The National Coalition of Anti-Deportation Campaigns (NCADC) yesterday highlighted the UN High Commissioner for Refugees’ (UNHCR) latest report for the benefit of Iraqi asylum seekers in the UK who have claims in progress or have been refused asylum.
NCADC says ‘UNHCR is specifically advising refugee receiving countries to give due consideration to granting refugee status to Iraqis from Central and Southern Iraq and that there should be no forced returns to Central and Southern Iraq, further that there should be no forced returns to third countries.’
NCADC adds: ‘They (the UNHCR) are more cautious on returns to the three Northern Governorates (Sulaymaniyah, Erbil and Dohuk), though they do say “the security situation, even if calm, remains tense and unpredictable” and that careful consideration must be given before any returns are carried out.’
The UNHCR Return Advisory and Position on International Protection Needs of Iraqis outside Iraq (18 December 2006) states: ‘Since the last UNHCR return advisory in September 2005, there has been a deterioration in the security situation in Iraq.
‘Extreme violence in Central Iraq and significant instability in the South mark today’s overall security situation in the country.
‘Sectarian tensions between Iraq’s Sunni and Shia communities as well as among the Shi’ites have sharply increased after the bombing of the holy Shi’ite shrine in Samarra on 22 February 2006.
‘This incident led to targeted killings of thousands of Iraqis from both communities as well as other groups on the basis of their religious identity resulting in massive displacement of populations.
‘Ethnic tensions have also been on the rise in traditionally mixed areas such as Kirkuk, Mosul and Diyala.
‘Violence is expected to further increase in view of the popular referenda to determine the status of disputed areas scheduled for 2007.
‘In parallel, civilians as well as individuals of certain profiles are being targeted by terrorist groups and militias on a daily basis through intimidation and acts of terror aimed at uprooting and expelling individuals from their areas of residence on ethnic, religious, political or mere criminal grounds (this includes intellectuals, wealthy people, women and girls and minority groups).
‘Furthermore, hostilities between the Multinational Forces (MNF) / Iraqi Security Forces (ISF) on the one hand and the armed insurgency on the other, continue unabated and are causing further population displacements.
‘Overall, the situation could be characterised as one of generalised violence and one in which massive targeted violations of human rights are prevalent.
‘Hundreds of thousands of Iraqis have been displaced within Iraq, to neighbouring countries and, displacements further afield, including to Europe, are also on the increase again.
‘The ability of the Iraqi Government to protect the population is significantly undermined by the weakness of its nascent security structures, political divisions and the high level and intensity of ongoing sectarian violence, crime and insurgency, which occur on a daily basis with large numbers of civilian casualties.’
In a reference to the puppet government-organised death squads, the UNHCR report continues: ‘In addition, Ministry of Interior have been repeatedly accused of employing militia members who commit gross human rights violations against those suspected of belonging to the insurgency.
‘There is also occasional factional fighting between various militia groups.’
UNHCR claims ‘positive developments on the political front’ but has to admit that ‘the Iraqi authorities are not yet able to provide residents with basic protection from generalised violence and massive targeted violations of human rights.’
The report continues: ‘Major political issues remain unresolved including the issue of federalism, distribution of oil and de-Ba’athification, which serves to undermine the government’s declared goal of national reconciliation and inclusiveness.
‘In addition, the country suffers from high unemployment and chronic fuel, electricity and water shortages, combined with serious shortcomings in health and educational services, creating the potential for major social unrest.’
Assessing ‘international protection needs of Iraqis from Southern and Central Iraq’, the report states:
‘In light of the above background, UNHCR recommends the following:
‘(i) Iraqi asylum-seekers from Southern and Central Iraq should be favourably considered as refugees under the 1951 Convention relating to the Status of Refugees, given the high prevalence of serious human rights violations related to the grounds in the 1951 Convention.
‘Where appropriate, the applicability of the exclusion criteria in the 1951 Convention should be considered.
‘Asylum claims should not be rejected merely on the basis of an internal flight alternative.
‘Whether the individual is a refugee under the 1951 Convention or flees generalised violence, there is no internal flight alternative within the Southern or Central regions, given the reach of both state and non-state agents of persecution, the lack of national protection and grave insecurity and human rights violations prevailing in those parts.’
The report adds: ‘Furthermore, it would not be reasonable to expect an Iraqi from the Southern or Central regions to relocate to the three Northern Governorates of Sulaymaniyah, Erbil and Dohuk.
‘Apart from the requirement to have a sponsor in order to be admitted and/or to legally reside in the Region of Kurdistan, individuals from the Southern or Central part of Iraq face serious obstacles in obtaining physical protection and in gaining access to accommodation, employment and other services.
‘Internal relocation for individuals from Southern or Central Iraq is therefore not likely to address threats of persecution or security risks, nor would it permit a relatively normal life without undue hardship.
Additionally, since 2005, there are increasing signs of public impatience with the administration and its ability to deliver improvements to public service provision, particularly as regards water, fuel and electricity.
‘This has led to a number of protests throughout the Kurdistan Region.
‘Additional pressure is placed on basic services by the large numbers of IDPs (Internally Displaced Persons) in the three Northern Governorates and absorption capacities are therefore severely limited.’
UNHCR recommends: ‘(ii) Where an Iraqi from Southern or Central Iraq is not recognized as a refugee under the 1951 Convention criteria, a complementary form of protection should be granted, unless the individual comes within the exclusion criteria in the 1951 Convention.
‘(iii) No Iraqi from Southern or Central Iraq should be forcibly returned to Iraq until such time as there is substantial improvement in the security and human rights situation in the country.
‘UNHCR, in particular, advises against returns to the three Northern Governorates of persons not originating from there.
‘(iv) Asylum seekers from Southern or Central Iraq who seek asylum beyond the neighbouring countries should not be returned to countries in the region, regardless of their prior stay in or transit through these countries.
‘While these countries have to date been generous in their hosting of a large number of asylum-seekers from Iraq on their territories, the socio-political consequences of a large Iraqi presence are beginning to take their toll on the ability and willingness of the authorities to continue extending protection to Iraqis.’
