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UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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D. Internal Flight or Relocation Alternative<br />

A detailed analytical framework for assessing the availability of an internal flight<br />

alternative or internal relocation alternative (IFA/IRA), is contained in UNHCR’s 2003<br />

“Guidelines on International Protection: the “Internal Flight or Relocation Alternative”<br />

within the context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to<br />

the Status of Refugees”. 787<br />

As provided in the Guidelines, in order to assess the possibility of applying an IFA/IRA,<br />

two main sets of analyses should be undertaken, namely whether internal relocation is<br />

1) relevant and, if so, whether it is 2) reasonable. The determination of whether the<br />

proposed internal flight or relocation area is an appropriate alternative in the particular case<br />

requires an assessment over time, taking into account not only the circumstances that gave<br />

rise to the persecution feared, and that prompted flight from the original area, but also<br />

whether the proposed area provides a meaningful alternative in the future.<br />

In the context of Iraq, UNHCR’s analysis distinguishes between the situation in South and<br />

Central Iraq and the situation in the three Northern Governorates. The availability of an<br />

IFA/IRA in the latter area would also depend on whether the individual concerned is from<br />

Central and Southern Iraq or from within the three Governorates themselves.<br />

1. IFA/IRA in Areas of Central and Southern Iraq<br />

UNHCR considers that an internal flight or relocation alternative in Central and Southern<br />

Iraq is on the whole not available, because of the overall ability of agents of persecution to<br />

perpetrate acts of violence with impunity, the widespread violence and prevalent human<br />

rights violations giving rise to new risks of persecution, risks associated with travel, and the<br />

hardship faced in ensuring even basic survival in areas of relocation. When, however, the<br />

availability of an internal flight or relocation alternative must be assessed in a national<br />

procedure, it should be examined cautiously and in the context of the individual claim.<br />

UNHCR’s Guidelines on Internal Flight/Relocation Alternative 788 should be taken into<br />

account.<br />

a) The Relevance Analysis<br />

i. Risk of Persecution or Other Serious Harm Upon Relocation<br />

As indicated in these Guidelines, persecution could emanate from state as well as non-state<br />

agents. Within Central and Southern Iraq, both state and non-state agents of persecution<br />

could pursue their targets throughout and state agents are known to be able to operate with<br />

impunity. In regard to non-state agents of persecution, protection by national authorities<br />

would on the whole not be available given the fact that the national authorities have limited<br />

capacities to enforce law and order, and the security agencies, namely the ISF, are<br />

787<br />

UNHCR, Guidelines on International Protection No. 4: “Internal Flight or Relocation Alternative”, see<br />

above footnote 4.<br />

788<br />

Ibid.<br />

151

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