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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A number of issues which are particularly relevant in the Iraqi context are highlighted<br />
below. However, decision makers should always refer to UNHCR’s Guidelines and<br />
Background Note on Exclusion 743 when considering the applicability of Article 1F.<br />
Exclusion considerations may be triggered in any individual case if there are elements in<br />
the applicant’s story that suggest that he or she may have been associated with criminal acts<br />
that fall within the scope of Article 1F. In the context of Iraq, exclusion considerations may<br />
be of particular relevance in the cases of Iraqis with certain backgrounds and profiles.<br />
These would include, for example:<br />
- The previous Ba’athist regime, its armed forces (in particular elite troops and<br />
paramilitary forces), the police, the security and intelligence apparatus, and the<br />
judiciary<br />
- Members of armed groups opposing the former regime<br />
- The current ISF<br />
- Militias<br />
- Insurgency groups<br />
- Criminal groups.<br />
It should be noted, however, that the fact that a person was at some point a member of the<br />
former regime or a member of an organization involved in unlawful violence does not in<br />
itself assign individual liability for excludable acts. An individualized assessment, based on<br />
all relevant facts, is required in each case.<br />
1. Acts Within the Scope of Article 1F<br />
In cases where exclusion considerations arise, it is necessary to identify and assess the acts<br />
which may bring the applicant within the scope of Article 1F. If such acts are identified, it<br />
also needs to be determined whether there is credible and reliable information linking the<br />
applicant to the acts in question. It should be recalled that Article 1F exhaustively<br />
enumerates the types of crimes which may give rise to exclusion from international refugee<br />
protection on account of the applicant’s conduct. 744<br />
In the Iraq context, acts which may bring an applicant within the scope of Article 1F<br />
occurred both before and after the fall of the regime of Saddam Hussein in 2003. There<br />
have been several periods of armed conflict, both international and non-international.<br />
Exlusion considerations may arise with regard to a variety of acts by many different actors.<br />
In addition to possible violations of international humanitarian law, association with other<br />
events in Iraq’s history might also give rise to exclusion. These events would include, for<br />
example:<br />
743 See above footnote 740.<br />
744 More detailed guidance on the kinds of conduct which fall within the scope of Article 1F of the 1951<br />
Convention can be found at paragraphs 23-49 of UNHCR’s Background Note on Exclusion, see above<br />
footnote 741.<br />
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