Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement and foreign travel, but the government did not consistently respect these rights. IDPs had limited access to Baghdad, Kirkuk, and Najaf Governorates, and areas controlled by the KRG throughout the year. As of November approximately one million IDPs and 225,000 refugees were present in the IKR and areas under KRG security control. In late November hundreds of Sunni Turkmen IDPs from the Tal Afar area were denied entry into Dahuk, located in the IKR. The governor of Dahuk said he was concerned there were Da’esh elements among these IDPs, whose presence in the IDP camps in Dahuk among Yezidis might provoke revenge attacks on them.
The government generally cooperated with UNHCR, the International Organization for Migration (IOM),), and other humanitarian organizations to provide protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other vulnerable populations. The government did not have effective systems to assist all of these individuals, largely due to funding shortfalls, lack of capacity, and lack of access. The security situation and armed clashes between the ISF and Da’esh throughout the year caused significant movement of civilians, further complicating the government’s coordination of relief efforts. The IOM estimated that, since the beginning of 2014, the conflict with Da’esh had caused more than 3.4 million individuals to become displaced, at least one million of whom have returned home. Security considerations in and near active combat areas, unexploded ordinance, destruction of infrastructure, and official and unofficial restrictions continued to limit humanitarian access to IDP communities.
Abuse of Migrants, Refugees, and Stateless Persons: UN agencies, NGOs and the press reported that sectarian groups, extremists, criminals, and, in some alleged but unverified cases, government forces attacked and arrested refugees, including Palestinians, Ahwazis, and Syrian Arabs.
Local NGOs reported that abuse of Syrian refugees–often by other refugees–was common, including violence against women and children, child marriage, forced prostitution, and sexual harassment.
A 2011 memorandum of understanding between the government and the United Nations provided for the closure of Camp Ashraf in Diyala Governorate, and transfer to Camp Hurriya (in Baghdad) of members of the Mujahedin-e-Khalq (MeK), an Iranian dissident group. The UNHCR relocation program provided the means successfully to relocate all MeK members from Iraq to third countries during the year; the majority of MeK were moved to Albania.
In-country Movement: The law permits security forces to restrict in-country movement pursuant to a warrant, impose a curfew, cordon off and search an area, and take other necessary security and military measures in response to security threats and attacks. There were numerous reports that security forces, including the ISF and Peshmerga, as well as the PMF, selectively enforced regulations requiring residency permits to limit entry of persons into liberated areas under their control. UNAMI and the UN Office of the High Commissioner for Human Rights received multiple reports that Kirkuk authorities denied Sunni Arab IDPs from Salah al-Din and Ninewa Governorates access to Kirkuk Governorate.
UNAMI reported that in some areas, civilians fleeing conflict zones were intercepted by armed groups and militia operating in support of the ISF, and were targeted for threats, intimidation, physical violence, abductions, destruction of property, and killings. There were a number of reports that IDPs faced hostility from local government authorities and populations, as well as threats of expulsion.
UNHCR reported that Kirkuk authorities also confiscated identification documents or served notices of eviction to IDPs from Salah al-Din, Anbar, and Diyala Governorates, provoking their departure from camps and urban centers. On September 22, authorities forcibly returned 330 IDP families from Laylan Camp to a checkpoint along the road to Salah al-Din, according to the Iraq Humanitarian Protection Cluster. From September 1 to 21, Protection Cluster partners documented the departure of more than 1,000 IDP families who had been targeted for expulsion by local authorities. Amnesty International reported that the PMF Units (predominantly Shi’a militias) and the Peshmerga forces prevented civilians, largely Sunni, from returning to their homes after Da’esh was pushed out.
The KRG, imposing what it stated were necessary security procedures, restricted movement across the areas it administered. Authorities required nonresidents of the IKR to obtain permits that authorized limited stays in the IKR. These permits were generally renewable. Iraqi citizens from outside the IKR who sought to obtain residency permits for KRG-controlled areas required sponsorship from a resident in the region. Citizens (of all ethno-sectarian backgrounds, including Kurds) crossing into the region from the South were obligated to enter at checkpoints and undergo personal and vehicle inspection. The government imposed similar restrictions on IDPs from Ninewa Governorate and the disputed territories.
KRG authorities applied restrictions more stringently in some areas than in others. The United Nations and international humanitarian organizations alleged that practices regarding the entry of IDPs and Iraqi refugees seeking to return were more or less restrictive depending upon the location of the checkpoint and the ethno-sectarian background of the displaced individuals. There were also reports that checkpoints into the IKR were sometimes closed for extended periods, forcing IDPs to wait to enter the region. Officials prevented individuals whom they deemed security threats from entering the region. IKR officials generally admitted minority IDPs into the IKR, although the security checks were occasionally lengthy. Entry often was more difficult for men, particularly Arab men traveling without family.
Due to military operations aimed at defeating Da’esh, ISF, including the PMF and KRG Peshmerga, increased the number of checkpoints and erected makeshift roadblocks in many parts of the country (see section 1.g.). In June, following the liberation of Ramadi and Fallujah from Da’esh in Anbar Governorate, thousands of residents fled those cities for surrounding areas. Most were prevented from leaving Anbar per an official government order, due to security and ethnocentric concerns. Some 70,000 individuals fled Fallujah during a three-day period in June when the Iraqi army secured safe exit routes, overwhelming local and international assistance efforts and leaving many stranded in the desert for days without aid. At least 600 IDPs from Fallujah were missing after Shia PMF units held them for screening. IDPs began returning to Fallujah and outlying areas in September, although there were credible reports that provincial authorities required some government workers to return before they were ready to do so. In September, IDPs in Laylan Camp in Kirkuk were informed that they must return to their areas of origin. UN agencies confirmed that confiscation of identification documents and other measures to force IDPs to return home continued.
Da’esh restricted freedom of movement, particularly in the West and North (see section 1.g.). Da’esh prevented citizens from leaving the cities of Fallujah, Ramadi, Mosul, and other places unless those citizens paid bribes to exit, left family members behind as collateral for their return, or agreed to relinquish property they owned in those cities. Da’esh severely restricted women’s freedom of movement in areas under its control. Patrols checked to make sure women wore suitable attire and that male relatives or guardians accompanied them outside the home. There were credible reports that Da’esh killed civilians trying to flee, including in the cities of Hawija, Qayara, and Mosul, when ISF moved to liberate those areas.
Foreign Travel: The government required exit permits for citizens leaving the country, but the requirement was not routinely enforced.
Exile: The constitution permits forced exile only of naturalized citizens and only if a judicial decision establishes that the individual obtained citizenship based on material falsifications. There were no reported cases of forced exile. After 2003 many former Ba’ath Party members sought refuge in neighboring countries, choosing self-imposed exile over possible prosecutions under de-Ba’athification laws, and later under the Anti-Terrorism Law. In 2011 another wave of prominent Sunni politicians left the country after the government began arresting Sunnis and dissidents, by expansively applying Anti-Terrorism Law provisions.
Emigration and Repatriation: The government failed to provide travel documents to hundreds of citizens awaiting deportation from the United States, essentially rendering these individuals stateless.
INTERNALLY DISPLACED PERSONS
The constitution and the national policy on displacement address IDP rights, but few laws specifically do so. The central government, the IKR, and international organizations, including UN agencies and NGOs, attempted to provide protection and other assistance to IDPs. Host communities were strained as the number of IDPs outside of camps increased. In 2014 the United Nations designated the humanitarian crisis as a Level Three emergency, its highest level, citing the scale, urgency, and complexity of the situation and has since extended the designation through February 2017.
Since 2014 the armed conflict has displaced more than 3.4 million persons, predominantly from Anbar, Ninewa, and Salah al-Din Governorates. In July and August, Salah al-Din Governorate experienced a significant increase in new IDPs resulting from the positioning of government forces in areas around Mosul in preparation for the operations for its liberation. From mid-June through mid-December, nearly 131,000 persons were displaced from Ninewa, Salah al-Din, and Erbil Governorates. One million IDPs from the 2006-08 sectarian conflict remained as of 2014, presumed to be included in the total IDP figure nationwide.
Sectarian violence and the advance of Da’esh displaced Sunni, Christian, Shia, Yezidi, Turkmen, Shabak, and Sabaean-Mandean families (see section 1.g.). While some of the displaced fled to areas outside their districts of origin, lack of secure corridors and fear of looting made others decide to stay. The government urged civilians in Mosul to remain in their homes, attempting to limit possible displacement during the Mosul operations.
The government’s focus on military operations to expel Da’esh and address IDPs’ immediate humanitarian needs, strained official efforts to promote safe, voluntary return or local integration. This challenge required the government to balance attempts to assist IDPs while maintaining good relations with host communities, including addressing their concerns about security threats posed by IDPs. UNHCR and other international organizations noted there was no national policy on IDP returns to homes of origin. In September the Ministry of Displacement and Migration and IKR’s Ministry of Interior signed a Memorandum of Understanding to develop a coordinated approach on IDP returns and other IDP issues. The Ministry of Displacement and Migration’s strategy recognized local integration as a legal option for IDPs; although in practice, new IDPs arriving from Da’esh-controlled areas (the large majority of whom were Sunni Arabs) faced difficulties being accepted in KRG-controlled areas or in areas held by Shia PMF units. The government attempted to integrate IDPs into local populations but also encouraged families to return to their original homes, in some cases before the families were willing to return.
Government assistance focused on the provision of financial grants, but it made neither the initial nor the successive payments consistently, particularly with the downturn in the economy. Faced with the large movements of IDPs across the country, the government provided food, water, and financial assistance to many but not all IDPs, including in the IKR. Many IDPs lived in informal settlements where they did not receive adequate water, sanitation, or other essential services. According to the IOM, as of November, 17 percent of IDPs lived in shelter arrangements that did not meet minimal safety or security standards, and approximately 64 percent resided in private arrangements, including host family residences, hotels, motels, and rented housing. The government and KRG worked with the United Nations to expand existing camp infrastructure.
In June nearly 85,000 IDPs from Fallujah and surrounding areas fled military operations to expel Da’esh. The unexpectedly large number of IDPs fleeing in a short period of time initially overwhelmed assistance efforts. Since June military shaping operations in villages south of Mosul displaced nearly 131,000 civilians. Many of them fled to overcrowded IDP camps in Debaga and elsewhere. The government worked with UN agencies and NGOs to provide food, shelter, health care, water and sanitation, and other essential services to IDPs in camps and other informal settlements. The government provided many of the IDPs in the camps with basic household goods.
All citizens are eligible to receive food under the Public Distribution System (PDS); however, PDS was implemented sporadically and irregularly. Not all commodities were distributed each month and not all IDPs were able to access the PDS in each governorate. Since the price of oil has dropped, the functioning of the PDS has been even more irregular. Iraqis could only redeem their PDS rations at their place of residence and within their registered governorate, thus losing access and entitlement following displacement.
Persons who did not register as IDPs in their current places of residence sometimes faced limited access to services. Local authorities often determined whether IDPs would have access to local services. Through the provision of legal aid, UNHCR and other humanitarian actors assisted IDPs in obtaining documentation and registering with authorities to improve access to services and entitlements. The IOM reported that some IDPs faced difficulty with registration due to lack of required documentation and administrative delays.
While humanitarian assistance generally reached IDPs in most of the country, access to those remaining in Da’esh-controlled areas was limited. Humanitarian personnel continued to attempt to provide assistance in these areas, but security and movement limitations constrained aid delivery.
PROTECTION OF REFUGEES
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government established a system, albeit flawed, for providing protection to refugees. According to UNHCR, there were approximately 267,000 refugees in the country, most of whom are asylum seekers arriving from Syria, with smaller numbers from Iran and Turkey. The government generally cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees and IDPs in the country.
Refoulement: The government cooperated with UNHCR to prevent the deportation of refugees. UNHCR relocated refugees at risk of deportation to refugee camps or attempted to resettle them.
Employment: Refugees and asylum seekers are legally entitled to work in the private sector. Palestinian refugees, however, faced job insecurity when working in the public sector due to their ambiguous legal status; the government did not recognize their refugee status and did not allow them to obtain citizenship. Syrian refugees were able to obtain and renew residency and work permits both in refugee camps and in Erbil. Authorities, however, did not allow some Syrian refugees to continue their employment in refugee camps.
Durable Solutions: Ethnic Kurdish refugees from Syria, Turkey, and Iran in the IKR generally integrated well, although economic hardship plagued families and prevented many children, especially Syrians, from enrolling in formal school. Local integration remained the best and most likely option for the majority of Iranian Kurds. In September the KRG reported that approximately 60 percent of Syrian refugees in the IKR lived outside camps. Many worked in Erbil or found shelter with relatives in the IKR.
UNHCR estimated that approximately 50,000 stateless persons lived in the country, many of them Syrian refugees. Many nonrefugee stateless individuals had previously been citizens and had already begun the process of reacquiring nationality.
As of 2006, the latest year for which data was available, an estimated 54,500 Bidoun individuals living as nomads in the desert near or in the southern governorates of Basrah, Dhi Qar, and Qadisiyah remained undocumented and stateless. Prolonged drought in the southern section of the country forced many individuals from these communities to migrate to city centers, where most obtained identification documents and gained access to food rations and other social benefits. Other communities similarly at risk of statelessness included the country’s Romani population, the Ahwazi community of Shia Arabs of Iranian descent, the Bahai religious minority community, inhabitants of the southern Marshlands, members of the Goyan and Omariya Turkish Kurdish tribes near Mosul, and nationals of South Sudan, which had not established a diplomatic presence in the country.
Stateless persons faced discrimination in employment and access to education. Many stateless persons, particularly Baha’i, were not able to register for identity cards, which prevented them from enrolling in public school, registering marriages, and gaining access to some government services. Stateless persons also faced difficulty obtaining public-sector employment and lacked job security.