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UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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themselves infiltrated by radical elements. The void created by the absence of a strong<br />

central government is gradually being filled by militant groups operating from bases in<br />

different areas of Central and Southern Iraq. These groups, whether religious or ethnic,<br />

cannot be considered to be operating as effective authorities in the areas under their control,<br />

as they themselves are the targets of frequent attacks from individuals and groups in those<br />

areas. Absolute allegiance to the ideology of the group is a fundamental requirement, and in<br />

the general absence of the rule of law, arbitrariness and human rights violations are rife.<br />

The highly volatile and fluid political and security situation existing in Central and<br />

Southern Iraq renders the area subject to a great deal of significant unpredictability, with<br />

possibilities of new risks of persecution arising from a wide range of actors anywhere at<br />

anytime.<br />

Furthermore, in the smaller towns and cities, ongoing communalism and lack of state<br />

protection has enforced the need for individuals to stay close to their kinsmen. Any<br />

newcomer, particularly when he/she does not belong to the existing sect, tribes or families,<br />

is liable to be severely discriminated against or subjected to ill-treatment so as to amount to<br />

persecution. Even those who orginated from the area may be perceived as newcomers, if<br />

they left a long time ago and have lost all links with their tribal-based community.<br />

ii. Particular Considerations Relating to Formerly Arabized Areas 789<br />

The increasing ethnic-religious violence in the formerly arabized areas, the highly sensitive<br />

political, ethnic and economic nature of these areas and the risk of further destabilizing the<br />

situation through significant population movements need to be considered when assessing<br />

the availability of an IFA/IRA in these Governorates.<br />

It must be noted that the distribution of land and housing is disputed between the main<br />

ethnic factions. Any access to land granted to newcomers on an ad hoc basis (generally<br />

done in order to increase an ethnic population in a particular area) by authorities in certain<br />

areas is heavily contested by the other ethnic factions, and may have serious consequences<br />

for the ability of individuals to secure protection and/or durably reside there without undue<br />

hardship.<br />

iii. Accessibility<br />

Overall, travel within Central and Southern Iraq is unsafe, with both physical and legal<br />

barriers to travel to and reside in various areas.<br />

789 See also “De-Arabization” and “Kurds, Arabs, Turkmen428F, Ethnic-Based Christian Groups (Assyrians,<br />

Chaldeans, Armenians)429F, Yazidis 430F and Shabak 431F in Ethnically Mixed Areas”.<br />

152

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