UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

Traditional mechanisms 79 of conflict resolution, e.g. by tribal or religious leaders, may not
always be available or be ineffective in providing protection to the individual concerned. In
some cases, reliance on these mechanisms may result in further harm, for example, for
women who fear “honour killings” or individuals who fear becoming victims of a blood
feud. 80
C. Main Groups Perpetrating Violence
The analysis which follows below provides a non-exhaustive overview of the main groups
in Iraq currently perpetrating violence.
1. Insurgent Groups
With the fall of the former regime in 2003, political power in Iraq shifted to the Shi’ite
majority, which dominated the national elections in January and December 2005. 81 Sunni
Arabs, who had largely dominated the country under the previous regime, perceived
themselves as politically and economically marginalized, particularly by two far-reaching
decisions of the CPA, namely the de-Ba’athification Order and the Order to dissolve the
Iraqi Army. 82 Sunni Arabs now form the backbone of the ongoing insurgency in Iraq. The
insurgency appears to consist of a number of groups, including former Ba’athists, army and
intelligence officers, and indigenous and foreign Islamists as well as nationalists fighting
foreign “occupation”.
79 These comprise of the protection provided by family networks and tribal links. Because Iraq is a largely
tribal society with at least three-quarters of the Iraqi people belonging to one of the country’s 150 tribes,
people often rely on community leaders to resolve disputes instead of going to court. See also: UNHCR, 2005
Country of Origin Information Iraq, p. 17, see above footnote 53.
80 See: UNHCR, 2005 Country of Origin Information Iraq, p. 123, see above footnote 53. See also:
UNHCR, UNHCR Position on Claims for Refugee Status Under the 1951 Convention relating to the Status of
Refugees Based on a Fear of Persecution Due to an Individual’s Membership of a Family or Clan Engaged in
a Blood Feud, 17 March 2006, available in UNHCR’s Refworld at: http://www.unhcr.org/cgi-bin/texis/
vtx/refworld/rwmain?docid=44201a574.
81 The Shi’ite coalition United Iraqi Alliance currently holds 128 of the 275 seats in the Council of
Representatives. The main Sunni Arab bloc, the Tawafoq Iraqi Front, won 44 seats; Independent Electoral
Commission in Iraq, Certification of the Council of Representatives Elections Final Results, 10 February
2006, http://www.ieciraq.org/English/Frameset_english.htm.
82 CPA Order No. 1, De-Ba’athification of Iraqi Society, 16 May 2003, available in UNHCR’s Refworld at
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=468d097d2; CPA Order No. 2, Dissolution of
Entities, 23 August 2003, available in UNHCR’s Refworld at http://www.unhcr.org/cgi-bin/texis/
vtx/refworld/rwmain?docid=4691f4d62. See also “Members and Associates of the Ba’ath Party and the
Former Regime”.
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