The Convention in Domestic Law (Articles 1, 3 and 4):
The IHCHR noted that the international convention is no higher than the national
legislation under the legal system in Iraq as this derives from the provisions of the Iraqi
Constitution in force, which has been given no precedence to international
conventions and treaties over the provisions of domestic laws, and this leads us to say
that the law of ratification of the International Convention on the Elimination of All
Forms of Racial Discrimination is a part of national legislation and has an amended
effect on the validity of the previous legal texts, however this is true in theoretical
terms only because the national judge in Iraq, especially in the penal courts, strictly
follows the provisions of the Iraqi criminal code and does not consider any other
provisions recognized in the international conventions ratified by Iraq ... Therefore,
victims of discrimination could not invoke the Convention in national courts.
Recommendations:
1. The need to take the necessary steps to incorporate the Convention into
domestic law and urging the Committee on Harmonization of Legislation in the
General Secretariat of the Council of Ministers to work towards harmonizing
the provisions of the Convention with national legislation.
2. Prompt the Iraqi Council of Representatives to pass legislation or constitutional
amendment to ensure that the provisions of the Convention take precedence
over national legislation and carry the weight of constitutional texts.
3. Prompt the judicial authorities to examine the possibility of issuing instructions
that victims of discrimination can invoke the Convention in national courts.
Process of democratization and Inter-Ethnic Relations (Articles 2 - 7):
The IHCHR noted that the political process and the democratic transition are still
facing many obstacles, despite the adoption of a number of measures related to the
consolidation of the values of coexistence and community peace by the government,
including the formation of a permanent committee on peaceful coexistence in the
General Secretariat of the Council of Ministers following the operations of liberating
areas and retaking them from Daesh Terrorist gangs, and then opening subcommittees in Nineveh Plain and in other areas that have experienced armed conflict
with Daesh terrorist gangs. However, the Commission observed that ethnic and
religious groups have not enjoyed their rights to return to some areas, including Sinjar
district, as security measures and the multiplicity of armed security forces in that area
remained an obstacle to the return of Yazidis to their areas, the delay in the rehabilitation
of the Nineveh plain (villages and sub-districts) belonging to the Christian, Yazidi and
Shabak minorities and the destruction of the infrastructure and the lack of services
are obstacles to the return of life and the return of the displaced people. Moreover,
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