Human Rights Office (HRO)

1.Role of the Human Rights Office (HRO) within UNAMI


A. Mandate


Security Council Resolution 1546, paragraph 7 (b) (iii), mandates UNAMI “to promote the protection of human rights, national reconciliation, and judicial and legal reform in order to strengthen the rule of law in Iraq.” Human Rights Office Structure: HRO has physical presence in Amman, Baghdad, Erbil and Basra. The section is based on the work of two units dealing with:
 

• Protection
• Promotion

B. Role and Responsibilities


The setting up of the Council of Representatives and the formation of the new government makes it imperative to develop a more robust human rights strategy aimed at supporting the development and strengthening of an Iraqi led and Iraqi owned national human rights protection system which can address both current violations as well as past human rights abuses. HRO bases its interventions on the human rights program jointly developed with the Office of the High Commissioner of Human Rights, other UN agencies and Iraqi Ministries of Justice and Human Rights.



Key elements of a strong national human rights protection system are: an independent and effective judiciary; a functioning administration of justice - including judges, lawyers, prosecutors, police forces and prison administrations organized and run in keeping with relevant human rights standards; an independent, truly representative and effective national human rights commission with protection and promotion functions; development of a culture of human rights through programs of human rights education in the formal and non-formal sectors as well as a public information campaign; action on addressing past crimes, the missing and the disappeared, including effective accountability mechanisms to fight impunity and thus set up the basis for national reconciliation efforts; strong and dynamic civil society organizations and a law that preserves their freedom and independence from government and other state entities; close links with the new members of the council of representatives, especially the members of the HR and other relevant committees, in order to support the work of legislative reform required to implement provisions of the Constitution and ensure consistency of the new laws with international human rights treaties ratified by Iraq



C. Mechanisms of Work


HRO works primarily with Iraqi Ministries of Justice and Human Rights and with civil society organizations to promote and consolidate a culture of respect for human rights and the rule of law with the spirit of fostering national reconciliation.



2. Update of HRO priorities / activities:

Promotion

1.       Ensuring the overall implementation of the Human Rights Project 2006 / 2007, including support to the Ministry of Human Rights

2.       Support the development of a national human rights commission in Iraq

3.       Support transitional justice initiatives

4.       Support the sectoral working group on the rule of law

Protection

1.       Monitoring of and reporting on the Human Rights situation and following up on cases of human rights violations

2.       Maintaining of the Human Rights Database that contains information on cases of Human Rights violations

3.       HRO will continue to pay particular attention to detention issues, to inter-communal killings and violence and minority rights

4.       Setting up of a protection working group with Iraqi NGOs

5.       Supporting the National Centre on Missing and Disappeared Persons

Cooperation with the other pillars/units of the Mission as well as with the UNCT



HRO intends to support strongly the human rights related activities undertaken by the other pillars of the Mission – especially the Humanitarian/Reconstruction pillar - as well as those undertaken by the various members of the UNCT, in close cooperation with UNDP by providing guidance and advise, expertise, methodological support on human rights, good governance and rule of law related projects. HRO will focus its direct involvement in HR capacity building and technical cooperation activities to those where it has a distinctive comparative advantage.



In particular, the head of the HRO represents OHCHR within the UNCTs; HRO will take on an advisory role so as to facilitate the integration of human rights into UN development and humanitarian action at country level; facilitate the establishment of a thematic working group on human rights within the UNCT; develop a matrix of human rights work by individual members of the UNCT, ensure integration of human rights into CCA (common country analysis) UNDAF (UN development assistance framework) processes.



Of particular importance also is the priority that needs to be given to the areas of public information, advocacy and media related activities. This would include greater outreach to the various communities throughout Iraq and the production of information tools covering human rights and UNAMI activities in that area. A UNAMI Human Rights in Action monthly flyer (web based) or a significant component on HR in UNAMI Focus to be web based would contribute to inform and give greater visibility to UN human rights action in Iraq

A much closer relationship will also be established with the Office of Constitutional Support, considering the synergy between HRO and OCS action. HRO will play its role and assist and cooperate on technical issues of human rights related legislation (e.g. on the National Centre for Disappeared and Missing Persons, on the mass graves and the setting up of the national human rights commission).


 

3. Achievements and challenges

The HRO is dedicated to improving the situation of human rights in Iraq. It has achieved success in certain areas. Slowly, HRO was able to bring the attention of Iraqi government officials to certain violations which are committed by police and other officials.

Following are examples of success stories achieved by HRO:

Ministry of interior issued an order to its forces not to raid houses at night and to avoid terrorizing people when the raids are done.

HRO has invested a great deal in working to strengthen the capacity of Iraqi Civil Society organizations especially those focusing on human rights. Many of these organizations are playing an instrumental role in monitoring human rights situation in Iraq.

HRO in cooperation with MoHR is progressing towards the formal establishment of the National Centre for Missing and Disappeared Persons in Iraq

 Challenges:

1. As a result of the history and the current situation in  Iraq, there is a need for  many years of hard work with the support of local, regional and international actors in order to strengthen principles of human rights and respect for the rule of law.

2. Continuing change of governments and Ministers leads to change of governmental structures which make it difficult to maintain an institutional memory in cooperating and coordinating with Ministries.

3. The volatile political situation and absence of security which has lead the UN to base its offices inside the green zone limits HRO staff capacity in their work with the Iraqi community on issues dealing with the human rights situation.

4. An Overview of the Human Rights Situation in Iraq

a. General Situation

Reports received by HRO reveal continuing concern for the lack of protection of civilians in regard to their civil, cultural, economic, political and social rights This, together with continuing allegations reflecting deficiencies in the administration of justice system, and in particular in the handling the circumstances and conditions of detention, continues to present a major challenge to the Iraqi authorities and to UNAMI.

 Insurgents and  armed groups continue to target innocent civilians including children, as well as police officers, politicians, foreign diplomats human rights defenders and those associated with the MNF-I or perceived to be so.

UNAMI/HRO received consistent reports of excessive use of force with regard to persons and property as well as mass arrests carried out by Iraqi police and Special Forces acting alone or in association with the MNF. Reports of ill -treatment of detainees and other inadequacies in the judicial procedures have continued. Furthermore, first and second hand accounts from Baghdad, Basra, Mosul, Kirkuk and the Kurdish governorates, as well as corroborating information from other credible sources, consistently point to the systematic use of torture during interrogations at the police stations and within other premises belonging to to the Ministry of Interior.

 There is a growing concern about special security operations in central and northern areas, particularly in Al Anbar Governorate and Tel Afar in the north, which result in displacement of population. Also the use of snipers and allegations of use of illegal non-conventional weapons in those areas are a particular source of anguish for the local population.

The United Nations unreservedly condemns terrorism as it constitutes a serious violation of human rights. The United Nations is ready to assist the Iraqi authorities in ensuring that measures taken to combat terrorism and the insurgency comply with their obligations under international law, in particular international human rights, refugee and international law.

b. Women's Issues:

Women in Iraq face a complicated situation due to the consequences of the following factors:

1.       The oppressive regime which lasted for over 30 years

2.       The state of continuous wars Iraq was engaged in     

3.       13 years of international economic blockade and their grave  impact on women and children as marginalized  groups

4.       lack of security  and safety and the current state of ciaos

5.       the presence of a military occupation

 Iraqi women as a result, suffer from the following problems:

1.       An increase in violence directed against them (domestic and political)

2.       Increase in the so called “honor killing cases”

3.       Kidnappings based on political and criminal motives

4.       Trafficking in women and children ( sex trade)

5.       Lack of security and safety forced many women to drop out of schools, universities and to leave their jobs

6.       Violation of political rights manifested in detention and imprisonment of women, killings, torture, keeping women as hostages to put pressure on their male family members to turn themselves in to the authorities.

7.       Increase in the early marriages practices

8.       Increase in prostitution

9.        An alarming increase in poverty levels which has its devastating impact on the lives of women

c. Minorities Concerns:

A noticeable rift is growing among minority groups in Iraq. Several locations of Iraq have witnessed heightened internal ethnic conflict and fighting.  These took place in Basra, Samawa, Muthana and Kurdish regions.

 Minority representatives have expressed concern regarding the protection of their rights in the constitution and in  different legislation.

d. Human rights areas of concern:

Summary Executions

Extrajudicial killings

Arbitrary detentions

Administrative detentions

Torture

Killings of civilians

Kidnappings and assassinations on political and criminal grounds

Capital Punishment (Application of Death Sentences)

 e. Detention and Torture, a major challenge:

Mass detentions of persons without warrants continue to be used in military operations by Iraqi police, Special Forces and by MNF_I. Reports of arbitrary arrest and detention continue to be reported to the Human Rights Office. Information obtained by HRO consistently point to regular torture of detainees at the central police station in Basra.

 The high number of persons detained across the country during security operations continues to be a matter of concern. Internees should enjoy all protections envisaged in all the rights guaranteed by international human rights conventions. Many people have reported their inability to obtain information concerning their relatives during initial phases of detention. Without disregard to due process it would be good to establish mechanisms for speedier consideration of detainee cases which could have a beneficial impact on the overall political process.

Funding:

There is a generalised need for funds to be allocated to activities implemented by HRO. There is a Human Rights Programme which outlines the human rights strategy and work of HRO in Iraq in the near future. The document includes several projects and activities which could be of interest to some donor countries

Human Rights Contact Information:

• Ivana Vuco - Human Rights Officer Baghdad - vucoi@un.org
• Norul Rashid - Human Rights Officer Erbil - mohamedrashid@un.org
• Hanan Rabbani - Human Rights Officer Amman - rabbani@un.org