UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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Internal Flight or Relocation Alternatives (IFA/IRA) UNHCR considers that an internal flight or relocation alternative within Central or Southern Iraq for those fleeing violence and human rights violations is on the whole not available. The security situation throughout the region is highly volatile, with a risk of persecution or other serious harm present throughout. Travel within Central and Southern Iraq is also generally unsafe. Physical and legal barriers impede both travel to and residence in other areas. Finally, restrictions in access to food, shelter, basic services, income/employment and education are such that a relatively normal life generally cannot be pursued without undue hardship. When, however, the availability of an internal flight or relocation alternative must be assessed in a national procedure, it should be examined cautiously, taking into account the particular circumstances of the applicant. The availability of an IFA/IRA for individuals from Central and Southern Iraq in the three Northern Governorates must be carefully assessed on a case-by-case basis, taking into consideration, in particular, the relevance and reasonable analyses in these Guidelines. The Governorates are not easily accessible from Central and Southern Iraq, with travel by road highly dangerous, and many parts of the unofficial borders heavily mined and subject to security checks. Travel by air, while relatively safer, is not without risks. Entry and residency measures require certain preconditions to be met, including having a sponsor and satisfying security checks. Political and demographic reasons may affect whether a person is admitted and granted legal residence. Even for those admitted, State or family/tribal protection from persecution may not be guaranteed due to their background. Others may have problems in accessing food, education, health and employment. A non-exhaustive listing of categories of persons who may not be able to find protection upon relocation to the three Northern Governorates is provided in these Guidelines. 5 With regard to an IFA/IRA within the three Northern Governorates, it should be noted that, despite the unification of the KDP-administration in Erbil/Dahuk and the PUKadministration in Sulaymaniyah in January 2006, the two administrations still remain largely split. Thus, access to legal residence for those who relocate from one administered area to the other is highly unpredictable, and may be restricted, or, if obtained, could be withdrawn for political reasons. Basic services may also be difficult to access and protection from persecution may not be available. Each claim must thus be assessed on its individual merits. Exclusion In light of Iraq’s history of serious human rights violations and transgressions of international humanitarian law in the country’s long experience with conflicts, exclusion considerations may well arise in individual claims for refugee status. This may be particularly the case for Iraqis with certain backgrounds and profiles, including those affiliated with the previous Ba’athist regime, its armed forces, the police, the security and intelligence apparatus and the judiciary; members of armed groups that opposed the former regime; members of the current ISF; members of militias or insurgency groups; and those 5 See “Persons Who May Not Be Able to Find Protection”. 18
affiliated with criminal groups. Individual responsibility for possible crimes against peace, war crimes, crimes against humanity, serious non-political crimes, or acts contrary to the purposes and principles of the United Nations, all under Article 1F of the 1951 Convention, would need to be assessed. In the context of Iraq, a presumption of individual responsibility for excludable crimes may arise as a result of a person’s continued and voluntary functioning in very senior positions of the former regime, the Ba’ath Party or the security or military apparatus of the former regime as these institutions were clearly engaged in activities falling with the scope of Article 1F. 19
Page 1 and 2: UNHCR’s ELIGIBILITY GUIDELINES FO
Page 3 and 4: iii) Current Situation ............
Page 5 and 6: a) Overall Situation ..............
Page 7 and 8: IOM International Organization for
Page 9 and 10: EXECUTIVE SUMMARY A. Current Situat
Page 11 and 12: and gatherings, Shi’ite religious
Page 13 and 14: Government Officials and Other Pers
Page 15 and 16: Iraqi Asylum-Seekers From Central a
Page 17: considered to be well-founded. To t
Page 22 and 23: expand on the legal and policy guid
Page 24 and 25: The general chaos following the inv
Page 26 and 27: countries. While a good part of the
Page 28 and 29: evenues. 41 An understanding of var
Page 30 and 31: Article 140 of the Constitution cal
Page 32 and 33: the Middle East in terms of women
Page 34 and 35: epealed the CPA’s decision to sus
Page 36 and 37: The Iraqi judiciary continues to be
Page 38 and 39: Several groups, including the Mujah
Page 40 and 41: Al-Sunna. In addition, members of t
Page 42 and 43: dominated Special Police Commando u
Page 44 and 45: military commander in Iraq, General
Page 47 and 48: IV. PARTICULAR GROUPS AT RISK A. Re
Page 49 and 50: to Osama Bin Laden, the Shi’ites
Page 51 and 52: Shi’ite militias on the other han
Page 53 and 54: underscored how explosive the confl
Page 55 and 56: of the latest security crack-down i
Page 57 and 58: Ninewa Plains in particular have be
Page 59 and 60: The overall climate results in non-
Page 61 and 62: efuge in the three Northern Governo
Page 63 and 64: an international court. 261 Several
Page 65 and 66: The alleged main perpetrators of at
Page 67 and 68: In the current climate of religious
Page 69 and 70:
prohibition to kill, lie, commit ad
Page 71 and 72:
Mandaeans as belonging to the “Pe
Page 73 and 74:
have found refuge with the Sabaean-
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distributed to homes in Baghdad gav
Page 77 and 78:
Estimates of the number of Yazidis
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Yazidis are furthermore organized i
Page 81 and 82:
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
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after their release. 660 UNAMI HRO
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International Covenant on Civil and
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evidence that over forty people had
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Both sexes have become victims of s
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V. ELIGIBILITY FOR INTERNATIONAL PR
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those countries, even only on a tem
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violence on a daily basis. Ordinary
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cause. 733 More than one Convention
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C. Exclusion From International Ref
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a) Before the Fall of the Former Re
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) War Crimes War crimes are serious
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in mind when assessing crimes commi
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groups (pre-2003) or insurgency or
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A plausible explanation regarding t
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D. Internal Flight or Relocation Al
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Travel by Road Road travel in Iraq,
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with armed conflict between the MNF
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egulations regarding entry and resi
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It has been reported that new IDPs,
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Interior and Finance. While the Min
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and generally describe the three No
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In order to access the three Northe
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Governorate of Sulaymaniyah Persons
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v. Risk of Persecution or Other Ser
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In addition, non-Kurdish persons, p
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Conclusion Availability of an inter
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to flee Iraq have done so illegally
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explosives blew up. Two people were
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• On 2 July 2003, an armed assaul
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• 18 September 2006: Gunmen kille
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• 17 December 2003: An angry mob
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Annex IV: Attacks on Government Off
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• 2 May 2006: A suicide car bombe
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• 5 December 2006: Dr. Mohammed H
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Annex VI: Attacks on Doctors and Ot
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• 1 July - 31 August 2006: Accord
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Annex VIII: Attacks on Athletes and
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Annex IX: Attacks on Palestinian Re
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Palestinian family fled the hospita
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Annex X: Selected Bibliography Note
Page 203 and 204:
IWPR, Baghdad Gays Fear for Their L
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Senanayake, Sumedha, Iraq: Ethnic T
Page 207 and 208:
W Wilson, Scott, Iraqis Killing For
Page 209:
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