UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

expand on the legal and policy guidance provided therein, while providing a comprehensive
review and analysis of available country-of-origin information. The Guidelines are intended
to assist, among others, those responsible for the adjudication of individual claims for
refugee status and those involved in the establishment of government policy in relation to
this caseload. These Guidelines supersede UNHCR’s Guidelines Relating to the Eligibility
of Iraqi Asylum-seekers issued in October 2005. 8
These Guidelines are divided into six sections including this Introduction (Section I).
Section II provides background information regarding Iraq, including an overview of the
current security, political and human rights situation, and information on the country’s
constitutional and legislative framework.
Sections III and IV provide detailed country-of-origin information relevant to the
assessment of the international protection needs of Iraqi asylum-seekers. Section III
provides an overview of the main groups currently perpetrating violence in Iraq, while
Section IV sets out the main groups which are particularly at risk. The Guidelines elaborate
on the groups’ background, their treatment under the regime of Saddam Hussein (if
relevant), events affecting them at present, and the reasons why they are considered to be
particularly at risk today. Given that the security situation is different in Central and
Southern Iraq and the three Northern Governorates of Sulaymaniyah, Erbil and Dahuk,
information on the situation of these groups in each of these two regions of Iraq is provided
as necessary.
Section V of the Guidelines sets out UNHCR’s recommendations on the approaches to be
taken to ensure the protection of Iraqis who are in need of international protection and
provides the legal framework for analysing claims under Article 1A(2) of the 1951
Convention relating to the Status of Refugees. The various elements of the refugee criteria
are evaluated in the context of the current situation in Iraq. Guidance on assessing the
availability of an internal flight alternative as well as the applicability of the exclusion
clauses is also provided.
Section VI deals with the international protection needs of Arab refugees in Iraq (i.e.
Palestinians, Syrians and Iranians) who have fled the country due to the current conflict.
Finally, the Guidelines contain a number of annexes chronicling specific attacks on
particular groups-at-risk. Several annexes, including maps of Iraq, are also provided.
8 UNHCR, Guidelines Relating to the Eligibility of Iraqi Asylum-Seekers, October 2005, available in
UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=4354e3594 (further:
“UNHCR, 2005 Eligibility Guidelines”).
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