42 FMR 23 Challenges of temporary protection in by Ann Maymann Forced displacement is now a defining characteristic in Syria were submitted for resettle- ment to third countries such as Aus- of Iraqi society and will remain so for years to come. tralia, Canada, the European Union, Many have chosen to leave for neighbouring countries, New Zealand or the US. This changed in March 2003 when UNHCR called particularly Syria and Jordan, but remain in a limbo of on national states to provide tempo- rary protection to all whether temporary protection. for those already in exile or subse- ware of US preparations for solutions were found in cooperation quent arrivals. It implied a complete an attack on Iraq, the human- with the Syrian authorities and reset- ban on forced return of Iraqis includ- Aitarian community was ready tlement countries. ing rejected asylum seekers and in to receive thousands of Iraqis ex- turn also the temporary halt to the pected to pour into Syria and Jordan Iraqi refugees in Syria come from individual refugee status determina- at the end of March 2003. However, urban backgrounds and seek tion. Given the political sensitivities, instead of arriving as expected en livelihood opportunities in familiar the unpredictable developments in masse,1 Iraqi refugees have arrived in networks and settings. Iraqi refugees Iraq and the varying attitudes of dribs and drabs – threatened both by are mostly employed in the informal both Western and regional states to- bullets and loss of livelihoods – as sector – often, men in the construc- wards the plight of Iraqis, advocating the situation in Iraq has continued to tion sector and women in sewing for temporary protection status with deteriorate. and tailoring. They pay higher house all its flaws and incompleteness was rents than Syrian nationals and there the only viable option at hand – and The number of Iraqis in Syria is is evidence that their presence has was indeed effective in preventing widely contested. The Syrian authori- forced up house prices and rents. enforced returns to Iraq. ties estimate the number at around 400,000, other sources quote one Iraqi refugees are not a new phe- Temporary protection status affords million and Syrian taxi drivers say nomenon in Syria but their sheer less protection compared to that two million. Many are financially numbers are having an impact on based on UNHCR’s mandate or the self-sufficient or have family con- the lives of . Some Syrians 1951 Convention – but is better nections in Syria and the majority blame Iraqis for driving down wages, than no protection at all. Above all, have never approached UNHCR. for petty crime and for prostitution. it safeguards against refoulement. As of February 2005, UNHCR has Poverty in Iraq and the impact of In mass influx situations it has also registered approximately 15,000 Islamic fundamentalism have un- been used when it has proved impos- Iraqis since the outbreak of the war. doubtedly forced many prostitutes sible to undertake individual refugee During 2004, an average of 250 Ira- to flee to Syria. status determination. UNHCR first qis approached UNHCR every week employed it in 1992 with the inten- for registration and documentation. Syrian sanctuary? tion that it would provide short-term Christians constitute some 35% of minimum protection to those fleeing registered Iraqis in Syria, despite the In addition to the 15,000 registered conflict in ex-Yugoslavia. fact that in Iraq Christians constitute Iraqi refugees, Syria also hosts some only around 5% of the total popula- 2,500 refugees of other origins In June 2001, the Directive on Tem- tion. – plus around half a million Pales- porary Protection by the European tinian refugees (410,000 of whom Union Ministers of Justice and Home Iraqi refugees are concentrated in are registered with UNRWA, the UN Affairs (JHA) was welcomed by urban centres, especially Relief and Works Agency for Pal- UNHCR whereby it was recognised and . Shia and Sunni Mus- estine Refugees) who enjoy similar that “temporary protection is not an lims and Assyrian and Chaldean rights as Syrian citizens. Syria has alternative to refugee status under Christians from Iraq tend to live no specific laws regulating asylum the 1951 Convention, but only a in areas alongside other members seekers and refugees. Entry, stay and practical device aimed at meeting – whether Syrian or foreign – of the exit of asylum seekers and refugees urgent protection needs during a same groups. The fact that they are are regulated under the ordinary mass influx situation until the indi- drawn to urban centres also explains immigration legislation pertaining to viduals concerned have their asylum the apparent paradox that, despite any alien on Syrian territory. Syria, requests determined on a case-by- increasing numbers of Iraqi refugees like the majority of members of the case basis”3. Iraqi refugees have now entering Syria, in June 2004 UNHCR Arab League, has not signed the been under ‘temporary’ protection in closed down the refugee camp in 1951 Refugee Convention.2 Syria for more than two years. Hassakeh province in northeastern Syria. There were only some 50 Prior to the war in Iraq, Iraqis with Syrian authorities normally exhibit refugees left, for whom individual refugee status determined by UNHCR warm hospitality towards , FMR 23 Challenges of temporary protection in Syria 43

including Iraqis, Somalis and Su- of ‘persecution’ has been taken hos- the causes and consequences of the danese. UNHCR is encouraging the tage by political considerations. Just present conflict in Iraq. The question Syrian authorities to continue this as asylum seekers have sometimes is: which countries will cooperate tradition and to offer real protec- been described as ‘asylum shopping’ with the UN and UNHCR to protect tion for Iraqi refugees. One tangible in Europe, so resettlement countries Iraqi civilians from an increasingly means is through provision of sup- occasionally go ‘refugee shopping’, confusing and maniacal armed con- port to those sectors of society, such prioritising for example groups such flict? as health and education institutions, as ‘women at risk’ or specific ethnic having to deal with the impact of or religious groups. They misunder- When the time is ripe, one possibil- the increasing number of refugees. stand the complex nature of conflict ity would be to organise a debate at UNHCR in collaboration with their in Iraq and the rapid changes in the regional or international level operational partners, the Syrian Red grounds for persecution. on the impact of the war in Iraq on Crescent and the Syrian Women civilians in order to generate creative Union, identifies those Iraqi refugees The challenge of injecting substance suggestions for the amelioration of under temporary protection who into temporary protection is that, daily life whether in Iraq or in exile. require specific assistance such as in this region, refugee status has Participants should include human emergency medical response and hitherto meant resettlement. UNHCR rights groups, refugee advocates and support for family reunification. is striving to change this perception Iraqi civilians. and there are indeed positive signs Syrian hospitality towards mem- emerging on institutionalising refu- While not all Iraqi civilians are at bers of the huge Iraqi community gee protection through negotiations risk, many are – and they deserve is under threat not only from the with authorities. our concerted attention and protec- pressure imposed on Syrian society tion. and its resources but also from the Outlook US coalition and its crackdown on Ann Maymann is a Protection terrorists. In the current extremely As temporary protection begins to Officer for UNHCR Syria. tense atmosphere in which the US acquire a manifestly non-temporary Email: [email protected] does not rule out the option of mili- status, questions arise: would the The thoughts expressed are per- tary strikes against Damascus the world have reacted differently if Iraq sonal and do not necessarily reflect question remains which criteria are had been invaded by North Korea or the views of UNHCR or the UN. applied for identifying a terrorist. Iran? Would the exodus to neigh- UNHCR’s Iraq homepage is at: bouring countries have been char- www.unhcr.ch/cgi-bin/texis/vtx/ In the initial registration of Iraqis acterised as a refugee situation and iraq under temporary protection in Syria, would Iraqis have been welcomed it emerged that some had opted to for resettlement out of the region? 1. Dawn Chatty ‘‘Operation Iraqi Freedom’ and leave Iraq due to their membership its phantom million Iraqi refugees’, FMR18, p51, www.fmreview.org/FMRpdfs/FMR18/fmr18rsc. of the Ba’ath party. Today it is a If temporary protection is to have pdf criminal offence even to be a party real value, it must form part of a 2. Thirteen Arab League states are non-signato- member but under Saddam Husse- comprehensive international strat- ries. Those that have signed are Algeria, Djibouti, in’s regime many joined to ensure egy, designed to deal with both the Egypt, Mauritania, Morocco, Somalia, Sudan, Tunisia and Yemen their economic survival. There are causes and the consequences of a 3. ‘UNHCR welcomes EU agreement on temporary concerns that Ba’ath associations refugee-producing conflict. UNHCR protection’, 1 June 2001 may exclude them from refugee and the UN as a whole are obviously status. It looks now as if the concept in no position to effectively address

Displacements is a multidisciplinary project focusing on the experiences of refugees living in various situations – Johannesburg in South Africa, Massy in France and Kakuma refugee camp in Kenya. Through a series of creative workshops, collaborations and ex- hibitions shown both within and outside the communities in which they were created, the project – directed by Marie Ange Bordas ([email protected]) – aims to raise awareness about their plight through their own ideas and voices.

Visit www.displacements.info