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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cause. 733 More than one Convention ground may also be applicable. 734 This will be the case<br />
for many Iraqis seeking international protection. Even in instances of common criminal<br />
activity, victims are often targeted, at least in part, because of one or more of the 1951<br />
Convention grounds.<br />
a) Race, Religion, Nationality and Political Opinion<br />
Given the nature of the armed conflict and the overall security and political situation in<br />
Iraq, the Convention grounds “religion” and (imputed) “political opinion” are particularly<br />
relevant. They are also often interlinked. The main religious divide between the Sunnis and<br />
Shi’ites has pitted extremists of the two groups against each other along religious lines,<br />
impacting virtually all members of these groups. At the same time, given that the<br />
insurgency is Sunni driven while the present Government is predominantly Shi’ites, there<br />
are also clear political overtones to the violence between the two groups. As explained in<br />
these Guidelines, political polarization along religious lines goes back in time to the<br />
policies of past regimes, and is exacerbated by the post-2003 emphasis on religious and<br />
ethnic identities. 735 Thus, in many cases, while an individual’s religious affiliation is<br />
a factor in making that person a target for persecutory measures, political opinion is also<br />
imputed into the religious affiliation and the individual targeted for that reason as well.<br />
Non-Muslim minority groups are also particularly affected. Groups such as Christians,<br />
Sabaean-Mandaeans, Kaka’i, Yazidis, and Baha’is, which are targeted by Islamic extremist<br />
elements for being un-Islamic, including as “infidels”, are also perceived as supporters of<br />
the US-led invasion, the MNF and/or the current Iraqi administration and are therefore<br />
additionally targetted by Sunni insurgents. In regard to religious persecution, as indicated in<br />
these Guidelines, the Baha’is, in particular, face severe discrimination given that the law<br />
which prohibits Baha’i as a religion continues to exist.<br />
The Convention grounds “race” or “nationality” may also be relevant in cases where<br />
persecution is linked to an individual’s ethnicity, real or perceived, as for example in the<br />
case of Shabak or Yazidis who are considered to be Kurdish, Arabs, Turkmen or Roma. In<br />
many cases, there will be an overlap with the Convention grounds “religion” and/or<br />
“political opinion”.<br />
Persecutory acts in Iraq can thus be clearly linked to political and sectarian reasons,<br />
satisfying the causal nexus requirement. As described in these Guidelines, kidnappings,<br />
torture, suicide bombings, killings and other crimes are methods used by groups involved in<br />
armed conflict. There are also indications that Sunnis and Shi’ites are using violence to<br />
733 UNHCR, Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context<br />
of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees,<br />
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.<br />
734 See UNHCR, Interpreting Article 1 of the 1951 Convention relating to the Status of Refugees, April 2001,<br />
available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=<br />
3b20a3914.<br />
735 See “<br />
PARTICULAR GROUPS AT RISK”.<br />
137