A/HRC/44/41/Add.1 essential for both intracommunal and intercommunal reconciliation. Greater trust of communities in the criminal justice system, increased knowledge of communities about the fate of perpetrators and victims, and effective reparations would contribute to building a sense of safety and justice within communities which are essential for the promotion of reconciliation, enabling the safe, dignified and sustainable return of internally displaced persons. 64. While the Government of Iraq has made significant efforts to prosecute ISIL fighters for the atrocities committed, a number of concerns have been raised. In a joint report, UNAMI and OHCHR expressed concern that basic fair trial guarantees were not being respected in these trials, and that terrorism charges were too broad, referring simply to “membership” or “association” to a terrorist group, resulting in family members of ISIL fighters, including women and children who cooked for them, being prosecuted without consideration for their specific contribution to crimes by ISIL and for the voluntary or coerced nature of their association. 21 Moreover, anti-terrorism legislation does not cover all relevant crimes, particularly international crimes and conflict-related sexual violence, leading to calls for new legislation in Iraq, 22 and for acts of sexual violence to be prosecuted as standalone crimes (S/2018/250, para. 46). With the support of the international community, including the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL, Iraq must tackle the need for justice and accountability for the crimes of ISIL, in full respect for fair trial guarantees, including double jeopardy issues, and with a focus on the human rights violations committed. 65. Lastly, the participation of internally displaced persons in decisions that affect them is paramount for stabilization, and must be inclusive of persons of all ethnic and religious groups, sexes and age groups, and persons with disabilities. Participation is essential in the design of policies aimed at meeting their assistance and protection needs, supporting returns and other forms of durable solutions, and in processes to ensure accountability for crimes committed during the conflict, and to promote national reconciliation and social cohesion. 66. The upcoming parliamentary elections, crucial for the political transition of the country, will require the genuine and full political participation of internally displaced persons and returnees. The recent inclusion of internally displaced persons in the latest elections in Iraq is an excellent development in their political enfranchisement, but that experience points to areas that require improvement in the next elections. The genuine participation of internally displaced persons and returnees in the next elections can provide an opportunity for Iraqi society to transition to peace and for the reintegration of internally displaced persons and returnees in sustainable political, economic and social life. 67. There is a general sense in Iraq that the recent demonstrations in the country have overshadowed other matters from the attention of the Government of Iraq. The human rights situation of internally displaced persons in Iraq is however not an isolated issue that can be put aside; rather, it is at the core of the challenges that the country faces, and calls for an immediate step-up in efforts for the promotion of humanitarian assistance, development and stabilization approaches, and social cohesion, justice and reconciliation. The invitation extended to the Special Rapporteur by the Government and its willingness to engage with her mandate is testament to its political will to address displacement issues. The Government’s recognition of the need for reconciliation and social cohesion is also encouraging. Efforts must, however, be scaled up further. There can be no true recovery possible for Iraq without addressing the human rights situation of internally displaced persons. The achievement of durable solutions for them will require the State to address its long-standing and deeply entrenched sectarian and ethnic tensions. 21 22 14 OHCHR and UNAMI, “Human Rights in the Administration of Justice in Iraq: Trials under the antiterrorism laws and implications for justice, accountability and social cohesion in the aftermath of ISIL”, January 2020. See for example the third report of the Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (S/2019/878), para. 96.