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14 Recommendation No. 1/ 12 regarding the legal legislations containing laws on provisions on all types of violence against children discusses in clause (a) violence in the domestic environment. In this domain, Iraq is currently developing a draft law for protection from domestic violence, and it is currently being considered. Clause (b) discusses violence in schools and kindergartens. In this domain, the Iraqi Constitution stipulates in Article 29, Clause (4) that "All forms of violence and abuse in the family, school and society shall be prohibited". As for care institutions, including those providing physical and mental care, Article 30 stipulates "The State guarantees to the individual health security and the basic requirements for leading a free and dignified life. The state also ensures the above a suitable income and appropriate housing". Paragraph (5) discusses the community, neighbours and rural areas; the Iraqi constitution stipulates, as mentioned above, that all forms of violence in the community are prohibited. However, in the field of corporal punishment, Article (41) stipulates: "Any action committed as a practice of an acknowledged right, like the right of the husband to discipline his wife and children, and the right of the teacher to discipline students or under aged children within what is accepted by religion, laws or customs, shall not be considered a crime". The law also does not stipulate prison for life or execution as punishment for the physical abuse for under 18 children. Clause (15) on legal provisions that highlight the importance of fighting harmful practices that include cutting/ mutilating female genitals and early marriage, we would like to state the Iraq ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of children, Child Prostitution and Child Pornography. The law is applicable to all children including non citizens. The law prohibits all forms of sexual exploitation, as Iraq ratified the convention on the rights of the child. A draft Law on human trafficking is currently being developed. Points (20) and (21) state that Iraq ratified the Convention on Transnational Organized Crime, and the two relevant protocols. Iraq has also ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Recommendation (6) on the framework for the legislations identified in (a and b): in this domain the Constitution of Iraq prohibits all forms of violence and abuse, and it ratified the UN Convention against Torture. As for point (C/D), the Juvenile Law No. 76/1983, and the amendments on chapters 4 and 5 on Juvenile Justice, state in articles state the procedures for interrogations and trials, and measures taken by the court against victims. Point (5/ a) tackles the Juvenile Law and Juvenile Rehabilitation Schools Regulations which are attached to this law to ensure the best interest of the child. Recommendation (10) tackles the identification of solutions for violence based on Gender, especially among children. We would like to clarify that Iraq ratified the two Optional Protocols to the Convention on the Rights of the Child. Projects like the Children Parliament, Law for Child Care Commission, Draft Law on Child Protection and Human Trafficking Law are currently being discussed and deliberated. As for forced marriage, the Personal Affairs Law No. 188/ 1959 has a positive role in protecting family and women. Iraq has also ratified the Convention on the Rights of the Child in accordance with Law No. 3 /1994. As for the two Optional Protocols to the Convention, Iraq submitted the instrument to succession to the UN Secretary General, and Iraq ratified them in accordance with laws No. 23/2007. Iraq joined the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on July 7, 2011 in accordance with Law No. 30/2008.

15 Iraq still maintains the reservation to Article (14) on the freedom of thought, religion and belief, as it contradicts with the Islamic religion. In answer to the general question: The Government of Iraq is currently working on approving a National Children's Strategy based on a number of policies and programs that guarantee the enforcement of the law. The Child Care Commission is advocating the approval of this strategy. The task of coordination between the various programs and policies is now being effectively implemented by the Child Care Commission through engaging all relevant institutions in this Commission. The Ministry of Human Rights, Performance Monitoring Department and Rights Protection that work to ensure the wellbeing of children are represented in the Commission. These departments monitor violations of the provisions of this agreement trough the governorate offices. The Ministry of Labour and Social Affairs and Ministry of Human Rights cooperate with NGOs and CSOs in these domains. Recommendation 1, Clause 1 and 3/ Yes Given the importance of ensuring protection for children in Iraq, especially the most vulnerable, GOI/ Ministry of Labour and Social Affairs represented by the Child Care Commission, developed a comprehensive national policy for child protection, that is based on the situation in Iraq. The scope of the policy covers the challenges that face children. The policy focuses on developing a complete set of legislations, policies and programs that target the most marginalized and deprived groups including girls (out if school girls) vulnerable to FGM, especially in the villages of Kurdistan. The policy also aims at providing protection for groups vulnerable to early marriage, child labour, street children, children with disabilities, IDP children, orphans, out of school children, children in conflict with the law, victims of armed conflicts and children vulnerable to abduction and human trafficking. Iraqi institutions and CSOs are working to address these challenges and mitigate their impact. Some Iraqi ministries are specialized in developing programs to prevent child trafficking and exploitation in pornography and prostitution; the Ministry of health develops several programs to serve this end and implement an integrated health care strategy for children, The Ministry of Education in coordination with the Ministry of health conduct periodical checkups for children in kindergartens and schools. The Ministry of Education also provides guidance to teachers, headmasters and educational supervisors on the importance of raising awareness on the issues of health, environment, human rights and children's rights and it also works on implementing the national strategic project for educational integration in 30% of schools in governorates to change traditional schools into schools that maintain children's rights and indiscrimination according to special instructions. Finally, the Ministry of Education follow up the project (Noor Al Maaref) to educate girls in Baghdad, including programs for literacy, life skills and health.

16 Recommendation 1, clause 5 and 6/ Yes: The Juvenile Law and Juvenile School System attached to this law govern the best interest of the child. The Ministry of Labour and Social Affairs works diligently, through its various institutions, to raise awareness on the best interest of the child in various situations. On another hand, the Ministry of Human Rights established a Child Department that is mandated with a monitoring role to protect these interests. Recommendation 1, clause 5 and 6/ Yes: There are numerous traditional institutions that work through the legislative, judicial and executive authorities to promote human rights along with the civil society. The most specialized of these institutions is the Ministry of Human Rights, High Commission for Human Rights which is currently under establishment, Committee on Human Rights in the CoR, HR departments in the various ministries and the National Institute for Human Rights which is associated with the Ministry of Human Rights, the latter was established as a training institute that promotes the national culture. CSOs, that have a significant experience in human rights issues, also play an important role in this field; as they have long term programs the address the issues of protection and empowerment, these organizations also play an important role in preventing the trafficking of children and their exploitation in prostitution and pornography, and prevent engaging children in armed conflicts and promoting and strengthening the rights of the child. Recommendation 1, Clause 8/ Yes: The GOI did not allocate clear and detailed funds in its budgets for children's welfare. Allocations for children were identified in the budgets of Ministries, that focus in part of its programs, on children; the Ministry of Education, Ministry of Health and the Ministry of Youth and Sports. The Ministry of Labour and Social Affairs on the other hand allocated part of its budget for children. Recommendation 1, 9/ Yes: 1. Committee on Human Rights in the CoR The Committee on Human Rights is considered to be an important actor in strengthening human rights in the Iraq society, as it is the mechanism established by the CoR to promote the integration of the perspective of human rights in monitoring and legislations. The Committee is also considered to be an important venue for interaction between the CoR and other organizations active in the field of human rights, including those that work within other ministries such as the Ministry of Human Rights, CSOs or the Higher Commission for Human Rights which is currently being established. The Committee on Human Rights shall be the most important mechanism to follow up the implementation of Iraq's obligations to fulfil the accession requirements to international

17 conventions on human rights and other relevant treaties. The committee is also responsible for following up on Iraq's reservations on conventions that were ratified and approved by the Parliament. Furthermore, the main task entrusted to the committee is to review and harmonize national legislations in accordance with international organizations for human rights and relevant obligations. 2. Human Rights Committees and Units in Ministries These committees were established in 2006 upon a recommendation made by the Ministry of Human Rights. These committees and units were mandated with helping create an environment that promotes human rights in the various ministries, and promote the culture of human rights. In some ministries, these committees were turned into units that work to advance human rights. These units have a permanent staff, and they represent technical offices that coordinate and cooperate with the Ministry of Human Rights similar to what is done in the Ministries of Interior, Defence, Justice, Education, Higher Education and Scientific Research, Labour and Social Affairs, Housing and Construction and the Ministry of Foreign Affairs. 3. The Committee on Women and Children The Committee on women, family and children was formed in accordance with the Permanent Iraqi Constitution and internal regulation of the CoR. The committee was mandated with several tasks including legislative ones, and they all pertain the main components of society which are the woman, family and child. On recommendation 1, clause 10/ Yes Law No. 53/ 2008 on establishing the Higher Commission for Human Rights as a national independent organization, and it grants it the necessary jurisdiction and authorities. The goals of the commission include: coordination with all relevant parties to develop strategies, joint mechanisms, conduct surveys and researches, present recommendations and opinions on matters related to the promotion and development of human rights including the rights of the child. The goals also include reviewing the enforced legislations and assess how they comply with the constitution, develop recommendations and present them to the CoR, submit recommendations regarding international treaties and conventions on human rights, coordinate and cooperate with independent non- governmental human rights organizations to ensure the development of human rights, develop recommendations to build capacities in the field of human rights among committees assigned to report on the status of human rights to the CoR and the UN committees, and disseminate it through the various media venues. On recommendation 12/ clause 1, we would like to state the following: The Convention on the Rights of the Child: Iraq became a State Party to the Convention on June 15, Article 44 of the Convention requires State Parties to submit periodic reports every 5 years, and Iraq submitted its last report in A ministerial committee was established to develop the State's report to the CRC Committee, and the work on the report is currently going on. Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Pornography: Iraq signed the Protocol in August 4, 2008, and it is required to submit its

18 first report in A ministerial report was formed to develop this report, and the first draft has already been completed and published on the MHR's website for feedback from the various stakeholders. Optional Protocol on Engaging Children in Armed Conflicts: Iraq signed this protocol in August 24, 2008, and it is required to submit its first report in A ministerial report was formed to develop this report, and the first draft has already been completed and published on the MHR's website for feedback from the various stakeholders. The Convention against Torture: Iraq deposited its instrument to accession in July 7, 2011 The Optional Protocol to the Convention against Torture: No procedures are required to ratify this Protocol Convention on the Elimination of all Forms of Discrimination against Women: Iraq became party to CEDAW on August 13, According to Article 18, State Parties are required to submit periodic reports every 4 years. Iraq submitted its last report in 1998, a Ministerial Committee was formed for this purpose, the first draft has already been completed and published on the MHR's website for feedback from the various stakeholders. The Optional Protocol to CEDAW: No procedures are required to ratify this Protocol The Protocol against Trafficking in Persons especially women and children: Iraq ratified the Protocol on March 17, On recommendation 12, clause 2 Iraq maintains its reservation on Article 14, and it did not withdraw its reservations yet, and it did not take any measures to do so. On recommendation 12, clause 3 Iraq is active in many human rights programs that aim to promote and protect these rights. These efforts are considered to be important tools that facilitate the execution of the national plan that aims to implement the UPR, and help in implementing the national plan to advance human rights on the long run. The national plan also intends to set up its own mechanisms to coordinate the various efforts, and ensure an accumulative impact that insures the welfare of Iraq. Among these efforts is the MHR's efforts for promoting the culture of human rights through that undertaken by the National Organization for Human Rights. These efforts also include the development of the national plan for advancing human rights, the national program for human rights education, efforts to establish the higher commission for human rights, projects that aim to promote human rights in the school curricula, reporting efforts to the CEDAW committee and the UN activities for training CSOs to enable them to become active in the field of human rights.

19 Preparations to meet Iraq's obligations under the UPR are an important part of these efforts; the national report for the UPR included a number of important messages addressed to the Iraqi people and Iraq's partners in the international community. The most important messages are: Commitment to strengthening and protection of human rights Commitment to cooperation with international community and international mechanisms Commitment to human rights' international standards Stressing the unity of the Iraqi society and the positive impact resulting from its diversity Respect of plurality and democracy Highlighting the contribution of the UN in developing the report Express the intention to complete the ratification of international conventions Adopt additional commitments to confirm Iraq's commitments to the human rights aspects in the International Compact with Iraq. Highlight the constitution and legal guarantees relevant to the protection of human rights Importance of having several institutional structures, their role and jurisdiction Acknowledge the role of civil society in national mechanisms Highlight the interest in adopting the concept of human development Highlight the interest in vulnerable and marginalized groups Highlight the interest in economic, social and cultural rights Highlight the interest in promoting civil and political rights Highlight the special attention given to transitional justice and national reconciliation Interest in fighting corruption Voluntary commitments included in the UPR Reviewing reservations Harmonizing national legislations with the international law for human rights Cooperate with all UN special measures, especially those not stemming from Human Rights conventions Ratification of the Convention of the Rights of Persons with Disability Report regularly to the conventions' committees Complete the steps to establish the Higher Commission for Human Rights Develop a national plan for human rights Approve a five year plan for human rights promotion and education On recommendation 12, clause 5: There is not much to say about international cooperation and assistance except for cooperation with UNICEF through their country office in Baghdad, and the Canadian Embassy in Baghdad. Recommendation 8: Establish facilitated and child friendly reporting services and mechanisms 1. The law does not consider reporting violence against children obligatory

20 2. There is a community police department that receives complaints and reports on acts of violence in the community, and there are special phone numbers and addresses dedicated for that purpose. Services provided by the community police department include: Recommendation 10: Provide social and psychological support to victims of violence and terrorism Find objective and practical solutions for social problems through encouraging the public to participate in changing negative and harmful behaviours Services that ensure social cohesion, especially in cases of disagreements among family members, domestic abuse, juvenile delinquency, school violence and rape crimes. Hold regular meetings between policemen and community members (citizens/ institutions and agencies/ CSOs). Those meetings are considered to be the cornerstone for identifying security and social problems, afterwards each department can look into these problems according to their jurisdiction, and try to find the necessary solutions Children who were exposed to violence do not have the legal right to consultation 1. Legal provisions on violence against children Iraq Constitution 2005: Article 29, Clause 4 (All forms of violence in the family, school and society are prohibited). Iraqi Penal Code No. 111/ 1969 and its amendments/ m(383). 1. A sentence of imprisonment for 3 years maximum, or a fine of 300 Dinars maximum shall be imposed on whoever exposes a person under 15 years of age or a person incapable of protecting him or herself because of a mental, psychological or health condition, to danger; whether he does that personally or through someone else. 2. The sentence shall be prison if the harmful act was leaving the child or incapable person alone in a deserted area, or if the act was committed by a caretaker or a person related by blood to the victim 3. If the act results unintentionally in the disability or death of the victim, the sentence assigned for the act of beating a person to death, shall be imposed on the perpetrator depending on the conditions of the crime. The same sentence shall be imposed if the harmful act the victim was exposed to, is depriving him or her intentionally from food or necessary care, while he was legally or customary entrusted to provide such care. Article A life sentence shall be imposed on whoever have sexual relations with a male without their consent. The following cases shall be major crimes: If the victim did not complete 18 years of age If the perpetrator was related by blood (up to the third degree) to the victim, or if he/ she was caretaker, guardian or used to serve the victim or any of the individuals mentioned above.

21 Article 369: 1. A sentence of imprisonment or detention for 4 years maximum shall be imposed on whoever assaults another using force, or threatens, manipulates or violates in any way the decency of another male or female, or initiates such violation. 2. If the victim did not complete 18 years of age, or if the perpetrator was one of the individuals mentioned in Article 393/ 2 above the maximum sentence shall be 12 years of imprisonment.