Country Report on Human Rights Practices for 1986
IRAQ
Iraq is governed by the Arab Ba'ath Socialist Party (ABSP) of
Iraq through a Revolutionary Command Council (RCC) which has
both executive and legislative authority under the provisional
Constitution of 1968. Saddam Hussein holds decisive power as
President of the Republic, Chairman of the Council, and
Secretary General of the Regional Command of the ABSP.
Iraq contains many disparate groups, most notably Shi ' a and
Sunni Arab Muslims, Kurds, Turcomans, and various Christian
sects, predominantly Assyrians and Chaldeans.
In 1986 the war with Iran continued into its seventh year.
Iran continues to reject Iraqi and international calls for a
cease-fire. Tight domestic controls imposed by the Iraqi
regime in the name of national security remain in effect,
including a decree which prescribes the death penalty for
anyone who damages the country's military, political, or
economic position. Wartime travel restrictions, which prevent
most Iraqis from departing the country, also remain in force.
Iranian prisoners of war (POWs) in Iraq are estimated at
approximately 12,000. Most are believed to be registered with
the International Committee of the Red Cross (ICRC), which
visits the camps.
The Government exerts a high level of control over the economy,
which is dominated by the petroleum sector. The State owns all
major industries, including petroleum and banking. However,
the small private sector is important in some industries. The
regime has been expanding the role of the private sector in
the last few years, particularly in agriculture.
The Ba'ath Party's ideological commitment to increased social,
labor, and educational opportunities for women and to the
protection of religious minorities continues to be translated
into practical action. Iraq has continued to state its
opposition to terrorism and has said that its support for the
Palestinian cause does not signify that it condones terrorism.
Political and individual rights are sharply limited in Iraq.
The news media are subject to censorship. Antiregime activity
is dealt with harshly, often by extralegal means employed by a
large and feared internal security police force and the
intelligence services.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
Execution has been an established method for dealing with
perceived political and military opponents of the Government,
particularly members of the outlawed Da'wa Party
(fundamentalist Shi ' a Muslim) and the Communist Party. In
April 1986 Iraq confirmed to Amnesty International the
execution of three persons: one, 17 years old, was a member
of the Kurdistan Democratic Party, and the other two were
members of the Kurdistan Socialist Party-Iraq. They were
charged with committing acts of sabotage. There are confirmed
reports of the execution without trial of three members of the
Iraqi Assyrian community for nationalist political activity.
Members of the political elite have also been executed as a
result of factional conflict, although no such executions are
known to have occurred since 1982.
In October 1986 the Iraqi Government announced that a high-
ranking official in the Oil Ministry and six other people had
been executed for corruption.
In 1985 and 1986, the military conducted aerial attacks on
Kurdish villages suspected of supporting Iranian military
incursions into Iraq or harboring ant i government guerrillas,
resulting in unknown numbers of casualties. From time to time
there have been reports of executions of military deserters.
In the wake of Iran's February 1986 offensive around Faw, Iran
renewed charges that Iraq used chemical weapons, allegations
denied by Iraq. The State Department has repeatedly condemned
Iraq's use of chemical weapons. Iraq is a party to the 1925
Geneva Protocol banning use, but not production, of lethal and
incapacitating chemical weapons. There are indications that
Iraq continues to stockpile lethal agents.
Iraq withdrew its support in 1983 from the Black June
Organization led by Sabri Al-Banna, or "Abu Nidal . " Iraq
officially forswears terrorism, and the Iraqis themselves in
recent years have been the victims of several terrorist acts
supported by Syria and Iran.
b. Disappearance
Iraqi emigrants have reported that some suspects, particularly
those detained by the security police for subversion, disappear
following detention. It is difficult in such cases to
ascertain whether the suspect was executed or died while
incarcerated. In March 1986, Amnesty International published
the names of 85 people who disappeared and are reported to
have been executed between January 1985 and February 1986.
Ant i government Kurds in Northern Iraq occasionally kidnap
foreign workers and businessmen. Ransom demands have included
demands for money, a halt to Western economic cooperation with
Iraq, and support for the release of prisoners in Iraq.
Victims generally have been released following negotiations
involving overseas Kurdish representatives, the victims'
employers, and Iraqi security organizations.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits torture and prescribes stiff
punishment for it, and the Government rejects charges that it
practices torture. Nevertheless, reliable reports make clear
that both physical and psychological torture are used by the
authorities, especially the security police. Given the rigid
chain of command within the Government and security services,
it is unlikely that torture could be practiced without the
authorization of senior officials.
According to former prisoners, persons detained by the security
police for political or security-related matters are frequently
tortured and mistreated. Treatment is reported to be worst
immediately following arrest and during the period of
interrogation and investigation, which can last for months.
Torture and brutal treatment are not limited to political
cases. Security-related offenses include such routine
criminal matters as currency violations.
The security forces' methods of torture, often to extract
confessions or information about the suspect and his
colleagues, reportedly include beatings with fists and rubber
truncheons, electrical shocks to the genitals and other parts
of the body, and the extraction of fingernails and toenails.
There were reports in March 1986 of ethnic-Assyrian Iraqi
soldiers being tortured and executed for desertion.
d. Arbitrary Arrest, Detention, or Exile
The Constitution and legal code guarantee the rights of
citizens and place checks on police powers in such areas as
arrest, detention, imprisonment, and search. These guarantees
are generally respected in criminal cases but have little
weight in political or national security cases. Security
police not only make arbitrary arrests but also secretly
detain suspects, whose fate sometimes has become known only
after execution. Charges have included espionage, treason,
and conspiracy against Iraq or the party and revolution, often
in collaboration with unnamed foreign foes.
In the past, Iraq expelled large numbers of Iranians and
Iraqis of supposed Iranian descent. These deportations have
ceased; however, those remaining often live under the fear of
deportation or incarceration.
Iranian military deserters and civilians who fled to Iraq
during the war have been detained and sometimes mistreated.
Most of these people reportedly came to Iraq, after long and
hazardous journeys through Kurdistan, in response to Iraqi
propaganda promising good treatment and easy access to third
countries. In response to the decrease in such Iraqi
propaganda, the numbers of new arrivals at refugee camps have
lessened. There have been frequent allegations that some have
been shot or beaten with rubber hoses and metal cables. Some
Iranian refugees reportedly have been coerced to collaborate
with Iraqi propaganda despite the danger to family members in
Iran. When, after many months, these emigres are designated
"political refugees," their treatment improves and outside
organizations gain access to them.
In recent years Amnesty International has reported the
imprisonment or detention of large numbers of Kurds. Many
have been removed to resettlement camps. Further, Amnesty
International alleged in March 1986 that Iraqi authorities
arrested approximately 300 children in the Kurdish town of
Sulaimaniya in late 1985 in retaliation for their parents'
antigovernment activities or to force their cooperation with
the central authorities.
The Da'wa Party, a violent dissident Shi ' ite Group, is still
proscribed, and its members are subject to incarceration and
execution, as are members of other parties believed to be
cooperating with Iran.
There is no indication that Iraq uses forced labor. Apart
from the expulsion of thousands of residents of Iranian
descent in 1980 and earlier, exile is not resorted to as a
means of punishment.
e. Denial of Fair Public Trial
Trials in civil, criminal, and religious courts are open.
Defendants are entitled to counsel. A lawyer is provided if a
defendant cannot afford one. Charges and evidence are
available for review. Appellate courts hear cases not under
the jurisdiction of the revolutionary courts. The
revolutionary courts, which usually hold closed trials, deal
with espionage, treason, smuggling, and drug trafficking. The
right of defense in such courts reportedly is severely
restricted.
The "special courts" constituted by the Revolutionary Command
Council for specific incidents, such as the reported conspiracy
against the regime in 1979, are also closed. These special
tribunals are apparently exempt from constitutional safeguards
of defendants' rights. The right of defense is proscribea;
defendants are held incommunicado, and confessions extracted
by torture are used against defendants. Appeals can be taken
only to the Chairman of the Revolutionary Command Council.
However, the availability of this appeal may be questioned,
since there are reports that executions take place shortly
after trial.
Political dissidence in Iraq is taken by the authorities to
encompass a wide range of activities and, in an environment
where no public acknowledgement is made of arrest or
imprisonment, it is extremely difficult to gauge the number of
political prisoners. Amnesty International received reports
of "several hundred people" being detained for political
reasons in 1984 and has continued to receive such reports
through 1986.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides protections for the inviolability of
the home, and strong cultural values reinforce these
protections. Police must obtain a search warrant before
entering the home of a criminal suspect. Warrants are not
required for the arrest of security suspects. Although most
arrests occur outside the home, there have been reports of
forced entry and arrest by the security police, particularly
of suspected members of the outlawed Da'wa Party.
In late 1985, Iraqi government forces reportedly conducted
large-scale searches of homes in at least one city in a
predominantly Kurdish area and detained a number of people.
There is no legal protection against the monitoring of
telephones, which many Iraqis believe to be a common
practice. Likewise, all mail is believed subject to review by
censors. Government security services and the Ba ' ath Party
are generally assumed to maintain pervasive networks of
informers .
Membership in the ruling Ba ' ath Party is viewed as a key to
advancement inside and outside the Government. Although the
Ba ' ath is an elitist party, recruitment can be aggressive.
Some emigrants have claimed that they joined the party to
avoid beatings or harassment or to enhance career prospects.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government views political dissent as a security threat.
and controls exercise of the freedoms of speech, press, and
assembly. The Constitution prohibits "any act aimed at
undermining the national unity of the people, provoking
racial, sectarian, and regional bigotry, or violating gains
and achievements of the country." Nonetheless, the use of
minority languages is unrestricted. Kurdish, an official
language, is used in schools and media in Kurdish areas.
The Government owns and operates the press, radio, and
television. The media do not criticize the Government and
news reporting is strongly biased. Opposition viewpoints are
not heard. Few foreign periodicals reach Iraq, and Western
newspapers are not sold. Foreign visitors' newspapers,
magazines, and cassettes can be confiscated at the airport.
To control the dissemination of political leaflets,
typewriters and photocopying machines must be registered.
b. Freedom of Peaceful Assembly and Association
Public meetings are organized only under the auspices of the
Government or Ba'ath Party. Association for nonreligious
purposes and demonstrations without government approval have
met severe repression. Professional organizations are subject
to control by the Ba'ath Party Central Vocational Bureau.
Union workers do not represent a significant part of the total
work force, which is comprised mostly of agricultural workers,
shopkeepers, and government employees. Industrial workers,
the most unionized, are only a small portion of the work force.
Workers are organized in the Federation of Trade Unions under
the control of the Ba'ath Party Central Labor Bureau. Unions
may operate only under officially approved guidelines.
Elections are held for union executive councils, which in turn
select officers from among the council membership. Nominees
are mainly party members. The right to bargain collectively
is not recognized. Workers legally have the right to strike
after providing notice to the Labor Ministry, but no strikes
have been reported since 1968. The unions initiate
grievances, but a primary union function is to indoctrinate
members with Ba'athist ideology. Union membership is a
prerequisite for employment in some sectors.
c. Freedom of Religion
Iraq is an ethnically and religiously diverse society. Many
non-Muslims, principally Jews and Christians, left Iraq under
previous regimes. Since its rise to power in 1968, the
Ba'athist Government has enforced tolerance of religious
diversity, seeking to submerge religious differences in the
promotion of secular nationalism.
A 1981 law gave the Ministry of Endowments and Religious
Affairs the authority to promulgate laws and regulations
governing places of worship, appointment of clergy, religious
literature, and participation in religious councils and
meetings. However, while the Government has assumed much
greater authority in Islamic religious affairs since 1981, the
law has not been invoked against Iraq's Christian sects.
Religious leaders operate under close government supervision.
Muslim religious leaders are considered government employees
and receive their salaries through the Government. The
Government administers the principal Muslim shrines and
mosc[ues and has increased allotments to refurbish and maintain
them in an apparent attempt to win support from the devout.
Over 500,000 Christians constitute nearly 4 percent of the
population. Their freedom of worship in churches of
established denominations is legally protected, but they are
not permitted to proselytize or to hold meetings outside
church premises. Convents and monasteries exist and some new
churches have been constructed, in some cases with government
financial support. The Jewish community is believed to have
decreased from 150,000 following World War II to about 400.
It was severely persecuted in the past, but there is no
evidence of recent persecution. The last known synagogue in
Baghdad is reportedly still functioning.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Iraqis are generally free to travel within the country and to
change their residences or workplaces. However, they are
likely to be constrained by social, cultural, and religious
traditions which define the areas occupied by the various
ethnic and religious groups. Sensitive border and other
security areas are off-limits. Civilian travel in the war zone
is restricted. Curfews are in effect where Kurdish insurgents
have been active. There are police checkpoints on highways
and outside major towns, but most Iraqis and foreigners travel
freely in nonrestricted areas. Foreign diplomats must obtain
Foreign Ministry permits for travel outside of Baghdad, which
are usually granted when requested sufficiently in advance.
All Iraqis and most foreigners who have remained in the
country for more than 2 weeks must obtain exit permission.
Travel has been even further limited since September 1986 when
severe restrictions on currency exchange were imposed. Because
of the war's drain on the economy, permission to travel abroad
is restricted to a few categories of Iraqis, including
officials, government-approved students, and persons needing
medical treatment. (While permission for medical treatment
abroad may be granted, permission to transfer hard currency
abroad to pay for it usually is not.) The Iraqi Government
seeks to limit the countries an Iraqi traveler may visit and,
should the traveler visit a nonauthorized country, a small
fine may be levied upon his return. Iraqis who have residences
abroad may depart the country provided they originally had left
before the war began. In general, a married woman must have
the permission of her husband to travel abroad. The Government
can require a prospective traveler to post a substantial bond
to assure return. According to officials of the Higher
Education Ministry, although Iraqi students abroad should get
permission before accepting foreign scholarships or grants,
they would not be punished upon return to Iraq for failure to
have done so. If students on government scholarships abroad
do not return, their families must repay the costs of the
education.
There is no specific ban on emigration nor special restrictions
for members of minority groups; however, emigration is
discouraged. Prospective emigrants have had travel permission
delayed and have been harassed. Many emigrants leave behind
substantial property because of the difficulty of exporting
assets. Currency exchange violations are considered national
security offenses, and penalties can be severe.
Alien spouses of Iraqi citizens who have resided in Iraq for
at least 3 years are required to become naturalized or leave
Iraq. Many people, including several Americans, have thus
been obliged to accept Iraqi citizenship and are therefore
subject to the present travel restrictions. In March 1984, a
resolution by the Revolutionary Command Council reduced the
residency period before naturalization to 1 year for the
spouses of Iraqis employed at government offices. The Iraqi
spouse faces penalties for noncompliance, including loss of
job, a fine of approximately $10,000, and repayment of the
costs of education.
In recent years, the Government has instituted special
programs to encourage the repatriation of qualified
professionals. Aliens of Iraqi origin can apply for a document
permitting them to enter and exit Iraq without a visa. Former
Iraqis can more easily obtain visitors' visas than other
aliens, who generally must have an official sponsor.
Other persons of Iraqi origin are permitted to return,
including many individuals who were admitted to other countries
as refugees. A number of such people, especially Assyrian
Christians, have returned on temporary visits. They are free
to come and go, within the limits of the present travel
restrictions, since they are not considered to have violated
Iraqi laws. However, those who emigrated only after the
beginning of the Iran-Iraq war, including several U.S.
permanent resident aliens, have been unable to depart Iraq
after returning.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The elitist Ba ' ath Party, dominated by the President and the
Party's Regional Command, rules Iraq. The Party reportedly
has some 1.5 million adherents, representing about 10 percent
of the population. However, only some 50,000 "active" or full
members, less than 0.33 percent of the population, participate
inf luentially in party activities. There are two other legal
political parties, both Kurdish. They and the Ba ' ath Party
constitute the Patriotic and Progressive National Front,
essentially a vehicle of support for the Government. The two
non-Ba ' ath parties carry on only limited activity. Members of
the military or security services may engage in political
activities only within the Ba ' ath Party. Association with the
party is not recpaired for appointment to senior government
positions or military ranks or election to the National
Assembly, but normally is necessary to attain political
influence. Opposition groups, including various Kurdish
groups and splinter parties, are severely repressed. The
Communist Party was removed from the National Front and
declared illegal in 1979. In 1982 the Government amnestied
Iraqi Communists both in Iraq and abroad, but the number
released is unknown.
The outlawed, Iranian-supported Da'wa (Islamic Call) Party has
been a major target of persecution. It has claimed violent
acts against the Government in Iraq and abroad, and was
implicated in the December 1983 truck bombing of the U.S.
Embassy and other U.S., French, and Kuwaiti targets in Kuwait.
General elections were last held for the 250-seat National
Assembly in 1984. The Government screened all the candidates
for consonance with Ba ' ath party ideology. Though in theory
possessing a wide range of official duties, the Assembly
exercises little real authority. Local elections were held in
the Kurdish autonomous region in August 1986.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Iraq denies charges that it violates human rights. The
Government acknowledges Amnesty International's accusations
and in a letter to Amnesty International in July 1985
confirmed approximately two-thirds of the executions Amnesty
International said took place in February and March 1985. The
Iraqi Government contends, however, that these were not
political executions but executions carried out for crimes
against national security. In the past it has offered to
investigate allegations of torture if the victims, interviewed
outside Iraq, returned. None is known to have done so.
There is no government office or official charged with
investigating human rights and coordinating with other
governments and international organizations on human rights.
The International Committee of the Red Cross (ICRC) delegation
based in Iraq has made regular visits to Iranian prisoners of
war (POWs) since 1980 and has assisted in Iraq's unilateral
repatriation of some of them. Iraq has received the ICRC
President and other delegates several times to discuss the
treatment of POWs and the protection of civilians in the
Iran-Iraq war. Reports still circulate of sporadic outbursts
of violence against POWs in the camps. Unlike in previous
years, the ICRC, in its most recent annual report published in
October 1986, no longer states that its representatives have
been denied access to some prisoners. The Iraqis apparently
on occasion retard ICRC efforts to register new POWs as a
means of pressuring Iran to permit access to and registration
of Iraqi POWs.
Since February 1984, Iraq has cooperated with the ICRC in
efforts to resettle Iranian civilian refugees in third
countries. A total of 350 such refugees had departed Iraq or
were accepted as refugees by other countries as of November
1986.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Ba'ath Party has been committed to the equality of the
sexes, and a series of laws since it came to power in 1968 has
steadily improved the status of women. Such laws have
protected women from exploitation in the workplace; granted
subsidized maternity leave; permitted women to join the
regular army. Popular Army, and police forces; and equalized
women's rights on divorce, land ownership, taxation, suffrage,
and election to the National Assembly. In the 1970 's, the
Government imposed legal penalties on families that opposed
sending their women to literacy schools, and on men who were
seen harassing women.
The percentage of female students among students in elementary
schools climbed from 37.4 percent in 1977-78 to 46.4 percent
in 1982-3. Secondary school female enrollment went from 29.2
to 34.5 percent in the same period. About 32 percent of the
students at universities and technical institutes are female.
Women represent about 47 percent of agricultural workers and
about 25 percent of the total work force. The war has
accelerated the Government's drive to elevate the status of
women, and some Iraqis believe that it has permanently broken
cultural barriers to the acceptance of women in traditional
male roles. Women have become increasingly visible as
architects, construction engineers, oil engineers, air traffic
controllers, factory and farm managers, and Air Force pilots.
Some 40,000 women reportedly were volunteers in the Popular
Army in 1982.
The General Federation of Iraqi Women (GFIW) was established
in 1969, the regime's first year in power, to promote the
Government's policies towards women. Membership in the GFIW
does not require affiliation with the Ba ' ath Party. The GFIW
organizes conferences on women's issues, establishes training
courses for women, implements programs to eradicate illiteracy,
undertakes civilian war relief activities, and administers
nurseries. It drew up a 4-year plan (1983-86) to encourage
women to work outside the home and has opened four employment
offices in Baghdad for women graduates.
The Shi 'a, who make up roughly 55 percent of the population,
historically have been economically, politically, and socially
disadvantaged. The Government has a declared policy to raise
their living standards and equalize opportunities for economic
and professional advancement. In recent years, the Government
and party have promoted Shi ' a into prominent positions, and
the economic and social status of the Shi ' a has improved
markedly. Nevertheless, the Government maintains a close
watch against Iranian attempts to exploit dissatisfaction
among Iraqi Shi 'a, who share the same branch of Islam
prevalent in Iran.
Although Christians sometimes allege discrimination in
education and jobs, adherence to their religion has not
prevented many from obtaining wealth and professional
advancement. The Deputy Prime Minister and Foreign Minister,
a Chaldean Christian, has represented Iraq at meetings of the
foreign ministers of the Organization of the Islamic
Conference. Other Christians hold important official and
private positions.
Citizens considered to be of Iranian origin bear special
identification, often precluding desirable employment or
impeding advancement. Many "Iranian" families have been in
Iraq for generations. Some say their forebears were not from
Iran but claimed Iranian nationality to evade Ottoman military
conscription.
CONDITIONS OF LABOR
Children are frequently encouraged to work as necessary to
support the family, an acceptable social practice in the
Middle East. The employment of children is forbidden in
state-run enterprises or other than small-scale family
enterprises. The urban work week is 6 days a week, 6 to 7
hours a day for government workers; on Friday all but private
vendors are closed. Wages are set by the Government for
public sector, workers (i.e., the bulk of the employed) and do
not adhere to any fixed per hour or per day rate; salaries are
generally deemed low but adequate. Wages in the small private
sector are set solely by supply and demand. Occupational
safety programs are in effect in state-run enterprises and
inspectors make irregular visits to private establishments;
enforcement varies widely.
