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UNHCR's ELIGIBILITY GUIDELINES for ASSESSING THE UNHCR’s ELIGIBILITY GUIDELINES FOR ASSESSING THE INTERNATIONAL PROTECTION NEEDS OF IRAQI ASYLUM-SEEKERS This report has been produced by UNHCR on the basis of information obtained from a variety of publicly available sources, analyses and comments, as well as from information received by UNHCR staff or staff of implementing partners in Iraq. The report is primarily intended for those involved in the asylum determination process, and concentrates on the issues most commonly raised in asylum claims lodged in various jurisdictions. The information contained does not purport to be either exhaustive with regard to conditions in the country surveyed nor conclusive as to the merit of any particular claim to refugee status or asylum. The inclusion of third party information or views in this report does not constitute an endorsement by UNHCR of this information or views. United Nations High Commissioner for Refugees (UNHCR) Geneva August 2007 1 Table of Contents LIST OF ABBREVIATIONS.........................................................................................6 EXECUTIVE SUMMARY .............................................................................................9 A. Current Situation in Iraq....................................................................................... 9 B. Summary of Main Groups Perpetrating Violence and Groups at Risk ............ 9 1. Main Groups Practicing Violence............................................................................... 9 2. Main Groups at Risk ................................................................................................. 10 3. Arab Refugees........................................................................................................... 14 C. Assessing the International Protection Needs of Iraqi Asylum-Seekers.......... 14 1. Overall Approach...................................................................................................... 14 2. Refugee Status Under the 1951 Convention relating to the Status of Refugees ................................................................................................................... 16 I. INTRODUCTION................................................................................................21 II. BACKGROUND INFORMATION....................................................................23 A. Security, Political and Human Rights Situation ................................................ 23 B. Constitutional and Legislative Situation ............................................................ 27 1. Freedom of Religion ................................................................................................. 28 2. De-Arabization.......................................................................................................... 29 3. Personal Status .......................................................................................................... 31 4. Criminal Sanctions.................................................................................................... 32 5. National Security....................................................................................................... 34 III. MAIN GROUPS PRACTICING VIOLENCE..................................................35 A. General .................................................................................................................. 35 B. Lack of National Protection................................................................................. 35 C. Main Groups Perpetrating Violence................................................................... 37 1. Insurgent Groups....................................................................................................... 37 2. Iraqi Security Forces and Shi’ite militias.................................................................. 40 3. Criminal Groups........................................................................................................ 44 4. Kurdish Armed Forces .............................................................................................. 45 5. Family, Community, Tribe........................................................................................ 45 IV. PARTICULAR GROUPS AT RISK..................................................................47 A. Religious Groups................................................................................................... 47 1. Muslims..................................................................................................................... 47 a) Shi’ites and Sunnis Civilians.........................................................................47 i) Historical Background of the Sectarian Division in Iraq ................... 47 ii) The Emergence of the Current Sectarian Violence ............................ 48 iii) Current Situation ................................................................................ 50 iv) Affected Areas ................................................................................... 53 b) Shi’ite-Sunni Mixed Families ........................................................................ 55 c) Shabak...........................................................................................................55 2. Non-Muslim Religious Groups ................................................................................. 57 a) Christians ......................................................................................................59 i) General............................................................................................... 59 ii) Displacement of Christians Since 2003.............................................. 60 2 iii) Current Situation ................................................................................ 61 iv) Christians in “Disputed Areas” and in the Three Northern Governorates ...................................................................................... 65 v) Converts ............................................................................................. 65 b) Sabaean-Mandaeans ..................................................................................... 67 i) General............................................................................................... 67 ii) Displacement of Sabaean-Mandaeans Since 2003 ............................. 71 iii) Current Situation ................................................................................ 72 c) Yazidis ........................................................................................................... 75 i) General............................................................................................... 75 ii) Situation of Yazidis in Central Iraq.................................................... 78 iii) Situation of Yazidis in the Region of Kurdistan ................................ 80 d) Baha’i............................................................................................................ 81 e) Kaka’i / Ahl i-Haq / Yarsan........................................................................... 82 f) Jews ............................................................................................................... 84 B. Ethnic Groups....................................................................................................... 86 1. Kurds, Arabs, Turkmen, Ethnic-Based Christian Groups (Assyrians, Chaldeans, Armenians), Yazidis and Shabak in Ethnically Mixed Areas ................ 86 a) Introduction................................................................................................... 86 b) “Kurdification”............................................................................................. 87 c) Current Situation........................................................................................... 89 2. Roma (Kawliyah)...................................................................................................... 92 a) Introduction................................................................................................... 92 b) Current Situation........................................................................................... 93 C. Actual or Perceived Supporters of the Former Regime and/or the Insurgency ............................................................................................................. 95 1. Sunni Arabs............................................................................................................... 95 2. Members and Associates of the Ba’ath Party and the Former Regime ..................... 96 D. Actual or Perceived Sympathizers of the US-Led Invasion and/or the Multi-National Force in Iraq ............................................................................. 101 1. Employees of the Former CPA, MNF or Iraqis Employed by Foreign Embassies or Foreign Companies........................................................................... 101 2. Employees of the UN, ICRC or Humanitarian Organizations Including NGOs and Human Rights Defenders...................................................................... 102 3. Kurds and Other Segments of Iraqi Society............................................................ 104 E. Government Officials and Other Persons Associated With the Current Iraqi Government, Administration and Institutions ........................ 106 F. Actual or Perceived Opponents of the Ruling Parties in the Region of Kurdistan as well
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