UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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