Joint Submission to the 4th Cycle of the Universal Periodic Review (UPR) on Justice and Reparations for ISIL Conflict Survivors in Iraq
Date: 15th July 2024
Submitted by:
- Jiyan Foundation for Human Rights
- Coalition for Just Reparations (C4JR)
Download here: https://c4jr.org/wp-content/uploads/2024/08/C4JR-UPR-Submission-Justice-and-Reparations-for-Survivors-of-ISIL-Conflict-in-Iraq.pdf
P.5 of this PDF was amended on 17th August to reflect the figures from the Speicher 1700 Organization database.
Introduction:
The Jiyan Foundation for Human Rights and the Coalition for Just Reparations (C4JR) have jointly submitted a report to the 4th Cycle of the Universal Periodic Review (UPR). The report addresses Iraq’s efforts to deliver justice and reparations to survivors of the ISIL conflict.
About the Organisations:
- Jiyan Foundation for Human Rights: Established in 2005, this non-profit organisation supports the mental, physical, and social rehabilitation of violence, torture, and trauma survivors in Iraq. They operate eleven trauma rehabilitation centers across northern Iraq, providing free psychotherapeutic treatment, medical care, and socio-legal counseling.
- Coalition for Just Reparations (C4JR): An alliance of 34 Iraqi NGOs launched in 2019, C4JR advocates for comprehensive reparations for civilian victims of ISIL’s atrocities, using both Iraqi and international human rights law to support reparation claims.
Key Issues Highlighted in the Report:
Restricted Access to Reparations:
- Survivors face barriers due to restrictive evidentiary requirements, lack of transparency, and insufficient rehabilitation measures.
- Recommendations include halting the demand for criminal complaint documentation and improving access for survivors outside Iraq.
Lack of Transparency and Appeals Process:
- The Yazidi Survivors’ Law (YSL) lacks clarity on eligibility and appeals, leading to legal uncertainty for survivors.
- Recommendations include defining eligibility criteria, issuing detailed rejection letters, and specifying appeal deadlines.
Implementation of Rehabilitation and Restitution Measures:
- Current rehabilitation efforts are uncoordinated and insufficient. Survivors need comprehensive support.
- Recommendations include establishing state-sponsored rehabilitation services and targeted educational reintegration programs.
Compensation for Speicher Massacre Victim Families:
- Families face lengthy and unclear bureaucratic processes.
- Recommendations include awareness sessions and streamlining application procedures.
Accountability for ISIL Crimes:
- Lack of a domestic legal framework hinders prosecution of genocide, crimes against humanity, and war crimes.
- Recommendations include codifying international crimes and establishing a survivor-centered accountability mechanism.
Collaboration Between Federal and Regional Authorities:
- Improved cooperation between the Iraqi government and the Kurdistan Regional Government is necessary for effective YSL implementation.
Key Recommendations:
Remove Barriers to Access Reparations:
- Stop requiring survivors to submit criminal investigation documents with their YSL applications.
- Enhance efforts to overcome barriers for survivors outside Iraq, including facilitating video conferencing for testimonies.
Improve Transparency and Appeals Process:
- Clarify eligibility criteria, including defining “girl” and resolving eligibility challenges for survivors of CRSV in detention.
- Issue detailed rejection letters with reasons for denial and specified appeal deadlines.
Enhance Rehabilitation and Restitution Measures:
- Establish a state-sponsored system for holistic rehabilitation services, including psychological, medical, social, educational, vocational, and legal support.
- Develop a specialised education reintegration program for ISIL survivors.
- Allow dual compensation for YSL beneficiaries to receive monthly compensation along with public employment, and consider lifting the hiring freeze for survivors.
Streamline Compensation for Speicher Massacre Victim Families:
- Conduct awareness sessions on legal entitlements and streamline the application process for compensation under Speicher and Memorialisation Laws.
Ensure Accountability for ISIL Crimes:
- Incorporate genocide, crimes against humanity, and war crimes into national law.
- Establish a survivor-friendly accountability mechanism that aligns with international human rights standards.
- Set clear conditions for the handling and sharing of evidence collected by UNITAD.
- Continue sharing evidence with third states and international bodies to ensure accountability for ISIL crimes.
Improve Collaboration Between Federal and Regional Authorities:
- Enhance cooperation between the Government of Iraq and Kurdistan Regional Government to facilitate YSL implementation.
- Establish a GDSA sub-office in Dohuk and improve collaboration on court documents and DNA sample sharing.
- Support durable solutions for internally displaced persons from Sinjar.
Additional Recommendations:
- Conduct regular outreach and mandatory training on trauma-informed engagement with survivors.
- Designate August 3 as a public holiday and national day of commemoration for the crimes committed against Yazidis and other communities.
- Hire staff from conflict-affected communities for the implementation of the YSL.
Contact:
- Dr. Bojan Gavrilovic, Head of Program for Rights and Justice at the Jiyan Foundation for Human Rights and C4JR Secretariat.
- Email: [email protected]
For more detailed information, visit the Jiyan Foundation for Human Rights and the Coalition for Just Reparations websites.
