Institute for International Law and Human Rights
WASHINGTON, DC • BRUSSELS • BAGHDAD
Publications & Resources
IILHR’s work includes extensive participation in drafting more than 100 different analyses of legislative and constitutional issues for the Iraqi Council of Representatives and the Kurdistan Regional Parliament. IILHR has also provided commentary on approaches to a broad spectrum of issues, including constitutional review, gender law, Iraq’s human rights commission, social safety net development, freedom of expression and information, accountability, transitional justice, cultural heritage, and minority rights.
Access to Housing for Vulnerable Populations in Iraq
Presents, through comparative analysis of state practices, options regarding how Iraq can provide access to housing for its vulnerable populations. Specifically examines the way in which other countries have sought to create housing rights in their constitutions and statutes; the manner in which these countries have allowed for the justifiability of economic, social and cultural rights, in particular, adequate housing; and various positive discrimination or affirmative action policies used to provide adequate housing.
Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Women's Rights
Between the Millstones: The State of Iraq’s Minorities Since the Fall of Mosul
“Between the Millstones: The State of Iraq’s Minorities Since the Fall of Mosul” aims to document the plight of Iraq’s minorities most affected by the violence that has gripped northern Iraq since June 2014. This report, based on extensive interviews, field work, and research, seeks to complement other human rights reporting to highlight the situation of Iraq’s minorities in light of the violence that has pervaded northern Iraq since June 2014 and the resulting humanitarian catastrophe. This publication is the product of a partnership of four organizations: IILHR, Minority Rights Group International, No Peace Without Justice, and the Unrepresented Nations and Peoples Organization. The report was released February 27 in Brussels.
Based on the facts uncovered in this report, it appears that ISIS forces and commanders have committed most of the war crimes prohibited under international law, almost all of the underlying acts for crimes against humanity; and information exists which would support a prima facie case that ISIS forces have committed the crime of genocide against religious minorities in northern Iraq, in particular against the Yezidi minority. The report makes 38 key recommendations to alleviate the humanitarian burden, prevent further human rights abuses, promote reconciliation, and accelerate planning for the post-ISIS era.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
Comments on the Private Security Contractor Draft Law
Analyzes and comments on the Private Security Contractor draft law. Suggests increased clarity and comprehensiveness in the Purpose of the Law section, greater precision in the Definitions section, increased clarity regarding the extent of civil and criminal liability, and greater legal distinction between defining Iraqi vs. Foreign companies. Provides an article-by-article analysis.
Civil Society | Rule of Law
Crossroads: The Future of Iraq’s Minorities after ISIS
Brussels, 7 June 2017 — IILHR, in partnership with three other human rights organizations, released its third annual assessment of the state of Iraq’s minorities after the fall of Mosul in June 2014. The document is meant to complement other reporting on Iraq’s ethnic and religious minorities; it also offers 63 specific recommendations that can help to relieve the existential pressure on these long-suffering groups.
On the third anniversary of the fall of Mosul, the focus is on the future. Minority communities in Iraq fear their ancestral lands will be stolen by government-backed forces as ISIS is pushed back, the new report finds. Territories “liberated” from ISIS months ago remain occupied by militias, Peshmerga, and Iraqi Security Forces while Yezidis, Christians, Shabak, and Turkmen have yet to return.
Based on extensive fieldwork in conflict-affected Ninewa and other parts of Iraq, “Crossroads: The Future of Iraq’s Minorities after ISIS” is the third in a series of definitive annual reports on the state of Iraq’s minorities, published by Minority Rights Group International (MRG), IILHR, No Peace Without Justice (NPWJ) and the Unrepresented Nations and Peoples Organization (UNPO). Financial support for the project was provided by the Konrad Adenauer Stiftung.
“ISIS is not yet defeated, but the rush to grab their former territory is already well underway,” says Mark Lattimer, MRG’s Executive Director. “East of Mosul, the Ninewa plains formerly home to Iraq’s minorities are now one ghost town after another, inhabited only by militias.” The last year has seen continued high rates of refugee flight from Iraq, particularly by minority Christians and Yezidis. With insecure conditions for internally displaced persons, many more plan to flee.
“With the impending liberation of Iraqi territory from ISIS forces, minority populations continue to diminish. All indications point to a post-ISIS phase that could be just as — or even more —dangerous to minority groups than the ISIS occupation. Many leaders fear that the “peace” could be more perilous for their survival as communities than the “war,” says William Spencer, Executive Director of IILHR.
This report makes 63 specific recommendations to the Government of Iraq, the Kurdistan Regional Government, and the international community tackling the humanitarian, legal, asylum, and other needs of minorities. The report warns that if their concerns are not addressed, there will be a continuing and lasting legacy of inter-communal animosity in conflict affected areas and the ultimate departure of ethnic and religious minority populations from many parts of Iraq.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
IILHR Comments: Draft Law on Communications and Media Commission
Analyzes and comments on the Communications and Media Commission draft law. Main areas of concern and comment include the need to clarify the responsibilities of the commission and the structure of how the commission is formed (nomination, election, and appointment of members). Additionally, suggests the significance of understanding that the basis of an independent commission is to have parliament establish a commission of experts on a topic and then to leave the organization and its work to the members themselves. These final components must be included for the commission to be truly independent. Provides article-by-article analysis.
Civil Society | Constitutional Development | Rule of Law
IILHR Comments: Federal Civil Service Council
Analyzes and comments on the Federal Civil Service Council draft law. Main areas of concern include the draft law is too limited in its focus and should include development of the public system in addition to establishing public or independent institutions; the draft law should discuss the substance of the debated issue (i.e., civil service). This analysis is based on examination of normal state practice.
Civil Society | Constitutional Development | Rule of Law
IILHR Comments: Freedom of Expression
Analyzes the roots of the right to freedom of expression in the Iraq Constitution and international treaties and covenants. Freedom of expression also includes the right of assembly and of the press and may only be limited for violations of “public order and morality” under the constitution. “Public order and morality” are not defined in the constitution so interpretation is left to lawmakers or the courts. The lack of definition may lead to uncertainty and unfairness. The law should define “public order and morality” but must be careful not to run afoul of the Constitution’s Article 46 guarantee that laws will not “violate the essence of the right to freedom.” Suggests narrowly tailored language in line with international practices related to incitement of violence and defamation and racial or ethnic slurs.
Civil & Political Rights | Civil Society | Rule of Law
IILHR Comments: Student Salary/Scholarship Draft Law
Analyzes and comments on the Student Salary/Scholarship draft law. Main areas of concern and comment include that the mechanics of how this law will be implemented need to be clarified; the monitoring process, which is essential to the functioning of such a program, also needs clarification. Provides article-by-article analysis and addresses questions and ambiguities that may arise from the current language.
Civil Society | Economic, Social, & Cultural Rights | Rule of Law
IILHR Legislative Review of the Draft Law on Women’s Care
Analysis of a draft law in the Iraqi Council of Representatives on the Care of Women without Supporters, looking at existing provisions of the Women’s Care draft law and examining international practice to suggest additional provisions that the Council of Representatives may wish to consider to achieve economic, social, and cultural equality for women in Iraq.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Rule of Law | Women's Rights
IILHR Memo on an Independent Commission for Civil Society
Analyzes the potential impact of the following options regarding whether a future Independent Commission for Civil Society can be called for as part of the draft NGO law: (1) add a separate chapter to the NGO law; (2) include an article within the NGO law; (3) pass a separate law creating the Commission prior to passing the NGO law. Provides potential advantages and disadvantages for each option.
Civil Society | Rule of Law
IILHR Memo on Implementing International Human Rights Related Treaty Obligations in Iraq
Analyzes potential conflicts in the authority for implementing human rights treaties under the Iraqi Constitution and outlines the basic process for pursuing treaty implementation. Discusses several options for treaty implementation including exclusive treaty implementation power granted to the Council of Representatives and shared implementation power between the federal and regional governments. Describes the treaty implementation process and provides state comparisons.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
IILHR Memo on Nationality
Identifies, through comparative state practice, international approaches to naturalization and citizenship legislation. Examines practices in the United States, Canada, Australia, the United Arab Emirates, Argentina, and other states and compares those states whose requirements are liberal versus those that have exclusive requirements.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Rule of Law
Iraq’s Minorities and Other Vulnerable Groups: Legal Framework, Documentation, and Human Rights
The Institute for International Law and Human Rights has developed a comprehensive report examining the de jure and de facto situation of Iraq’s minority components and other vulnerable populations to support the assessment of asylum claims within countries to which Iraqi refugees apply for protection and to complement other resources on Iraq’s vulnerable populations.
“Iraq’s Minorities and Other Vulnerable Groups: Legal Framework, Documentation, and Human Rights” provides an overview of key human rights, documentation, and legal challenges common to many minority components in today’s Iraq — including minority women — and suggests targeted recommendations to the central government, the Kurdistan Regional Government, and the international community. It then provides information on how Iraqi identity documents are processed and the requirements for issuance of documents including birth certificates, passports, and national identity cards, drawing from the Iraqi Foreign Ministry’s Consular Handbook and other sources. The book then offers an analysis of Iraq’s legal framework as it relates to citizenship, personal status, criminalized behavior, voluntary return to Iraq, and issues specific to particular components.
Finally, the report provides detailed information on the situation of 16 Iraqi components and vulnerable groups, including lesbian, gay, bisexual, transgender, and intersex persons. Details on ethno-religious minorities and other populations include historical background, approximate demographics, security situation, human rights challenges, humanitarian situation, diaspora and returnees, and the situation of women and children.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Rule of Law | Women's Rights
Legislative Review of the Draft Law of Non-Governmental Organizations
Analyzes and comments on the Non-Governmental Organization draft law. Main areas of concern and comment include the independence of civil society and its ability to fully operate independent of the Iraqi government. Suggests that it is essential that Iraq support NGOs to the fullest extent possible to have a legitimate democracy. Provides article-by-article analysis of the draft law.
Civil Society | Rule of Law
Minorities and the Law in Iraq
IILHR has produced “Minorities and the Law” in Iraq, which offers a groundbreaking analysis of the body of Iraqi law as it affects Iraq’s minorities, as well as recommendations to bring Iraqi law into compliance with international standards and Iraq’s Constitution.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
Minority Protections in Iraq: Implementing Article 125 of Iraq’s Constitution
Analyzes minority autonomy issues as a way to further implement Iraq’s Constitution and comply with the legislative requirements for local administrations called for in Article 125. Provides a survey of local autonomy regimes with examples taken from around the world in an effort to clarify issues and present options to Iraqi citizens. Suggests that the most common way to establish mechanisms to allow minority groups to have representative self-governments is through the creation of autonomous regions or smaller local governments.
Civil & Political Rights | Civil Society | Constitutional Development | Economic, Social, & Cultural Rights | Minority Rights | Women's Rights
Moving the Issue of Minorities in Iraq Forward
Outlines a range of potential actions that IILHR could take to advance the cause of minority rights, representation, protection, and cohesion, within the context of our grant with the State Department.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
No Way Home: Iraq’s Minorities on the Verge of Disappearance
On 4 July 2016, IILHR, the Unrepresented Nations and Peoples Organization (UNPO), Minority Rights Group International (MRG), and No Peace Without Justice (NPWJ) launched a second joint report documenting the state of Iraq’s minority components since the advance of ISIS in 2014. The report, titled “No Way Home: Iraq’s Minorities on the Verge of Disappearance,” is a follow-up report to “Between the Millstones: The State of Iraq’s Minorities since the Fall of Mosul,” published in February 2015.
“No Way Home: Iraq’s Minorities on the Verge of Disappearance” documents how many thousands of persons belonging to Iraq’s ethnic and religious minorities have been murdered, maimed, or abducted, including unknown numbers of women and girls forced into marriage or sexual enslavement, after the fall of Mosul in June 2014.
Iraq’s Christian population, which before 2003 numbered as many as 1.4 million, is now fewer than 250,000. Most of the Yezidi and Kaka’i have been forced from their traditional lands and are now internally displaced or have fled the country altogether, while Shi’a Turkmen and Shabak have been driven to the south. As of June 2016 there were as many as 3.4 million displaced persons, making Iraq the country with the highest number and fastest growing rate of people displaced in the world in 2015. Overall, the UN estimates that 10 million people have now been affected by displacement and are in need of humanitarian assistance. Minority communities have taken the brunt of this mass movement of people.
“Families are destroyed. Homes, businesses, and farms have been looted. Heritage is either demolished or sold. Survivors will have nothing to return to, unless Iraq and the international community take more robust action to address the crushing needs of minorities,” said William Spencer, of IILHR.
Islamic State of Iraq and al Sham (ISIS) forces and commanders have committed war crimes, crimes against humanity, and genocide, including the use of chemical weapons, summary executions, killing, mutilation, rape, sexual violence, torture, cruel treatment, the use and recruitment of children, and outrages on personal dignity, says the report. Iraqi Security Forces, Popular Mobilization Units, and Peshmerga have also committed war crimes prohibited under international law.
Many uprooted by the violence within Iraq hoped they would be able to return home within a relatively short timeframe. However, internally displaced persons (IDPs) interviewed said that the lack of basic services and security in many locations mean that as many as one in five of them feel that they have no choice but to flee the country. The anticipated displacement from a possible effort to retake Mosul could total as many as 1 million over the next year and the international community could witness the flight of hundreds of thousands of further refugees in 2016 alone.
The report makes 54 key recommendations to alleviate the humanitarian crisis and prevent future human rights abuses, as well as making proposals on justice, reconciliation, and asylum issues and improving institutions and legislation.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Minority Rights | Rule of Law | Women's Rights
Overview of Research Institutes
Identifies, through comparative state practice, the evolution, functions, and financial structures of research institutions on contemporary states. Outlines the utility of research institutions and the five key functions common to most states in their institute models. These five elements include: (1) providing elected leaders, policy makers, and the public with expert advice based on sound scientific evidence; (2) promoting education and public awareness; (3) conducting and fostering research to keep the state current with modern developments and technology; (4) developing creative discoveries and innovative research strategies; and (5) discovering cures to worldwide epidemics.
Civil Society | Constitutional Development
Women and the Law in Iraq
IILHR released a comprehensive overview of Iraq’s legal framework as it pertains to gender and the laws’ compliance with international standards.
Civil & Political Rights | Civil Society | Economic, Social, & Cultural Rights | Rule of Law | Women's Rights
Found 20 document(s)
WASHINGTON, DC
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Tel. +1 202-342-0985
BRUSSELS
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1050 Ixelles
Brussels, Belgium
Tel. +32 2 781 08 23
BAGHDAD
International Zone
Baghdad, Iraq
Tel. +964 790 128 7010
2023 INSTITUTE FOR INTERNATIONAL LAW & HUMAN RIGHTS
