Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Iraq (Ratification: 1986)

1.  The Committee notes from the Government’s report in reply to its previous comment that those covered by the Convention in Iraq are a specific group of nomadic Bedouins, and that the State has taken the necessary measures to provide social, cultural, educational and health services with a view to integrating them into society. The Committee requests the Government to indicate the numbers of such people, and their present living situation, and to provide details of the programmes carried out concerning them.

2.  As concerns the populations of the southern marsh regions, the Government has indicated that they are not covered by the Convention. The Committee recalls that the United Nations Special Rapporteur on the Situation of Human Rights in Iraq on several occasions characterized them as being indigenous or tribal populations. It requests the Government to indicate in its next report the characteristics that exclude these populations from the Convention’s coverage, as stated in Article 1 of the Convention. The Committee also notes the report of the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/1999/37, 55th Session, at paragraphs 11-19) regarding grave violations of human rights being committed by the Government of Iraq against the populations of the southern marsh area, including military attacks against civilian settlements and expresses its concern at these reports.

3.  To the extent that they may be covered by the Convention, the Committee notes the explanations in the report of the benefits conferred on them by the Third River project, which the Government indicates is having a salutary effect on the environment and has received the support of the inhabitants of the region. Recalling that the project entails draining the marshes in which these groups live, the Committee again requests the Government to provide information on the manner in which protection against displacement from their traditional lands is provided, and how they are compensated for their lost lands.