Statement Made By NGOs Regarding The Yazidi Survivours Law (YSL)

14 April 2924

Several NGOs have made a statement regarding the Yazidi Survivors Law. The full statement is available here.

Summary of the Statement

Experts and Non-Governmental Organizations (NGOs) have welcomed the enactment of the Yazidi Survivors Law on March 1, 2021, recognising it as a groundbreaking initiative aimed at establishing an administrative reparation program to fulfil the rights of survivors to redress. While the law represents a crucial step forward in recognising and addressing the suffering endured by survivors, recent modifications to its implementation have given rise to serious apprehensions.

Of particular concern is the introduction of a requirement mandating survivors to file criminal complaints in order to be eligible for reparation. This additional criterion contradicts the fundamental principles underlying administrative reparation programs, which are intended to provide a streamlined and accessible pathway for survivors to seek redress without the burdensome requirements often associated with judicial proceedings.

The undersigned emphasize the importance of administrative mechanisms in facilitating access to reparation, especially for survivors of sexual violence and other gross human rights violations. Such programs are specifically designed to lower evidentiary thresholds and simplify the process for survivors, recognising the challenges they face in accessing justice and redress.

Furthermore, the imposition of a requirement to file criminal complaints not only undermines the non-judicial nature of the reparation process but also contravenes established international norms and standards regarding survivors’ rights to an effective remedy.

Drawing upon international best practices, the statement advocates for evidentiary standards that take into account the unique circumstances of survivors, particularly those subjected to conflict-related sexual violence. It underscores the need for less burdensome evidentiary requirements and the application of presumptions of truth based on established patterns of violence and other corroborating evidence.

Moreover, the statement highlights the significant obstacles that deter survivors from reporting crimes, including trauma and fears of stigmatization or further violence. Requiring survivors to file criminal complaints exacerbates these challenges and may deter a significant number of survivors from seeking the redress they are entitled to under the law.

In urging the Iraqi Government to reconsider the imposition of additional eligibility burdens on survivors, the signatories stress the importance of developing procedural and evidentiary rules that are survivor-centered and ensure access to adequate, effective, and prompt reparation.

In addition to advocating for procedural fairness, the statement underscores the broader obligations of states to treat survivors with compassion, dignity, and respect. It emphasizes the need for reparation processes to be designed and implemented in consultation with survivors to avoid re-traumatization and ensure their safety and well-being.

The signatories, including prominent international organisations and individuals, collectively call upon the Iraqi Government to uphold its commitments to survivors under the Yazidi Survivors Law and to take concrete steps to ensure that reparation processes are fair, accessible, and survivor-centered .