Iraq

For a summary of Iraq’s review at the second cycle please click here.

7th UPR session
Date of review: 16 February 2010
Date of report adoption: 15 March 2010
Document number: A/HRC/14/14

SUMMARY

SOGIESC issues during Iraq’s 1st UPR review
Civil society submissions: ✓ (1 submission)
National report: ✘
UN information: ✓
Working group discussions: ✓
Recommendations: ✓ (2 accepted, 5 noted)

I. SOGIESC issues/recommendations identified by NGOs
Right to privacy, marriage and family life

32. For AI [Amnesty International], the government has failed to provide adequate protection to men who identify themselves as gay, or who are assumed by their attackers to engage in same-sex sexual relations. Many were mutilated and their bodies dumped in the streets and many others were forced to flee Iraq after receiving death threats.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
Right to privacy, marriage and family life

30. UNAMI indicated that there have been a number of assassinations of homosexuals in Iraq and that it is believed that such incidents are underreported because families are unwilling to admit that targeted members were homosexuals, for fear of further abuse.

IV. References to SOGIESC issues during the Working Group review
29. Australia […] remained concerned about the persecution of religious minorities and other vulnerable groups, including homosexuals; continued violence against women; the treatment of detainees; and the application of the death penalty.

32. Canada recognized Iraq’s continuing efforts to address human rights violations and strengthen respect for the rule of law, but expressed concern that women had not been afforded adequate protection against violence and at the escalation in attacks targeting homosexuals.

38. France […] noted that many people had been killed on the basis of their sexual orientation and that the Iraqi Penal Code still criminalised homosexuality.

51. The Netherlands […] noted that “honour killings” still occurred. It noted indications by UNAMI that a number of homosexuals had been assassinated.

66. Sweden […] expressed concern about violence against human rights defenders, journalists and trade
unionists. Killings and disappearances had been reported. During 2009, the killing or brutal torture of homosexual men had become widespread, with accusations of involvement by security forces.

V. Conclusions and/or recommendations
Iraq accepted the following recommendations:

81.73. Implement measures to address extrajudicial killings of persons on the basis of their actual or presumed sexual orientation (Netherlands);
81.74. Take action in order to end extrajudicial killings of persons on the basis of their sexual orientation (Greece).

Iraq noted the following recommendations:

82.9. Re-establish the moratorium on death penalty in all cases. If not, extend that moratorium to the cases that are contrary to international law, including the death penalty for sexual orientation (Spain);

83.23. Investigate all allegations of persecution based on gender and sexual orientation and that charges be brought against those behind these crimes (Norway);

83.24. Ensure all reports of human rights violations, including those against religious minorities and homosexuals, are investigated and prosecuted (Australia);

83.25. Fully investigate all allegations of persecution based on gender and sexual orientation (Canada); 83.26. Decriminalize homosexuality and ensure that the authors of violence against homosexuals are brought to justice (France).

VI. Further information
You will find all documents relating to Iraq’s first review at UPR-Info and OHCHR’s websites.