UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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countries. While a good part of the displacement took place before 2003, increasing numbers of Iraqis are now fleeing escalating sectarian and political violence. In 2006 alone, Nearly 640,000 Iraqis are estimated to have fled within Governorates or to other areas inside the country, and between 40,000 and 50,000 continue to flee their homes every month. UNHCR’s planning figures under its latest appeal are for up to 2.3 million internally displaced people within Iraq by the end of 2007. 23 The violence inflicted upon ordinary Iraqis often has sectarian underpinnings, since militant elements of religious and ethnic groups target individuals (e.g., religious figures, politicians, tribal leaders) as well as the civilian population of other groups at large. Violence is perpetrated by both state and non-state actors. Both the MNF and the ISF have been accused of inflicting torture and inhuman and degrading treatment upon individuals whom they have arrested and detained. Shi’ite-dominated militias and parts of the ISF, particularly the Ministry of Interior, also are accused of committing serious violations of human rights, including kidnappings and unlawful arrests, torture and extra-judicial killings, against individuals perceived to be supporters of Sunni-dominated insurgency groups. 24 The insurgency groups have also been involved in the kidnapping, torture and extra-judicial killings of civilians. 25 The lack of an effectively functioning law enforcement system 26 and the weak judiciary 27 generally prevent victims from receiving effective protection from, or remedy for, human rights abuses. 28 While the security situation in the three Northern Governorates is relatively calm and stable compared to Central and Southern Iraq, it nevertheless remains tense and unpredictable. There is the dispute over the status of arabized areas, mainly Kirkuk, 29 possible spill-over of violence from other parts of the country, the presence of both homegrown Islamist militant groups and the Kurdistan Workers’ Party (PKK), and the population’s growing dissatisfaction with alleged corruption and human rights abuses. 30 23 UNHCR, UNHCR launches new appeal for Iraq operations, Press Release, 8 January 2007, available at http://www.unhcr.org/news/NEWS/45a243a54.html. 24 See “Iraqi Security Forces and Shi’ite militias” and “Sunni Arabs”. 25 See “Insurgent Groups”. 26 UNAMI HRO stated that “(L)aw enforcement agencies are insufficient, inadequately equipped and in need of further training”; see UNAMI HRO, Human Rights Report, 1 July – 31 August 2006, p. 1, http://www.uniraq.org/documents/HR Report July August 2006 EN.pdf (further: “UNAMI HRO, August 2006 Human Rights Report”). 27 UNAMI HRO reported that the Iraqi judiciary’s capacity is limited, “particularly in cases involving organized crime, corruption, terrorism and militia-sponsored armed activities […] due to the high level of intimidation and threats, limited protection mechanisms for both witnesses and judiciary, as well as limited number of investigative judges”; see UNAMI HRO, Human Rights Report, 1 May – 30 June 2006, p. 5, http://www.uniraq.org/documents/HR Report May Jun 2006 EN.pdf (further: “UNAMI HRO, June 2006 Human Rights Report”). 28 US Department of State (USDOS), Bureau of Democracy, Human Rights and Labor, International Religious Freedom Report 2006 – Iraq, 15 September 2006, http://www.state.gov/g/drl/rls/irf/2006/ 71422.htm. 29 428F, See also “Kurds, Arabs, Turkmen Ethnic-Based Christian Groups (Assyrians, Chaldeans, Armenians) 429F, Yazidis 430F and Shabak 431F in Ethnically Mixed Areas”. 30 See also “IFA/IRA in the Three Northern Governorates of Sulaymaniyah, Erbil and Dahuk”. 26
B. Constitutional and Legislative Situation With the approval of the Iraqi Constitution 31 in a popular referendum on 15 October 2005, its publication in the Official Gazette and the seating of the new Government on 20 May 2006, the Constitution entered into force. 32 It was drafted in 2005 by members of the Iraqi Constitutional Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (TAL). 33 The drafting and adoption of the new Constitution was not without controversy, as sectarian tensions figured heavily in the process. Under a last-minute compromise brokered just days before the referendum in order to prevent another Sunni Arab election boycott, it was agreed that the first parliament elected pursuant to the new Constitution would institute a Constitutional Review Committee (CRC) with a view to determine whether the Constitution should be amended (Article 142). 34 Any amendments would have to be ratified by popular referendum. The referendum will be successful if approved by the majority of the voters, and if not rejected by two-thirds of the voters in three or more governorates. The 27-member CRC was formed by the Council of Representatives on 25 September 2006 and is slated to complete its work within one year. 35 The CRC, chaired by Iyad Al-Samarra’i of the Iraqi Islamic Party (IIP), established four subcommittees on political issues, the completion of the constitution, drafting text and public outreach. 36 To date, the CRC has not drafted any proposed amendments. 37 Constitutional review is widely considered essential to national reconciliation. 38 Major issues at stake include federalism, 39 de-Ba’athification 40 and the allocation of oil 31 See the unofficial English translation of the Constitution of the Republic of Iraq by UNAMI, available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=454f50804. 32 See Article 144 of the Constitution, ibidem. 33 Law of Administration for the State of Iraq for the Transitional Period, available in UNHCR’s Refworld at http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=45263d612. 34 On the Constitution drafting process and the reported flaws of its outcome, see, for example, Jonathan Morrow, Weak Viability – The Iraqi Federal State and the Constitutional Amendment Process, United States Institute of Peace (USIP), Special Report, July 2006, http://www.usip.org/pubs/specialreports/sr168.pdf. See also: ibidem, Iraq’s Constitutional Process II – An Opportunity Lost, USIP, Special Report, November 2005, http://www.usip.org/pubs/specialreports/sr155.pdf. See also: International Crisis Group (ICG), Unmaking Iraq: A Constitutional Process Gone Awry, Middle East Briefing No. 19, 26 September 2005, http://www.crisisgroup.org/library/documents/middle_east___north_africa/iraq_iran_gulf/b19_unmaking_ iraq_a_constitutional_process_gone_awry.pdf. 35 James A. Baker, III and Lee H. Hamilton (Co-Chairs) et al., The Iraq Study Group Report, December 2006, p. 19, http://www.usip.org/isg/iraq_study_group_report/report/1206/iraq_study_group_report.pdf (further: “Iraq Study Group Report”). 36 UNAMI, UNAMI Focus - Voice of the Mission, First Issue, Mid February 2007, p. 2-3, http://www.reliefweb.int/rw/RWFiles2007.nsf/FilesByRWDocUnidFilename/643453B526CAC7108525728F 006E90BB-Full_Report.pdf/$File/Full_Report.pdf. 37 Kenneth Katzmann, Iraq: Elections, Constitution, and Government, CRS Report for Congress, 26 January 2007, p. 5, http://italy.usembassy.gov/pdf/other/RS21968.pdf. 38 Prime Minister Al-Maliki, soon after entering office, announced a national reconciliation programme, which, inter alia, included constitutional review; see Iraq Study Group Report, p. 43, see above footnote 35. 39 Federalism is a core issue dividing Iraq’s major political groups. While the Kurdish and major Shi’a parties such as SCIRI favour a decentralized structure, Sunni Arabs vow for a strong central government, fearing federalism will lead to the break-up of the country and leave them with no access to the country’s oil. 27
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 24 and 25: The general chaos following the inv
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
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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
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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
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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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