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Home , Illegal entry, Lebanon

FMR special issue 35 Iraqi in Lebanon: continuous lack of protection by Samira Trad and Ghida Frangieh

There are no official statistics but there may be more Prima facie status than 40,000 Iraqi refugees in Lebanon. Lebanon During the UNHCR Pre-Excom NGOs already hosts some 400,000 for whom Consultation Meeting in October no durable solution is in sight. In the absence of a 2006, Frontiers Ruwad Association policy response, is there a danger of the Iraqi refugees participated in the drafting of an becoming ‘Palestinised’ – left in limbo in the ? NGO Statement which expressed concern for the indefinite use of temporary protection and called for Most have entered Lebanon via safe return to the of origin the recognition of Iraqi refugees on a . They include large numbers when conditions permit. The rationale prima facie basis in order to end the of Iraqi Christians who believe they of the temporary protection regime state of limbo and ensure an effective will find safety among Lebanon’s is to avoid the overwhelming of protection for Iraqi refugees in the Christian communities. Iraqi refugees refugee status procedures and to . In 2006, find it next to impossible to obtain an maintain the possibility of return UNHCR issued an advisory return entry visa to Lebanon so have entered once there is a political settlement for Iraqis2 in which it recommended the country illegally, often assisted of the conflict in the country of that states and UNHCR should by smugglers. They are thus at threat origin. It is premised on the belief declare Iraqis as refugees on a prima of arrest and conviction for ‘illegal that the conflict which has caused facie basis except for those who entry’, regardless of their status with the mass displacement is soon to be were residing in Iraqi and UNHCR. Lebanon is not a signatory resolved and it focuses on return those who fall under the exclusions to the 1951 Refugee Convention and as the most appropriate solution.1 clauses of the 1951 Convention. lacks effective legislation regulating asylum. Lebanon has also repeatedly The implementation of the temporary Like the temporary protection stated that it is not a country of protection regime for Iraqis was based regime, prima facie refugee status asylum due to its demographic and on the belief that the US-led invasion determination is based on the idea social composition and to the fact that would overthrow Saddam Hussein’s that a group of people – who share it already hosts more than 400,000 regime and speedily restore stability common criteria such as country . To make matters and democracy to Iraq. As a result, of origin or date of flight – should worse, the Arab – unlike Iraqis were left in a state of limbo and be provided with international and Africa – lacks legal uncertainty: neither refugees nor protection. However, group regional instruments to provide non-refugees, faced with voluntary determination on a prima facie protection for refugees fleeing from repatriation as the only possible basis grants refugee status to all generalised violence and civil strife. durable solution and denied the chance of settlement in the country As a result, protection of refugees of asylum or in a third country. Few Iraqis can hope lies entirely in the hand of UNHCR. Temporary protection as conceived to be resettled. In 2003 the agency called by UNHCR is not limited in time, for all Iraqi refugees (including in contrast to the European Union rejected cases) to be included under which sets a three-year limit for the members of the group. Therefore, ‘temporary protection’ – a regime implementation of this procedure. a refugee recognised on a prima elaborated by the international The absence of a time-frame increases facie basis should benefit from community in order to respond to the uncertainty of this temporary the rights enshrined in the 1951 situations of large-scale displacement status and risks politicisation of the Convention unlike a refugee and to the limitations of the 1951 protection of massively displaced under temporary protection. Refugee Convention and the refugee persons. As a result, the temporary definition. It is based around four protection regime of Iraqi refugees The news of prima facie principles: admission to safety, that was initially planned for implementation came as a long- respect for basic human rights, a period of three months was awaited Christmas present for Iraqi protection against refoulement and maintained until the end of 2006. refugees. UNHCR offices in 36 FMR IRAQ special issue

– and in and Most of these returnees were where access to health care is cheaper. – were flooded with refugees asking arbitrarily detained for months On her way back to Lebanon, she to receive the refugee certificate which after the expiry of their sentence. was arrested and detained by the they believed would protect them Prolonged arbitrary detention Lebanese authorities along with her from arrest in Lebanon and would continues to be an effective coercive new-born child and an older child. be their ticket to travel to another policy to force the Iraqi detainees country as part of resettlement to agree to repatriation. Most Iraqi Single men are greatly neglected. As programmes – the only durable detainees faced with the choice of one told us: “I have not seen a doctor solution for refugees in Lebanon. remaining indefinitely in Lebanese for the last seven years. I cannot Around 1,800 Iraqis registered prisons or returning to Iraq chose afford to pay for a consultation. with UNHCR between January and to return to Iraq with the intention When I go to the different UNHCR May 2007, 50% more than for the of re-entering Lebanon illegally. implementing partners for medical whole of 2006. UNHCR’s target by assistance, they send me back and December 2007 is to assist and/or Returns to Iraq from the Lebanese forth between them explaining register around 10,000 Iraqis. detention centres are financed and either that I am not an emergency coordinated by the Iraqi Embassy in case or that I do not fall under their Lebanon and IOM. UNHCR’s role is programme. At the end, I still have Disillusionment limited to ensuring the repatriations not got a medical examination.” are ‘voluntary’. An interview with The Iraqis’ illusions were soon the Iraqi Ambassador to Lebanon dashed as it became clear that third- in February leads us to estimate Conclusion country resettlement would not be that around 40 to 60 persons are available. Few Iraqis can hope to be returned to Iraq each week. No protection regime – whether it resettled. The US has announced is individual status determination, plans to resettle only 7,000 of the temporary protection or prima approximately two million Iraqi Neglect of vulnerable facie recognition – can be effective refugees in the region and the Iraqi refugees when it is solely implemented by European Union has declared UNHCR without the involvement opposition to resettlement of The illegal status of the Iraqi refugees of the Lebanese authorities and in refugees in the EU – but has agreed denies them any form of protection. the absence of any national legal to donate up to 11 million Euros for As they have no adequate assistance, framework for refugee protection humanitarian aid in the region. they are forced to work illegally and which would guarantee the right can readily be exploited – forced of every individual to seek asylum Disillusionment set in after Iraqis to work long hours, denied social and to be protected against forced realised that their prima facie refugee security and if their wages are not expulsion to a country where status has not changed government paid have no recourse to law out his life would be threatened. policies regarding their presence in of fear of being arrested for lack of the country. The temporary protection papers. Access to education and The magnitude of the Iraqi refugee regime and the recognition on health care are extremely limited. influx in the region raises fears of prima facie basis were not formally Many Iraqi teenagers are forced to ‘Palestinisation’ of their plight for the acknowledged by the Lebanese abandon their studies in order to international community is focusing authorities although Lebanon is a work illegally in harsh conditions almost solely on humanitarian member of the UNHCR Executive to provide for their families. assistance, rather than the search for Committee and is supposed to be durable solutions. Lebanon – like bound by its conclusions. As they There are a few NGOs trying to cover other Arab states – is understandably were under the Saddam regime, the basic health needs of the most reluctant to improve the legal status Iraqi refugees continue to be treated vulnerable Iraqis but their ability and living conditions of Iraqi refugees as illegal migrants by the Lebanese to assist is limited: “My wife had for fear they will once again have to authorities, at constant risk of complications when she gave birth carry a hosting burden which will being arrested for illegal entry and to our son but we were sent to a carry on for decade after decade. stay in Lebanon and sentenced to hospital that didn’t have an intensive imprisonment and deportation. care unit. I had to take her to another Samira Trad (samiratrad@fastmail. hospital but I didn’t have enough fm) is the director and Ghida The Lebanese government has money to pay for it and there were Frangieh a trainee legal advisor at often ignored UNHCR protection no ambulances to transport her and the Frontiers (Ruwad) Association guidelines regarding Iraqi refugees the baby and give them oxygen. I ([email protected]) and injunctions again non-refoulement had to go to a friend and borrow (www.frontiersassociation.org), and non-repatriation. Before 2003, money and then transport my wife a Beirut-based NGO promoting hundreds of Iraqi asylum seekers in a taxi. By the time I reached the the human rights of refugees and at time even recognised second hospital, my new-born son and migrants in Lebanon. refugees were deported back to Iraq. had died in the taxi”, explained Hani. After 2003, voluntary repatriation 1. Note on International Protection, submitted by the UN for Refugees to the UN General convoys were organised with the Another Iraqi woman who could Assembly, 7 September 1994 www.unhcr.org/excom/ assistance of the International not afford to deliver her child in EXCOM/3f0a935f2.pdf Organization for Migration (IOM). Lebanon was smuggled to Syria 2. www.unhcr.org/home/RSDLEGAL/458baf6f4.pdf