On its ability to protect and promote human rights, and to demonstrate its independence in fulfilling its mandate, the IHCHR responded that it continues to monitor places of deprivation of liberty, receive complaints and conduct investigations. The IHCHR reported that it has conducted workshops and seminars on various human rights topics. The IHCHR reports that since 2021, it continues to receive complaints and appeals.

The SCA acknowledges the response of the IHCHR that it has prepared several reports, including its annual reports of 2021, 2022, and 2023, which it has presented to the Minister of Justice for onward submission to the Council of Representatives for approval. These reports have not been published due to the absence of a Board of Commissioners and were not provided to the SCA. Articles 4-8 of the Law provide that the IHCHR shall submit an annual report to the Parliament, which should include a general assessment of the human rights situation in Iraq, and that it should be disseminated through various media. The Law further states that the Board of Commissioners, yet to be appointed, shall submit an annual report to the Parliament.

 The SCA is of the view that the inability of the IHCHR to independently and publicly issue its annual, special and thematic reports, including parallel reports to the United Nations human rights system, due to the administrative arrangements with the Minister of Justice’s oversight, impedes the IHCHR ability to comply with the Paris Principles.

 The SCA recommends that the IHCHR advocate for the urgent completion of the appointment of its Board of Commissioners to allow it to independently and public issue annual, special and thematic reports, without the involvement of government. The SCA further recommends that the IHCHR ensure that its positions on these issues are made publicly available, as this will contribute to strengthening the credibility and accessibility of the institution for all people in Iraq, including the publication of its annual and thematic reports.

The SCA refers to Paris Principles A.1, A.2, A.3, and its General Observations 1.2 on ‘Human rights mandate’, and 1.11 on ‘Annual reports of NHRIs’.