UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
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espected. Nonetheless, there are reports of arbitrary detention and ill-treatment by the<br />
authorities of suspected political opponents. Other reports indicate measures of forcible<br />
assimilation into Kurdish society and a trend towards increasing discrimination of the non-<br />
Kurdish population. Hence, the international protection needs of Iraqi asylum-seekers from<br />
the three Northern Governorates should be assessed individually based on the criteria of the<br />
1951 Convention. In particular, given reports of Kurdish political efforts to dominate and<br />
“kurdify” the traditionally mixed areas of the Governorates of Kirkuk, Ninewa, Salah Al-<br />
Din and Diyala, applicants of non-Kurdish origin, who claim discriminatory treatment in<br />
these areas should have their claims assessed to determine if the impact of treatment they or<br />
others experienced or fear experiencing, would constitute harm amounting to persecution.<br />
In addition, there are indications of growing political tensions and the overall situation<br />
remains tenuous and unpredictable. Assessing the international protection needs of asylumseekers<br />
from the three Northern Governorates should thus take into account a situation<br />
which may change suddenly and dramatically.<br />
Where the applicant is at risk of harm at the hands of a non-State actor, the analysis of the<br />
well-foundedness of his or her fear requires an examination of whether or not the State,<br />
including the local authority, is able and willing to provide protection. In the situation of<br />
Central and Southern Iraq, given weak government structures, and the fact that government<br />
security forces are infiltrated by radical elements from militia groups, protection from State<br />
authorities would, in almost all cases, not be available. Consequently, an asylum-seeker<br />
should not be expected to seek the protection of the authorities, and failure to do so should<br />
not be the sole reason for doubting credibility or rejecting the claim. In addition, given that<br />
these areas of Iraq are highly unstable and insecure, and travel fraught with risks, an<br />
internal flight or relocation alternative would on the whole be unavailable. In the three<br />
Northern Governorates, there are limited possibilities for an internal flight alternative and<br />
each case will need to be examined individually. Nonetheless, individuals with certain<br />
profiles are not admitted there, including those as listed in these Guidelines. 732<br />
Overall, in certain communities where some protection by tribal leaders against persecutory<br />
acts of family members has been available to individuals, particularly for women who face<br />
honour killings, such protection is no longer readily available. In many situations, pursuing<br />
traditional systems of justice leads to further violations of rights by the communities<br />
themselves rather than ensuring justice and respect for human rights. Thus an individual<br />
should not be expected to avail himself or herself of traditional justice mechanisms and<br />
failure to do so should not be the sole reason for rejecting a claim.<br />
2. Link With a 1951 Convention Ground<br />
The well-founded fear of being persecuted must be related to one or more of the<br />
Convention grounds. That is, it must be “for reasons of” race, religion, nationality,<br />
membership of a particular social group, or political opinion. The Convention ground must<br />
be a relevant contributing factor, though it need not be shown to be the sole, or dominant,<br />
732 See below “Persons Who May Not Be Able to Find Protection”.<br />
136