Iraq

Convention on the Elimination of All Forms of Discrimination against Women

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The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) - currently ratified by 187 countries - is the only human rights treaty that deals specifically with rural women (Art. 14). Adopted in 1979 by the United Nations Generally Assembly, entered into force in 1981. The Convention defines discrimination against women as follows:

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Enero 1979

Law No. 2 of 1983 on pasture.

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This Law aims to manage and develop the pasture by identifying the areas of rough grazing, planning the grazing according to scientific bases, protecting the natural vegetation, conserving water resources and organizing their use, and conducting studies and researches for the protection of rough grazing. The provisions of this Law concern the state-owned properties allocated for pasture and exclude cultivated lands and other particular cases.

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Enero 1983

Iraqi Company for Contracts for Land Reclamation (Law No. 116 of 1981).

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There shall be established the Iraqi Company for Contracts of Land Reclamation under the Council of Ministers. The Company shall execute projects on land reclamation and operate as a contractor in this field. The Company shall have legal personality, financial and administrative independence and full legal competence to carry out its functions inside or outside Iraq (art. 1). Properties of the Company shall be considered "State domains" (art. 7). It seems that the Company may sell or lease reclaimed lands (please see art. 2, comma 1).

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Noviembre 1981

Resolution No. 150 of 12 October 1997 concerning the sale of plots of land for housing owned by the State to farmers.

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Land owned by the State which is not burdened with "disposal rights" and which is classified according to master plans of villages nominated for rural development, shall be sold to the farmers excluding the application of provisions of the Law on the sale and Lease of State Properties (No. 32 of 1986). Agricultural contracts shall be revoked and rights on land extinguished. The rate (bedal) shall be fixed by a committee consisting of government officials.

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Octubre 1997

Resolution relative to corporeal compensation for appropriated real estates and amortization of the right of disposal of vacant agricultural reform lands (No. 90 of 1996).

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This Regulation provides for compensations in kind, i.e. other land, for the alienation of agricultural land. It provides criteria for the calculation of compensation and prohibits compensation for the certain types of land. If the owner of the land does not wish a compensation in kind or compensation in kind results difficult, then the Committee established by Resolution No. 222 of 1977 may fix a compensation in cash. (8 sections)

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Agosto 1996

Resolution to prevent alienation of estate property of Iraqi citizens who left Iraq (No. 21 of 1996).

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Transfer of real estate which is owned by Iraqi citizens who departed from Iraq shall be prevented in all cases. Private or general bail shall not be accepted for the transformation of property covered by the present Resolution. (4 sections)

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Febrero 1996

Resolution concerning the alienation of real property within the boundaries of the Master Plan of Baghdad (No. 157 of 1994).

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Transfer of real estate within the boundaries of the Master Plan for Baghdad or the boundaries of the main master plans of Aqdiyas and Nahiyas attached to the Baghdad Governate of a certain type shall not be registered unless the person to whom the property is transferred was recorded in the 1957 census or any previous census in one of the regions mentioned or regions attached to the Baghdad Governate before the creation of the Sallah Al-din Governate. This rule shall not apply to transfer of property because of death. (3 sections)

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Septiembre 1994

Resolution No. 176 of 1993 promulgating Law No. 18 of 1993 relative to the Body of Administration and Investment of AWQAF Properties.

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There shall be established a body with legal personality and financial and administrative independence connected with the Ministry of Awqaf and Religious affairs. The Body shall, inter alia, administer and develop real property received in endowment and act as endowment council for all matters in relation to administration of and investment in such properties. The body shall be managed by a council consisting of the Minister, several experts, three lawyers and government officials.

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Noviembre 1993

Resolution concerning agricultural land. Unofficial title ( No. 211 of 1991).

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The agricultural lands owned by the State, burdened with the right of "disposal" of persons who personally or through others cultivated it, according to the "agricultural density" decided for them, shall be considered as owned by the state without compensation and shall be registered in the name of the Ministry of Finance as a pure property and the Ministry of Agriculture shall dispose of such lands in accordance with Laws and Resolutions in force (comma A of par. 1).

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Junio 1991