UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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VI. EFFECTIVE PROTECTION OF REFUGEES OF ARAB ORIGIN IN IRAQ Refugees of Sunni Arab origin, in particular Palestinians, Syrians and Iranians (Ahwazis), have come under increased pressure due to their perceived affiliation with the former regime and the ongoing Sunni-led insurgency. 847 There have been consistent allegations of Arab refugees becoming targets for false accusations in the media, arbitrary detention, extra-judicial executions and torture by militias, and evictions. The Iraqi Government is responsible for providing protection to these refugees, given that they cannot avail themselves of the protection of their home countries. Shi’ite-dominated ISF and militias have been identified as the main perpetrators of attacks against refugees. 848 Currently, the Iraqi authorities are neither willing nor able to provide effective protection, which requires the delivery of legal, physical and material protection. Also, many refugees of Arab origin do not hold valid documentation, limiting their freedom of movement, access to services and putting them at risk of detention and possibly refoulement. While “effective protection” should be linked to the seeking of viable durable solutions, the current security and political climate as well as economic conditions in Iraq do not allow for the refugees’ local integration. Palestinian refugees make up the largest refugee group in Iraq. They have been targeted since the fall of the former regime. Security incidents against Palestinian refugees have steadily risen since the 22 February 2006 Samarra bombing. However, in December 2006, there was a sharp increase of reports of threats, abductions and killings. 849 Between November 2006 and January 2007, UNHCR received reports of 37 Palestinians killed in targeted attacks. There are regular reports of bodies found with torture marks. In the case of abductions, at times ransoms have been requested. However, payment does not necessarily result in the release of the family member. There have even been reports that families have had to pay a ransom for the return of a relative’s corpse. While most reported incidents are targeted attacks, including killings and kidnappings, they include mortar attacks on Palestinian residential areas, presumably by militias, and group detentions by ISF. The Baladiyat compound, the principal Palestinian area in Baghdad, came under mortar attack twice in December 2006, causing deaths and injuries, including small children. In January 2007, two group detentions took place on the same day. There were allegations of mistreatment, and possibly torture, at the hands of the ISF from one of the groups of detainees. The rise in attacks has led to increasing numbers of Palestinians fleeing to the Iraqi-Syrian border. 850 It is believed that the vast majority of Palestinians having been able 847 See for further information: UNHCR’s Press Briefing Notes, available at http://www.unhcr.org/cgibin/texis/vtx/iraq?page=briefing, which regularly provide updates on the situation of Palestinians in particular. See also: Gabriela Wengert and Michelle Alfaro, Can Palestinian refugees in Iraq find protection?, Forced Migration Review, No. 26, September 2006, http://www.fmreview.org/FMRpdfs/FMR26/ FMR2609.pdf. 848 See also “Lack of National Protection”. 849 For a (non-comprehensive) list of reported incidents involving Palestinian refugees, see “Annex IX: Attacks on Palestinian Refugees in Iraq”. 850 As of 31 January 2007, UNHCR assisted a total of 1,087 Palestinians ex-Iraq in Syria, Jordan and the Iraq-Syrian border areas (97 refugees in the Ruweished Camp in Jordan, 356 Palestinians in the No Man’s 174
to flee Iraq have done so illegally through the use of false documents and through the assistance of smugglers. More detailed information is contained in UNHCR’s 2006 aide-mémoire on Palestinians in Iraq. 851 Land on the border between Iraq and Syria near Al-Tanf, 330 Palestinians on the Al-Walid border crossing between Iraq and Syria and 304 Palestinians in the Al-Hol Camp in Syria). 851 See: UNHCR, Aide-Mémoire: Protecting Palestinians in Iraq and Seeking Humanitarian Solutions for Those Who Fled the Country, December 2006, available in UNHCR’s Refworld at: http://www.unhcr.org/cgibin/texis/vtx/refworld/rwmain?docid=45b0fc2e2. 175
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UNHCR’s ELIGIBILITY GUIDELINES FO
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iii) Current Situation ............
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a) Overall Situation ..............
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IOM International Organization for
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EXECUTIVE SUMMARY A. Current Situat
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and gatherings, Shi’ite religious
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Government Officials and Other Pers
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Iraqi Asylum-Seekers From Central a
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considered to be well-founded. To t
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affiliated with criminal groups. In
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expand on the legal and policy guid
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The general chaos following the inv
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countries. While a good part of the
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evenues. 41 An understanding of var
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Article 140 of the Constitution cal
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the Middle East in terms of women
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epealed the CPA’s decision to sus
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The Iraqi judiciary continues to be
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Several groups, including the Mujah
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Al-Sunna. In addition, members of t
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dominated Special Police Commando u
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military commander in Iraq, General
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IV. PARTICULAR GROUPS AT RISK A. Re
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to Osama Bin Laden, the Shi’ites
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Shi’ite militias on the other han
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underscored how explosive the confl
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of the latest security crack-down i
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Ninewa Plains in particular have be
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The overall climate results in non-
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efuge in the three Northern Governo
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an international court. 261 Several
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The alleged main perpetrators of at
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In the current climate of religious
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prohibition to kill, lie, commit ad
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Mandaeans as belonging to the “Pe
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have found refuge with the Sabaean-
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distributed to homes in Baghdad gav
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Estimates of the number of Yazidis
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Yazidis are furthermore organized i
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AP reported in October 2006 that
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apostasy and a threat to public ord
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KRG. Mr. Falak Al-Deen Kakai, senio
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“those Iraqis who had lost their
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government offices, 441 and changin
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security, of transferring hundreds
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2. Roma (Kawliyah) 461 a) Introduct
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Ghraib and was known for its strong
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Sunnis willing to denounce violence
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CPA began to allow some vetted ex-B
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It has been documented that attacks
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een killed in Iraq and another 491
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Acts committed against employees or
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E. Government Officials and Other P
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3. Persons Opposing the Ruling Part
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3,250 professors had fled Iraq sinc
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There are a number of possible moti
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inside the media compound, refrain
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3. Artists Iraqi artists, actors an
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groups for not giving priority to t
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population at large and bring the c
Page 123 and 124: after their release. 660 UNAMI HRO
Page 125 and 126: International Covenant on Civil and
Page 127 and 128: evidence that over forty people had
Page 129 and 130: Both sexes have become victims of s
Page 131 and 132: V. ELIGIBILITY FOR INTERNATIONAL PR
Page 133 and 134: those countries, even only on a tem
Page 135 and 136: violence on a daily basis. Ordinary
Page 137 and 138: cause. 733 More than one Convention
Page 139 and 140: C. Exclusion From International Ref
Page 141 and 142: a) Before the Fall of the Former Re
Page 143 and 144: ) War Crimes War crimes are serious
Page 145 and 146: in mind when assessing crimes commi
Page 147 and 148: groups (pre-2003) or insurgency or
Page 149 and 150: A plausible explanation regarding t
Page 151 and 152: D. Internal Flight or Relocation Al
Page 153 and 154: Travel by Road Road travel in Iraq,
Page 155 and 156: with armed conflict between the MNF
Page 157 and 158: egulations regarding entry and resi
Page 159 and 160: It has been reported that new IDPs,
Page 161 and 162: Interior and Finance. While the Min
Page 163 and 164: and generally describe the three No
Page 165 and 166: In order to access the three Northe
Page 167 and 168: Governorate of Sulaymaniyah Persons
Page 169 and 170: v. Risk of Persecution or Other Ser
Page 171 and 172: In addition, non-Kurdish persons, p
Page 173: Conclusion Availability of an inter
Page 177 and 178: explosives blew up. Two people were
Page 179 and 180: • On 2 July 2003, an armed assaul
Page 181 and 182: • 18 September 2006: Gunmen kille
Page 183 and 184: • 17 December 2003: An angry mob
Page 185 and 186: Annex IV: Attacks on Government Off
Page 187 and 188: • 2 May 2006: A suicide car bombe
Page 189 and 190: • 5 December 2006: Dr. Mohammed H
Page 191 and 192: Annex VI: Attacks on Doctors and Ot
Page 193 and 194: • 1 July - 31 August 2006: Accord
Page 195 and 196: Annex VIII: Attacks on Athletes and
Page 197 and 198: Annex IX: Attacks on Palestinian Re
Page 199 and 200: Palestinian family fled the hospita
Page 201 and 202: Annex X: Selected Bibliography Note
Page 203 and 204: IWPR, Baghdad Gays Fear for Their L
Page 205 and 206: Senanayake, Sumedha, Iraq: Ethnic T
Page 207 and 208: W Wilson, Scott, Iraqis Killing For
Page 209: s�—�2q��
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