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http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=51483e3d2&skip=0&query=census%202013&coi=IRQ

 

United Nations S/2013/154

Security Council Distr.: General

12 March 2013

Original: English

13-25352 (E) 140313

*1325352*

Second report of the Secretary-General pursuant to

paragraph 6 of resolution 2061 (2012)

I. Introduction

1. In paragraph 6 of its resolution 2061 (2012), the Security Council requested

me to report to it every four months on the progress made towards the fulfilment of

the responsibilities of the United Nations Assistance Mission for Iraq (UNAMI).

The current report is the second submitted pursuant to that resolution. It covers key

political and security developments as well as regional and international events

concerning Iraq and provides an update on the activities of the United Nations in

Iraq since the issuance of my previous report, dated 16 November 2012

(S/2012/848).

II. Summary of key political developments pertaining to Iraq

A. Internal developments

2. While all members of the national partnership Government continued to stress

their goodwill and commitment towards building a peaceful and non-sectarian future

for Iraq, political tensions and security incidents intensified during the reporting

period. In late November, relations between the Government of Iraq and the

Kurdistan Regional Government deteriorated over the issue of security coordination

in the disputed territories, and the protests that erupted in several governorates in

late December have presented major challenges for the Government of Iraq ahead of

the upcoming governorate council elections.

3. Relations between the Government of Iraq and the Kurdistan Regional

Government have been sharply strained by the decision of the Government of Iraq

to establish the Dijla (Tigris) Operations Command in the areas of disputed internal

boundaries. On 16 November, in Tuz Khurmatu, one of the disputed areas in Salah

ad-Din Province, the Iraqi army’s attempt to implement an arrest warrant against a

Kurdish suspect resulted in the death of 1 civilian and 18 injured. This led to the

deployment of additional Iraqi army and Peshmerga forces in Tuz Khurmatu and

Kirkuk. On 10 December, the President of the Kurdistan Regional Government,

Massoud Barzani, visited the city of Kirkuk to inspect the Peshmerga forces.

4. On 13 December, President Jalal Talabani announced an agreement between

the Government of Iraq and the Kurdistan Regional Government to replace

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Peshmerga and Iraqi military forces with a local force comprising Arabs, Kurds and

Turkmen, without a clear timeline for implementation. On 17 December, President

Talabani suffered a stroke and since 20 December has been convalescing outside of

Iraq. His absence has left a leadership gap in the dialogue between the central and

regional governments. On 26 December, negotiations resumed between the Ministry

of Defence and the Peshmerga ministry of the Kurdistan Regional Government. In

late January, a joint committee began steps towards a mutual withdrawal of troops

and implementation of a joint security agreement. On 27 January, the committee put

on hold all military movements while negotiations continued on the future locations

of combined coordination centres or modalities for the withdrawal of troops.

5. The tense situation in the disputed areas was accompanied by an increase in

security incidents. Two Turkmen schoolteachers were kidnapped on 17 December,

and their bodies were found two days later. The investigation is ongoing. On

16 January, the offices of the Kurdistan Democratic Party and the Kurdistan

Patriotic Union in Kirkuk were hit in a suicide attack. On 23 January, an attack on a

mosque in Tuz Khurmatu led to renewed calls by Turkmen political parties for the

establishment of a Turkmen security force. On 3 February, coordinated attacks on

the police headquarters in Kirkuk resulted in 33 dead and 90 wounded, and on

18 February, multiple explosions in Kirkuk resulted in one death and several

injuries.

6. Kurdistan opposition parties have increasingly alleged that the Kurdistan

Democratic Party and the Patriotic Union of Kurdistan are monopolizing power in

the region. On 17 January, President Barzani met with a delegation of leaders of the

Gorran party, the Kurdistan Islamic Union and the Kurdistan Islamic Group, which

proposed to change the presidential system in the Kurdistan Region to a

parliamentary system. On 30 January, the opposition declined a proposal by the

Kurdistan Democratic Party and the Patriotic Union of Kurdistan to join the

Regional Government.

7. On 4 December, the State of Law Coalition suggested reducing the Kurdistan

Regional Government’s share of the national budget from 17 per cent to 13 per cent.

The demand by the Regional Government that Peshmerga salaries be paid by the

Government of Iraq has yet to be accepted. In addition, Iraqiya’s demand that some

allocations for the Council of Ministers secretariat be diverted into capital

investments has stalled the adoption of the budget for 2013. There is agreement,

however, among the parliamentary blocs to maintain the status quo regarding the

Kurdistan Regional Government’s share of the national budget and that a census

should serve as a basis for future estimates.

8. On 20 December, several members of the security detail of Iraqiya Finance

Minister Rafi al-Issawi were arrested on terrorism charges. In response, protests

broke out on 23 December in Anbar Province, blocking the main highway to the

Syrian Arab Republic and Jordan. By 4 January, demonstrations spread to Anbar,

Salah ad-Din, Ninewa and Diyala Provinces and in northern Baghdad, while several

counterdemonstrations were held in the capital and southern governorates, including

Karbala, Muthanna, Qadissiyah and Basra Provinces. Those events have increased

concern across the political spectrum about the risk of the radicalization of politics

along sectarian lines.

9. On 6 January, the demonstrators issued a list of demands, focusing largely on

the implementation of the rule of law and governance, including the suspension or

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abolition of article 4 of the Anti-Terrorism Law, parliamentary adoption of the

General Amnesty Law and abolition or review of the Justice and Accountability

Law. They denounced structural problems within the overburdened judiciary and

alleged corruption in law enforcement. The demonstrators demanded the immediate

release of all prisoners who had already been released by the court or had yet to be

charged, and women who were in custody in lieu of their kin. They also called for

the transfer of women detained on criminal charges to their respective provinces as

well as investigations into human rights violations, specifically alleged torture,

confessions obtained under duress and abuse of female detainees. The protests led to

the temporary closure of crossing points on the border with Jordan and the Syrian

Arab Republic (Al-Walid, Trebil and Rabia) between 9 and 18 January.

10. In an effort to defuse the crisis, the Government of Iraq on 8 January appointed

a ministerial committee, headed by the Deputy Prime Minister, Hussain

al-Shahristani, and including the Justice Minister, Hasan al-Shammari, and the

Human Rights Minister, Mohammed al-Sudani, to address those demands of the

demonstrators that did not contradict the Constitution. On 3 and 17 February,

Mr. Al-Shahristani announced the release of 3,000 and 2,475 detainees, respectively.

He stated on 17 February that the ministerial committee was processing 81,000

claims from political martyrs, prisoners and victims of terrorism of the previous

regime and those facing “de-Baathification”. According to the Deputy Prime

Minister, the committee processed 2,400 of the 3,300 claims of persons whose

houses were ordered to be seized following de-Baathification in order to return

properties to their owners. The committee continues to meet on a regular basis to

discuss the human rights issues raised by the demonstrators.

11. Parallel to the Government’s efforts to respond to the protests, an

inter-coalition committee headed by the leader of the National Alliance, Ibrahim

al-Jaafari, met for the first time on 16 January. Composed of representatives of the

National Alliance, Iraqiya and the Kurdish Alliance, the committee was to put

forward recommendations for revising the contested laws and their application. In

addition, a “council of wise men”, comprising mainly pro-government Sunni Islamic

scholars, was created on 31 December to facilitate dialogue between demonstrators

and the Government.

12. Since late December, Iraqiya ministers have boycotted the sessions of the

Cabinet and attended only sessions of the Council of Representatives relating to the

budget. The Iraqiya ministers were placed on special leave by the Prime Minister,

who requested, effective 29 January, that other ministers run the ministries on an

interim basis. On 13 January, the office of Grand Ayatollah Ali al-Sistani called

upon all political parties to end sectarian rhetoric and enter into negotiations,

including to consider the demands of the protestors. Iraqiya continues to boycott

cabinet meetings.

13. On 15 January, one of the founding members of the Sahwa Council in Iraq and

parliamentarian, Ifan al-Issawi, was killed in a suicide bombing in Fallujah. The

Islamic State of Iraq claimed responsibility for the attack. On 25 January, four

people were killed and several injured in Fallujah in clashes between security forces

and demonstrators. On 25 February, the Governor of Diyala Province was injured in

an assassination attempt. No one claimed responsibility for the attack.

14. On 19 January, a parliamentary board approved a request to summon the Prime

Minister on the grounds of violating the Constitution. On 26 January, the Council of

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Representatives passed a law with a majority of 170 votes to limit the President,

Prime Minister and Speaker of the Council of Representatives to two terms of

office. The State of Law coalition, which voted against the law, said that it would

refer the law to the Federal Supreme Court for a review of its validity.

15. On 15 February, the Justice and Accountability Commission dismissed Medhat

al-Mahmoud as the head of the Federal Supreme Court for his alleged Baathist

connections, prompting disputes between the executive and legislative branches

over their respective competencies in relation to the appointment of members of

different independent bodies. On 17 February, the Prime Minister replaced the

newly appointed head of the Justice and Accountability Commission, Hasan

Shanshal, with another member of the Commission, Basim Badri. On 18 February,

the Speaker of the Council of Representatives reappointed Mr. Shanshal. On

19 February, the Appeals Board of the Justice and Accountability Commission

overturned the removal of Mr. Al-Mahmoud.

B. Regional and international developments

16. The normalization of relations between Iraq and Kuwait continued to progress.

On 20 November, the Iraq Council of Ministers agreed to pay $500 million to

Kuwait Airways in a compensation settlement. Following the subsequent withdrawal

of Kuwaiti lawsuits against Iraqi Airways, Iraqi Airways began to operate flights to

Kuwait on 27 February, for the first time in 22 years. In a similarly welcome

development, the Parliament of Kuwait ratified an agreement on the navigation of

the Khor Abdallah waterway, reached during the last meeting of the countries’ Joint

Ministerial Committee.

17. On 5 December, I visited Kuwait to meet with its leadership, including the

Emir and the Prime Minister, on the normalization of Iraq-Kuwait relations. My

Special Representative visited Kuwait on 5 March, where he met with Kuwaiti

officials and discussed the outstanding issues between the two countries, including

the Iraq-Kuwait boundary maintenance project.

18. On 6 December, I travelled to Baghdad, where I met with President Talabani,

the Prime Minister, Nuri al-Maliki, and the Speaker of the Council of

Representatives, Usama al-Nujaifi. I also addressed the heads of blocs in the

Council of Representatives and discussed with President Barzani the general

situation in the country, including Baghdad-Erbil relations. I also met the Chair of

the Independent High Electoral Commission, Sarbast Mustafa. My discussions in

Baghdad focused on the internal political situation, the stalemate between major

political blocs, the forthcoming governorate council elections and human rights

issues in Iraq; the situation in the Syrian Arab Republic; and relations between Iraq

and Kuwait. I welcomed the progress made in building State institutions and urged

leaders to engage in an inclusive political dialogue without any further delay to

achieve necessary reforms and enact constitutionally mandated legislation. I also

assured the Government of Iraq of the support of the United Nations for its

fulfilment of obligations under Chapter VII of the Charter in relation to Kuwait.

19. On 10 December, Iraq nominated its technical observers to participate in the

field maintenance work of the Iraq-Kuwait boundary maintenance project pursuant

to Security Council resolution 833 (1993). On 17 December, the Iraqi technical

observers arrived in Kuwait. On 14 January, my Deputy Special Representative for

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Political Affairs formally launched the field maintenance work in the presence of

representatives from both countries. Both sides committed to take the steps

necessary to ensure that the work is completed by the deadline of 31 March. At the

time of reporting, the work is on schedule, and the Government of Iraq has started to

remove the obstacles between boundary pillars, with the notable exception of the

residential constructions in the Umm-Qasr area. With regard to the implementation

of Security Council resolution 899 (1994), the Government of Iraq announced on

29 November that it would update the list of those eligible for compensation. The

Government has yet to respond, however, to the proposal by the United Nations to

transfer the funds for that purpose without delay.

20. On 24 December, Prime Minister Al-Maliki met in Jordan with

King Abdullah II. The countries concluded several bilateral agreements, including

on building an oil pipeline through Jordan. The pipeline would carry a million

barrels a day and provide Jordan with all its crude oil requirements.

21. The political, humanitarian and security ramifications of the ongoing civil war

in the Syrian Arab Republic continue to be a source of serious concern for Iraq,

which hosts thousands of refugees fleeing the conflict. The Government of Iraq

continues to emphasize a Syrian-led solution to the crisis, including dialogue

towards a political transition comprising all Syrian constituents.

22. During the reporting period, the Turkish armed forces carried out military

operations, including aerial bombing and artillery shelling in the Kurdistan Region

of Iraq, against the Kurdistan Workers Party in response to its cross-border terrorist

attacks.

III. Activities of the United Nations Assistance Mission for Iraq

and the United Nations country team

A. Political activities

23. My Special Representative, Martin Kobler, visited Kirkuk on 22 January and

27 February to discuss the current political crisis with governorate officials and the

potential modalities for holding governorate council elections in Kirkuk. Despite

continued facilitation by UNAMI and the agreement between the components on the

importance of the elections in Kirkuk, negotiations between the parties are at a

stalemate, and the prospect for elections in the Kirkuk Governorate remains limited.

The current political crisis has also overshadowed this issue on the national political

agenda.

24. On 20 and 21 November, my Special Representative visited Kuwait to meet

the Prime Minister, Sheikh Jaber al-Mubarak al-Sabah, the Deputy Prime Minister

and Minister for Foreign Affairs, Sheikh Sabah Khalid al-Sabah, and the Minister of

Communications, Salim Alozainah, in preparation for my forthcoming visit.

25. During the reporting period, my Special Representative held regular meetings

with key government officials, among them Prime Minister Al-Maliki, the

Vice-President, Khudhair al-Khuza'e, Deputy Prime Ministers Saleh al-Mutlaq and

Hussain al-Shahristani, and the Speaker of Parliament, Osama al-Nujaifi, in order to

discuss how to defuse the ongoing political crisis. My Special Representative

encouraged all Iraqi political and religious leaders to engage constructively in direct

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dialogue to defuse the crisis. He reiterated to his interlocutors the importance of

respecting human rights and addressing the demands of the demonstrators seriously,

in accordance with the law and Constitution of Iraq. He urged the Government of

Iraq to exercise the utmost restraint in dealing with the demonstrators. At the same

time, he pressed the representatives of the demonstrators to keep their actions

peaceful and within the bounds of the law.

26. On 12 January, my Special Representative met in Erbil with President Barzani.

On 13 January, he met in Najaf with Grand Ayatollah Al-Sistani and the Governor.

On 21 January, he met in Baghdad with religious leaders, including Ayatollah Sayed

Hussein al-Sadr. On 22, 27 and 29 January, UNAMI representatives visited

Al-Anbar, Salah ad-Din and Ninewa Provinces, respectively, where they met with

the representatives of the protestors and local government. On 29 January, my

Special Representative met in Mosul with local authorities and demonstrators. On

30 and 31 January, my Special Representative met tribal leaders and the President of

the Awakening Council, who expressed concern about the current situation. My

Special Representative reiterated the importance of the demonstrations remaining

peaceful and of all parties exercising restraint and engaging in dialogue, and

emphasized the readiness of the United Nations to assist. On 19 February, he visited

Erbil, where he met with Nechirvan Barzani, Prime Minister of the Kurdistan

Regional Government, and other leaders. On 20 and 26 February, UNAMI

representatives visited Fallujah and Tirkrit and met with local authorities and

demonstrators. On 24 February, my Special Representative met separately with

Speaker Al-Nujaifi and the Minister of Finance, Rafi al-Issawi. On 27 February, my

Special Representative met in Kirkuk with key stakeholders.

27. My Special Representative continued to use his good offices to engage all

parties, including the committees headed by Deputy Prime Minister Al-Shahristani

and Mr. Al-Jaafari, to assist in defusing the crisis. On 17 February, in response to

the request by UNAMI for the Government of Iraq to follow up on the human rights

situation, Mr. Al-Shahristani appointed a focal point within his office to work on

individual human rights cases submitted to UNAMI.

28. UNAMI continued to provide advice and technical assistance to the Council of

Representatives on a draft law to establish the Federation Council and engaged with

parliamentarians and provincial governors on the political framework for the

Federation Council, including its composition, power and procedures. A draft law to

establish the Federation Council is under deliberation by the Council of

Representatives, which is receiving advice and technical assistance from UNAMI.

29. In February UNAMI marked World Interfaith Harmony Week. My Special

Representative led a delegation of 40 Iraqi youth to a number of holy places in Iraq

and convened discussions on the aspirations of youth for the country’s future.

B. Electoral assistance activities

30. Preparations for the governorate council elections on 20 April intensified

under the leadership of the new Board of Commissioners of the Independent High

Electoral Commission. Significant progress was made, including the finalization of

a legal and regulatory framework, completion of the voter registry update,

registration of entities and candidates and external relations.

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31. On 13 December, the Council of Representatives voted to adopt the Sainte-Laguë

formula for allocating seats in the governorate councils following negotiations

among political blocs and consultations between the Legal Committee of the

Council of Representatives, the Independent High Electoral Commission and

UNAMI, during which the Mission provided a draft of the amendment to the Legal

Committee. This formula replaces a provision in the electoral law that was ruled

unconstitutional by the Federal Supreme Court.

32. Concerned that the new formula may lead to fewer women being elected in

governorate councils, UNAMI proposed to the Independent High Electoral

Commission, on 23 December, a number of potential measures, including a

provision guaranteeing that no fewer than 25 per cent of a governorate council’s

seats would be awarded to women and a legal provision ensuring that there would

be one woman for every two winners in an entity list.

33. On 17 January, an integrated gender task force on elections was established.

Bringing together UNAMI, the United Nations Development Programme (UNDP)

and the United Nations Entity for Gender Equality and the Empowerment of Women

(UN-Women), the task force coordinates efforts for gender mainstreaming and

women’s participation as voters and candidates in elections. The task force works

with the Independent High Electoral Commission gender team, headed by the only

female commissioner, to promote gender awareness, including advocacy within the

Board of Commissioners and the management of the Commission, the production of

outreach materials and a review of the procedures and policies of the Commission.

Those initiatives have led the Commission to incorporate gender-disaggregated data

in reporting on the polling process. For the first time, the Commission will be able

to announce the number of male and female voters.

34. During the voter registration update period of 9 December to 8 January, almost

a million individuals checked their registration data in 893 voter registration centres,

including 28 centres for internally displaced persons in Kirkuk and the governorates

in the Kurdistan Region. More than 300,000 registration forms were issued for

additions or changes of entries in the preliminary voters’ lists. The voter registry

was updated. With advice from UNAMI, the Independent High Electoral

Commission is allocating the voters to polling places and updating the voting

records for the army and police, with a view to generating the final voter lists.

35. The processes of registering and nominating political entities and coalitions

took place as scheduled on 10 January. The Independent High Electoral Commission

announced that 265 political entities and 50 coalitions were participating in the

April elections. Nomination papers were submitted for 8,302 candidates, of whom

2,205 (26 per cent) are women. On 13 January, the Commission submitted the

candidate lists for vetting by the Justice and Accountability Commission. While

446 candidates were initially excluded, 315 were reinstated following appeals.

Pursuant to the justice and accountability law, 135 candidates remain excluded.

Most excluded candidates are from the governorates of Baghdad, Salah ad-Din,

Ninewa and Diyala. Submissions of substitute candidates are being processed. On

18 February, the Commission announced that the start of the campaign would be

brought from 25 March to 1 March. Since January, UNAMI has advocated that the

Commission cannot shorten the campaign period, as the law stipulates that election

campaigns must start once the candidate is officially approved by the Commission.

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36. In a letter dated 3 December, the Office of the Prime Minister of Iraq notified

the Independent High Electoral Commission of its approval to transfer the

Commission staff from contractual to permanent (civil servant) status. On

10 February, the Chief Electoral Officer of the Commission announced that roughly

4,000 staff were henceforth considered civil servants. Advocated by UNAMI since

2006, civil servant status will contribute to the professionalization of the workforce

and the retention of experienced electoral staff.

37. The United Nations integrated electoral assistance team continues to provide

advice and assistance to the Independent High Electoral Commission on operational

and external relations activities, including through the participation of UNAMI in

the meetings of the Board of Commissioners. The rehabilitation of the

Commission’s data-entry centre was completed, with the support of the United

Nations Office for Project Services. United Nations advisers provide regular advice

to the Commission’s software developers on software for tabulating election results.

A number of mechanisms for polling and counting, special voting, and complaint

management have been finalized. United Nations military advisers take part in

meetings of the high committee on electoral security. Aside from providing advice

in the planning and design of public outreach campaigns, the United Nations team,

through UNDP, supports the production of outreach materials to enhance the profile

of the Commission in the elections.

 



38. In meetings with the diplomatic community in Iraq, facilitated by my Special
Representative, the Board of Commissioners has underlined its goals of building
confidence and enhancing the credibility of the elections. Invitation letters for
election observation have been sent to international and regional organizations and
diplomatic missions in Iraq through the Ministry of Foreign Affairs. Domestic
observation is also planned. The Independent High Electoral Commission has thus
far accredited 6,053 domestic observers and 8,305 political entity agents.
39. In November, a needs assessment mission was deployed to Iraq to evaluate
ongoing needs and gaps in electoral assistance, given the prospect of several
elections over the next two years. In the mission report, it was highlighted that
electoral assistance will remain a priority for UNAMI and the integrated electoral
assistance team in 2013-2014, with assistance focusing on the areas of information
and communications technology, the voter registry, legal advice, gender
mainstreaming, external relations and strategic planning. As the remaining technical
gaps with respect to the Integrated Electoral Assistance Team are addressed, the
nature and extent of United Nations electoral assistance beyond 2014 would be
subject to a new request and needs assessment.
C. Human rights activities and developments
40. UNAMI continued to monitor prisons and places of detention under the
responsibility of the Ministry of Justice in different parts of Iraq, including the
Kurdistan Region. Conditions in detention facilities under the authority of the
Ministry continue to improve, including physical conditions and rehabilitation
programmes, as well as medical and psychological services. The Ministry is in the
process of implementing reforms to bring prisons and detention facilities in line
with international human rights standards, including the reparation and construction
of premises. The remaining overcrowding issue in some prisons is also expected to
be addressed.
S/2013/154
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41. UNAMI has not been granted access to detention centres under the authority of
the Interior Ministry. Many detainees and prisoners interviewed by UNAMI in
Ministry of Justice facilities and family members of persons held in detention
centres under the Interior Ministry have alleged abuse, mistreatment and, at times,
torture by authorities.
42. The justice system continues to implement the death penalty for serious
crimes, particularly those relating to terrorism. On 16 December, the Presidential
Council ratified 28 death sentences. All persons whose sentences were ratified were
convicted under the Anti-Terrorism Law for involvement in attacks against civilians
and security forces. Despite weaknesses in the administration of justice, my frequent
appeals for a moratorium on the implementation of the death penalty in accordance
with relevant General Assembly resolutions remain unheeded.
43. On 15 December, the Iraqi Council of Representatives ratified the Law on the
High Judicial Council, which stipulates that the President of the Court of Cassation
(appeals court) will simultaneously be the President of the High Judicial Council
instead of the President of the Federal Supreme Court (constitutional court).
Representatives of the State of Law Coalition boycotted the session, stating that
they intended to challenge the new law, as it was approved without the required
parliamentary quorum.
44. Violence against women, including honour-related crimes, continued to be
reported. UNAMI received reports of the killing, burning and suicide of women,
especially in the Kurdistan Region, where the Regional Government has made an
effort to collect information and formulate policies aimed at addressing this serious
issue. According to statistics from the Kurdistan Region general directorate
responsible for following up on violence against women, there were 20 cases of
killing and suicide in November and December, 33 cases of burning and attempts to
burn and 634 complaints of verbal and other forms of harassment recorded in the
Region.
45. Grave violations against children continued to be documented. The country
task force on monitoring and reporting, co-chaired by UNAMI, received 50 reports
of child casualties in November and December in waves of coordinated attacks,
mostly through improvised explosive devices. Education and health facilities were
also affected. As at the end of December, 302 children (including 13 girls) were
being held in detention facilities under article 4 of the Anti-Terrorism Act (2005). A
formal mechanism for collaboration on child protection and information-sharing
between the country task force and the Government remains to be established.
46. Curbs on the right to freedom of expression and peaceful assembly continued.
On 14 December, the Al-Baghdadiya television station was closed down upon orders
of the Baghdad Operations Command, with no reason specified. On 16 December,
the Baghdad Operations Command ordered the closure of another media outlet, the
Al-Mahaba radio station, which disputed the claim that it had not paid its licence
fee. The two orders are considered to be in clear breach of Iraqi law, which
stipulates that only the Communications and Media Commission has the authority to
order the closure of media outlets.
47. Minorities continued to be targeted in acts of violence, including assassination
and kidnapping for ransom. On 24 December, Turkmen leaders in Kirkuk alleged
that in 2012, 46 Turkmen were assassinated, 12 were kidnapped, 61 died in
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explosions and 329 were injured. As part of its attempts to address this issue,
UNAMI has offered a number of training sessions on the protection of the rights of
minorities with representatives of civil society and Government officials, the latest
of which was held on 31 January and 1 February.
48. In Baghdad, UNAMI, in cooperation with the human rights committee of the
Council of Representatives and the Iraqi Alliance of Disability Organizations,
organized a conference on 22 and 23 December to make recommendations to the
Government of Iraq on implementing the Convention on the Rights of Persons with
Disabilities, which Iraq had ratified. The recommendations included the
establishment of an independent board to oversee the implementation of the
Convention, the appointment of focal points within government departments to
review policies and procedures to ensure access to services by persons with
disabilities and public information campaigns to raise awareness of the rights of
persons with disabilities and their contributions to Iraqi society.
49. To assist in the training of the commissioners of the Independent High
Commission for Human Rights, UNAMI, in partnership with UNDP, conducted a
workshop in Sharm el-Sheikh, Egypt, from 4 to 7 December. The workshop
provided participants with practical tools for implementing the Commission’s
protection mandate, including detention monitoring, the conduct of human rights
assessments and inquiries and the investigation of individual complaints, as well as
information on the role of national human rights institutions in the protection of
human rights defenders and the holding of public inquiries. The Council of
Representatives granted the Commission the right to use a temporary office location
in the former Parliament building. The Commission has started to recruit staff,
which will be essential once it commences full operations in the coming months.
Camp New Iraq and Camp Hurriya
50. On 9 February, 27 rockets were fired at Camp Hurriya, resulting in 7 dead and
more than 40 injured. Jaish al-Mukhtar, a militant wing of Hizbullah in Iraq,
claimed responsibility for the attack. I condemned the attack, as did my Special
Representative, and urged the Government of Iraq to do its utmost to ensure the
safety and security of the residents. My Special Representative requested Iraqi
authorities to ensure medical care for the wounded and to promptly conduct an
investigation. A United Nations team was immediately deployed to the camp to
assess the situation and provide assistance. In its rapid response, the Government
dispatched teams to secure the area around the camp, assisted with medical
transportation of the wounded, inspected the camp area and cleared unexploded
ordnance. The Prime Minister formed a committee to investigate the incident.
51. One hundred residents remain in Camp New Iraq (formerly Camp Ashraf). The
residents and their leadership insist that their relocation cannot occur until the issue
of movable and immovable property is resolved. While flexible on the sale of
movable property, the Government of Iraq refuses to provide compensation for
immovable property. In January, UNAMI facilitated the visit of the residents’ legal
representatives to Iraq for the resolution of the property issue. While some progress
has been made, the matter remains unresolved. With the issue of the appointment of
legal representation in Iraq on the property issue outstanding, the Government of
Iraq continues to insist that the remaining 100 residents should relocate to Camp
Hurriya immediately.
S/2013/154
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52. In the Camp Hurriya temporary transit location, the Office of the United
Nations High Commissioner for Refugees (UNHCR) had completed the registration
of 3,112 individuals and conducted in-depth interviews of 2,024 persons as at
27 February. A total of 1,546 individuals had been determined to have international
protection needs, while the cases of the other individuals interviewed were being
processed. Simultaneously, UNHCR is seeking durable solutions for individuals
with identified international protection needs through resettlement, consular and
humanitarian channels. To date, 25 residents have been accepted for consular
solutions by seven countries. Another 26 individuals have been accepted for
resettlement by five countries. Discussions with other countries are in an advanced
stage for the admission on humanitarian grounds of a few hundred persons. The
tragic events of 9 February highlight the urgent need to find solutions outside of
Iraq for all the residents in the Camp Hurriya temporary transit location as soon as
possible.
53. In addition, a number of residents in Camp Hurriya informed UNAMI and
UNHCR of their wish not to relocate outside of Iraq but to return to Camp New
Iraq. Since December, 19 individuals, including 6 who declined solutions identified
in Finland, Sweden and Norway, cited a number of reasons, including a belief that
they had the right to remain in Iraq or return to Camp New Iraq, a wish to be the last
resident to depart from Iraq or a request for other ill or elderly camp residents to be
resettled in their place.
D. Development and humanitarian assistance
54. The conflict in the Syrian Arab Republic continues to affect Iraq, with the
influx of humanitarian refugees to Iraq increasing rapidly. As at 20 February,
96,270 Syrian refugees had been registered or were awaiting registration with the
Government of Iraq and UNHCR, 87,416 of whom are in the Kurdistan Region. The
Humanitarian Coordinator and humanitarian country team in Iraq have stepped up
their advocacy to the Government in facilitating the entry of displaced Syrian
families through the Al-Qaim border crossing, which remains closed, with
exceptions for medical emergencies and family reunification. The UNAMI Gender
Unit liaises with UNHCR on the refugee situation, in particular on cases of conflictrelated
sexual violence.
55. The total number of Iraqis crossing into Iraq from the Syrian Arab Republic as
at 21 February was 73,664, including returnees registered in the Syrian Arab
Republic as Iraqi refugees and individuals who cross the border for private reasons
on a daily basis. Between October and December, 27,120 internally displaced
persons and 19,220 Iraqi refugees returned to their places of origin. This brings their
total number in 2012 to 218,800 and 82,260, respectively. The Ministry of Migration
and Displacement continues to distribute 4 million Iraqi dinars to all new returnee
households. Construction of new low-cost housing units has begun on land allocated
by the Government to internally displaced persons currently living in informal
settlements. Since November, UNHCR has provided one-time cash assistance of
$400 for families and $200 for individuals in all Iraqi returnee households.
56. The humanitarian country team, in collaboration with non-governmental
organizations, finalized all winterization activities prior to the wet and cold winter
season. UNHCR, the humanitarian country team, the Government of Iraq and the
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Kurdistan Regional Government scaled up the distribution of thousands of non-food
items while replacing light tents with more durable family models. The United
Nations Children’s Fund (UNICEF) distributed winter clothes to more than
4,300 refugee children and provided access to safe water and sanitation to 10,500
refugees. UNICEF also constructed three schools, benefiting 3,000 refugee students,
rehabilitated eight schools, benefiting more than 4,500 Iraqi students, and provided
recreational and psychosocial activities to nearly 1,100 refugee children. The World
Food Programme (WFP) distributed food vouchers to 30,000 beneficiaries in Domiz
camp. The World Health Organization (WHO) distributed 150 wheelchairs and
medicine for chronic health conditions in Domiz camp. WFP also provided refugees
in Al-Qaim camp with food parcels. During the reporting period, the International
Organization for Migration distributed 5,621 emergency and winterization kits to
25,488 Syrian refugees.
57. In late December, UNHCR responded to the worst flooding emergency in
30 years, which affected thousands of people in Baghdad with non-food item kits,
plastic sheets and cash assistance. In January, UNHCR provided assistance to 1,200
families left homeless by floods in Salah ad-Din Governorate.
58. The Chair of the United Nations Development Group and Administrator of
UNDP, Helen Clark, visited Baghdad from 1 to 3 December. She raised with Iraqi
counterparts the necessity of establishing a cost-sharing mechanism for joint
programmes based on the country’s development priorities.
59. As at 31 December, the United Nations Development Assistance Framework
(UNDAF) had funding of $34,094,784. The process of formalizing allocations from
the Government’s Partnership Fund, from which Iraq has allocated $30 million to
co-finance United Nations programmes, has been difficult, as no line ministry has
received an allocation from the Ministry of Finance. Operational modalities for the
utilization of those funds are still under discussion, with the Government preferring
a parallel mechanism without transferring funds to the United Nations. This
situation compounds the difficulty of mobilizing resources in Iraq, as the majority of
donors are less keen to contribute funds to a country where they see the potential of
self-funding development programmes. The United Nations country team is working
on a proposal for a co-financing mechanism that will bring Iraq to net contributing
country status.
60. On 4 December, the Kurdistan Regional Government committed to providing
additional funding from its 2012 budget to UNDAF programmes. From the
allocation of $14 million made to the Kurdistan Regional Government from the
Partnership Fund, $12.1 million has been allocated to its share of the costs of
20 United Nations country team programmes.
61. The second phase of the public sector modernization programme, led by
UNDP, started on 1 January. The programme provides for decentralization as an
important element of a new administrative configuration.
62. On 18 November, the Ministry of Health, UNICEF, WHO and WFP launched
the first national nutrition strategy of Iraq, which provides a vision for improving
the nutritional status of the Iraqi people and includes targets for reducing the
prevalence of stunted children, caused by undernutrition, from 21 per cent to 10 per
cent by 2021.
S/2013/154
13-25352 13
63. A report by WFP entitled “Food security, living conditions and social transfers
in Iraq”, launched in December, found that overall food deprivation fell from 7.1 to
5.7 per cent in 2011, but that 1.9 million Iraqis still suffered from food deprivation.
The findings will assist the Government in targeting the public distribution system
to alleviate food insecurity for its affected population.
64. On 8 December, the Ministry of Education, the Ministry of Higher Education
and Scientific Research, UNICEF, the United Nations Educational, Scientific and
Cultural Organization (UNESCO) and the World Bank launched the country’s first
national education strategy, which provides a vision for improving access to quality
education and promoting free and equal access to preschool, basic and secondary
education for all children, especially the most deprived among them.
65. Through the collaboration of UNESCO with Iraqi universities and the Ministry
of Higher Education and Scientific Research, two Avicenna e-learning centres were
inaugurated, on 28 November and 3 December, at the University of Baghdad and the
University of Salahaddin, respectively. In addition, UNESCO supplied a television
studio to the University of Baghdad to support education in media literacy and
television programming.
66. On 12 December, UNICEF, along with the Government, launched the multiple
indicator cluster survey, the largest household survey conducted in Iraq to date,
which provides comprehensive data on the situation of children and women in the
country. It highlighted the fact that 5.3 million children are deprived of many of
their fundamental rights and identified Muthanna, Missan, Ninewa and Thi-Qar as
the most vulnerable governorates.
67. From 18 to 20 December, the United Nations Human Settlements Programme
and UNDP organized with the Governor of Erbil a national conference on informal
settlements and urban governance. Participants discussed the lessons of resettlement
and compensation by the Government of Iraq, finding durable solutions for



internally displaced persons and practices developed in Erbil on establishing
“special planning zones” as a potential basis for new legislation to address informal
settlements at the national level.
68. During the reporting period, the Food and Agriculture Organization of the
United Nations worked to strengthen the capacity of public agricultural institutions
and the delivery of services to ensure sustainable growth in the agricultural sector at
the governorate level.
69. UNDP advocacy contributed to the ratification by the Council of
Representatives of the Convention on Cluster Munitions, with a law published on
14 January. With UNDP support, Iraq rolled out the first curriculum for primary and
secondary schools that promotes transparency, accountability and the fight against
corruption.
70. On 1 December, UN-Women sponsored the first “TEDx Women” event in
Baghdad, during which a number of innovative ideas for small enterprise and social
development were showcased.
71. Technical consultations on transboundary solutions to the environmental
challenges of Iraq, held in Tehran on 11 and 12 November, were attended by
officials from Iranian ministries and Tehran University. The United Nations
Environment Programme (UNEP) and the UNAMI Tehran Liaison Office supported
the establishment of a secretariat within the Department of Environment of the
Islamic Republic of Iran to secure funding for relevant activities in both countries.
S/2013/154
14 13-25352
72. Although the scientific data are incomplete, it has been recognized that Iraq is
not only affected by dust storms, but it has become one of the main sources of such
storms owing to the decades-long degradation of the environment. The increasing
number and frequency of dust storms present economic and health risks not only for
Iraq, but for the whole region. Between 2001 and 2010, 530 transboundary dust
storms were detected in Iraq alone. It is estimated that there will be 300 dust storms
every year in the next 10 years. At the Regional Dust Storms Conference held in
Kuwait from 20 to 22 November, my Special Representative called for a collective
approach to shared environmental challenges and underlined the readiness of the
United Nations to provide support. On 21 February, he attended the first United
Nations Environment Assembly for UNEP in Nairobi, where the Governments of
Iraq, the Islamic Republic of Iran, Jordan, Turkey and the United Arab Emirates
pledged their support for a regional intervention on dust storms.
73. On 6 and 7 December, UNESCO organized a workshop for the Iraq national
drafting team preparing the World Heritage List nomination file for the Iraqi
marshlands.
74. To assist in building the country’s capacity in the area of drought management,
UNESCO organized a study tour for 14 Iraqi experts from 18 to 24 November to
research centres, training institutions and governmental bodies on drought
monitoring and management in Kenya.
75. In December, the Ministry of Trade, the United Nations Conference on Trade
and Development and the United Nations Industrial Development Organization
discussed initiatives to develop trade policy in Iraq and support the country’s
accession to the World Trade Organization, including by strengthening skills and
institutional structures.
E. Gender issues
76. On 17 and 18 December, the UNAMI Gender Unit, in cooperation with the
Kurdistan Parliament, conducted a workshop on negotiation and mediation for
29 female parliamentarians. Participants formulated a six-point document
recommending a minimum 30 per cent quota for women in all negotiation and
mediation forums and delegations; a 30 per cent quota for women across all
government structures; amendment of the Kurdistan Political Parties Law to include
a 30 per cent quota for women’s representation at all levels of party structures, with
penalties imposed on party funding if the quota is not met; the participation of
women in political party leadership during political negotiations; the establishment
of a network under Security Council resolution 1325 (2000) within Parliament; and
capacity-building on negotiation, advocacy and lobbying.
IV. Security and operational issues
77. The security environment in Iraq remained volatile and unpredictable
throughout the reporting period, fuelled by political and sectarian tensions, with
armed opposition groups and terrorist organizations selecting targets and adapting
their procedure and techniques. From 16 November to 31 January, 741 Iraqi
civilians across the country were killed and 2,285 wounded. In the same period,
S/2013/154
13-25352 15
311 members of the Iraqi security forces were killed and 532 injured. There was an
increase in the number of suicide attacks and indirect fire (mortars and surface-tosurface
artillery rockets attacks). While the deliberate targeting of the Iraqi security
forces and individuals continues, there appears to be a recurrence of mass casualty
attacks in densely populated areas, exploiting sectarian tensions.
78. The former United States Forces-Iraq Provincial Reconstruction Team
compound, housing the UNAMI office in Basra, was vacated in December and
handed over to the Government of Iraq. A new integrated office was established in
Basra under a cost-sharing agreement between UNAMI and the United Nations
country team. In addition, the provision of integrated support services at the Kuwait
Joint support Office for UNAMI and the United Nations Assistance Mission in
Afghanistan was initiated in December. In line with its budget for 2013, UNAMI
enhanced its air capacity with the acquisition of longer-range helicopters.
79. UNICEF and UNHCR opened an office in Basra to expand support to the most
deprived and vulnerable populations, namely children, internally displaced persons
and refugees in Basra, Missan, Muthanna, Najaf, Qadissiya and Thi-Qar Provinces.
V. Observations
80. I am concerned by increased tensions in Iraq, in particular since the emergence
of protests in the western parts of the country. I urge the Government to continue to
exercise maximum restraint in dealing with the demonstrators, who in turn should
continue to express their demands peacefully. I strongly encourage the Government
of Iraq to promptly investigate allegations of human rights violations in a
transparent manner. In this regard, I welcome the formation of an interministerial
committee and hope that it can quickly complete its review of the demands of the
demonstrators in accordance with the Constitution and the rule of law. I also appeal
to all parties to intensify their efforts to find solutions to long-standing political,
legislative and legal issues through serious dialogue and in a spirit of compromise
and flexibility. UNAMI stands ready to assist the Government and its institutions
with its good offices in this regard.
81. I remain concerned about continued volatility in relations between the
Government of Iraq and the Kurdistan Regional Government. I urge them to resume
dialogue on solutions that are informed by principles of mutual respect and
federalism based on the Constitution. Transparent and accountable sharing of power
and resources is essential for ensuring further political stability, economic growth
and prosperity for all. There is no alternative to peaceful coexistence in a united
federal Iraq.
82. I commend the new Board of Commissioners of the Independent High
Electoral Commission for its professional and timely preparations for the
forthcoming governorate council elections of 20 April. I urge the relevant authorities
to ensure the fair representation of women and minorities in elected bodies,
including by adopting the UNAMI recommendation that a 25 per cent quota for
women be enshrined in the electoral laws, applicable to all elections. Similarly, I
encourage all stakeholders to ensure that the elections be held in accordance with
the current timeline, in a peaceful and orderly manner and free from violence. I
reiterate the continuing commitment of the United Nations to support ongoing
electoral preparations and to build the Iraqi technical and institutional electoral
capacity.
S/2013/154
16 13-25352
83. I welcome the continuing progress towards the full normalization of relations
between Iraq and Kuwait. I continue to believe that a historic opportunity is at hand
in this regard. I call upon the Government of Iraq to fulfil all its outstanding
obligations under Chapter VII of the Charter of the United Nations without further
delay. In this connection, it is important that the Government of Iraq immediately
finalize the removal of all obstacles between boundary pillars in order to enable the
timely completion of the Iraq-Kuwait boundary maintenance project. I strongly
encourage the Governments of Iraq and Kuwait to quickly establish a bilateral
boundary maintenance mechanism to take over United Nations responsibilities
under Security Council resolution 833 (1993). With regard to the compensation of
Iraqi private citizens pursuant to Council resolution 899 (1994), I urge the
Government of Iraq to concur with the United Nations proposal to transfer the funds
for that purpose as soon as possible. I hope that the positive developments in
relations between Iraq and Kuwait will enable the timely resolution of the issue of
the return of Kuwaiti and third-country nationals and property and consideration by
the Security Council of the exit by Iraq from its obligations under Chapter VII of the
Charter.
84. The crisis in the Syrian Arab Republic continues to have a serious political,
security and humanitarian impact on Iraq. I thank the Government of Iraq for its
generosity and hospitality towards Syrian civilians seeking refuge and protection. I
call upon Member States to extend their financial commitment for an adequate
response to the crisis.
85. I continue to have serious concerns about some aspects of the administration
of justice in Iraq, including reports of abuse and mistreatment of prisoners and
detainees, failure to respect due process and shortcomings in meeting fair trial
standards. I am also concerned by the particular difficulties faced by women who
come in contact with the criminal justice system. I urge the Government of Iraq to
ensure that due process is fully respected in line with the Constitution, as well as
international human rights law obligations, while at the same time ensuring that
alleged cases of abuse and mistreatment are thoroughly investigated and that those
responsible are held to full account.
86. I welcome the ongoing expansion of programme delivery by the United
Nations country team in Iraq, including the assistance provided to the most
vulnerable population. I commend the support provided to Syrian refugees in the
north (Domiz camp) and encourage the Government of Iraq to continue to guarantee
free entry to all Syrians seeking protection. I recognize the efforts of the
Government to co-finance United Nations reconstruction and development
programmes and recommend moving forward on suitable operational modalities.
87. I condemn the attack on Camp Hurriya of 9 February and reiterate my call
upon the Government of Iraq to promptly and fully investigate the incident and
bring its perpetrators to justice. I call upon Iraq to ensure the safety and security of
all residents, in line with the memorandum of understanding of 25 December 2011. I
also urge Iraq to show flexibility in finding a constructive solution for the resolution
of the property issue in Camp New Iraq. I urge the residents and their
representatives to engage on this issue in a responsible and constructive manner
without further delay. I also implore the residents to engage positively with the
UNHCR resettlement process. The refusal of some residents to do so is a significant
impediment to the successful completion of the process.
S/2013/154
13-25352 17
88. I reiterate the strong commitment of the United Nations to facilitating a
peaceful and durable solution for the residents of Camp Hurriya and Camp New
Iraq, I would like to express my gratitude to those Member States that have offered
resettlement opportunities to residents, and I appeal for others to follow suit. The
only sustainable solution to this issue depends on the willingness of Member States
to offer such opportunities to the former residents of Camp New Iraq. I also appeal
to Member States to provide additional financial contributions to sustain the efforts
of the United Nations in Camp Hurriya.
89. I am deeply concerned about the unwarranted focus on my Special
Representative by those who express support for the residents of Camp Hurriya and
the remaining residents of Camp New Iraq. I would urge them to cease spreading
insults and falsehoods about the Special Representative and instead help to promote
a durable solution. This could include urging residents to accept offers of relocation
in third countries and encouraging Member States to accept more residents from
Camp Hurriya. Similarly, the significant funds evidently spent on high-profile
lobbying could be more usefully utilized to improve aspects of the humanitarian
conditions often cited in media and lobbying campaigns. I unequivocally support the
efforts of my Special Representative in courageously and creatively doing his
utmost to resolve the situation in exceptionally difficult circumstances. I urge other
parties to play a constructive role in contributing to his untiring efforts.
90. UNAMI and the United Nations country team continue to be adversely
affected in their ability to undertake mandated activities by the continuing absence
of a status-of-mission agreement. I wish once again to appeal to the Government to
take the steps necessary to ensure that the status-of-mission agreement can be
brought into force without further delay.
91. Finally, I wish to thank my Special Representative, Martin Kobler, as well as
all United Nations staff serving in Iraq for their hard work and dedicated
commitment to support the people and the Government of Iraq.



This is the complete thread - Mods, please delete the others..IDK why, but the system multi-posted. Thanks.

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Personally, I think if anyone feels this information is important to them, they'll read it. If they don't care enough to..they won't. I agree with dinarbeliever, overall, it's very good considering most of these issues addressed in the report are internal problems, not effecting possible Ch 7 release.  I posted this also (not just because of Ch 7 release potential), because it's a very good historical recording of the major events in Iraq since the invasion.  

 

quotes from this piece:

 

"I also

assured the Government of Iraq of the support of the United Nations for its
fulfilment of obligations under Chapter VII of the Charter in relation to Kuwait."

 

"83. I welcome the continuing progress towards the full normalization of relations

between Iraq and Kuwait. I continue to believe that a historic opportunity is at hand
in this regard. I call upon the Government of Iraq to fulfil all its outstanding
obligations under Chapter VII of the Charter of the United Nations without further
delay."

 

 

 

 

Remaining issues - note: we've read border issues have been completed:

 

"I call upon the Government of Iraq to fulfil all its outstanding

obligations under Chapter VII of the Charter of the United Nations without further
delay. In this connection, it is important that the Government of Iraq immediately
finalize the removal of all obstacles between boundary pillars in order to enable the
timely completion of the Iraq-Kuwait boundary maintenance project. I strongly
encourage the Governments of Iraq and Kuwait to quickly establish a bilateral
boundary maintenance mechanism to take over United Nations responsibilities
under Security Council resolution 833 (1993). With regard to the compensation of
Iraqi private citizens pursuant to Council resolution 899 (1994), I urge the
Government of Iraq to concur with the United Nations proposal to transfer the funds
for that purpose as soon as possible. I hope that the positive developments in
relations between Iraq and Kuwait will enable the timely resolution of the issue of
the return of Kuwaiti and third-country nationals and property and consideration by
the Security Council of the exit by Iraq from its obligations under Chapter VII of the
Charter."

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