able to manage their own affairs in accordance with the principle of decentralized administration, as regulated by law.

(c)The governor, who is elected by the provincial assembly, is the highest executive official in the governorate and exercises the powers vested in him by the assembly.

(d)The election of the provincial assembly and the assembly’s powers shall be regulated by law.

(e)The provincial assembly shall not be subject to the control or supervision of any ministry or any non-ministerial body, and it shall be financially independent.

92.Under article 125, the Constitution guarantees the administrative, political, cultural and educational rights of the various ethnic groups such as Turkmen, Chaldeans, Assyrians and all other groups, as regulated by a law enacted to that end.

93.With a view to achieving reconciliation in the aftermath of the human rights violations committed by the former regime, article 132 of the Constitution requires the State to guarantee the welfare of families of martyrs, political prisoners and persons who suffered as a result of the oppressive practices of the defunct dictatorial regime and to compensate the families of persons killed or injured as a result of terrorist acts. The Supreme Iraqi Criminal Tribunal, as an independent judicial body, examines the offences committed by the defunct dictatorial regime and its leaders.

94.Article 135 of the Constitution includes provision for the De-Baathification Commission to continue its work as an independent commission, in coordination with the judiciary and the organs of the executive, within the framework of the laws regulating its functions. The Commission shall be attached to the Council of Representatives. The Commission’s place has since been taken by a new body called the Commission for Accountability and Justice, which undertakes its functions in accordance with a law enacted to that end.

95.Article 136 of the Constitution includes provision for the Property Claims Commission to continue its work as an independent commission, in coordination with the judiciary and the organs of the executive, in accordance with the law. The Commission shall be attached to the Council of Representatives.

96.Article 140 envisages steps to resolve other issues related to the practices of the former regime in regard of disputed areas.

Public Service Council in Kurdistan Region

97.The Parliament of the Kurdistan Region issued Act No. 7 of 2011 to regulate the Region’s Public Service Council. The Act delineates the operating mechanism of the Council, the function it is to perform, its structure and its objectives.

Elections in Iraq

98.The following elections have been held in Iraq:

General elections were held for the Council of Representatives, pursuant to the permanent Constitution, and a new democratically elected Government of National Unity was formed in mid-2006.

Elections for the Council of Representatives in 2010.

Elections for the provincial councils and elections in Kurdistan Region in 2013.

Elections for the Council of Representatives in 2014.

Elections for the Council of Representatives in 2018.

Elections for the Council of Representatives in 2021.

Elections for the councils of governorates not incorporated into a region, in 2023.

99.The table below provides details about the elections held in 2010 for the Federal Council of Representatives, the elections in 2013 for provincial assemblies and in Kurdistan Region, the elections in 2014 for the Federal Council of Representatives, the elections in 2018 for the Federal Council of Representatives and the elections in 2021 for the Federal Council of Representatives.

Description

Elections for the Federal Council of Representatives 2010

Elections for provincial assemblies 2013

Elections in Kurdistan Region 2013

Elections for the Federal Council of Representatives 2014

Elections for the Federal Council of Representatives 2018

Elections for the Federal Council of Representatives 2021

Proportion of participants in the elections

62.39 per cent

44.19 per cent

76.22 per cent

62 per cent

44.52 per cent

-

Number of registered voters

19 240 093

13 571 192

2 666 145

12 619 599

24 352 253

25 825 094

Number of persons who voted

12 002 962

6 132 881

1 939 247

12 619 599

10 989 940

-

Number of authorized political entities

305

265

39

277

-

ـ

Number of political entities participating in the elections

86

139

31

107

-

235

Number of coalitions

12

50

2

36

23

24

Number of candidates

6 234

8 057

1 129

9 037

6 990

3 244

Number of male candidates

4 428

5 869

763

6 434

4 979

2 295

Number of female candidates

1 806

2 188

366

2 604

2 011

949

Number of seats

325

(310 governorate seats, 8 minority seats and 7 compensatory seats)

447

111

328

329

-

Number of local observers

114 615

100 180

6 210

170 789

-

4 046 men and 784 women

Number of international observers

1 447

348

394

1 232

-

509

100.According to article 93 (3) of the Elections Act: “Displaced persons may vote on the basis of the most up-to-date statistics provided to the Commission by the Ministry of Migration and Migrants and the Ministry of Commerce. In this way, displaced persons have the right to cast their vote (in the place where they reside) for their constituency of origin whence they were displaced using a long-term biometric card for displaced persons. The constituencies for which they are able to vote must be determined in advance.” The table below shows the distribution of displaced voters in the governorates to which they have been displaced as well as the number of registration centres, voting centres and polling stations.

Table showing the distribution of displaced voters for the 2021 elections

Governorate

Displaced voters

Registration centres

Voting centres

Polling stations

Dahuk

69 438

23

31

168

Erbil

25 200

20

20

65

Sulaymaniyah

11 115

7

9

29

Nineveh

714

1

1

2

Kirkuk

6 451

3

4

16

Diyala

200

2

2

2

Anbar

3 807

2

2

9

Baghdad/Karkh

393

1

1

1

Babil

193

1

1

1

Karbala

443

1

1

1

Wasit

198

1

1

1

Najaf

1 403

3

3

4

Qadisiyah

216

2

2

2

Muthanna

15

1

1

1

Dhi Qar

104

2

2

2

Maysan

40

2

2

2

Basra

196

3

3

3

Total

120 126

75

86

309

Elections for governorates not incorporated into a region, 2023

101.Statistics concerning the 2023 elections for the councils of governorates not incorporated into a region:

Total number of voters: 19,060,745.

Total number of male voters: 10,135,767.

Total number of female voters: 8,924,978.

Total number of local media professionals: 1,818:

Total number of media professionals (male): 1,740.

Total number of media professionals (female): 78.

Total number of parties participating in the 2023 elections for the councils of governorates not incorporated into a region:

Number of parties led by men: 296.

Number of parties led by women: 7.

Total number of coalitions participating in the 2023 elections for the councils of governorates not incorporated into a region: 64.

Total number of candidates of both sexes participating in the 2023 elections for the councils of governorates not incorporated into a region: 5,896.

Number of male candidates: 4,235.

Number of female candidates: 1,661.

Number of independent female candidates: 5.

Table showing the number and distribution of displaced voters as well as the number of voting centres and polling stations

Governorate

Displaced voters

Voting centres

Polling stations

Dahuk

39 4222

23

96

Erbil

5 023

7

13

Sulaymaniyah

3 815

5

11

Remaining governorates

0

0

0

Total

48 260

35

120

General framework for the promotion and protection of human rights

Table showing the core United Nations human rights treaties to which Iraq is a party

No.

Treaty

Date

1

International Convention on the Elimination of All Forms of Racial Discrimination

14/1/1970

2

International Covenant on Economic, Social and Cultural Rights

25/1/1971

3

International Covenant on Civil and Political Rights

25/1/1971

4

Convention on the Elimination of All Forms of Discrimination against Women

13/8/1986

5

Convention on the Rights of the Child

15/6/1994

6

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

24/6/2008

7

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

24/6/2008

8

International Convention for the Protection of All Persons from Enforced Disappearance

23/11/2010

9

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

7/7/2011

10

Convention on the Rights of Persons with Disabilities

20/3/2013

Table showing the conventions of the International Labour Organization (ILO) to which Iraq is a party

No.

Treaty

Date

1

Abolition of Forced Labour Convention, 1957 (No. 105)

15/6/1959

2

Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

15/6/1959

3

Protection of Wages Convention, 1949 (No. 95)

1960

3

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

27/10/1962

4

Forced Labour Convention, 1930 (No. 29)

27/10/1962

5

Equal Remuneration Convention, 1951 (No. 100)

28/8/1963

6

Employment Policy Convention, 1964 (No. 122)

1970

7

Minimum Wage Fixing Convention, 1970 (No. 131)

1974

8

Holidays with Pay Convention (Revised), 1970 (No. 132)

1974

9

Paid Educational Leave Convention, 1974 (No. 140)

1978

10

Equality of Treatment (Social Security) Convention, 1962 (No. 118)

1978

11

Minimum Age Convention, 1973 (No. 138)

13/2/1985

12

Safety and Health in Construction Convention, 1988 (No. 167)

1990

13

Worst Forms of Child Labour Convention, 1999 (No. 182)

9/7/2001

14

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

21/2/2016

15

Freedom of Association and Protection of the Right to Organise Convention 1948 (No. 87)

1/6/2019

16

Convention, 2000 (No. 138)

2019

17

Convention, 2001 (No. 184)

2020

18

Convention, 2003 (No. 185)

2020

19

Convention, 1952 (No. 102)

2021

20

Maritime Labour Convention 2006

2021

21

Social Security (Minimum Standards) Convention, 1952 (No. 102)

2021

22

Maritime Labour Convention 2006

2021

Table showing the principal human rights treaties to which Iraq is a party

No.

Treaty

Year

1

International Convention for the Suppression of Terrorist Bombings

2012

2

International Convention against the Taking of Hostages

2012

3

Arab Charter on Human Rights

2012

4

Convention on the Protection and Promotion of the Diversity of Cultural Expressions

2012

5

Act whereby Iraq acceded to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

2012

6

Arab Convention against Transnational Organized Crime

2012

7

International Convention for the Suppression of Acts of Nuclear Terrorism

2012

8

The Hague Convention on the Civil Aspects of International Child Abduction

2013

9

Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition

2013

10

Cartagena Protocol on Biosafety

2013

11

International Convention against the Taking of Hostages

2013

12

Act No. 4 of 2012 whereby Iraq acceded to the Convention of the Organization of the Islamic Conference on Combating International Terrorism

2013

13

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and its Additional Protocols

2014

14

Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

2014

15

Treaty on Inter-Arab Cooperation in the Regulation and Facilitation of Relief Operations, as amended

2015

16

Protocol to Eliminate Illicit Trade in Tobacco Products

2015

17

Stockholm Convention on Persistent Organic Pollutants

2015

18

Unified Agreement for the Investment of Arab Capital in the Arab States (1980)

2015

19

Promotional Framework for Occupational Safety and Health Convention

2015

20

Agreement for the Promotion, Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference

2015

21

United Nations Convention on Jurisdictional Immunities of States and Their Property

2015

22

Act No. 46 of 2015 whereby Iraq acceded to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

2016

23

Act No. 53 of 2015 whereby Iraq acceded to the Agreement on International Railways between Arab Countries and its annexes

2016

24

Act whereby Iraq acceded to the Protocol of 1988 Relating to the 1974 International Convention for the Safety of Life at Sea

2016

25

Act No. 30 of 2015 whereby Iraq acceded to the 1968 Convention on Road Traffic and to the 2006 European Agreement supplementing the Convention

2016

26

Act No. 54 of 2017 whereby Iraq ratified the Arab Agreement to Regulate Passenger Land Transport between and across the Arab States

2017

27

Act whereby Iraq acceded to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)

2017

28

Act No. 75 of 2017 whereby Iraq acceded to the 1972 Convention on the International Regulations for Preventing Collisions at Sea

2017

29

Act No. 87 of 2018 whereby Iraq acceded to the ILO Freedom of Association and Protection of the Right to Organise Convention

2018

30

Act whereby Iraq acceded to the Cape Town Convention and Protocol to the Convention on International Interest in Mobile Equipment on Matters Specific to Aircraft Equipment

2018

31

Act No. 23 of 2019 whereby Iraq acceded to the ILO Maternity Protection Convention, 2000 (No. 183)

2019

32

Act No. 20 of 2019 whereby Iraq acceded to the UNESCO Convention on the Protection of the Underwater Cultural Heritage

2019

33

Act No. 22 of 2019 whereby Iraq ratified the Protocol of 2014 to the ILO Forced Labour Convention, 1930 (No. 29)

2019

34

Act No. 7 of 2020 whereby Iraq acceded to the ILO Safety and Health in Agriculture Convention, 2001 (No. 184)

2020

35

Act No. 14 of 2001 whereby Iraq acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958)

2021

36

Act No. 3 whereby Iraq acceded to the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102)

2021

37

Act No. 4 whereby Iraq acceded to the International Convention on Salvage of 1989

2021

38

Act No. 5 whereby Iraq acceded to the International Convention on Civil Liability for Bunker Oil Pollution Damage

2021

39

Act No. 6 whereby Iraq acceded to theInternational Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001

2021

40

Act No. 9 amending Act No. 30 of 2015 whereby Iraq acceded to the 1968 Convention on Road Traffic and to the 2006 European Agreement supplementing the Convention

2021

41

Act No. 1 whereby Iraq acceded to theGrains Trade Convention of 1995

2021

42

Act No. 15 whereby Iraq acceded to thePatent Cooperation Treaty of 1970

2021

43

Act No. 16 whereby Iraq acceded to theProtocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000

2021

44

Act No. 17 whereby Iraq acceded to theProtocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, 1988

2021

45

Act No. 18 whereby Iraq acceded to theNairobi International Convention on the Removal of Wrecks, 2007

2021

46

Act No. 22 whereby Iraq acceded to theInternational Convention for Safe Containers, 1972

2021

47

Act No. 16 whereby Iraq acceded to theMaritime Labour Convention, 2006

2021

48

Act No. 6 whereby Iraq acceded to theCustoms Convention on the International Transport of Goods under Cover of TIR Carnets, 1975

2022

49

Document whereby Iraq acceded to theGrains Trade Convention of 1995

2023

50

Act No. 10 whereby Iraq acceded to the Statutes of the Islamic Organization for Food Security

2023

51

Document whereby Iraq acceded to theCustoms Convention on the International Transport of Goods under Cover of TIR Carnets, 1975

2023

52

Document whereby Iraq acceded to theInternational Convention on Civil Liability for Bunker Oil Pollution Damage of 1992

2023

Legal framework for the protection of human rights at the national level

102.The 2005 Constitution of Iraq guarantees the rights and freedoms of citizens. Rights are afforded clear protection in a manner consistent with the post-dictatorial period, which began in 2003, as the Republic of Iraq has taken a new approach to rights protection with a view to healing the wounds of the previous era. Section II of the Constitution is dedicated to those rights and freedoms, as follows:

Civil and political rights are addressed in articles 14 to 21 of the Constitution, which envisage protection for such rights and describe the legal mechanisms necessary to give effect to the constitutional provisions, in particular ordinary laws regulating those rights. The articles in question cover equality before the law; the right to life, security and liberty; equality of opportunity; respect for individual privacy; and the inviolability of homes. They also cover the right to citizenship, prohibit the withdrawal of citizenship and envisage the right to pass on citizenship on grounds different to those that existed under the legal system in Iraq prior to 2003. This is to ensure that citizenship is not granted in fulfilment of settlement policies that disrupt the demographic structure of the Republic of Iraq. The same articles also address the independence of the judiciary; the principle that there can be no offence and no penalty save by law; the right to a defence; the presumption of innocence; equality before the courts; public trials; the personal nature of punishments; the non-retroactive nature of laws; the right to participate in political and public life; the right asylum; the deportation of offenders; and other rights.

Economic, social and cultural rights are addressed in articles 22 to 36 of the Constitution, which describe the exercise of those rights and the obligations incumbent upon the authorities to protect, promote and respect them. The articles in question cover the right to work; the right to organize trade unions; the right to property and its protection; the freedom of movement of the workforce; the reform of the national economy; the encouragement of investment; the inviolability and protection of public funds; the regulation of taxes and tariffs; the protection of the family, mothers, children and older persons; social and health care; the welfare of persons with disabilities and special needs; the protection of the environment and biodiversity; the right to education; the encouragement of scientific research; the protection of cultural institutions and the right to practise sport.

Freedoms are addressed in articles 37 to 46 of the Constitution, which describe the complementary approach being taken to construct Iraq democratically, by protecting freedoms and laying the groundwork for their enjoyment. The articles in question cover individual freedom and respect for human dignity; the prohibition of torture or ill-treatment of any kind during investigations; the protection of individuals from any form of coercion; the criminalization of forced labour, slavery and the slave trade, of trading in women and children, and of the sex trade; freedom of expression, opinion and the press; freedom of peaceful assembly; freedom to establish and join political associations or parties; freedom of communication and correspondence of all forms; freedom to regulate personal status issues; freedom of thought, conscience and belief; freedom to practise religious rites; freedom of worship; freedom of movement and travel; freedom of operation for civil society institutions; and other freedoms.

103.Human rights treaties come into effect by means of a law enacted by the Iraqi Council of Representatives and ratified by the President of the Republic. They become effective from the date of publication in the Official Gazette. The implementation of treaties at the domestic level depends upon the issuance of implementing legislation that specifies general frameworks and relevant provisions, in line with the treaty concerned.

104.There are courts in Iraq with responsibility for examining matters related to human rights, publishing and media, domestic violence and sports disputes. The administrative courts and the civil service courts look into matters affecting State employees and into grievances arising from an administrative decision.

105.Iraq has enacted legislation under which citizens are able to access redress, compensation and rehabilitation. In fact, transitional justice laws include provision for granting appropriate compensation and envisage privileges for persons who suffered harm as a result of the policies of the former dictatorship. Such measures extend for a specified period of time. Furthermore, Iraq treats victims of combat operations, military errors and terrorist activities in a way that ensures access to redress for all Iraqi people, in accordance with Act No. 20 of 2009, concerning compensation for persons affected by military operations, military errors and terrorist activities, as amended.

106.Iraq reacts to natural catastrophes and other calamities by identifying afflicted areas. Prompt and urgent measures are then taken and high-level decisions made by various State bodies with a view to mitigating the impact of the crisis and providing redress.

Human rights institutions

107.Iraq has established a number of official human rights institutions. They help to monitor, promote and protect human rights while also focusing on the reconciliation of issues left as a legacy of the former regime with all the attendant violations which affected broad swathes of the Iraqi people. The institutions also make an important contribution to building Iraqi society and to promoting a culture of human rights.

Human Rights Committee of the Council of Representatives

108.The Committee plays an active role in monitoring the human rights situation in Iraq and in presenting and discussing draft laws on human rights. The Committee operates under the rules of procedure of the Council of Representatives.

Human Rights Department at the Ministry of Justice

109.In accordance with article 16 of Act No. 18 of 2005 regulating the Ministry of Justice, Statute No. 2 of 2019 was enacted, being the “the rules of procedure governing the subdivisions and functions of the Human Rights Department at the Ministry of Justice”. According to the Statute, the Ministry’s Human Rights Department is to include a report writing section, a monitoring section and a missing persons section, as well as an administrative division to deal with the administrative aspects of the Department’s work.

110.Statute No. 2 of 2019 was subsequently amended by Statute No. 1 of 2024, which alters the configuration of the subdivisions of the Human Rights Department at the Ministry of Justice. Following the changes, the Department now has five sections: report writing, missing persons, monitoring, follow-up and administration.

111.The National Committee for Missing Persons is headed by the Minister of Justice. Its membership is made up as follows: the most senior undersecretary in the Ministry of Justice as Vice President, the Supreme Judicial Council (Head Office of the Public Prosecution), the Office of the Prime Minister’s Advisor for Human Rights, the Secretariat of the Council of Ministers (Legal Department), the Standing National Committee on International Humanitarian Law (Office of the Coordinator for Recommendations in Kurdistan Region), the Ministry for Foreign Affairs (Human Rights Department), the Ministry of Defence (Legal Department – Human Rights Directorate), the Ministry of the Interior (Office of the Minister – Human Rights Directorate), the Ministry of Justice (Human Rights Department), the Ministry of Health (Department for Forensic Medicine), the Ministry of Migration and Migrants (Legal Department), the Ministry of Labour and Social Affairs (General Directorate for Survivors’ Affairs), the National Security Advisory, the National Intelligence Service, the National Security Agency, the Popular Mobilization Forces, the Counter-Terrorism Service, the Iraqi High Commission for Human Rights (National Office), the Political Prisoners’ Foundation (Legal Department) and the Martyrs’ Foundation (Department for Mass Graves).

112.The National Committee for Missing Persons has the following functions:

(a)It fulfils the international obligations of Iraq vis-à-vis missing persons.

(b)The Human Rights Department at the Ministry of Justice administers all matters relating to missing persons in Iraq.

(c)It has created a single national registry of missing persons in the Human Rights Department at the Ministry of Justice.

(d)It has set up a mechanism to investigate the fate of missing persons in Iraq.

Iraqi High Commission for Human Rights

113.Iraq established its High Commission for Human Rights with a view to disseminating, protecting and promoting a human rights culture in the country and to monitoring and evaluating human rights violations. The High Commission – which has legal personality and is financially and administratively independent – is headquartered in Baghdad and is attached to the Council of Representatives, before which it is answerable. It has 16 branch offices, 2 in Baghdad and 14 in the governorates. The purpose of the High Commission is to ensure that human rights are guaranteed, protected, promoted and respected in Iraq, to protect the rights and freedoms enshrined in the Constitution, the law and the international treaties that Iraq has ratified and to consolidate and develop the values and culture of human rights. In that connection, the High Commission carries out the following functions:

(a)It coordinates with the competent authorities to draft strategies and joint action mechanisms in order ensure that it achieves its objective, as per article 3 of the present Act.

(b)It undertakes studies and research, makes recommendations and delivers opinions on issues related to the promotion and development of human rights.

(c)It examines and evaluates current legislation and its degree of compliance with the Constitution and submits recommendations to the Council of Representatives.

(d)It makes proposals and recommendations regarding the accession of Iraq to international human rights treaties.

(e)It cooperates and coordinates with civil society organizations that work in the field of human rights in Iraq, and it communicates with independent and non-governmental international human rights institutions in such a way as to achieve the High Commission’s objectives.

(f)It seeks to promote a culture of human rights by:

Receiving complaints from individuals, groups and civil society organizations about human rights violations committed before and after the entry into force of the Act, while preserving the absolute confidentiality of complainants’ names.

Conducting preliminary investigations into human rights violations on the basis of available information.

Ascertaining the veracity of complaints received by the Commission and conducting initial investigations as necessary.

Instituting legal proceedings in cases involving human rights violations and referring them to the Office of the Public Prosecution, which undertakes requisite legal formalities and reports back on the outcomes.

Visiting prisons, social reform centres, detention facilities and all other such places, without the need to obtain prior permission from the authorities, interviewing convicted prisoners and detainees, documenting human rights abuses, and notifying the competent authorities of the legal measures to be taken.

114.In 2021, at the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, the Iraqi High Commission for Human Rights was granted the highest global ranking (category A status), which is accorded to effective and active national, regional and international human rights institutions by the Global Alliance of National Human Rights Institutions (GANHRI). Such recognition on the part of GANHRI and OHCHR represents the fruit of four years of regional and international work and outreach.

115.According to the High Commission for Human Rights Act, all non-ministerial bodies and independent commissions are under an obligation, within a set deadline, to provide the High Commission with documents, data, statistics and information related to its activities and functions. The High Commission is to report to the Council of Representatives should any of those bodies fail to comply.

116.The Council of Representatives is to create a committee of experts of no more than fifteen members and including representatives from the Council of Representatives itself, the Council of Ministers, the Supreme Judicial Council, civil society organizations and the Human Rights Office of the United Nations in Iraq. The committee’s job is to select candidates by means of a national declaration, in accordance with the High Commission for Human Rights Act.

National Department for Iraqi Women

117.This entity was created under Decree No. 133 of 2016 of the Council of Ministers as a department under the Secretariat of the Council of Ministers. It is the national-level mechanism that administers matters affecting Iraqi women, following the suppression of the Ministry for Women’s Affairs. The Department has a tripartite structure, with a section for community development a section for women’s rights and a section for coordination and support.

118.The Department’s vision is to provide optimal governance that helps to empower women in Iraq, in line with the most recent international standards. In pursuing this objective, the Department is guided by principles of transparency, justice, teamwork, encouraging initiative, service quality, outstanding performance and continuous improvement.

119.Women’s units have been set up inside 23 ministries and 29 non-ministerial bodies, as well as in 15 governorates. This is in addition to the Supreme Council for Women in Kurdistan Region.

Summary of achievements benefiting Iraqi women

(a)The involvement of women in leadership, decision-making and peacemaking has been strengthened.

With the support of governmental institutions and civil society organizations, a body of executive measures and mechanisms has been put in place to promote the participation of women in political life.

(b)Iraq has rolled out a number of policies aimed at providing protection for women. They include:

Two national plans under the women and peace and security agenda, the first for the period 2014–2018, the second for 2021–2024.

A national strategy for combating violence against women and girls 2018–2030.

A national strategy for Iraqi women 2023–2030.

Specialized courts dealing with cases of domestic violence have been re-established in all jurisdictions.

Centres have been created to provide female victims of violence with shelter, and a unified system for administering the centres has been put in place. In all, five such facilities have been opened in five governorates.

A committee has been formed under the leadership of the National Department for Iraqi Women and with members from other competent authorities. The committee monitors the situation of women in correctional facilities.

(c)As concerns protection:

The Government is taking effective action to develop the social protection system and to build capacities.

(d)As concerns economic empowerment:

The Government is striving to make gender equality part of its macroeconomic policies and development plans, and it allocates funds to promote economic opportunities for women.

(e)As concerns climate and the environment, a body of measures is being put in place to integrate gender perspectives into environmental and climate change adaptation policies.

(f)Women are being encouraged to play an active role in promoting integrity and combating financial and administrative corruption.

Ministry for Foreign Affairs (Human Rights Department)

120.Established in 1992, the Human Rights Department follows up on the human rights-related activities of the United Nations Organization in New York, the United Nations Office at Geneva and other United Nations organs and agencies as well as the activities of regional, international and non-governmental organizations (NGOs). In addition to this, the Department deals with human rights-related issues and handles complaints and violations that affect Iraqis inside and outside the country or foreign nationals inside Iraq.

Ministry for Human Rights (suppressed)

121.The Ministry was established under Coalition Provisional Authority Order No. 60 of 2004 then suppressed under Administrative Order No. 312 of 2015 when its duties and responsibilities were transferred to a number of other official institutions, each with its own mandate. The international human rights obligations of Iraq and its periodic reporting and follow-up obligations under international treaties were transferred to the Human Rights Department at the Ministry of Justice. Matters related to prisoners and missing persons from the Iran–Iraq war and the Iraq–Kuwait war were transferred to the Ministry of Defence. The question of mass graves, victims of terrorism and documentation of violations was placed in the hands of the Martyrs’ Foundation. In addition, the Prison Oversight Section, the Humanitarian Office, the Bureau for Monitoring and Protecting Rights, the Training Department, the Research Department, the National Centre for Human Rights and the Governorate Affairs Office were all placed under the aegis of the High Commission for Human Rights.

Ministry of Migration and Migrants

122.This Ministry was created as a way of ensuring the welfare and living conditions of migrants, deportees, displaced persons and refugees. The Ministry is responsible for an important category of persons within Iraqi society; i.e., emigrants and migrants who were compelled to leave Iraq during the years the country was governed by the former regime, Iraqi emigrants and refugees abroad who left Iraq after 2003 and internal migrants. Using the means at its disposal, the Ministry protects, assists and provides services to the following groups:

(a)Displaced Iraqis who were coerced or compelled to flee their homes or habitual places of residence inside Iraq to avoid armed conflicts, situations of widespread violence, human rights violations, natural or human-made disasters, abuses of power or development projects.

(b)Iraqi deportees who were taken from their homes or habitual places of residence to other places inside Iraq as a consequence of policies or decisions of the Government.

(c)Iraqis returning to the country from abroad or from internal displacement to live in their former homes, places of origin, habitual place of residence or any other place they may choose inside Iraq, following forced migration.

(d)Migrants who lost Iraqi citizenship under Order No. 666 of 1980, which has been abrogated, or who were compelled to flee the country as a result of persecution by the former regime and were unable to obtain asylum outside Iraq.

(e)Refugees and asylum seekers who are living outside Iraq due to forced migration and have obtained permanent residency or citizenship of a foreign State.

(f)Palestine refugees who were compelled to leave their country in 1948 and who reside legally in Iraq, whose asylum has been accepted for the purposes of implementing the present Act.

(g)Persons holding foreign nationalities who sought refuge in Iraq as a result of their ethnicity, religion, nationality, social group or political opinions, or as a consequence of generalized violence or public insecurity that threatened their lives, physical integrity or freedoms, whose asylum has been accepted under the law and the international treaties to which Iraq is a party.

123.In emergency circumstances, the Ministry provides these persons with the following support, facilitation, coordination and services:

(a)It treats them as a group in matters affecting them, with the exception of special cases, which are identified by clear and specific criteria and which can be treated individually.

(b)It seeks to improve conditions for them to a basic minimum level, which is defined by clear and specific criteria based on United Nations guidelines and international laws, treaties and customs, while taking account of the national interest and internal considerations.

(c)It assigns priority on the basis of poverty, humanitarian requirements and other criteria.

(d)It embraces the principle of proportional distribution in the application of standards and priorities.

(e)It coordinates and cooperates with stakeholders inside and outside Iraq in seeking solutions and providing services.

Ministry of Labour and Social Affairs

124.The Ministry of Labour and Social Affairs is a ministry of long standing, having been brought into being under Decree No. 59 of 1939. Its work has since evolved with the enactment of successive laws, the most recent being the Ministry of Labour and Social Affairs Act No. 8 of 2006, as amended. The Ministry plays an important role in the implementation of the country’s human rights system as it concerns itself with matters relating to social affairs and labour, exercising its functions in that regard by means of agencies and departments.

Social Protection Commission

125.The role of the Commission is to provide social care services, and the first law regulating its operation was the Social Welfare Institutions Act No. 42 of 1958, which was followed by other pieces of legislation until the enactment of the Social Protection Act No. 11 of 2014, which is consistent with international social protection standards. The aim is to elevate Iraqi society and bring it into line with advanced societies, to raise standards of living for individuals and families below the poverty line, to create a system of social solidarity and to establish a system of social protection for persons unable to work.

Commission for the Care of Persons with Disabilities and Special Needs

126.The objectives of the Commission – which has its headquarters in Baghdad and is answerable to the Ministry of Labour and Social Affairs – are set forth in the Care of Persons with Disabilities and Special Needs Act No. 38 of 2013, as amended. Those objectives consist in caring for persons with disabilities and special needs, eliminating discrimination, creating the conditions for their integration into society, ensuring they are able to live dignified lives, respecting disability and creating job appropriate opportunities. The Commission develops plans and programmes aimed at upholding the rights of persons in this category, promotes accession to the relevant international treaties and charters, creates job opportunities and provides financial support for persons caring for someone with a disability.

Legal Department – Human Rights Section

127.The Section, which operates as part of the Legal Department, includes the following divisions: the performance assessment and rights protection division, the gender justice division, the training division and the online archive division. The Section performs a number of functions, notably that of promoting an environment conducive to the exercise of rights, disseminating a culture of human rights, monitoring violations, coordinating with relevant departments in other ministries and responding to incoming inquiries.

Retirement and Social Security Department

128.The Retirement and Social Security Department – which is a subsection of the Ministry of Labour and Social Affairs and was established at the same time as the Ministry – works to uphold the rights of workers in the private, mixed and cooperative sectors. A number of laws were passed before the enactment of a new piece of legislation, the Retirement and Social Security Act No. 18 of 2023, which entered into force on 28 November 2023 and has contributed to the development and expansion of the social security system, which now includes many informal and self-employed workers. Under the Act, workers who have not already registered are encouraged to do so and the rights they have acquired under current law are guaranteed. Furthermore, the Act aims to guarantee and expand different forms of social security benefit, such as retirement and death insurance, workplace injury and occupational disease insurance, unemployment insurance, optional retirement insurance, insurance for informal workers, health and social services insurance and maternity insurance (benefits for working women). These are to be provided thanks to the sustainability of the Workers’ Pension and Social Security Fund. The overarching purpose is to achieve comprehensive and sustainable social security for all workers in the formal and informal economic sectors.

Department for Labour and Vocational Training

129.A centre for employment and vocational training was set up, along with a number of subcentres, as part of the Ministry of Labour and Social Affairs. In addition to this, there was a training centre belonging to the Ministry of Industry and the (dissolved) Military Industries Authority as well as training and employment centres in all the governorates. With the enactment of the Ministry of Labour and Social Affairs Act No. 8 of 2006, the centre for employment and vocational training became an independent department called the “Department for Labour and Vocational Training”, which exercised its functions under the Labour Act No. 71 of 1971. Subsequently, under article 3 of Act No. 77 of 2012 and in the light of a greatly increased workload, the Department for Labour and Vocational Training was subdivided into two entities: the Department for Employment and Loans, and the Department for Vocational Training.

130.Under Decree No. 304 of 2018 of the Council of Ministers, the “Department for Labour and Vocational Training” was recreated by merging the Department for Employment and Loans, and the Department for Vocational Training into a single entity. The Department is responsible for inspecting businesses and workplaces covered by the Labour Code (Act No. 37 of 2015) in order to verify decent working conditions, proper labour relations and correct labour protection in line with international standards.

General Directorate for Survivors’ Affairs

131.The General Directorate for Survivors’ Affairs was formed as part of the Ministry of Labour and Social Affairs under Act No. 8 of 2021. It has its headquarters in the governorate of Nineveh. The Act is intended to provide financial and moral redress, rehabilitation and care for female survivors and others covered by its provisions, The General Directorate undertakes to achieve those goals by compiling statistics and data on persons covered by the Act, providing educational and employment opportunities, opening psychological health and rehabilitation centres, searching for abducted persons, coordinating vis-à-vis mass graves and helping investigating authorities gather evidence. Under the Act, the offences committed against the Yazidis and other minorities are treated as crimes of genocide, and 3 August each year has been set aside as the national day to commemorate those atrocities.

National Centre for Occupational Health and Safety

132.The first occupational health unit was set up in 1964 as part of the Preventive Healthcare Department at the Ministry of Health. In 1971, the Occupational Safety Institute was created in the Ministry of Labour and Social Affairs and, in 1981, the Institute was merged with the Occupational Health Directorate to create a single entity called the “National Centre for Occupational Health and Safety”. On 2 May 1985, under Decree No. 552, the National Centre was placed under the Preventive Healthcare Department at the Ministry of Health. Later, in 1997, the controlling entity of the National Centre for Occupational Health and Safety was changed from the Preventive Healthcare Department to the Environmental Protection and Enhancement Department. With the passage of the Environment Act on 3 January 2004, and under Coalition Provisional Authority Order No. 44, the National Centre was transferred to the Department for Labour and Social Affairs, and this enabled it to develop rapidly over a short period of time, with the support of the World Health Organization (WHO). The Centre was thus able to stop being a subsection of the Department for Labour and Social Insurance in the Ministry of Labour to become a Directorate General under the Ministry of Labour and Social Affairs Act No. 8 of 2006. At the present time, the National Centre for Occupational Health and Safety operates under Instruction No. 12 of 2017, which describes is structure, duties and functions. In fact, the Centre concerns itself with the administration, planning and implementation of occupational health and safety at the national level. In doing so, it seeks to ensure a safe working environment, to disseminate a culture of health and safety, to encourage workers to protect themselves against workplace accidents, injuries and diseases by providing the preconditions for occupational safety and to promote regional and international cooperation in that connection.

Child Welfare Commission

133.The Commission was established on 16 February 1982 under Decree No. 272 of the dissolved Revolutionary Command. Its functions include, notably, formulating policies for the welfare and development of children, drafting operational programmes and submitting proposals concerning laws and policies. The Commission thus seeks to improve the lives of children, guarantee their rights and create an atmosphere sensitive to their needs. It also drafts childhood-development policies including, most significantly, the national child protection policy in Iraq and its accompanying plan of action. The Ministry is currently in the process of drafting a new children’s law.

Independent Human Rights Commission in Kurdistan Region

134.The Independent Human Rights Commission in Kurdistan Region, which was established under Act No. 4 of 2010, has legal personality, enjoys financial and administrative independence and has its own budget within the overall general budget of the Region. The Commission is attached to the Regional Parliament, to which it is answerable. Female staff members number 148 and occupy various different posts.

135.The Commission is involved in a number of activities, including:

Monitoring and documenting violations against the rights of minorities and implementing the Communities Protection Act.

Focusing part of its annual reports on the rights of vulnerable groups such as children, women and persons with disabilities and special needs; it also organizes and participates in seminars on the rights of those groups.

Making comments and suggestions from a human rights perspective on laws and draft laws.

Office of the Coordinator for Recommendations in Kurdistan Region

136.The Office of the Coordinator for International Recommendations in the Presidency of the Council of Ministers exchanges information with its international counterparts and responds to requests for data. It undertakes its activities in full respect of rule of law and governance in Kurdistan Region and in line with recognized standards.

137.The Office of the Coordinator for International Recommendations is the entity within the Kurdistan Regional Government responsible for replying to reports, requests for information and declarations from the United Nations and from other States. It also responds to the annual human rights and religious freedom reports of the Department of State of the United States of America and to reports from the Ministry for Foreign Affairs of the United Kingdom of Great Britain and Northern Ireland. In addition, it engages with the Human Rights Committee of the League of Arab States, international human rights organizations such as Human Rights Watch and Amnesty International, and local human rights organizations.

138.The Office represents the Regional Government at international meetings and conferences on human rights, and it oversees the implementation of the Government’s human rights plan, which runs alongside the national human rights plan. The Office of the Coordinator has an information network that is fed by 46 managerial-level figures in all the institutions of the Region as well as another separate information network related to the implementation of the Regional Government’s human rights plan. The two networks serve to provide the Office with information, figures and statistics to be used when drafting the Region’s human rights reports and when developing and supervising the regional human rights plan 2021–2025.

Disseminating a human rights culture

Table showing the institutions charged with protecting and promoting human rights in Iraq

No.

Institution

1

Supreme Judicial Council, human rights courts of investigation, courts of first instance, Office of the Chief Public Prosecutor

2

Human rights committees in the Council of Representatives and the provincial assemblies

3

Secretariat of the Council of Ministers, Government Coordination and Citizens’ Affairs Department, National Directorate for Iraqi Women

4

Ministry for Foreign Affairs (Human Rights Department)

5

Ministry of the Interior (Office of the Minister – Human Rights Directorate)

6

Ministry of the Interior, Directorate for Protecting Families and Children, Ministerial Agency for the Police, Community Police Department, Department for Media Relations

7

Ministry of Defence (Human Rights Directorate)

8

Ministry of Justice (Human Rights Department)

9

Child Welfare Commission, Commission for the Care of Persons with Disabilities and Special Needs, Social Protection Commission, Central Committee to Combat Human Trafficking, General Directorate for Survivors’ Affairs, National Centre for Occupational Health and Safety at the Ministry of Labour and Social Affairs

10

Ministry of Migration and Migrants (Legal Department)

11

Media and Communications Commission

12

Human rights departments, sections and divisions in government institutions

13

Transitional justice institutions (the Martyrs’ Foundation and the Political Prisoners’ Foundation)

14

High Commission for Human Rights

15

Ministry for Martyrs’ and Anfal Affairs, Independent Human Rights Commission, Supreme Council for Women, Higher Committee on Violence against Women, Office of the Coordinator for International Recommendations, Judicial Institute in Kurdistan Region

Human rights legislation enacted in the Republic of Iraq

Table showing information about human rights legislation enacted in the Republic of Iraq

No.

Act

Act No.

Year

1

Criminal Code

111

1969

2

Code of Criminal Procedure

23

1971

3

Welfare of Minors Act

87

1980

4

Welfare of Juveniles Act

76

1983

5

Coalition Provisional Authority Order creating the Ministry of Human Rights

60

2004

6

Supreme Iraqi Criminal Tribunal Act

10

2005

7

Anti-Terrorism Act

13

2005

8

Act for the reinstatement of persons dismissed for political reasons

24

2005

9

Iraqi Nationality Act

26

2006

10

Political Prisoners’ Foundation Act

4

2006

11

Independent High Electoral Commission Act

11

2007

12

Act regulating the pension rights of persons killed or injured during elections

16

2007

13

Military Criminal Code

19

2007

14

Act amending Coalition Provisional Authority Order No. 63 of 2004 regarding public security sector death and disability benefits

1

2008

15

Population and Housing Census Act

40

2008

16

Act regulating elections to provincial assemblies, districts and subdistricts

36

2008

17

State and Public Sector Pay Act

22

2008

18

Decree establishing that the massacres and mass killings inflicted on the Kurdish people in Kurdistan amount to genocide by any standards

26

2008

19

Act to combat smuggling in petroleum and petroleum products

14

2008

20

Commission for Accountability and Justice Act

10

2008

21

High Commission for Human Rights Act

53

2008

22

Act to compensate persons who lost body parts as a result of the actions of the former regime

5

2009

23

Ministry of Migration and Migrants Act

21

2009

24

Federal Public Service Council Act

4

2009

25

Act for the improvement and protection of the environment

27

2009

26

Consumer Protection Act

1

2010

27

Military Service and Pension Act

3

2010

28

Act for the protection of Iraqi products

11

2010

29

Property Claims Commission Act

13

2010

30

Wildlife Protection Act

17

2010

31

Act for the compensation of property belonging to persons who suffered harm under the former regime

16

2010

32

Non-Governmental Organizations Act

12

2010

33

Commission for Opinions Act

9

2011

34

Commission on Integrity Act

30

2011

35

Act withdrawing the reservation of the Republic of Iraq to article 9 of the Convention on the Elimination of All Forms of Discrimination against Women, as contained in Act No. 66 of 1986

33

2011

36

Internal Security Forces Service and Pension Act

18

2011

37

Act granting a monthly allowance to AIDS sufferers

36

2011

38

Journalists’ Rights Act

21

2011

39

Act prohibiting the use and dissemination of silenced weapons

38

2011

40

Illiteracy Act

23

2011

41

Act regulating grants for students at Iraqi State-run universities and institutes

63

2012

42

Act regulating the National Oversight Commission for the Prevention of Nuclear and Chemical Weapons

48

2012

43

Air Pollution Protection Regulation

4

2012

44

Modern Agricultural Villages Act

59

2012

45

Act regulating the Bureau for Christian, Yazidi and Sabaean Mandaean Endowments

58

2012

46

Decree establishing that the sufferings inflicted on Feyli Kurds amount to genocide

6

2012

47

Anti-Smoking Act

12

2012

48

Anti-Human Trafficking Act

28

2012

49

Medical Personnel Protection Act

26

2013

50

Animal Health Act

32

2013

51

Forensic Medicine Act

37

2013

52

Act for the Care of Persons with Disabilities and Special Needs

38

2013

53

Act prohibiting toys that incite violence

2

2013

54

Civil Defence Act

44

2013

55

Ministry of the Interior Act

36

2013

56

Act whereby the Republic of Iraq ratified the Comprehensive Nuclear-Test-Ban Treaty

88

2013

57

Act regulating grants for students at State-run schools

3

2014

58

Official Languages Act

7

2014

59

Unified Retirement Act

9

2014

60

Social Protection Act

11

2014

61

Decree establishing the massacre of Badush Prison as an act of genocide

4

2015

62

Statute of the Political Prisoners’ Foundation, its functions and subdivisions

1

2015

63

Treaties Act

35

2015

64

Passport Act

32

2015

65

Decree requiring the Ministry of Higher Education and Scientific Research to appoint the top student in each university annually to a permanent appointment roster

34

2015

66

Rules governing work and salaries for inmates in social reform facilities

4

2015

67

Regulation No. 4 of 2015 on the Reconstruction Fund for Areas Affected by Terrorist Operations

4

2015

68

Act regulating the establishment of private federal health-care institutions

25

2015

69

Noise Regulation Act

41

2015

70

Anti-Money Laundering and Financing of Terrorism Act

39

2015

71

Labour Code

37

2015

72

Political Parties Act

36

2015

73

Iraqi Information Network Act

26

2015

74

Guidelines to facilitate the implementation of the Act prohibiting toys that incite violence

3

2015

75

Insurance Act

31

2015

76

National Identity Card Act

3

2016

77

Martyrs’ Foundation Act

2

2016

78

Decree regarding compensation, determination of benefits and assessment of damages in the case of Tuz Khurmatu

27

2016

79

Act regulating the Commission for Guaranteeing the Rights of Regions and of Governorates not Organized as a Region

26

2016

80

General Amnesty Act

27

2016

81

Act regulating the Counter-Terrorism Service

31

2016

82

Act banning the Baath Party and all racist, terrorist and takfiri entities, parties and activities

32

2016

83

Act regulating human organ transplantation and banning trade in such organs

11

2016

84

Medical Personnel Support Act

36

2016

85

Code of Military Procedure

22

2016

86

Act whereby the Republic of Iraq acceded to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)

42

2016

87

Supreme Judicial Council Act

45

2017

88

Public Prosecution Act

49

2017

89

Act for the protection of witnesses, experts, informers and victims

58

2017

90

Arms Act

51

2017

91

Private Security Companies Act

52

2017

92

Ministry of Electricity Act

53

2017

93

Act regulating the employment of persons in possession of high-level certificates

59

2017

94

Act regulating the employment of top graduates

67

2017

95

Regulations on shelters for victims of human trafficking

7

2017

96

Act regulating the Iraqi Accreditation Agency

78

2017

97

Act commemorating the sacrifices of persons who laid down their lives in the war against Da’esh, streamlining relevant procedures and providing high-quality care for the injured

81

2017

98

Act regulating the Federation of Iraqi Parliamentarians

86

2017

99

Residency of Foreigners Act

76

2017

100

Political Parties Act

36

2017

101

Act regulating the Commission for Overseeing the Allocation of Federal Resources

55

2017

102

Guidelines to facilitate the implementation of the Social Protection Act

8

2017

103

Guidelines governing the operating mechanism of the higher committee and subcommittees under the Social Protection Act

7

2017

104

Guidelines for the work of the committee for compensating victims and for determining which groups are covered by compensation

1

2017

105

Inmates and Detainees Reformation Act

14

2018

106

Drugs and Psychotropic Substances Act

50

2018

107

Act designating hazardous and stressful jobs, jobs harmful to health and maximum daily working hours

1

2019

108

Guidelines for determining working hours for workers in jobs with no maximum working hours

2

2019

109

Act amending (first amendment) Instruction No. 6 of 2014 regulating the administration of the Health Insurance Fund at the Ministry of the Interior

3

2019

110

Guidelines to facilitate the implementation of the Act No. 5 of 2006 concerning the protection of mass grave sites

1

2019

111

Act regulating the administration of federal funds

6

2019

112

Act amending (first amendment) Act No. 9 of 2012 regulating the Iraq Asset Recovery Fund

7

2019

113

Act concerning the rights of victims of the crimes at the Majid al-Tamimi Airbase

12

2019

114

Act whereby Iraq acceded to the UNESCO Convention on the Protection of the Underwater Cultural Heritage

20

2019

115

Act whereby Iraq ratified the Protocol of 2014 to the ILO Forced Labour Convention, 1930 (No. 29)

22

2019

116

Act amending (first amendment) the Unified Pensions Act No. 9 of 2014

26

2019

117

Act abolishing financial privileges for State officials

28

2019

118

Statute regulating the subdivisions and functions of the Human Rights Department at the Ministry of Justice

2

2019

119

Act regulating elections to the Council of Representatives

9

2020

120

Statute of the High Commission for Human Rights

1

2020

121

Health Insurance Act

22

2020

122

Act whereby Iraq acceded to the Paris Agreement under the 1992 United Nations Framework Convention on Climate Change

31

2020

123

Act whereby Iraq acceded to theMaritime Labour Convention of 2006

16

2020

124

Act whereby Iraq acceded to theCustoms Convention on the International Transport of Goods under Cover of TIR Carnets, 1975

6

2020

125

Yazidi Female Survivors Act

8

2021

126

Act concerning the provision of coronavirus vaccines

9

2021

127

Act amending (first amendment) Statute No. 3 of 2017 of the Fund for Reconstruction in Areas Affected by Terrorism, promulgated under Council of Ministers Decree No. 89 of 2021

1

2021

128

Statute regulating the functions and subdivisions of the Federal Public Service Council

1

2021

129

Act whereby Iraq acceded to the ILO Social Security (Minimum Standards) Convention, 1952 (No. 102)

3

2021

130

Act whereby Iraq acceded to the Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

13

2021

131

Act whereby Iraq acceded to the 1996 Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

21

2021

132

Act amending (first amendment) Instruction No. 1 of 2013 regulating the subdivisions and functions of the Department for the Welfare of Minors

1

2021

133

Decree establishing a health insurance fund for the Popular Mobilization Forces

1

2021

134

Guidelines to facilitate the implementation of Yazidi Female Survivors Act No. 8 of 2021

4

2021

135

Instructions for the central committee envisaged under Act No. 20 of 2009 concerning compensation for persons affected by military operations, military errors and terrorist activities

6

2022

136

Statute of the Federal Supreme Court

1

2022

137

Act regulating emergency support for food security and development

2

2022

138

Statute of the Independent High Electoral Commission

1

2022

139

Act amending (third amendment) Act No. 12 of 2018 regulating elections to the Council of Representatives, provincial assemblies and districts

4

2023

139

Act whereby Iraq acceded to the Statutes of the Islamic Organization for Food Security

10

2023

140

Federal Budget Act for the financial years 2023, 2024 and 2025

13

2023

141

Act amending (first amendment) Act No. 10 of 2012 regulating small-scale income-generating projects

14

2023

142

Act amending (second amendment) Act No. 6 of 2006 regarding the turnover of members of the Council of Representatives

15

2023

143

Act amending (second amendment) the Ministry of Labour and Social Affairs Act No. 8 of 2006

17

2023

144

Retirement and Social Security Act

18

2023

145

Act whereby Iraq acceded to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled

24

2023

146

Act whereby Iraq ratified the Arab Convention to Prevent and Combat Human Cloning

30

2023

147

Statute of the Reconstruction Fund for the poorest governorates

5

2023

148

Statute of the Reconstruction Fund for Sinjar and the Nineveh Plains

7

2023

149

Act whereby Iraq ratified the Arab Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the Arab Convention against Transnational Organized Crime

4

2024

150

Legal Aid Act

7

2024

151

Act Compensating Sufferers of HIV/AIDS

3

2024

152

Act Amending the Criminal Code (Act No. 111 of 1969)

10

2024

153

Act amending (first amendment) Act No. 38 of 2013 for the Care of Persons with Disabilities and Special Needs

11

2024

154

Official Holidays Act

12

2024

Table showing information about human rights legislation in Kurdistan Region

No.

Act

Act No.

Year

1

Act annexed to the Public Prosecution Act in Kurdistan Region

159

1979

2

Act regulating elections to provincial assemblies, districts and subdistricts in Kurdistan Region

4

2009

3

Act regulating the Judicial Institute in Kurdistan Region

7

2009

4

Consumer Protection Act in Kurdistan Region

1

2010

5

Access to Information Act

11

2013

6

Act giving effect to Anti-Terrorism Act No. 3 of 2006

2

2014

7

Official Languages Act

6

2014

8

Act amending the application in Kurdistan Region of the Iraqi Criminal Code (Act No. 111 of 1969), as amended

3

2015

9

Communities Protection Act

5

2015

10

Act amending (second amendment) the application in Kurdistan Region of the Personal Status Code (Act No. 188 of 1959), as amended

6

2015

11

Genocide Lone Survivor Rights and Privileges Act

9

2015

12

General Amnesty Act for Kurdistan Region

4

2017

13

Human Organ Donation and Transplantation Law

1

2018

14

Act giving effect to the Trafficking in Persons Act No. 28 of 2012 promulgated by the Federal Government

6

2018

15

Act to prevent and eliminate encroachments on State land

3

2018

16

Act giving effect to the Anti-Terrorism Act

7

2018

17

Drugs and Psychotropic Substances Act

1

2020

18

Rights and Responsibilities of Patients Act

4

2020

19

Act to combat smuggling in petroleum and petroleum products

3

2020

20

Act for the protection of local products

2

2021

21

Act on the management and protection of heritage and cultural sites in Kurdistan Region

5

2021

22

Act amending (first amendment) the Act regulating rights and privileges of persons with disabilities in Kurdistan Region

8

2021

23

Act amending and giving effect to Act No. 20 of 1999 concerning industrial investments in the private and mixed sectors in Iraq

10

2021

24

Act amending (second amendment) Act No. 3 of 2011 regulating the Commission of Integrity in Kurdistan Region

11

2021

25

Act amending (first amendment) the Act concerning persons who went missing during the genocide against the Kurdish people in Iraq

17

2021

26

Act prohibiting the use of weapons

2

2022

27

Act regulating the administration and protection of water resources in Kurdistan Region

4

2022

28

Act regulating the council for the accreditation of institutions and programmes of higher education in Kurdistan Region

6

2022

29

Act regulating the seizure of smuggled and prohibited goods in Kurdistan Region

8

2022

30

Act regulating tourism in Kurdistan Region

9

2022

31

Act amending the implementation of the Welfare of Juveniles Act No. 76 of 1983

5

2022

32

Act amending (first amendment) the Act for the improvement and protection of the environment in Kurdistan Region

11

2022

33

Education Act in Kurdistan Region

13

2022

34

Act amending (first amendment) the Act regulating the Consultative Council in Kurdistan Region

17

2022

35

Act amending and giving effect to the Online Signature and Transactions Act

15

2022

Media and communications

139.Information agencies in Iraq, using all textual, audio and visual means at their disposal, work to raise awareness about human rights in all contexts. To that end, they use the different means available on the Iraqi independent information network, satellite channels, newspapers and broadcasts in order to direct information at target groups such as children, women, workers, agricultural workers and other categories of people. The network also carries debates from the Council of Representatives regarding the ratification of human rights treaties, it transmits educational programmes for children and it organizes seminars for women on such matters as education, health care and other rights.

140.The Ministry of Culture prints cultural publications in all the languages used by the people of Iraq. For its part, the Children’s Culture publishing house holds festivals, exhibits children’s drawings, stages theatre productions and organizes lectures, conferences and local and international competitions, as well as publishing works for children.

141.Support has been given to a plan to introduce a human rights module into school curricula, in cooperation with competent ministries. Human rights committees exist in most ministries, and they too work to disseminate and promote a culture of human rights.

Table showing information about media outlets in Iraq

No.

Type of outlet

Number

1

Satellite channels

59

2

Broadcasters

142

3

Local newspapers, as recorded in May 2017

Under article 5 (2) (h) of Legislative Order No. 65 of 2004 of the Media and Communications Commission, the print media does not require authorization to operate in Iraq

4

Internet sites

85

142.In Kurdistan Region, operating and broadcasting licences have been accorded to 144 television channels (36 satellite channels and 108 local) and to 155 radio stations. These are in addition to 726 magazines, 263 newspapers and 130 news websites across the governorates of the Region.

Table showing mobile phone subscription and coverage

Indicator

Value

Comment

Mobile phone subscriptions

40 749 364

2021–2022

Mobile phone subscriptions per 100 inhabitants

93 . 17

2020–2021

Mobile coverage (first generation)

100%

2021–2022

Mobile coverage (second generation)

96 . 87

2021–2022

Mobile coverage (third generation)

95 . 88

2021–2022

No. of Internet users

13 328 877 (out of 30 069 875 SIM cards)

2019–2020 (Survey on the use of information technology services in Iraq, excluding Kurdistan Region)

Source : Media and Communications Commission .

Table showing information concerning communications, mobile phones, Internet use and computers 2021–2022

Indicator

2021

2022

Number of telephone exchanges

283

255

Total number of telephone lines (millions)

2.2

2

Telephones per 100 inhabitants

98 . 8

5 . 6

Total number of mobile telephone lines (thousands)

40 727

44 147

Percentage of people who use the Internet

78 . 7

-

Percentage of people who use a computer

62 . 9

-

Table showing the number of mobile and wireless telephone lines, by governorate

No. of mobile phone lines in 2022: 44,146,973

No. of wireless phone lines in 2022: 351,216

Table showing figures for the companies Asia Cell, Atheer and Korek disaggregated by number of subscribers, number of Internet subscribers and cell phone towers

Governorate

Subscribers

Internet subscribers

Towers (2G)

Towers (3G)

Nineveh

1 740 061

1 619 460

1 453

1 441

Kirkuk

912 678

970 761

779

779

Diyala

1 088 493

738 745

572

476

Anbar

1 103 672

1 112 429

812

794

Baghdad

6 149 464

4 414 579

3 619

3 654

Babil

1 372 429

872 247

583

572

Karbala

1 020 554

796 709

633

736

Wasit

838 476

598 211

460

390

Salah al-Din

626 654

910 027

626

622

Najaf

1 041 136

864 986

523

540

Qadisiyah

775 430

543 438

307

307

Muthanna

617 428

302 543

240

240

Dhi Qar

1 416 350

724 080

521

409

Maysan

560 100

472 185

369

306

Basra

1 893 963

1 338 610

1 147

1 075

Sulaymaniyah

1 836 131

1 384 027

1 484

1 544

Erbil

2 167 773

1 755 777

1 355

1 337

Dahuk

1 126 538

905 459

632

617

Communications sector indicators

Indicator

2021

2022

2023

Up to 1 Oct. 2024

Home Internet lines (FTTH)

276 496

1 500 000

2 929 872

3 508 871

International transit capacities

1 387 614 Mb/s

1 248 182 Mb/s

2 070 117 Mb/s

4 358 000 Mb/s

Passing transit capacities

10 Gb/s

10 Gb/s

130 Gb/s

1 300 Gb/s

Number of land ports for international transit capacities via optical cables

Number of submarine cables for international transit capacities

12

3

Postal sector indicators

Indicator

2021

2022

2023

Up to 1 Oct. 2024

Postal compliance

Rank: 160 (77.28%)

Rank: 178 (70.77%)

Rank: 185 (75.94%)

Rank: 32 (96.58%)

International Business Reply Service (IBRS)

73%

80%

100%

100%

Integrated Index for Postal Development (2IPD)

Rank: 103

Rank: 109

Rank: 97

-

Non-governmental organizations

Table showing the number of registered NGOs and their areas of specialization

No.

Specialization

No.

1

Children and orphans

375

2

Media

171

3

Relief services

289

4

Environment

100

5

Economic development

211

6

Education

365

7

Sustainable development

810

8

Culture

645

9

Human rights

565

10

Public services

227

11

Democracy

139

12

Persons with special needs

129

13

Agriculture

129

14

Youth

211

15

Women

308

16

Health

179

17

Art

70

18

Humanitarian assistance

852

Total

5 775

Source : Secretariat of the Council of Ministers, Department for NGOs.