Humanitarian concerns

THE High Commissioner for Human Rights has taken up the challenge of humanitarian concerns in the Iraq conflict: "My paramount concerns are for the safety and protection of civilians, the provision of adequate resources to the civilian population, and guaranteed access and security for humanitarian workers." These concerns must be seen in the context of both immediate humanitarian relief and longer term post-conflict measures.

Humanitarian crisis

After the 1991 Gulf War and twelve years of sanctions the Iraqi civilian population is highly vulnerable to any impact on food supplies and basic government services. The collapse of the Iraqi economy has left widespread unemployment and has diminished the capacity of families to meet basic needs without government support.  For example, the UN and the Center for Economic, Social and Cultural Rights (CESCR) report that about 60 percent of the population - about 16 million people - are fully dependent on the central government to provide a monthly food ration. The World Food Programme predict that 10 million people will need access to food immediately and the UN Office for the Coordination of Humanitarian Affairs (OCHA) estimate that 39 percent of the population will have no clean water.

Almost half of the population are children under the age of 14 and their welfare is of particular concern. UNICEF reports that approximately 500,000 Iraqi children are malnourished or underweight making them vulnerable to disease. The death rate of children under five years of age is 2.3 times greater than it was in 1990. Health facilities have fallen into disrepair and basic medicines are not readily available. The 'Integrated Humanitarian Contingency Plan for Iraq and Neighbouring Countries', produced by OCHA on 7 January 2003, estimates that 1.26 million children under five will be at risk of death from malnutrition. 

The leaked 'confidential' UN draft contingency plan dated 10 December 2002 which examines 'Likely Humanitarian Scenarios' in the event of war in Iraq, reports that a breakdown in communications and logistics will leave civilians without access to regular supplies of food. 

The armed conflict has already reached centres of high population density and high intensity bombing is likely to affect key aspects of infrastructure, in particular in Baghdad. Iraq has a modern urban infrastructure, and there are serious public health concerns if water purification, sanitation, and food distribution systems are affected by power cuts and transport interruption for more than a few days. 

The coalition forces are currently moving through the Southern territory of Iraq.  The UN draft report indicates that 7.4 million people are accessible in Southern Iraq, 1.23 million of which are most vulnerable; these figures include, children under 5 and pregnant women, but do not include the elderly and the chronically ill who are also among the most vulnerable. The coalition forces must ensure that the relevant international agencies have full and immediate support, in particular, with regard to the provision of sufficient resources and safe corridors for the delivery of aid relief to the accessible population. 

As the conflict escalates, the draft UN report indicates that "the collapse of essential services in Iraq could lead to a humanitarian emergency of proportions well beyond the capacity of UN agencies and other aid organizations." The document estimates that "as many as 500,000 could require treatment to a greater or lesser degree as a result of direct or indirect injuries".  Other international agencies estimate that 5 million will lack access to adequate health care.

UNHCR predicts that up to 2 million Iraqis could be left homeless by war. Up to 1.45 million refugees and asylum-seekers may seek to flee Iraq, many to neighbouring countries such as Iran, Syria, Jordan, and Turkey. 900,000 people may be displaced within Iraq itself, and half of these may seek sanctuary in the Kurdish self-rule enclave of northern Iraq.  Prior to the conflict there were an estimated 900,000-1,100,000 IDPs in Iraq. 

In short, if the conflict lasts more than a few days the immediate humanitarian needs of the Iraqi people will become critical.  In January 2003 OCHA report that "all UN agencies have been facing severe funding constraints that are preventing them from reaching even minimum levels of preparedness."  Given the immediate need of Iraqi civilians, the UN and the coalition forces must urgently fulfill their financial and humanitarian responsibilities.

Post conflict Iraq

At the same time, it is also essential for the international community and the relevant international organizations to anticipate post-conflict measures, even if the length and the outcome of the conflict is uncertain.  These efforts will be most beneficial to the Iraqi people if coordinated as closely as possible.

The US President is on record as saying: "As our coalition takes away their power, we will deliver the food and medicine you need." However, the commitment of the US and the international community must go considerably beyond the supply of food and medicine.

In the event that the US military finds itself in temporary de facto or de jure military occupation in Iraq, it may need to take on a 'civilian' role in respect of the administration of justice.  In such circumstances, the minimum standards under international human rights and international human rights law must be applied.  The ICRC and the UN - through OHCHR or the Special Rapporteur on Iraq - should be called upon to closely monitor the administration of justice.

Long-term measures must, however, be given considerable emphasis.  The issues are complex and only a few of the key human rights issues can be summarised here. The coalition parties have made it clear that one of the reasons for wanting regime change in Iraq is to alleviate systematic human rights violations. 

However, human rights protection goes beyond removing a regime.  In the words of Bill Rammell, Minister of the UK Foreign and Commonwealth Office, to the 59th Commission: "When we entrench human rights, we entrench democracy and the rule of law.  This is not only right in itself.  It is also essential for sustainable development…". 

There must, therefore, be long term and very substantial investment - in terms of money, time and planning - in the institutions necessary to ensure, respect and promote human rights; such as, the police, the judicial system, prisons, and other governmental administration.

Both sanctions and a repressive regime have denied basic economic, social and cultural rights to Iraqi civilians.  CESCR in their report 'The Human Costs of War in Iraq' (January, 2003) state: "Iraqis have been extremely isolated from the outside world for 12 years; the mental, physical, and educational development of an entire generation has been affected adversely by the extraordinary trauma of war and sanctions." The realization of such rights must therefore be a long-term priority.

The required assistance and support should be channeled through the UN, otherwise it will not be seen as neutral, and will risk excluding and alienating the people of Iraq. The UN should play a key role in reconstructing the state, assisted by an appropriate local partner. However, as the Minority Group International Report 'Building Democracy in Iraq' of January 2003 outlines, international assistance should respect Iraqi ownership of the process of re-building institutions and aim at "an enabling environment where the Iraqis can build their own democratic state". 

It is also important that the promotion and protection of human rights is expressly placed at the centre of any UN mandate. DPKO involvement may require a Chapter VII mandate.  If so, it is to be hoped that the Security Council members will put aside political differences to act in the best interests of the Iraqi people.

If the stated aim of the conflict is to be realised - removing an undemocratic dictator and bringing democracy to Iraq - this will take a generation of commitment and investment from the international community.

Members of the Commission must show "good faith" in providing the necessary assistance to the Iraqi people to ensure that human rights principles are embedded in a democratic society. This commitment must be over a period of years, and not just the weeks or months the media spotlight is still focused on Iraq.