Iraq’s human rights record assessed during its fourth Universal Periodic Review

On January 27, 2025, Iraq’s human rights record was examined before the UN Human Rights Council (HRC) during the country’s fourth Universal Periodic Review (UPR). The UPR is a peer-review mechanism by which UN Member States make recommendations to the country under review on how to improve its human rights record in light of its international obligations. Iraq received 263 recommendations from 93 states on various issues, including, among others, its human rights framework, the right to freedom of expression, and the death penalty.

Ahead of the review, MENA Rights Group submitted two shadow reports containing key concerns and recommendations, a general report on the state of civil and political rights and another focusing on the escalating crackdown on civic space, which were circulated among reviewing states. Prior to Iraq’s UPR, MENA Rights Group also presented the reports’ findings during a pre-session held by the Geneva-based organisation UPR-Info.

Iraq is required to notify the HRC of the recommendations it wishes to accept and those it rejects before the upcoming 59th session of the HRC in June-July 2025.

Human rights framework

In October 2024, the Iraqi High Commission for Human Rights (IHCHR) lost its A status after undergoing a special review by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI). The SCA concluded a lack of compliance with the Paris Principles, including a lack of independence and effectiveness.

In this regard, several states made recommendations to Iraq to ensure the IHCHR complies fully with the Paris Principles. The Republic of Korea specifically recommended that Iraq “expedite the appointment of the board of human rights commissioners to ensure the implementation of its human rights protection mandate”.

As during Iraq’s third UPR, several recommendations were made to the authorities on ratifying all outstanding human rights treaties, including the Rome Statute of the International Criminal Court (ICC), the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), and the Second Optional Protocol to the International Covenant on Civil and Political Rights concerning the death penalty (OP II ICCPR).

Freedom of expression and peaceful assembly

In its national report, Iraq stated that developments were made regarding freedom of expression, with the Kurdistan Region of Iraq (KR-I), specifically employing a plan of action for 2021-2025 to promote human rights and fight corruption and torture.

In practice, MENA Rights Group found that repression of freedom of speech and assembly in both Federal Iraq and the KR-I remain high. Despite Iraq accepting most recommendations on freedom of expression and peaceful assembly after its 2019 UPR, authorities used violence to crackdown on the peaceful protests of October 2019 in Iraq, and of August 2020 in the KR-I. Protestors were forcibly arrested, arbitrarily detained and in some cases, summarily executed.

Many states recommended that the right to freedom of peaceful assembly is upheld. For example, the United Kingdom and the Dominican Republic recommended acts of violence against protestors be investigated.

Since its last UPR, Iraq has increased its restrictions on media outlets. For example, the Communications and Media Commission (CMC), a regulatory body for broadcasting and telecommunications and linked to the parliament, has been criticised as being effectively politicised and used as a tool to control media outlets. In the KR-I, journalists and media workers have been harassed and arrested for criticising the authorities.

In light of these developments, dozens of states recommended that Iraq respect the right to freedom of expression. The Dominican Republic, for example, recommended that penalties on journalists not include prison sentences, and detained journalists be released.

Civic space and human rights defenders

Even though Iraq supported recommendations to protect human rights defenders (HRDs) after its last UPR session, including guaranteeing their freedom of speech and investigating their disappearances, HRDs still face significant repression in the country. In Federal Iraq, HRDs speaking out about the arrests, enforced disappearances and killings perpetrated during the October 2019 demonstrations have been increasingly targeted. In the KR-I, authorities have used vaguely-worded laws such as the 2003 national security law to crackdown on HRDs. For instance, between August 2020 and July 2021, around 76 journalists, activists and teachers from the Badinan region were arrested by security forces and detained in the K-RI.

With regards to these concerning developments, Norway, Finland and Spain recommended that Iraq allow HRDs to work without fear, especially of intimidation, persecution, or detention.

Enforced disappearances

Not much has changed since Iraq’s last UPR with regards to the practice of enforced disappearance and it remains one of the countries with the highest number of disappeared people worldwide, with between 250,000 and one million estimated missing and disappeared persons to date. Although a Draft Law on Enforced Disappearance has been in progress for several years, Iraqi legislation still fails to codify enforced disappearance as an autonomous offense, as required by international law. In practice, the investigations carried out by Iraqi authorities into the disappearances remain ineffective, and the fate and whereabouts of the disappeared remain largely unknown.

In this regard, Mexico recommended Iraq to “classify enforced disappearance as an autonomous crime, and strengthen collaboration with the Committee on Enforced Disappearances”, while Croatia suggested Iraq set up a public, nationwide register on missing people. Chile recommended that investigations should be conducted for enforced disappearances, as well as for torture and ill-treatment, in accordance with international standards.

The death penalty

Until today, Iraq has not ratified the OP II ICCPR and the death penalty is still in force in Iraq. In recent years, secret, mass summary executions of detainees have continued to occur in Nasiriyah Central Prison, without prior notice to their lawyers or families. Many were sentenced to death based on torture-tainted confessions, following flawed terrorism trials which failed to respect international fair trial standards and due process rights. UN Special Procedures stated these executions may amount to crimes against humanity. As of 2024, an estimated 8000 are facing imminent execution in Federal Iraq. In the KR-I, as of 2023, over 440 are on death row.

27 states recommended Iraqi authorities to adopt a formal moratorium on the death penalty with a view to fully abolish it. Australia, the Dominican Republic, and Sweden recommended halting pending executions, while Costa Rica suggested that fair trials should be guaranteed.

Next steps

Iraq has until the 59th session of the Human Rights Council – which will be held from June 16 to July 11, 2025 – to provide responses to the recommendations it received during its UPR. Iraq will commit to implementing accepted recommendations ahead of the country’s 5th cycle.

We urge Iraq to accept the recommendations made by UN Member States, especially those pertaining to fundamental rights, the prohibition of enforced disappearances and torture and the abolition of the death penalty.