Iraqis Denied Right to Asylum by Bill Frelick

2 FMR IRAQ SPECIAL ISSUE Iraqis denied right to asylum by Bill Frelick Now that the international community is belatedly paying hosts of refugees changed after November 2005, however, when three attention to the existence of an estimated two million Iraqi Iraqis set off bombs which killed 60 refugees, Iraq’s neighbours are closing off escape routes people in three hotels in Amman. while the US and UK provide no meaningful support to refugees or the countries hosting them. Millions of IDPs The Jordanian authorities are now preventing the entry of single Iraqi and other war-affected and persecuted Iraqis are trapped men between the ages of 17 and and denied the fundamental right to seek asylum. 35. They have severely tightened temporary residency permits, almost Iraq’s neighbours are refusing heightening the desperation of those ensuring that the vast majority of entry and imposing onerous new still in Iraq trying to find a way out. Iraqis will become ‘illegal aliens’ passport and visa requirements and subject to deportation to Iraq. for Iraqi nationals. Saudi Arabia There are recurrent reports that is building a $7 billion high-tech Jordan left in lurch the authorities are turning Iraqis barrier on its border to keep Iraqis away at ports of entry for failure to out. Kuwait is equally categorical in Sandwiched as it is between the produce the new ‘G series’ passports, its rejection of Iraqis. The Egyptian Israel-Palestinian conflict and the a more tamper-resistant document authorities began imposing highly Iraq war, Jordan is bursting with than previously issued but which restrictive new procedures for Iraqis refugees, and now hosts the largest Iraqis can only obtain from the seeking entry. There is a discernible number of refugees, per capita, of Ministry of Interior in Baghdad by hardening of response among all the any country on earth. The Jordanian paying large sums of money, putting neighbouring countries, except Syria. authorities regard the Iraqis as up with long waits and enduring In some cases governments have ‘guests’, ‘temporary visitors’ or ‘illegal political and religious scrutiny by the taken restrictive measures based on aliens’. For the first three years of issuing authorities. In other cases, criteria that amount to particularly the war, Jordan remained generally border guards ask Iraqis about their odious religious discrimination, and tolerant of the large numbers of Iraqis religious identity and reject those A refugee both seriously undermine the right crossing its border and staying in who are or appear to be Shi`a. In family in to asylum and violate fundamental its territory, preferring to benignly some cases, Iraqis who had legal Ruweished principles of refugee protection. ignore the population, essentially residence in Jordan and valid travel refugee camp Policies of neighbouring states looking the other way and letting the documents but who returned to Iraq in neutral territory are causing separation of families, Iraqis fend for themselves. Jordan’s have been subsequently prevented between Iraq deepening the anxiety of refugees and history and tradition as one of the from reentering Jordan, resulting and Jordan. world’s most remarkably generous in separation from their families. UNHCR/P Sands FMR IRAQ SPECIAL ISSUE 2 Jordan has no refugee law to fall President Bush has yet to so much as countries have limited resources back on. It is not a signatory to the acknowledge the refugees’ plight, let and competing social needs both 1951 Refugee Convention and has no alone direct the US government to from their own citizens and from the asylum procedures. It insists on its bring the displaced to safety or even hundreds of thousands of Palestinian prerogative to tell its ‘guests’ when to provide adequate humanitarian refugees whom they host. Both they are no longer welcome and aid. In the past the US has often aided have legitimate security concerns must leave. Jordan has deferred the those persecuted for supporting and understandable interests and job of determining who is a refugee it—refugees from the Hungarian sovereign rights in the management to UNHCR. In March, UNHCR Revolt, the Bay of Pigs; since the of immigration. Their valid security decided that as there are now so Vietnam War, a million Vietnamese concerns can be addressed, in part, many Iraqi asylum seekers – and refugees have been resettled in the by registering asylum seekers and overwhelming evidence of high US, including tens of thousands of providing them legal status, as well levels of threat and danger in south South Vietnamese army veterans. as by providing them the means and central Iraq – individualised But the Bush administration has to live in safety and dignity. refugee status determinations been very slow to respond to Iraqi are not just unnecessary but an friends whose lives are now in As in any refugee crisis, the wider obstacle to providing protection. danger. Many of the displaced international community has a It started issuing refugee cards are the very individuals on whom collective responsibility to share the to all Iraqi asylum seekers the administration was relying to burden which should not fall simply appearing at its Amman office. build a pro-Western democracy on those countries that happen to in Iraq. By not acknowledging be at the receiving end of a mass Jordan has rejected this exercise them, to stave off admitting failure, refugee exodus. The preamble to of UNHCR’s mandate but without the Bush Administration shuns the 1951 Refugee Convention notes exercising its own responsibility in accountability for its own actions. that “the grant of asylum may place UNHCR’s place. It still refuses to unduly heavy burdens on certain call a refugee a refugee. It rejects In 2005 the US allowed only 202 countries” and that refugee solutions asylum seekers at the border, and Iraqi refugees to enter the country. “cannot therefore be achieved is now poised to deport even more Under increasing pressure to respond without international cooperation.” Iraqis back to face risk to life in Iraq’s to the refugee crisis and to rescue The international community must maelstrom of hatred and violence, refugees persecuted for their support uphold the right, enshrined in the including those who have been of the American initiative, the State Universal Declaration of Human issued UNHCR refugee documents. Department announced in January Rights, of all people to seek asylum 2007 its willingness to resettle up in other countries by insisting on Jordan needs international support to 7,000 Iraqi refugees this year. As the right of Iraqis still clamouring to care for refugees on its territory. of this writing, fiscal year 2007 is to get out of Iraq to reach safety The support should be quick half over and fewer than 100 Iraqi in neighbouring countries. and generous. But it cannot be refugees have been admitted to the unconditional. If Jordan wants US, a rate of admission even lower My organisation, Human the international community to than 2005. Even if the US were to Rights Watch, has called on help it assist the refugees, it must succeed in resettling 7,000 Iraqis in neighbouring states to: play by the rules when it comes to 2007, it would be but a drop in the protecting them. Allowing UNHCR ocean of two million Iraqi refugees n scrupulously observe the to perform its functions and abiding and another two million displaced fundamental principle of by the principle of non-refoulement is within Iraq. As minimal as the US non-refoulement – including fundamental to sharing responsibility response has been, the UK has not non-rejection at the border for refugee assistance and protection. even made the rhetorical commitment and ports of entry to admit Iraqis who are under threat for having worked for British forces in n admit at least temporarily all USA and UK’s special Iraq, much less provided meaningful Iraqi asylum seekers, Palestinian responsibility support to meet the humanitarian refugees and Iranian Kurdish needs of refugees in the region. The refugees residing in Iraq The countries that are bearing the US and the UK are conspicuously who are seeking asylum brunt of the Iraqi refugee crisis are failing to provide minimally adequate not the ones responsible for creating burden sharing to encourage Jordan n cooperate with UNHCR in the it. The US and the UK undertook and Syria to keep their doors open. registration of Iraqi asylum a war which has directly caused seekers and refugees thousands of deaths, widespread fear and suffering, and forced International and regional n provide renewable residency displacement, and which precipitated responsibilities permits and work authorisation a sectarian conflict that has caused for Iraqis registered by UNHCR additional violence, persecution Jordan and Syria demonstrated and massive displacement. As such, tolerance toward Iraqi refugees n ensure the right of all children, these two countries have a particular for the first few years of the war, regardless of residency status, responsibility both to refugees particularly by allowing asylum to free and compulsory primary and those still seeking refuge. seekers to enter and remain. Both education, as guaranteed 2 FMR IRAQ SPECIAL ISSUE UNHCR/J Wreford A refugee woman with her belongings on a Damascus street. in the UN Convention on n acknowledge responsibilities n urgently facilitate the the Rights of the Child for Iraqi refugees and IDPs evacuation of Palestinian by contributing quickly and refugees seeking to leave Iraq n ensure compliance with the generously – both bilaterally and principle of family unity by through UNHCR – to meet the n encourage Israel to allow allowing and facilitating the exit humanitarian and protection needs Palestinian refugees from of family members from Iraq and of Iraqi and Palestinian refugees Iraq to return to areas now their entry to countries of asylum from Iraq in Jordan, Syria and administered by the Palestinian where their relatives are located.

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