UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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UNOPS United Nations Office for Project Services UNSC United Nations Security Council UPI Union for Peace in Iraq US United States USIP United States Institute of Peace WFP World Food Programme WHO World Health Organization 8
EXECUTIVE SUMMARY A. Current Situation in Iraq The present situation in Central and Southern Iraq 1 is characterized by pervasive extreme violence, serious violations of human rights and a general lack of law and order. There have been some positive political developments in the country, including the Iraqi Government’s stated commitment to reconciliation, but these have not translated into increased physical and material security for its citizens. Individuals are regularly subject to violence due to their actual or perceived religious, ethnic, or political backgrounds and/or views by various actors. There are consistent reports of abuse and torture by insurgent groups, Iraqi Security Forces (ISF) and Shi’ite militias. The armed conflict between the Multi-National Forces (MNF)/ISF and the Sunni-led insurgency has resulted in civilian deaths, destruction of property and displacement. State protection from those perpetrating acts of violence is generally not available. The dismantling and slow reconstitution of Iraqi security forces, who are themselves the target of continuous attacks, have left a security vacuum in the country. Acts of violence are thus increasingly committed in a climate of impunity. Weak law enforcement and judicial structures, and the reported involvement of law enforcement in human rights abuses, further aggravate this situation. The overall security situation in the three Northern Governorates of Sulaymaniyah, Erbil and Dahuk, while less precarious than the situation in Central and Southern Iraq, remains tense and unpredictable. Disputes over the status of “arabized” areas, possible spill-over of violence from other parts of the country and the presence of militant groups in the area all threaten to destabilize the region. B. Summary of Main Groups Perpetrating Violence and Groups at Risk 1. Main Groups Practicing Violence Insurgent Groups Sunni Arabs, who had largely dominated the country under the previous regime, form the backbone of the current insurgency in Iraq. The insurgency appears to consist of a number of groups, including former Ba’athists, former army and intelligence officers, indigenous and foreign Islamists, and nationalists fighting foreign occupation. While differences exist 1 For the purposes of this paper, “Central Iraq” covers the Governorates of Anbar, Baghdad, Diyala, Ninewa (including the city of Mosul), Salah al-Din and Tameem (including the city of Kirkuk). This includes those areas in Central Iraq that are under the control of the KRG as stipulated in Article 53(A) of the Law of Administration for the State of Iraq for the Transitional Period (TAL), which continues to be valid under the Constitution (Article 143). “Southern Iraq” consists of the Governorates of Babil, Basrah, Kerbala, Najaf, Missan, Muthanna, Qadissiya, Thi-Qar and Wassit. Throughout these Guidelines, the three Northern Governorates referred to are those of Dahuk, Erbil and Sulaymaniyah. See also: “Annex XI: Maps of Iraq”. 9
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: IOM International Organization for
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 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
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prohibition to kill, lie, commit ad
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Mandaeans as belonging to the “Pe
Page 73 and 74:
have found refuge with the Sabaean-
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distributed to homes in Baghdad gav
Page 77 and 78:
Estimates of the number of Yazidis
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Yazidis are furthermore organized i
Page 81 and 82:
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
Page 105 and 106:
Acts committed against employees or
Page 107 and 108:
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
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
Page 143 and 144:
) 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,
Page 161 and 162:
Interior and Finance. While the Min
Page 163 and 164:
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
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• 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
Page 195 and 196:
Annex VIII: Attacks on Athletes and
Page 197 and 198:
Annex IX: Attacks on Palestinian Re
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Palestinian family fled the hospita
Page 201 and 202:
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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