UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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The general chaos following the invasion of the country and toppling of the former Government has provided fertile ground for many organized armed groups to fight the presence of international troops and the ongoing political process as well as target any perceived collaborators through the use of violence, often with total impunity. Other groups such as Al-Qa’eda in Iraq make use of the breakdown of law and order to pursue their goals through violent means, with mainly innocent civilians once again paying the price. Pervasive criminality adds to the insecurity. 12 Armed conflict between the ISF and the MNF 13 on the one hand, and insurgency groups – in particular in Al-Anbar Governorate and in Tel Afar (Ninewa Governorate) – on the other, has resulted in civilian deaths, destruction of property and displacement. 14 Reports further point consistently to the systematic use of torture during interrogations at police stations and in unofficial detention centres of the Ministry of Interior and the Kurdish security and intelligence apparatus. Iraq is party to some key international human rights instruments, and the Iraqi Constitution provides guarantees in respect of a number of basic human rights. 15 The situation, however, is such that both institutional and legislative have clashed violently on several occasions. See also: UNHCR, 2005 Eligibility Guidelines, p. 62-64 and 89, see above footnote 8. 12 For more information on the various actors to the conflicts in Iraq, see “Main Groups Perpetrating Violence”. 13 See the website of the MNF at http://www.mnf-iraq.com/. 14 The hostilities between the MNF/ISF and the armed insurgency following the hand-over of sovereignty on 28 June 2004 to the Iraqi Interim Government have been qualified by the ICRC as a non-international armed conflict. See: ICRC, Iraq post 28 June 2004: Protecting persons deprived of freedom remains a priority, 5 August 2004, http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList322/89060107D77D7299C1256 EE7005200E8. For a discussion of whether the conflict (or “conflicts”, given that the insurgency is not monolithic) could be considered as an “internationalized internal armed conflict”, see: Knut Dörmann and Laurent Colassis, International Humanitarian Law in the Iraq Conflict, German Yearbook of International Law, No. 47, 2004, p. 293-342, re-published at http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/Iraq-legalarticle-31122004/$File/IHL in Iraq conflict.pdf. On the issue of “internationalized internal armed conflict”, see: James G. Stewart, Towards a single definition of armed conflict in international humanitarian law: A critique of internationalized armed conflict, International Review of the Red Cross, No. 850, p. 313-350, June 2003, http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/5PYAXX/$File/irrc_850_Stewart.pdf. 15 The instruments and their date of ratification are as follows: - International Covenant on Civil and Political Rights (ICCPR, 25 January 1971), available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b3aa0 - International Covenant on Economic, Social and Cultural Rights (ICESCR, 25 January 1971), available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain? docid=3b00f47924 - International Convention for the Elimination of All Forms of Racial Discrimination (CERD, 14 January 1970), available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/ refworld/rwmain?docid=4269048a4 - Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 13 August 1986), available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain? docid=3ae6b3970 - Convention on the Rights of the Child (CRC, 15 June 1994), available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b38f0. Iraq is not a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and has neither signed nor ratified the 1951 Convention relating to the Status of Refugees or its 1967 Protocol. 24
structures in the country are not adequate to ensure or enforce implementation of human rights standards. The dismantling of the former Iraqi army and security forces, the slow training of Iraq’s new security forces and the high level of corruption and lack of equipment, resulted in a security “gap” that the current authorities have been unable to fill. Members of the ISF are themselves the target of insurgency attacks. The Ministry of Interior forces are reported to have been infiltrated by members of various armed groups, and their loyalty to the central Government has been questionable. In addition, the country suffers from high unemployment 16 and corruption, 17 chronic fuel, electricity and water shortages, 18 and serious shortcomings in health 19 and educational services, 20 creating the potential for major social unrest. The situation in Iraq has led to massive displacement of Iraqis inside and outside the country. By May 2007, estimates by the UN’s Cluster F 21 suggested that over two million persons 22 had been displaced inside Iraq, and up to two million others fled to nearby 16 The Brookings Institution estimates that unemployment ranges between 25 and 40 percent, but underemployment may be a much more significant factor; see: The Brookings Institution, Iraq Index. Tracking Variables of Reconstruction & Security in Post-Saddam Iraq, 26 February 2007, http://www3.brookings.edu/fp/saban/iraq/index20070226.pdf. UNAMI HRO has put the unemployment rate at 50 percent with up to 70 percent in Al-Anbar Governorate. 17 Transparency International (TI) said, in its annual Corruption Perceptions Index 2006 covering 163 countries, that Iraq is among the world’s most corrupt countries; see TI, Corruption Perceptions Index 2006, 6 November 2006, http://www.transparency.org/policy_research/surveys_indices/cpi/2006. 18 Fuel and electricity supplies continue to be below pre-2003 levels; see: The Brookings Institution, Iraq Index, see above footnote 16. 19 According to the Iraqi Medical Association (IMA), Iraq’s healthcare system is continuing to deteriorate as not enough qualified staff or equipment is available. IMA says 90 percent of the nearly 180 hospitals countrywide are lacking resources; see: Integrated Regional Information Networks (IRIN), Iraq: Country’s healthcare system rapidly deteriorating, 7 November 2006, http://www.irinnews.org/report.aspx? reportid=61923. 20 Statistics from the Ministry of Education indicate that only 30 percent of Iraq’s 3.5 million students are attending classes. This compares to approximately 75 percent of students attending classes in 2005, according to UK-based NGO Save the Children. See: IRIN, Iraq: School attendance rates drop drastically, 18 October 2006, http://www.irinnews.org/report.aspx?reportid=61896. 21 Within the framework of the UN’s coordinated support, and pursuant to its mandate of direct protection and assistance, Cluster F will support “the Iraqi authorities in providing adequate assistance and effective protection to uprooted populations in Iraq, preventing new displacement, and creating conditions conducive to achieving durable solutions.” The Cluster partners are UNHCR (Coordinator), IOM (Deputy Coordinator), UNAMI, UNOPS, UN-Habitat, WHO, UNICEF, WFP, ILO, UNIDO, UNEP, UNDP, OHCHR and FAO, all with wide-ranging experience in providing assistance, protection and durable solutions in conflict and transition situations. Since 2003, Cluster F has coordinated closely on protection and capacity building initiatives with national counterparts, including Iraq’s Ministries of Displacement and Migration, Interior, Labour and Social Affairs, Justice, Human Rights, Health, Housing and Municipality along with other relevant line ministries, the Permanent Committee on Refugee Affairs, the Inter-Ministerial Committee on Displacement and Migration, the Commission for the Resolution of Real Property Disputes (CRRPD) and regional and local authorities. In addition, Cluster F advocates before other Clusters and the World Bank, and collaborates with humanitarian actors including both local and international NGOs. 22 Cluster F, Internally Displaced Persons in Iraq, Update 23 May 2007, http://www.unhcr.org.iq/ clusterFreports/Cluster F Update on IDPs May 23.pdf. Cluster F continues to issue regular updates on the situation of IDPs in Iraq, including on issues such as restriction of admission and access to basic services, which are made available at http://www.unhcr.org.iq/. 25
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 and 18: considered to be well-founded. To t
Page 19: affiliated with criminal groups. In
Page 22 and 23: expand on the legal and policy guid
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-
Page 75 and 76:
distributed to homes in Baghdad gav
Page 77 and 78:
Estimates of the number of Yazidis
Page 79 and 80:
Yazidis are furthermore organized i
Page 81 and 82:
AP reported in October 2006 that
Page 83 and 84:
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
Page 121 and 122:
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
Page 127 and 128:
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
Page 133 and 134:
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
Page 165 and 166:
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
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
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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
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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:
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