NGO Statement on Iraq

Mr. President,

This statement is delivered on behalf of African Society of International and Comparative Law, General Arab Women Federation, International Association against Torture, International Youth and Student Movement for the United Nations and Womens International League for Peace and Freedom. It reflect concerns held by many other movements and organisations in the worldwide quest for peace and justice.

About a year ago we witnessed the largest popular mobilization ever against war and for upholding the peoples right to peace, a fundamental Human Right. Yet the war of aggression was launched against Iraq. The peoples voice did succeed to have a decisive impact on saving the United Nations from succumbing to the pressure to authorize and legitimise the aggression. Given the lies and falsifications that were used to to justify the war we should all be greatful to the wisdom of ordinary men and women around the world who took to the streets in support of peace.

After the occupation of Iraq, the perpetrators of the crime of aggression have used every opportunity to induce UN bodies to keep silent on principles and facts as well as to take action in support of the continued occupation.

During last years session of the Commission on Human Rights, the discussion of the humanitarian crisis in Iraq at a special sitting was prevented. At the same time the Commission adopted a mandate for the Special Rapporteur on Human Rights in Iraq, restricting him to only report on the human rights situation in Iraq prior to the occupation.

In Iraq the most fundamental civil and political and economic, social and cultural rights are gravely violated on a daily basis by the occupying powers and the chaos created by them.

We are gravely concerned over the pressure by the occupying powers to prevent any effective scrutiny and monitoring mechanisms relating to the human rights situation in occupied Iraq.

We call on the Commission to take effective action to condemn the serious violations by the occupying powers and adopt a precise mandate for the special rapporteur on Human Rights in Iraq to systematically report on the ongoing violations of human rights, including the right to self-determination.

Lately the occupying powers and their appointed governing council have adopted a so called Transitional Administrative Law with the purpose ofdeclaring an end to the occupation by June 30th and set the stage for elections at the end of the year.

But handing over power to an unelected body of collaborators would not be an act of self-determination and in no way constitute an end to the occupation according to international law.

The Transitional Administrative Law specifically envisage that the foreign occupation troups should remain in Iraq and all Iraqi armed forces be integrated under their command.

It also stipulates that all orders of the occupation authorities, many of them in violation of the Hague and Geneva conventions will remain in force under the so called sovereignty.

Finally the Transitional Administrative Law stipulates conditions for elections to a constituent assembly where only afragment of the electorate will be allowed to stand as candidates, thereby providing not for independence and reconciliation among all Iraqis but for continued conflict and civil war.

It should be recalled that in none of the electoral processes where the United Nations has been involved - in Namibia, South Africa,Mozambique, Angola, Cambodia, East Timor - have political forces and entire social classes been excluded.

The United Nations must not in any way be involved in providing legitimacy to this exercise in irregularities. It is a matter where fundamental principles of civil and political rights as enshrined in the Covenant On Civil and Political Rights are at stake. The UN Human Rights machinery must express their positions clearly in defence of the Charter and the fundamental norms of Human Rights, irrespective of the imbalances in the Security Council.

The world wide movement of peoples for peace, justice and human rights for all that demonstrated its power and influence in the mass actions for Peace last year will not be silent on the crimes of aggression, occupation and The violations taking place in Iraq.

Supported by many non-governmental organisations and movements the World Tribunal on Iraq has been established to assemble the facts and draw conclusions on that basis. No doubt the World Tribunal on Iraq will be ready to assist all relevant UN bodies in Their work relating to Iraq, for the sake of human rights and the equal rights of all peoples to be under the protection of the UN human rights machinery.