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