UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

cause. 733 More than one Convention ground may also be applicable. 734 This will be the case
for many Iraqis seeking international protection. Even in instances of common criminal
activity, victims are often targeted, at least in part, because of one or more of the 1951
Convention grounds.
a) Race, Religion, Nationality and Political Opinion
Given the nature of the armed conflict and the overall security and political situation in
Iraq, the Convention grounds “religion” and (imputed) “political opinion” are particularly
relevant. They are also often interlinked. The main religious divide between the Sunnis and
Shi’ites has pitted extremists of the two groups against each other along religious lines,
impacting virtually all members of these groups. At the same time, given that the
insurgency is Sunni driven while the present Government is predominantly Shi’ites, there
are also clear political overtones to the violence between the two groups. As explained in
these Guidelines, political polarization along religious lines goes back in time to the
policies of past regimes, and is exacerbated by the post-2003 emphasis on religious and
ethnic identities. 735 Thus, in many cases, while an individual’s religious affiliation is
a factor in making that person a target for persecutory measures, political opinion is also
imputed into the religious affiliation and the individual targeted for that reason as well.
Non-Muslim minority groups are also particularly affected. Groups such as Christians,
Sabaean-Mandaeans, Kaka’i, Yazidis, and Baha’is, which are targeted by Islamic extremist
elements for being un-Islamic, including as “infidels”, are also perceived as supporters of
the US-led invasion, the MNF and/or the current Iraqi administration and are therefore
additionally targetted by Sunni insurgents. In regard to religious persecution, as indicated in
these Guidelines, the Baha’is, in particular, face severe discrimination given that the law
which prohibits Baha’i as a religion continues to exist.
The Convention grounds “race” or “nationality” may also be relevant in cases where
persecution is linked to an individual’s ethnicity, real or perceived, as for example in the
case of Shabak or Yazidis who are considered to be Kurdish, Arabs, Turkmen or Roma. In
many cases, there will be an overlap with the Convention grounds “religion” and/or
“political opinion”.
Persecutory acts in Iraq can thus be clearly linked to political and sectarian reasons,
satisfying the causal nexus requirement. As described in these Guidelines, kidnappings,
torture, suicide bombings, killings and other crimes are methods used by groups involved in
armed conflict. There are also indications that Sunnis and Shi’ites are using violence to
733 UNHCR, Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context
of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees,
HCR/GIP/02/01, 7 May 2002, para. 20, available in UNHCR’s Refworld at: http://www.unhcr.org/cgibin/texis/vtx/refworld/rwmain?docid=3d36f1c64.
734 See UNHCR, Interpreting Article 1 of the 1951 Convention relating to the Status of Refugees, April 2001,
available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=
3b20a3914.
735 See “
PARTICULAR GROUPS AT RISK”.
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