COALITION PROVISIONAL AUTHORITY ORDER NUMBER 60
MINISTRY OF HUMAN RIGHTS
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),
Recognizing that the Iraqi people have long suffered from terrible abuses of their
fundamental human rights and fundamental freedoms; and that the implementation of the
rule of law and a system of protection for human rights and fundamental freedoms, as
well as the adoption of international standards of human rights and the revival of
traditional Iraqi standards of humane treatment are vital to Iraq's social and political
stability,
Furthering the purposes of the Governing Council to create a ministry responsible for
addressing past human rights atrocities and safeguarding the human rights and
fundamental freedoms of all persons within the territory of Iraq in the future,
Recalling CPA Memorandum Number 6, publishing the appointment of the Interim
Minister of Human Rights, and
Recognizing the obligations assumed by Iraq under international human rights treaties to
which it is party, including the International Covenant on Civil and Political Rights, the
Convention on the Elimination of All Forms of Racial Discrimination, the Convention on
the Elimination of All Forms of Discrimination Against Woman, and the Convention on
the Rights of the Child,
I hereby promulgate the following:
Section 1
Establishment
1) The Ministry of Human Rights (MOHR) is hereby established.
2) All acts and decisions by the interim Minister of Human Rights (hereinafter
"interim Minister") in connection with this office and within his authority,
together with all acts and decisions by the Ministry made within its authority from
its appointment by the Governing Council on September 3, 2003, are hereby
ratified. For the purposes of this ratification, the Ministry of Human Rights is
deemed to have been established on September 3, 2003.
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Section 2
Functions
1) The MOHR shall work to establish, through appropriate programs, services,
initiatives, and studies, conditions conducive to the protection of human rights and
fundamental freedoms in Iraq, and the prevention of human rights violations in
Iraq.
2) The MOHR shall make formal recommendations regarding the establishment of
new institutions, or the effective operation and reform of present institutions, as
deemed necessary to prevent human rights violations in Iraq.
3) The MOHR shall establish programs to assist all the people of Iraq and Iraqi
society in general in healing from the atrocities committed by the Ba'athist regime
to include appropriate cooperation with the Iraqi Special tribunal or other judicial
institutions. This shall include requesting and coordinating appropriate support
from the CPA, Coalition Forces and non-governmental agencies.
4) The MOHR shall develop policies and implement programs as may be necessary
to give effect to this Order.
5) The MOHR shall be the focal point in the transitional Iraqi administration for
relations with the United Nations High Commissioner for Human Rights, the
United Nations Commission on the Status of Women and other international,
national, and nongovernmental organizations promoting human rights.
6) The MOHR shall provide advice to lawmakers on whether proposed legislation is
consistent with international human rights law, including the obligations Iraq has
assumed pursuant to international human rights treaties it has ratified.
Section 3
Organization
1) The interim Minister shall organize the MOHR into such divisions and
departments as he deems necessary and appropriate. The interim Minister shall
ensure, at a minimum, that programs and policies are developed and implemented
to address the atrocities committed by the Ba'athist regime; that institutions are in
place and operating to protect the fundamental rights of all the people of Iraq,
including women and children; that these institutions receive the support required
to achieve their goals; that the Iraqi people are educated and knowledgeable on
fundamental human rights, including the standards and norms of international
human rights law; and that Iraq takes an active role in initiating a regional and
international dialogue on human rights issues.
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2) The interim Minister shall ensure, at a minimum, that the following administrative
needs of the new MOHR are accomplished: hiring and training qualified
personnel; developing a finance department; nominating an Inspector General and
a senior Ministry legal advisor; establishing at least one Ministry facility; and
creating an information and technology management office and a press relations
office.
3) The interim Minister may establish a consultative body comprised of
representatives from other Ministries to coordinate on policies and programs
relating to human rights and fundamental freedoms of all persons in Iraq and to
ensure that new legislation is adopted taking into account the obligations that Iraq
has assumed pursuant to the international human rights treaties it has ratified.
4) The interim Minister may set up such regional offices as he deems necessary and
appropriate to facilitate, implement, and coordinate the work of the MOHR at the
local level.
Section 4
Personnel and Administration
1) The MOHR may hire and employ personnel in accordance with Iraqi law, as
amended by CPA Orders and Memoranda, and subject to established budget
constraints. Such hiring shall be consistent with CPA Order Number 1 and any
authorized implementation thereof.
2) Salaries of MOHR personnel shall conform to the salary structure applicable to
Iraqi government employees.
Section 5
Property
In accordance with CPA Order No. 9, Management and Use of Iraqi Public Property
(June 8, 2003), the MOHR shall be granted the use of properties needed to
accomplish its missions.
Section 6
Budget
The MOHR shall coordinate with the Ministry of Finance regarding its budget.
CPA/ORD/19 Feb 2004/60
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Section 7
Administrative Instructions
The interim Minister, in consultation with the CPA Senior Advisor for Human
Rights, may issue administrative instructions prescribing all matters necessary for
carrying out the duties described under this Order. These instructions must not be
inconsistent with any CPA Order, Regulation or Memorandum, or any Iraqi law or
obligation assumed by Iraq under international human rights instruments to which it
is party.
Section 8
Durability and Precedence
This order will remain in force unless repealed by the Administrator or superseded by
legislation issued by an internationally recognized Iraq government. This order shall
take precedence over all other laws and publications to the extent such other laws and
publications are inconsistent.
Section 9
Entry into Force
This Order shall enter into force on the date of signature.
AND 1122104
L. Paul Bremer, Administrator
Coalition Provisional Authority
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