An international organization calls on Iraq to facilitate the implementation of the Yazidi Survivors

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[size=52]An international organization calls on Iraq to facilitate the implementation of the Yazidi Survivors Law[/size]

[size=45]Translated by: Hamed Ahmed[/size]
[size=45]Human Rights Watch stated in a joint statement signed by 12 other international organizations that the Iraqi government's recent decision to require those covered by the Yazidi Survivors Law to file a lawsuit as a condition for obtaining compensation is a confusing and wrong development that does not take into account the best interest of the survivors.[/size]
[size=45]They stress the necessity of adopting another method that relies on boycotting the information of the survivors with the evidence and database that the authorities have collected from official bodies, government reports, and reports of international organizations.[/size]
[size=45]And the joint statement, translated by (Al-Mada), stated that experts and non-governmental organizations welcomed the adoption by the Iraqi government on March 1, 2021 of the Yazidi Women Survivors Law by establishing an administrative compensation program aimed at activating the right to compensation for the survivors, and while the law is considered a major turning point in many aspects, there are concerns Serious about imposing an additional new requirement for survivors covered by the law to file a lawsuit in order to obtain compensation.[/size]
[size=45](Human Rights Watch) says that several survivors have expressed confusion and a sense of stigma while filing lawsuits over the jurisdiction of the judiciary. Stressing that asking for a description of the harm that the survivor was subjected to in court will expose the survivors to the risk of recurrence of their psychological trauma, as well as not respecting their decision whether or not they want to bring their private cases to the court.[/size]
[size=45]In 2014, the Yazidis were subjected to deadly attacks by the militants of the terrorist organization ISIS, which included kidnappings, sexual slavery and rape.[/size]
[size=45]Thousands of Yazidis are still in a state of displacement, and more than 2,700 people are still missing.[/size]
[size=45]The law allows Yazidi survivors to apply for compensation in the form of a monthly salary, and includes provisions for other forms of compensation such as obtaining a piece of land, continuing education, obtaining a job opportunity, as well as assistance in searching for those who are still missing.[/size]
[size=45]The international organizations that signed the joint statement stated that they wanted to express their emphasis on the importance of administrative compensation programs as a vital method that enables survivors of crimes to obtain compensation in accordance with international law and other human rights laws, especially for survivors of sexual violence.[/size]
[size=45]The organizations indicated that these programs are designed to facilitate legal procedures for survivors at the evidentiary threshold.[/size]
[size=45]The organizations reported that it would be inconsistent with the non-judicial nature of the process of requiring survivors to file a criminal lawsuit to be eligible for compensation. The statement stated that this would contradict international custom and the right to an effective procedure in accordance with international human rights law.[/size]
[size=45]The statement noted that the method of providing non-judicial evidence is in line with the Yazidi Survivors Law in accordance with the local law, which allows various methods for survivors to use in presenting evidence in compensation requests for approval, and includes the use of records, government data, and information from civil society organizations, as is the case in sentencing procedures. criminal.[/size]
[size=45]In their statement, international organizations mention that there are significant obstacles that prevent survivors from disclosing their cases, which include psychological trauma, fear of being disapproved and stigmatized, and what constitutes additional violence against them, noting that asking survivors to file a lawsuit is unjustified and a burden. They are inconsistent with international norms, and this procedure would prevent a large number of survivors from continuing to proceed with their requests.[/size]
[size=45]International provisions relating to survivors are clear in this regard, as they stipulate that any person is considered a victim regardless of the identity of the perpetrator of violence, whether he is arrested, prosecuted, or convicted, and regardless of the family relationship that was between the perpetrator and the victim.[/size]
[size=45]The organizations indicate that the survivors have the right to access the truth, effective treatment, and obtain compensation, and affirm that they continue to call for fair trials to meet the aspect of achieving justice for the survivors, compensating them, and imposing penalties against those involved in committing crimes against humanity in accordance with international law to which the Yazidis and other religious minorities were subjected at the hands of ISIS. ISIS terrorist.[/size]
[size=45]And the international organizations mention in their joint statement that they call on the Iraqi government to abolish the requirement to file a lawsuit to obtain compensation and to introduce evidence-based procedural provisions in line with international norms that take into account the reality and needs of the survivors and to ensure that they receive full, effective and rewarding compensation.[/size]
[size=45]“The Yazidi survivors should not be asked to file a lawsuit to obtain the compensation they deserve, especially with the abundance of evidence collected by official bodies, non-governmental organizations and the media,” said Sarah Sanbar, researcher in the Middle East and North Africa division at Human Rights Watch. The adoption of the Yazidi Survivors Law is a major turning point, and the Iraqi government must ensure its implementation in a manner that preserves the privacy and rights of the survivors.”[/size]
[size=45]For: Human Rights Watch[/size]
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