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.