1. A spiralling crisis
The humanitarian crisis triggered by the mass exodus of refugees from the on-going and widespread violence in Iraq shows little sign of abating. In fact, recent estimates show this to be the fastest growing displacement crisis in the world with the number of those displaced now having reached 4.2 million(1) – 2.2 million internally displaced within Iraq(2) and over 2 million outside the country. The impact of such mass movement has resulted in an increasingly critical situation for host communities, notably Syria and Jordan, which can no longer be ignored. Unwelcome measures are now being taken by these neighbouring states to restrict the entry of Iraqi refugees as they become overwhelmed by a humanitarian crisis to which the world has thus far failed adequately to respond. More than four years after the US-led invasion of Iraq, stability and peace remain out of reach for the people of Iraq. The increasingly desperate humanitarian situation of Iraqis who have been displaced inside and outside their country has been largely ignored by the rest of the world, including states whose military involvement in Iraq has played a part in creating the situation from which millions of people have fled. Governments have paid lip-service to the needs of the Iraqi displaced, but real and on-going commitment to support them has not emerged to anything like the extent necessary to address this dire and deepening crisis. The extreme violence and instability propelling people to flee Iraq has resulted in the largest population movement in the Middle East since Palestinians were displaced following the creation of the State of Israel in 1948.(3) Unsurprisingly, such widespread displacement has had a profound impact within Iraq and for the political, economic and social stability of the main countries hosting these populations. The 1.4 million Iraqi refugees in Syria now comprise at least 7 per cent of the population;(4) in Jordan, an estimated 500,000-750,000(5) Iraqi refugees comprise around 10 per cent of the population.(6) Inevitably, both countries have been severely affected by the influx of Iraqi refugees, and the situation is worsening as the savings brought by many of the refugees run out. With government resources stretched to breaking point and pressure rising internally, measures are being taken that aim to curb the population flows. The Syrian government has recently introduced strict visa restrictions for Iraqis wishing to enter the country. While these have been temporarily suspended until the end of the month of Ramadan, when fully implemented they will effectively sever the last open escape route for Iraqis. The Jordanian authorities, meanwhile, are poised to impose new visa requirements that will regularize the current, already restrictive entry practice whereby the only Iraqis permitted entry are those who hold Jordanian residency permits, those wishing to enter for certified medical reasons and invitees to conferences. Despite this critical situation, the response of many in the international community, including states that participated in the US-led invasion and can be considered to have a particular obligation to address the humanitarian effects of their military action, has been inadequate. Relief, in the form of financial and other assistance and facilitating the resettlement of refugees, has not readily emerged. States have provided much less assistance than they could and should contribute, and many have not made any contribution to the resettlement of refugees. Worse, the authorities in some states have been prepared actively to put people’s lives at risk, including through forcible returns to Iraq, cutting off basic assistance to rejected Iraqi asylum-seekers while they remain in their countries, and revoking refugee status. Hope was raised earlier in 2007 when UNHCR convened a major conference in Geneva to make the international community aware of the crisis,(7) but tangible results are still awaited. The need for immediate support for Iraqi refugees and the countries that host them is unquestionable. The international community has a responsibility to assist these host countries in addressing and managing this crisis which is now, day by day, not only an Iraqi crisis but assuming the proportions of a domestic crisis in these countries too. Concrete and realized commitments to providing assistance to countries in the region, and resettling the most vulnerable refugees, are now more crucial than ever. Amnesty International is deeply concerned that without increased and long-term commitments from the international community, the lives of the displaced Iraqi population will become increasingly desperate as they struggle to meet their daily needs, including housing, food, employment and health care. There is a risk too that if unaddressed, the crisis situation could implode, further destabilizing the region and resulting in further human rights abuses. In July and August 2007 Amnesty International conducted a survey, through its offices worldwide, of responses to the Iraqi refugee crisis by selected countries with developed asylum systems outside the Middle East.(8) It also sent delegations to Jordan (March and September 2007) and Syria (June 2007) to assess the humanitarian situation faced by refugees in the region, and the impact this is having on these states. The troubling conclusion is that despite an increasingly critical situation, contributions from other countries aimed at sharing the responsibility of the crisis remain seriously inadequate. This briefing summarizes the findings of Amnesty International’s analysis of the response by the international community, focusing on a number of selected states. It also provides information on the situation in Syria and Jordan, the main host countries for Iraqi refugees. It includes recommendations addressed to the members of the international community that have a responsibility to respond to this crisis, highlighting the need to live up to their burden and responsibility sharing obligations and ease the strain on the countries currently bearing the weight of the crisis. "The truth is, I am someone who loves his country. I was forced to leave Iraq because of the bad security situation. In addition, there are no services, no electricity, no water, no security. I and my family and many other families were forced to leave. However, if the situation became only 50 per cent better tomorrow I would return." Interview with an Iraqi survivor of an abduction and torture, interviewed by Amnesty International in June 2007 in Syria
1.1 Scale of the problem
The number of people forcibly displaced by the violence and conflict in Iraq is at a record high. While there are no official statistics on the actual numbers who have fled, recent estimates suggest people are fleeing at faster rates than ever before. UNHCR recently predicted the number of newly displaced to be near 2,000 a day, equivalent to 80 an hour (day and night).(9) An estimated 4.2 million Iraqis have now been uprooted from their homes and lives as the violence gripping their country continues unabated. Some were displaced prior to 2003, but many have fled since then and their number is growing. Neighbouring Jordan and Syria, which kept their borders open to Iraqis for most of the period since the US-led invasion in 2003, have experienced the largest influxes and consequently face the greatest demands. It is now estimated that over 1.4 million Iraqis are in Syria(10) and the Jordanian authorities estimate that some 500,000-750,000(11) Iraqis are in Jordan. While tiny compared to the large populations hosted by Jordan and Syria, the number of displaced Iraqis in countries outside the region is rising. The number of Iraqi asylum-seekers in Europe rose to nearly 20,000 in the first half of 2007, equivalent to the number received in the whole of 2006.(12) In Germany, for instance, some 1,293 applications were received from Iraqis in 2004; 2,117 were received in 2006 and almost as many, some 1,922, in the first eight months of 2007. Denmark has seen 217 applications for protection received from Iraqis in 2004, 264 in 2005, 519 in 2006, and 693 in the first seven months of 2007. Sweden has seen perhaps the most marked increase, with a rise from 1,456 in 2004 to some 9,321 in the first six months of 2007. In Australia, there was an increase from 107 in 2005-06 to 207 in 2006-07.
1.2 Situation in Syria and Jordan
The willingness of Syria and Jordan to jointly host around 2 million Iraqi refugees is commendable and stands in contrast to the approach of other countries bordering Iraq, such as Saudi Arabia. The Saudi Arabian authorities have maintained a closed border to people attempting to flee from Iraq and have announced that the Kingdom will build a wall along this border for security reasons. As yet, the wall is reported to be incomplete but Saudi Arabian security forces are said to be deployed along the border with Iraq from Kuwait to Jordan in order to intercept those seeking to cross. Although Saudi Arabia’s interest in maintaining security measures at its borders is acknowledged, such measures must also allow refugees access to the country in line with international law. The lack of significant efforts by other countries to share the responsibility for protecting and assisting Iraqi refugees has resulted in Jordan and Syria initiating drastic measures to curb the large population flows. On 10 September 2007 Syria introduced visa restrictions for Iraqis wishing to enter Syria.(13) While a limited exception exists for certain professional categories,(14) the overall effect of this unwelcome measure will be a closed border for those needing to flee and obtain protection. Similarly, Amnesty International delegates were informed on their recent visit to the Jordanian capital Amman that the imposition of visa restrictions for Iraqis wishing to enter Jordan is imminent. If so, these new restrictions will further cut off Jordan as a safe haven. Earlier this year the Jordanian authorities introduced a severely restrictive border entry procedure whereby only those with residency permits or invitations for medical or educational purposes have been permitted to pass through the border. While neither Jordan nor Syria are parties to the main instruments of international refugee law(15) they are nonetheless obliged under international customary law and general human rights law(16) to observe the principle of non-refoulement and not return anyone to a situation where they would face serious human rights abuses. Implicit in this principle is the requirement not to reject people in need of international protection at the border. In the face of such large numbers of refugees, the need for international assistance to help host governments meet the needs of refugees is unlikely to diminish. As well, urgent steps are needed to develop more generous refugee resettlement programmes. The recent announcement by some of the countries contributing to the US-led Multi-National Force (MNF) that they will resettle translators and others who have worked with these forces, and who now face increased risks in Iraqi as a result, is a welcome development, but insufficient. Significant increases in the resettlement of Iraqi refugees, particularly those considered most vulnerable, are needed urgently.(17) During its three visits to Jordan and Syria in 2007 to conduct field research Amnesty International found a dire situation. Despite the impressive efforts of the Syrian and Jordanian authorities, local organizations such as the national Red Crescent societies, UNHCR and other international agencies, living conditions for Iraqi refugees appeared to be becoming increasingly desperate. The key findings of the research are described below.
1.2.1 Conditions in Syria
Today Syria hosts an estimated 1.4 million Iraqi refugees. The country has long been a place of refuge for Iraqis. During Saddam Hussain’s rule, thousands of people opposed to his government went into exile in Syria, including members of the current government of Iraq. While many Iraqis returned home following the US-led invasion in 2003, the number of Iraqis who have taken refuge in Syria has risen dramatically over the past four years. According to a survey by UN agencies, there were about 450,000 Iraqi refugees living in Syria at the end of 2005.(18) Just over a year later, by the first quarter of 2007, there were more than 1 million, an exodus fuelled by rising sectarian violence in Iraq, particularly after the February 2006 attack on the Shi’a holy shrine in Sammara. A shop owner from Baghdad AA, a 45-year-old shop owner, was abducted by armed men in civilian clothes on 23 November 2006 at about 11am in the Baiy’a neighbourhood of Baghdad. Two cars stopped next to him and he was pushed into one of them. He was driven to a house which he later identified as being located in the Hay al-‘Amel district of Baghdad. During the four days of his abduction he reportedly suffered various forms of torture. These included being beaten with a cable and a stick on various parts of his body; having electric shocks applied to his ears; and having holes drilled into his right leg. His back was also cut with a knife dozens of times – the scars were still visible when Amnesty International delegates met him about seven months after the incident. On the fourth day of his abduction, the building where AA was held was damaged in an attack by an armed group and AA was rescued. Members of the armed group checked his Sunni identity before arranging for him to receive medical treatment. After several months of recovery he fled to Syria. Like many Iraqi refugees, since his arrival in Syria AA has had to leave the country every three months to obtain a new visa on re-entry. This means in practice a brief return to Iraq at the Syrian-Iraqi border. However, AA is afraid to enter Iraq because he fears that members of armed groups – in particular, the Mahdi Army – are operating at the border. Rather than take the risk, AA prefers to stay illegally in Damascus. Interviewed by Amnesty International in June 2007 in Syria The vast majority of Iraqis in Syria reside in Damascus and its surrounding areas (Greater Damascus), many of them concentrated in certain neighbourhoods, such as Sayida Zaynab, where the majority of Iraqis are Shi’a, and Jaramana, where many members of Iraq’s religious minorities live. The number of Iraq’s non-Muslim religious minorities, such as Christians and people belonging to the Sabean/Mandaean community, continues to be disproportionately high among the refugee population. Over the past 18 months, non-Muslim religious communities have felt themselves particularly vulnerable in Iraq. They have been caught in the sectarian conflict between Sunnis and Shi’as but have been unable to obtain adequate protection from an Iraqi government that can barely function, and do not have armed groups of their own to defend themselves against militant Sunni and Shi’a forces. Scores of Christians and Sabeans/Mandaeans have been taken hostage and killed by armed groups in Iraq. In addition, a number of women from various communities have reportedly fled from Iraq to Syria because they were at risk of becoming victims of so-called honour crimes. Almost all of the Iraqi refugees interviewed by Amnesty International in Syria in June 2007 were recent victims of serious human rights abuses in Iraq and felt they had been left with no choice but to leave the country. They included Sunni Muslims who had been resident in predominantly Shi’a neighbourhoods in Baghdad or other towns and cities, and Shi’a Muslims who had lived in predominantly Sunni districts. All had been forced to leave their homes when their neighbourhoods were cleared through a process akin to "ethnic cleansing" by members of sectarian armed groups. Several refugees reported that they had left their homes after receiving threats from Sunni or Shi’a armed groups that they would otherwise be killed. The refugees also included members of religious and ethnic minority communities such as Christians, Sabeans/Mandaeans and Yazidis, who fled because of sectarian attacks. Some had been tortured when taken hostage by armed groups. Others reported that members of their families had been taken hostage and killed. A few, both men and women, said that they had been raped – mainly by members of armed groups. Rape of a pregnant mother from Baghdad In October 2005 early in the morning four masked and armed men forced their way into the house of a Sabean/Mandaean family in Baghdad. The children and their father were beaten and shackled while their mother, BB, was forced into another room. There, one of the men kicked BB, who was five months pregnant, in her abdomen and burned her left arm with a cigarette. Then the man raped her. He was apparently aware that BB was Sabean/Mandaean and reportedly said he wanted her to lose the baby. She lost consciousness and woke up in a hospital where she learned that her pregnancy had been terminated due to the injuries caused by the rapist. The family then fled to Syria. When Amnesty International delegates met the woman about 20 months after the incident, she was still receiving frequent medical treatment and traces of the burns on her arm were still visible. Interviewed by Amnesty International in June 2007 in Syria The Iraqis currently living in Syria also include many former members of the Ba’ath party and former military or security officials under Saddam Hussain, Shi’a as well as Sunni, who fled after he was toppled from power because they were targeted by armed groups. Others went to Syria because they feared they would be arrested by the new Iraqi security forces because they had served under the ousted Ba’ath party. Entry and legal status Until the end of 2006 Iraqis who entered Syria had their passports stamped at the border and were issued with a three-month visa. This could be renewed for a further three months at any Syrian Passport and Immigration Department office in Damascus or elsewhere. This changed at the beginning of 2007 when the Syrian authorities reduced the length of the initial visa to one month, with this visa being renewable for a further two months. Once a visa has been extended for two months and is about to expire, Iraqis are required to leave the country and obtain a new visa if they wish to re-enter. In practice, most travel to the border checkpoint to exit Syria, so obtaining an exit stamp, and then immediately re-enter, obtaining a new one-month visa (renewable for a further two months) when doing so. Some of those interviewed by Amnesty International stated that they feared to travel to the border crossing point because they believed that members of armed groups were operating just inside the Iraq side of the border and could pose a risk to them. Syrian officials told Amnesty International that a majority of Iraqis were staying in Syria irregularly, without up-to-date visas, but that this is tolerated by the Syrian government. Syrian officials acknowledged that a number of Iraqis had been forcibly returned to Iraq but said that the people concerned had been accused of committing criminal acts although they were not charged or tried. However, Amnesty International received information suggesting that Iraqi refugees who become or appear to become involved in conflicts with Syrian nationals are particularly at risk of being returned to Iraq. For example, an Iraqi man who fled to Syria after he was detained by the MNF and found work with a private company reportedly had an argument with a Syrian employee, who then complained about him. The Iraqi man was detained and taken to the Passport and Immigration Department where he was held for three days before he was reportedly deported to Iraq. Iraqi refugees also told Amnesty International that they were frequently forced to pay bribes to Syrian security officers when they were found without a valid residency permit or tenancy contract. Syria’s open-border policy to most Iraqis changed on 10 September 2007 when new pre-entry visa restrictions were imposed on all Iraqis wishing to enter, with a few exceptions.(19) While this measure has been temporarily suspended until mid-October 2007 during the month of Ramadan, it will require Iraqis to apply for a visa at the Syrian Embassy in the district of Al Mansour in Baghdad. This area continues to see frequent sectarian violence and UNHCR has been advised by Iraqis that their lives will be at risk if they are obliged to visit this district to obtain a visa.(20) According to UNHCR officials, as of September 2007 the agency had registered approximately 118,000 Iraqis.(21) Most of those recently registered are Sunnis, followed by Shi’as and Christians. Before the end of 2005, some 25,000 Iraqis were registered with UNHCR, but this number had increased to 40,000 by the end of 2006. Until the end of March 2007, Iraqis who registered with UNHCR received temporary protection letters from the agency that were valid for six months and then renewable. Since April 2007 UNHCR has recognized all Iraqis from the central and southern areas of Iraq as prima facie refugees, although they are still interviewed by UNHCR protection officers in order to establish whether they are genuinely from one of these regions. Iraqi asylum-seekers who come from any of the three Kurdish governorates in northern Iraq are considered by UNHCR on a case-by-case basis to determine whether they have a well-founded fear of persecution. Access to food, housing and employment A growing number of charities, Christian and Muslim, also distribute meals to needy Iraqi families. However, the humanitarian assistance provided by UN agencies and the few national and international non-governmental organizations (NGOs) that are still active in Iraq reach only a minority of the refugees. Many Iraqis interviewed by Amnesty International said they had received no food aid even though their savings were exhausted. One Iraqi woman said she had fled to Syria in November 2006 after her husband was kidnapped by an armed group in July 2006 and killed. She told Amnesty International:
1.2.2 Conditions in Jordan
There are an estimated 500,000 to 750,000(25) Iraqi refugees in Jordan, although no official statistics are publicly available and there is some confusion about the figures. The Norway-based Institute for Applied International Studies (FAFO) recently concluded a survey of Iraqi refugees commissioned by the Jordanian government, but the findings have not yet been made public. A radio manager from the South DD a Shi'a Muslim woman worked in southern Iraq as the manager of a radio station which provided a space for the voicing of different Iraqi opinions. Although DD and her colleagues received death threats and were targeted by insurgents because of this approach to broadcasting, they continued. In early 2006 DD left Iraq for business. While away she learnt that her cousin was taken by armed men from his home, tortured and killed. His body was found on the road with the word "traitor" written on it. DD did not return to Iraq as she was told that armed men had also gone to her home on the same day looking for her. Amnesty International delegates met DD in Jordan where she is registered with UNHCR and awaiting resettlement. She wants to go home to Iraq because she misses her family and her country, but now accepts that she may not be able to do this for a long time as armed groups continue to inquire about her. DD hopes to be resettled one day to a country where she can live safely and work legally. Interviewed by Amnesty International in September 2007 in Jordan. During the period of Saddam Hussain’s government, thousands of Iraqis took refuge in Jordan for political reasons or due to the economic hardship caused by the international sanctions on Iraq. Today, the majority of Iraqi refugees reside in Amman and its surroundings – many live in the eastern parts of the city where rents are cheaper. An imam and preacher (khateeb) from Baghdad, who was detained and tortured by US forces in 2003 and then by Iraqi forces in 2005 and, on each occasion, subsequently released uncharged, told Amnesty International about the situation and fears of Iraqi refugees in Jordan:
2. State responses to the crisis(28)
The generosity of Jordan and Syria in welcoming Iraqi refugees is placing a huge strain on their resources and may soon become unsustainable unless they receive increased and long-term support from other states. If the wider international community fails to meet its obligation to share responsibility with the main host countries there will be a deepening humanitarian crisis and greater political instability across the wider region. Already, the strain on the host countries is evident from the steps they have taken to effectively close off the most viable escape routes for most Iraqis at risk. It is more critical than ever, therefore, that other states recognize the moral imperative to stop the situation turning into a long-term humanitarian crisis, and that those that have the capacity to assist act upon their burden and responsibility sharing obligations. As the political debates in countries with direct involvement in the conflict focus on the appropriateness and duration of military intervention, the effect on the Iraqi people is not adequately examined, particularly the plight of the displaced. A survey by Amnesty International of action taken in the region and further afield shows not only a high degree of apathy by most countries surveyed, but also that some states are actively taking steps that are detrimental to the protection of people fleeing Iraq. Under international refugee law, a collective responsibility to share the burden of a refugee crisis is held by all states in the wider international community. Such an obligation attaches directly to states party to the 1951 UN Convention relating to the Status of Refugees (Refugee Convention). As clearly stated in the Convention’s preamble, "the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation". This commitment has been reaffirmed by states in recent years following UNHCR’s Global Consultation on International Protection process. Specific acknowledgement and affirmation of responsibility sharing as a key component of international refugee protection and international co-operation emerged in the conclusions of the final document of this 18 month process: the Agenda for Protection.(29) Further to this obligation, Amnesty International believes that states that participated in the US-led invasion of Iraq carry particular responsibilities to Iraqis that must be acknowledged and responded to with concrete, immediate and meaningful action. Despite some indications that these responsibilities would be upheld, the reality of action taken so far falls short of what is required. Furthermore, the continued use of negative measures such as forcible returns highlights that the suffering faced by millions of Iraqis is overshadowed by measures aimed at validating political actions.
2.1 Funding and pledges
2.1.1 Assistance given
While the response of some states in financial terms may at first glance appear reasonable, when viewed in light of the actual needs on the ground, they can be seen to be inadequate. Financial contributions provided by selected states include:
The USA has contributed US$17 million to the UNHCR 2007 supplementary appeal, and more recently to the education specific appeal and other appeals.(46) However, the strong commitments for continued and increased support voiced by its representative/s at the April UNHCR conference, where a figure of US$100 million in humanitarian assistance for Iraqi refugees and IDPs in 2007 was pledged, is understood by Amnesty International to have not yet fully materialized.(47) Early in 2007 Australia announced it would provide approximately US$5 million(48) to help support Iraqi refugees and IDPs, with approximately US$2.5 million(49) for UNHCR’s work in Syria and Jordan and approximately US$2.5 million going to the IOM for Iraqi IDPs.(50) Later, in May 2007, Australia stated it would provide US$18.8 million towards the reconstruction of Iraq and improving the lives of the Iraqi people in addition to the previous commitment of around US$144.6 million.(51) Australia also announced it has given US$2.3 million to the 2007 UNHCR supplementary appeal. At the April 2007 UNHCR conference Denmark announced that it would broaden its support for humanitarian assistance. From 2003 to 2008, over US$100 million has been programmed or spent in humanitarian and reconstruction assistance in relation to the Iraqi crisis. An additional US$17 million was committed to being spent through the UN and other international and Danish organizations, US$11.6 million(52) of this going to UNHCR’s supplementary appeal. The Netherlands has contributed around US$1.2 million(53) to the UNHCR supplementary appeal. At the April UNHCR conference it was announced that €1 million (about US$1.4 million) would be contributed to the ICRC. Germany has provided US$998,667 to the UNHCR supplementary appeal. The Ministry of Foreign Affairs pledged financial assistance at the April UNHCR conference and promised concretely €2.2 million (about US$3 million) for Iraqi refugees and IDPs. €1 million was promised to the ICRC and the same sum to UNHCR for projects for Iraqi refugees in Syria and Jordan. €205,000 was promised to the German Red Cross for their technical support of the Iraqi Red Crescent. In August the Ministry of Foreign Affairs stated that assistance for Iraqi refugees in Jordan and Syria as well as for IDPs in Iraq would be increased to a total of €4.1 million (about US$5.7 million) in 2007. The Minister for Development visited Syria on 28 August 2007 and announced that Germany would support Syria with €4 million to build schools for Iraqi children.(54) While the contributions and pledges made by all states, including the states highlighted above, are greatly welcome, Amnesty International is concerned that they fall significantly short of the estimates provided by the Jordan and Syrian governments. They also appear insufficient when set against the reality of the situation on the ground, the relatively low number of registered refugees and others who will benefit from UNHCR-raised funds, and the lack of any foreseeable end to the crisis. Consequently, Amnesty International considers that on-going and increased direct bilateral assistance is urgently needed for Iraqi refugees in the region and that this should take the form of financial, technical and in-kind contributions.
2.2 Resettlement
The complexity of the humanitarian situation currently faced by Iraqi refugees in the region and elsewhere means that no single solution will suffice. A variety of complementary approaches to responsibility and burden sharing must be utilized to assist and protect Iraqi refugees. One crucial component is resettlement. Resettlement to a third country, the process by which states accept refugees still in the region at the request of UNHCR or private sponsors, can and should play a key part in the international community’s response to the needs of Iraqi refugees. Resettlement serves a number of crucial roles in any refugee crisis: it protects by removing vulnerable people from environments where they are at risk; it offers a durable solution for the individuals concerned; and it represents an important expression of international responsibility sharing. Despite its importance, resettlement in general and specifically in relation to Iraqi refugees has received only a lukewarm acceptance from the international community. Resettlement programmes worldwide still affect only a small proportion of the world’s refugee population. For example, in 2006 a total of 71,700 refugees were admitted by 15 resettlement countries.(55) Although in recent years a number of new resettlement countries have emerged,(56) nine countries stand out as the main receiving countries of the world’s resettlement refugees.(57) In relation to Iraqi refugees, the small numbers are particularly concerning. Despite the continuing violence and increased numbers in flight, the number of Iraqi refugees resettled fell between 2003 and 2006. According to UNHCR, 1,425 Iraqi refugees were resettled to third countries in 2003,(58) compared to a mere 404 in 2006.(59) In addition to the broader issue of reluctance, practical obstacles stand in the way of resettlement becoming a solution for those in need. Some countries have announced additional resettlement places in the past year, but delays in processing cases and added requirements such as looking at how well an individual will integrate into the resettlement country or health restrictions, are of particular concern. While both UNHCR and states are involved in the resettlement process, referrals by UNHCR are not resulting in actual resettlements at the rate necessary to respond to the crisis.(60) Some national delegations have visited Jordan and accepted referred cases, but this process needs to happen more quickly. While resettlement affords states flexibility in the selection process, Amnesty International believes that the intended purposes of resettlement should remain in focus and not be overly influenced by political imperatives. Acknowledging that restrictions may in some limited circumstances be deemed necessary, aspects such as local integration potential and health benchmarks must not overshadow the role of resettlement as a protection tool and as a means to respond to refugee crises. Amnesty International acknowledges that states may need to undertake security assessments of potential resettlement refugees, but such assessments should be individualized and based on a thorough investigation, and not form blanket policies excluding particular age groups, for example. An interpreter from Baghdad GG is a 42-year-old Sunni woman graduate in business administration from Baghdad who was employed after the 2003 invasion at a liaison office established by the Coalition Provisional Authority (CPA). After she was elected in April 2004 to be a member of the municipality of a district in Baghdad she received threatening letters accusing her of collaboration with the US forces. In January 2005 GG fled with her husband and children to Damascus, but returned to Baghdad in May 2005. In July 2005 GG was abducted by a group of armed men while on her way to work. She was held for eight days during which she was beaten and insulted. After her relatives paid a ransom GG was released and left Iraq with her family. GG first took refuge in Jordan and Egypt before proceeding to Syria where she is working illegally as an interpreter. GG and her family were earmarked by UNHCR for resettlement, but their departure has been delayed indefinitely due to security checks in the potential host country. Interviewed by Amnesty International in June 2007 in Syria The resettlement approach to Iraqi refugees of some countries is as follows: At present Germany, a country with a population of over 82 million people,(61) does not participate in a resettlement programme for quota refugees of any nationality. While a political agreement was reached under the previous coalition government(62) that 500 refugees should be allowed access to Germany to obtain residence permits on humanitarian grounds, this appears to have ceased.(63) Amnesty International has also learned that the German authorities have no intention of participating in a programme for Iraqi refugees.(64) Currently Poland, a country of over 38 million inhabitants,(65) also does not operate a resettlement programme. However, in a recent interview with a spokesperson from the Ministry of Foreign Affairs in the Gazeta Wyborcza newspaper it was revealed that the authorities are considering resettling to Poland Iraqis working with Polish troops together with their families.(66) It was indicated that such a measure might be seen as viable as the individuals concerned could be exposed to attacks and be at serious risk because of their role in assisting Polish troops in Iraq. In recent years the UK, a country with a population of approximately 60 million, has agreed to participate in a resettlement project – the Gateway Protection Programme – with an annual general quota of 500.(67) While Amnesty International acknowledges that initial discussions about resettling Iraqis have begun, it urges the UK government to expedite the process so that concrete action can be taken soon.(68) Furthermore, Amnesty International believes the quota should be increased significantly and that Iraqis should be included at an increased rate as soon as possible. In August Prime Minister Gordon Brown agreed to review the cases of Iraqi interpreters who have worked for British forces in Iraq and who wish to apply for asylum in the UK. At a meeting of the Home Office’s National Steering Group on Gateway in September, officials from the Borders and Immigration Agency (BIA) indicated that they would be increasing their annual target for the number of refugees resettled in the UK through the Gateway Programme from 500 to 750. Officials said that most of the additional 250 individuals would be Iraqis and that the BIA will send a selection mission to the region. It was not made clear what the criteria for selection would be. The Netherlands, a country with a population of over 16 million,(69) also has a resettlement quota of only 500 a year.(70) Even though this quota has not been used for Iraqis since 2003, when 10 were received, it was announced that 125 places for Iraqis have been allocated for 2007. Amnesty International has learned that an identification mission has been sent to Syria to fill 100 places, and the other 25 cases will be taken from Jordan following an identification mission in September. Australia has traditionally been a welcome participant in resettlement programmes, and continues to perform this role with 13,000 new places annually being available for resettlement.(71) Australia has taken approximately 2,000 Iraqis a year over the past five years, and Amnesty International hopes the authorities will maintain this policy but increase its capacity given the extent of the crisis. The announcement that the resettlement programme for 2007-08 will see an increase in Middle Eastern refugees is welcomed. It is hoped that Australia will also continue to provide funding to UNHCR for its International Catholic Migration Commission (ICMC) partnered resettlement deployment scheme aimed at enhancing the staff capacity for resettlement of Iraqis in Iran and Lebanon. The USA has one of the world’s largest resettlement programmes and has historically accepted refugees from many areas of the world. However, despite the opportunity for up to 70,000 resettlement places a year,(72) the USA had been slow to respond to the Iraqi situation, resettling a mere 753 Iraqi refugees since April 2003.(73) During 2007 the USA initially committed to 7,000 referrals of Iraqi refugees. This number was later increased, according to public statements made by Ellen Sauerbrey, the Assistant Secretary of State, indicating that the USA could take up to 25,000 refugees in 2007. Despite these relatively positive indications, Amnesty International is concerned that the USA is trying to distance itself from these commitments. Amnesty International USA learned at a meeting in July 2007 with the Departments of State/Homeland Security that they expect up to 2,000 arrivals before 1 October 2007, the end of the fiscal year. Amnesty International has been informed that in August the USA took 540 resettlement refugees and 700 will leave for the USA in September. While the US authorities have indicated that the USA will accept more Iraqi refugees through resettlement than any other country, Amnesty International is concerned that the numbers proposed – whether 7,000 or even the increased commitment to 25,000 – are small compared to the extent of the need and the potential capacity of the USA, a country with a population of nearly 304 million.(74) In addition, the special immigrant visa programme (SIV), which allows entry for up to 500 translators from Iraq and Afghanistan, while a positive measure, should be significantly increased and expanded to include others who have worked with the MNF, media, international agencies and NGOs in Iraq, and who are under serious threat as a result. Canada, another traditional resettlement country, has indicated its intention to provide further resettlement places for Iraqis. Following the UNHCR-convened international conference in April, a commitment to an additional 500 referrals in 2007 was announced.(75) Amnesty International encourages Canada to live up to this commitment and welcomes the announcement that it is prepared to make a multi-year commitment for 2008. This is over and above the previous commitment to resettle 900 Iraqis in 2007.(76) However, Amnesty International is concerned about the high rate of private sponsor refusals, which stood at 70 per cent from Damascus in 2006, and urges the Canadian authorities to live up to their commitment to review this approach in light of the current crisis as soon as possible.(77) Brazil has emerged recently as willing to participate in responsibility sharing work through its commitment to resettle 107 Iraqi Palestinians from the desert camp at Ruweyshid (Jordan) from mid-September. These individuals will receive integration and assistance from UNHCR. Denmark participates in a resettlement programme with a quota of around 500 refugees a year.(78) However, only 10 Iraqis have been accepted as part of this since 2003, leaving much room for improvement.(79) Following lobbying efforts by Amnesty International Denmark, the Ministry of Refugee, Immigration and Integration Affairs indicated that the 100 places that remained for 2007 devoted to quota refugees in need of urgent help could be used for Iraqi refugees.(80) In addition, a review of the use of the integration potential requirement is needed. This requirement, which looks at the ability of the whole family to be well integrated into Danish society, has raised concerns for particular individuals in dire need of protection and a durable solution who may not be literate and thus find it difficult to integrate swiftly. The much publicized move by the Danish government to provide visas for around 300 Iraqis(81) who have been working for the Danish troops (and their closest relatives)(82) is welcomed. The asylum applications for these individuals are currently being processed and so far 59 have received protection in Denmark.(83) However, a firm commitment to protection through overall increased use of resettlement is strongly encouraged rather than relying on ad hoc visas for certain individuals. Sweden operates a resettlement quota that is generous by European standards but still falls short of what it is capable of and what is needed. Over recent years Sweden has taken quota refugees in increasing numbers. Some 890 people were received in 2003, 1,659 in 2004, 1,120 in 2005 and 1,600 in 2006. Included in these numbers have been Iraqis and an increase for 2007 is recognized. Some 91 Iraqis were resettled in 2003, 38 in 2004, 64 in 2005 and 79 in 2006. As noted, 2007 has seen an increase, with 170 Iraqis resettled in Sweden already this year. Sweden’s role in lobbying for increased use of resettlement throughout Europe is also acknowledged. The Minister for Migration and Asylum Policy has encouraged other countries in the European Union (EU) to share the responsibility for Iraqi refugees, including through increased resettlement. Resettlement of Iraqi refugees has the potential to be a key part of the solution to the crisis. However, states so far have made too few commitments for resettlement and the rate of processing cases and implementing resettlement has been disappointing. Moreover, many states have no resettlement programmes at all and appear resistant to them, while others have offered resettlement places well below their capacity. Still others have yet to honour commitments they made. Overall, resettlement needs to be taken seriously as a responsibility, not just an option, and real action must be taken immediately to ease the increasingly dire situation faced by so many.
Despite the well acknowledged deteriorating security situation in Iraq and huge outflows from the country, certain governments, including those involved in the conflict, are taking the extreme measure of forcibly returning people back to Iraq in the face of strong criticism.(84) Amnesty International has learned that states have either forcibly returned, or are attempting to forcibly return Iraqis to both southern and central Iraq and the Kurdish-controlled north. Amnesty International currently opposes all forcible returns to any part of Iraq due to the security and humanitarian situation, and the continued instability.(85) Some of the countries practising forcible returns are: The UK has been one of the key players in forcible returns of Iraqis. Among European states, the UK has returned the most Iraqis,(86) sending them to the Kurdish-controlled north, which they regard as "sufficiently stable for returns."(87) Despite the worsening security situation within Iraq, the UK is known to have forcibly returned four groups of rejected Kurdish asylum-seekers to Erbil in northern Iraq in November 2005, September 2006, February 2007 and September 2007 following the conclusion of a MoU on 30 January 2005. In addition, Amnesty International has been informed that other flights are planned to forcibly return further Iraqi rejected asylum-seekers. In addition, Iraqis who are denied any legal status are offered assistance to voluntarily repatriate through the IOM’s Voluntary Assisted Return and Reintegration Programme (VARRP). This package encourages people to return to their country of origin by presenting them with a relocation package of £1,500 (around US$3,000).(88) Combined with the concurrent general policy of stopping assistance and benefits for asylum-seekers who have reached the end of the asylum process, the voluntariness of such returns can be called into question. Troubling information has also emerged from Poland, where Amnesty International has learned that a forced return of one Iraqi took place to southern Iraq, an area almost exclusively agreed to be extremely dangerous. The Iraqi was accompanied by a border guard to Tallil, a village near the city of al-Nassirya, south of Baghdad in southern Iraq. Poland has also returned people to countries neighbouring Iraq. One person was forcibly returned to Amman in 2004, five were returned to Damascus in 2006, and so far for 2007, two people have been sent to Amman and two to Damascus.(89) Netherlands forcibly returned of least one individual in July 2006 to Erbil. In addition, attempts were made to return Iraqis to central and southern Iraq between February 2006 and April 2007. However, practical problems, including difficulties obtaining travel documents and receiving permission from transit countries, hampered these attempts. Since April, despite a general policy protecting Iraqis from return to south and central Iraq, people who are excluded from refugee protection under the exclusion clauses(90) can be returned to central Iraq, according to information received by Amnesty International Netherlands from the Secretary of Justice. At present, attempts are being made to forcibly return at least two such individuals, although legal and practical issues mean this has not yet occurred. In relation to northern Iraq, no such general protection policy exists, leaving open the possibility for further returns to a situation that Amnesty International considers is volatile and unsafe for returns. The Czech Republic has forcibly returned five individuals to Iraq. One was forcibly returned in 2005 and four were returned to Erbil in 2006. Iraqis attempting to reach Greece from Turkey by boat have been forcibly pushed back. Such a practice is unlawful in international law as rejection at the frontier breaches the principle of non-refoulement. Amnesty International Greece has also learned that an unwritten agreement between Greece and Turkey could see Iraqis from Evros in northern Greece returned to Iraq through Turkey.
2.3.1 Forcible returns on criminal grounds
Denmark recently forcibly returned four Iraqi asylum-seekers to the Kurdish-controlled northern region in Iraq. The individuals were expelled as they had been convicted of criminal acts.(91) The expulsions followed various negotiations with the Iraqi authorities in Baghdad and Kurdish authorities in the north aimed at allowing return of rejected asylum-seekers from Denmark. Sweden has also participated in forcible returns of Iraqis who have been convicted of serious criminal offences to Iraq via Jordan. Germany is forcibly returning both Iraqi convicted criminals(92) and those who are considered to pose a threat to Germany’s national security to northern Iraq, the latter category being people suspected of supporting terrorist groups but who have not been convicted in a court of law.(93) While there are no official statistics on such deportations, Amnesty International Germany has learned that at least four Iraqis have been deported to northern Iraq so far in 2007. Some of them belong to ethnic (Turkmen) or religious (Yazidi) minorities. At least one had reportedly been living since childhood with his parents in central Iraq (Baquba), although he was born in the Kurdish north, before escaping to Germany where he unsuccessfully applied for asylum. Belgium has not forcibly returned any Iraqis so far because of a lack of a bilateral readmission agreement, according to information received by Amnesty International. However, it is understood that the Belgian government may be looking to participate in joint missions to return Iraqis organized by other EU countries already forcibly returning people to Iraq. Amnesty International remains opposed to the forcible return of any Iraqi refugee or asylum-seeker to any part of Iraq as this forms a breach of the fundamental principle of non-refoulement. Furthermore Amnesty International opposes the return of any rejected asylum-seeker to Iraq. In Amnesty International’s opinion, at present no forcible returns of any individual should take place to any part of the country, including the Kurdish-controlled north.
Most states accept that the situation in southern and central Iraq precludes the forcible return of refugees, asylum-seekers or rejected asylum-seekers to these areas.(94) The continued forcible returns to northern Iraq fails to address the safety and sustainability of returns in the context of the political, humanitarian and security situation there.
2.3.2 Forcible returns to northern Iraq
Northern Iraq is relatively more secure than central and southern parts of Iraq. However, some parts of the northern region have been tense because of its diverse ethnic and religious population. There have been acts of violence pitching Arabs against Kurds or Kurds against Yazidis in several areas along the border between Kurdistan and Nineweh (Mosul) governorate. In addition, the situation in Kirkuk is very insecure and many people have been killed as a result of bomb and other attacks. Kurds, Arabs and Turkmen all claim that Kirkuk is theirs or that they are the majority in the city. As stipulated by Article 140 of the Iraqi Constitution, a referendum is due to be held at the end of the year to decide whether Kirkuk should form part of Kurdistan or not, and is widely expected to cause a further rise in tension and, possibly conflict which, if it were to occur, would have serious repercussions for the security throughout the north. The close link between the Kurdish region and the rest of Iraq is another important factor. The two main Kurdish political parties, The Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), are partners in the central Iraqi government and the leader of the PUK is also the president of Iraq. Much of the current insurgency is aimed at the central government and its agents.
UNHCR has expressed concern about the instability of the situation in the three Northern Governorates. In its Eligibility Guidelines for Assessing the International Protection Needs of Iraqi Asylum-Seekers, the agency stated in August 2007 that:
"taking into consideration the tenuous and unpredictable nature of the situation in the region and the possibility of sudden and dramatic change, the approach(95) outlined in these Guidelines for asylum-seekers from Central and Southern Iraq may likewise, at some point, have to be followed."
Furthermore, there are already thousands of IDPs from central Iraq in the North and this is putting a strain on the limited resources of the region and its ability cope with new arrivals. UN agencies have publicly express concern about the deteriorating humanitarian situation in areas where IDPs live.
Amnesty International believes that no individuals, including failed asylum-seekers, should be forcibly returned to Northern Iraq, due to:
The already strained resources of the three Northern Governorates and the increased strains any new arrivals would place on them.
2.4 Failure to protect and limiting assistance
One European state has developed a uniquely troubling measure in their treatment of Iraqi refugees – withdrawing their refugee status. Despite the on-going security situation in Iraq, since 2004 revocation proceedings have been used extensively in relation to Iraqi refugees who have sought and received protection in Germany during Saddam Hussain’s rule, with almost 20,000 revocations being launched by the Agency for Migration and Refugees (BAMF). From 2003 until mid-2006, 17,238 recognized Iraqi refugees had their status revoked. Many of those affected have brought legal proceedings against the revocations with the administrative courts. Currently, no statistics are available on the outcomes of these proceedings. If refugee status is revoked the person will generally be left without legal status in the country. Even if they cannot be forcibly returned they become dispossessed of basic rights such as the right to work and suffer reduction of social benefits. Measures are then taken to pressure them to leave Germany "voluntarily". In response to sustained campaigning by Amnesty International Germany, UNHCR and refugee supporting organizations, in May 2007 the Ministry of the Interior directed the BAMF to stop opening revocation procedures for Iraqi refugees who belong to religious minorities, including Christians, Mandeans and Yazidis, provided that they came from central or southern Iraq and did not have an individual flight alternative within Iraq. Furthermore, some groups of Iraqi refugees (Iraqis from Baghdad without flight alternative, women without family, families with minor children, sick and elderly people, and well-integrated Iraqis) are currently being spared with the order that revocation procedures should not be opened or, if already started, the procedures should "rest". However, both concessions will be reviewed in September 2007 and Amnesty International is concerned that this practice may return.
Recommendations
1. Governments of Jordan and Syria Amnesty International calls on the governments of Jordan and Syria: · To allow unrestricted entry to people fleeing Iraq in need of international protection, exempting them from visa requirements.
(1) UNHCR, Iraq: Rate of displacement rising, 28 August 2007.
(2) As of 24 June 2007. This figure includes those displaced prior to 2003, those displaced during 2003-2005, and those displaced after the first Samarra bombing in February 2006. UNHCR, Iraq Situation Update, 7 September 2007; UNHCR, Iraq: Rate of displacement rising, 28 August 2007.
(3) UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007.
(4) Of a total population of approximately 20 million (2007) according to UNFPA, State of the World Population 2007: Unleashing the Potential Urban Growth, 2007 accessible at http://www.unfpa.org/swp/2007/presskit/pdf/sowp2007_eng.pdf.
(5) Jordanian authority estimate as reported in UNHCR, Briefing Note Iraq: Rate of displacement rising, 28 August 2007.
(6) The total population of Jordan is 6 million (2007), according at to UNFPA, op cit.
(7) On 17 and 18 April 2007, UNHCR convened the International Conference on Addressing the Humanitarian Needs of Refugees and Internally Displaced Persons inside Iraq and in Neighbouring Countries at the Palais de Nations in Geneva.
(8) Some of these countries have been directly involved in the US-led invasion of Iraq while others have not.
(9) UNHCR, Iraq Situation Update, 7 September 2007.
(10) UNHCR, Briefing Note Iraq: Rate of displacement rising, 28 August 2007.
(11) Ibid.
(12) Ibid.
(13) This measure was temporarily suspended from mid-September 2007 apparently until mid-October 2007, over the month of Ramadan.
(14) UNHCR, New Syrian visa requirement halts most Iraqi arrivals, 11 September 2007, "Briefings from the Ministry of Interior, Ministry of Foreign Affairs and Immigration Department indicate that at present, visas are given for reasons of commerce (with the support of the Chamber of Commerce), science (with the support of the Chamber of Industry), transport and education. Discussions with the Ministry of Education indicate that families of children attending school may be issued a one-year visa, but this has not yet been confirmed."
(15) 1951 Convention Relating to the Status of Refugees or its 1967 Protocol.
(16) Including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
(17) While it is acknowledged that resettlement can only serve as one part of the solution and include only a small proportion of Iraqi refugees, it stands as an essential component of the needed response particularly for the most vulnerable and those who remain at risk.
(18) UNHCR, UNICEF, WFP, Assessment of the Situation of Iraqi Refugees in Syria, March 2006.
(19) UNHCR, Briefing Note: UNHCR fears for safety of fleeing Iraqis as Syrian visa restrictions bite, 11 September 2007, op cit.
(20) Ibid.
(21) UNHCR, Iraq situation update, 7 September 2007.
(22) This seems to be due to several factors. First, many Iraqi families are too poor to buy materials and uniforms that their children require to attend school and need their children to work, although they are not formally allowed to do so, to contribute to the family’s living costs. Secondly, many Iraqis arrived in Syria after September 2006 when it was too late to enrol their children in school for the 2006-7 academic year. Thirdly, many families left their homes in Iraq hurriedly to escape the spiralling violence without having the time or opportunity to collect important personal documents such as school and birth certificates. Consequently, they are unable to produce these records which are required when parents wish to register their children in schools in Syria.
(23) UNHCR, Iraq Situation update, 7 September 2007.
(24) UNHCR, UNHCR deputy chief urges Iraqi refugees to send children to school, 19 July 2007.
(25) Jordanian authority estimate as reported in UNHCR, Briefing Note Iraq: Rate of displacement rising, 28 August 2007.
(26) Interviewed by Amnesty International delegates in March, 2007 in Jordan.
(27) See "UNHCR hails decision to let Iraqi children attend school in Jordan", online at http://www.unhcr.org/news/NEWS/46c9c3fc2.html, last visited 6 September 2007.
(28) This chapter covers only selected states with developed asylum systems outside of the region.
(29) Although not a legally binding document, the Agenda has considerable political weight as it reflects a broad consensus on what specific actions can and should be undertaken to achieve certain agreed goals in refugee protection. Paragraphs 8 and 12 highlight the need for increased responsibility sharing among states and the Programme of Action further articulates this by setting out the specific goal of "Sharing burdens and responsibilities more equitably and building capacities to receive and protect refugees" (Goal 3).
(30) See, for example, Amnesty International, Iraq: The Situation of Iraqi refugees in Syria, an Amnesty International briefing, 26 July 2007 (AI Index: MDE 14/036/2007); Iraq: International support urgently needed to address spiralling refugee crisis (MDE 14/037/2007); JHA: Iraqi refugees need urgent EU action (MDE 14/024/2007); Iraq: a deepening refugee crisis (MDE 14/021/2007); Iraq: New humanitarian crisis looms as more than three million Iraqis displaced by war (MDE 14/022/2007); and Iraq: US, UK and other states must protect Iraqi refugees (MDE 14/006/2007).
(31) Statement by the representative of the Kingdom of Jordan at the April UNHCR-convened International Conference on Addressing the Humanitarian Needs of Persons inside Iraq and in the Neighbouring Countries, Geneva, 17 April 2007.
(32) The exact sum was US$256,810,000. Paper presented by the Government of the Syrian Arab Republic to the International Conference on Addressing the Humanitarian Needs of Persons inside Iraq and in the Neighbouring Countries, Geneva, 17 April 2007.
(33) IRIN, Iraq pledge to Syria fails to assuage refugees, 23 August 2007, accessed at http://www.irinnews.org/Report.aspx?ReportId=73895.
(34) The main objectives of the supplementary programme are to: 1. Ensure effective protection and assistance to vulnerable Iraqis who have fled and who continue to flee to neighbouring states; 2. Improve the delivery of protection and assistance to refugees inside Iraq and pursue durable solutions. 3. Provide focused and targeted assistance to the needs of the most vulnerable internally displaced persons and the communities hosting them inside Iraq; 4. Promote greater international attention and advocacy on behalf of displaced Iraqis and refugees in Iraq; 5. Update UNHCR’s regional contingency plan and its emergency operational plan, UNHCR, Supplementary Appeal Iraq Situation Response: Protection and assistance to Iraqi refugees in neighbouring States and to IDPs and non-Iraqi refugees in Iraq, January 2007.
(35) As of August 2007 US$92 million had been provided out of a $US123 million appeal.
(36) UNHCR/UNICEF Joint Appeal, Providing Education opportunities to Iraqi children in host countries: A regional perspective. July 2007. The appeal is aimed at 1. Expansion of educational infrastructures in the host countries; 2. Integration of school drop outs through community mobilization, particularly for girls and adolescents; 3. Outreach to poor and vulnerable families; Advocacy campaign to encourage Iraqis to enrol their children in schools, with a special focus on girls as well as children with special needs
(37) WHO, Iraq: Supporting the health needs of Iraqis displaced in neighbouring countries, 14 September 2007.
(38) Figure as of 30 August 2007. UNHCR, Iraq Situation update, 7 September 2007.
(39) UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007; UNHCR, Supplementary Appeal Iraq Situation Response: Protection and assistance to Iraqi refugees in neighbouring States and to IDPs and non-Iraqi refugees in Iraq, January 2007.
(40) The figure of 55,000-60,000 was given to Amnesty International delegates by UNHCR officials in Amman, September 2007. The 70,000 figure is based on UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007; UNHCR, Supplementary Appeal.
(41) UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007; UNHCR, Supplementary Appeal Iraq Situation Response: Protection and assistance to Iraqi refugees in neighbouring States and to IDPs and non-Iraqi refugees in Iraq, January 2007.
(42) Figures as of 30 August 2007. UNHCR, Iraq Situation update, 7 September 2007.
(43) Figure as of July 2007 according to UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007.
(44) £10 million.
(45) Since 2003, the UK has made a humanitarian contribution for Iraq of over US$254.3 million (£125 million.
(46) New assistance contributions have been announced for, among other things, the UNHCR-UNICEF education specific appeal, NGOs in the region and IOM. See United States Department of State, New funding announced: U.S. contributes $24 million for relief of refugees and displaced persons in the Middle East and Sri Lanka, 12 September 2007.
(47) While this figure may appear high, it is relatively small compared with other expenditure undertaken by the US government. For example, the US military expenditure budget for the fiscal year 2007 was set at US$439.3 billion. US Department of Defense, FY 2007 Department of Defense Budget, 6 February 2006 accessed at http://www.defenselink.mil/news/Feb2006/d20060206slides.pdf
(48) Aus$6 million.
(49) Aus$3 million.
(50) Australia has previously contributed approximately US$5.6 million to the UN and approximately US$3.3 million to IOM in order to support IDPs in Iraq, Media Release Minister for Foreign Affairs Alexander Downer, "Australia Provides $6 Million to Support Displaced Iraqis", 14 February 2007., www.ausaid.gov.au/media/release.cfm?BC=Media&ID=5949_143_8931_3402_778
(51) This brings the total support for Iraq to approximately US$163 million (Aus$173 million) since 2003.
(52) Figure as of July 2007 according to UNHCR, Iraq Situation Response: Update on revised activities under the January 2007 Supplementary Appeal, July 2007.
(53) Ibid.
(54) Federal Ministry for Economic Cooperation and Development, Wieczorek-Zeul pledges assistance for Iraqi refugees in Syria, 29 August 2007 accessed at http://www.bmz.de/en/press/pm/pm_20070829_97.html.
(55) UNHCR, Global Trends: Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons, 16 July 2007. Included in this figure are UNHCR resettlement refugees and possibly people resettled for the purpose of family reunification or other humanitarian programmes, for example in Australia, the USA or Canada.
(56) With the inclusion of Argentina, Benin, Brazil, Burkina Faso, Chile, Iceland, Ireland, the UK and Spain.
(57) USA, Canada, Australia, Sweden, Norway, Finland, New Zealand, Denmark and the Netherlands. See http://www.unhcr.org/protect/3bb2e1d04.html.
(58) UNHCR, Resettlement of Iraqi refugees, 12 March 2007.
(59) In 2004, 682 Iraqis were resettled and in 2005 the figure was 672.
(60) As of 31 August 2007 UNHCR advised that they had referred a total of 13,696 Iraqis for resettlement, including 5,031 from Amman, 4,903 from Damascus, 2,266 from Ankara, 1,138 from Beirut, 213 from Cairo and 145 from other locations. UNHCR, Iraq situation update, 7 September 2007.
(61) Total population of 82.7 million (2007), according to UNFPA, op cit.
(62) Coalition of Social Democrats party and the Green party.
(63) Despite the quota of 500 only 14 refugees from Uzbekistan were accepted according to this agreement in 2005.
(64) During a lobbying approach by Amnesty International Germany, the Federal Interior Minister stated that he was opposed to Germany participating in a resettlement programme for Iraqi refugees.
(65) Total population of 38.5 million (2007), according to UNFPA, op cit.
(66) Gazeta Wyborcza, Polski MSZ nie wyklucza, ze przyjmiemy irackich uchodzcow" ("Polish MoFA considers to take Iraqis refugees"), 27 July 2007. http://wiadomosci.gazeta.pl/Wiadomosci/1,80590,4343556.html
(67) Total population of 60 million (2007) according to UNFPA, State of the World Population 2007: Unleashing the Potential Urban Growth, 2007 accessible at op cit.
(68) The government has informed Amnesty International UK that discussion has taken place with UNHCR regarding the feasibility of possibly resettling some very vulnerable displaced Iraqis under the Gateway Protection Programme.
(69) Total population of 16.4 million (2007) according to UNFPA, op cit.
(70) From 2004-2007 the resettlement quota was set at 1,500.
(71) Some 6,000 of these places were for refugees and 7,000 were for the Special Humanitarian Program and initial Onshore Protection Grants and other humanitarian visas granted onshore.
(72) While the overall ceiling for total resettlement places has been set at 70,000, this has not been reached in recent years.
(73) 2006: 202 Iraqis resettled; 2005: 198 Iraqis resettled; 2004: 66 Iraqis resettled; 2003: 298 Iraqis resettled.
(74) Total population of 303.9 million (2007), according to UNFPA, op cit.
(75) This figure is part of an annual intake of refugees of 1,370 for refugees of all nationalities. UNHCR, Resettlement of Iraqi refugees, 12 March 2007.
(76) According to UNHCR, Resettlement for Iraqi refugees, 12 March 2007, "The 2007 Canadian targets for the Middle East – for all nationalities and not specifically Iraqis – are: • Damascus (which also covers Lebanon and Jordan): Government Assisted: 450 persons; Privately Sponsored: 500 persons • Cairo: Government Assisted: 300 persons Privately Sponsored: 450 persons • Ankara: Government-assisted: 400 persons Privately Sponsored: 40 persons. Canada has indicated that it may be able to increase its regional target but has made no official commitment to date. UNHCR is encouraging Canada to strategically use its Private Sponsorship Programme to increase the in-take of Iraqi refugees including the possibility of the visa officer referral (VOR) route. Canada has indicated openness to the use of simplified [Resettlement registration form] RRFs and expects to be selecting Iraqis into 2008 and 2009."
(77) Amnesty International Canada.
(78) Under an agreement with UNHCR as noted in the Danish Aliens Act §8.
(79) Four in 2003, three in 2005 and one annually in 2004, 2006 and 2007.
(80) This was following indications to this effect given at the April UNHCR conference in the Danish statement: "We agree that resettlement opportunities should be discussed and considered by as many countries as possible. Within the existing Danish resettlement framework, we have already decided to reserve a certain number of places for urgent cases, which also are available for Iraqis in urgent need of protection."
(81) As of 31 August 2007.
(82) Generally children and spouses. However, in some cases sisters, brothers and parents have been included.
(83) Under Article 7(2) of the Aliens Act.
(84) See, for example, Amnesty International UK, UK/Iraq: Amnesty warns against forcible return of asylum seekers to Iraq, 7 February 2007, Amnesty International UK, UK: Forcible return to Iraq would be unlawful, 21 November 2005.
(85) See below for Amnesty International position on northern Iraq.
(86) ECRE, Guidelines on the Treatment of Iraqi Asylum Seekers and Refugees in Europe, April 2007.
(87) ECRE, Guidelines on the Treatment of Iraqi Asylum Seekers and Refugees in Europe, April 2007, BBC News, Fear over Iraqis return from the UK, 21 November 2005.
(88) Telephone call with IOM, London, 5 September 2007. A £500 cash relocation grant is given pre-departure and £1,000 can be applied for within three months of arrival in the country of origin for the purposes of training, study, job placement or business.
(89) Information provided by e-mail, 3 September 2007, by Border Guard of the Republic of Poland (Straz Graniczna Rzeczypospolitej Polskiej) to Amnesty International Poland.
(90) Please note, they may still be protected against forcible return by for example, Article 3 of the European Convention of Human Rights.
(91) Information received by Amnesty International Denmark from the Danish police on 19 July 2007.
(92) For criminal offenders this is understood to be a minimum sentence being a fine of 50 daily rates which would mean a prison term of 50 days if the fine is unpaid.
(93) More widespread forcible returns are reportedly not occurring due to practical rather than security concerns.
(94) See also UNHCR, Return Advisory and position on international protection needs of Iraqis outside Iraq, 18 December 2006, states that (iii) "No Iraqi from Southern or Central Iraq should be forcibly returned to Iraq until such time as there is substantial improvement in the security and human rights situation in the country. UNHCR, in particular, advises against returns to the three Northern Governorates of persons not originating from there." Furthermore, while UNHCR does not specifically advise against forcible returns of rejected asylum-seekers to northern Iraq, a strict set of criteria is outlined for any such possible returns in addition to the statement that "(iv) [b]ased on the above [criteria], in relation to Iraqis from the Northern Governorates who are found not to have international protection needs, host States may consider allowing stay on a humanitarian basis." For further information see UNHCR, Return Advisory and position on international protection needs of Iraqis outside Iraq, 18 December 2006.
(95) "In view of the ongoing violence, conflict and human rights violations in Central and Southern Iraq, UNHCR considers Iraqi asylum-seekers from these areas to be in need of international protection. In those countries where the numbers of Iraqis are such that individual refugee status determination is not feasible, UNHCR encourages the adoption of a prima facie approach. In relation to countries which are signatory to the 1951 Convention relating to the Status of Refugees ("1951 Convention") and/or its 1967 Protocol, and have in place procedures requiring refugee status determination under the Convention on an individual basis, Iraqi asylum-seekers from Central and Southern Iraq should be considered as refugees based on the 1951 Convention criteria, given the high prevalence of serious human rights violations related to one of the five grounds. Where, however, such asylum-seekers are not recognized under the 1951 Convention refugee criteria, international protection should be afforded through the application of an extended refugee definition, where this is available, or otherwise through a complementary form of protection." Section 5 "Eligibility for International Protection" of this document for a discussion of the approach."
(96) UNHCR, Are Iraqis getting a fair deal? Refugees: Number 146, Issue 2, 2007.
(97) In 2005-2006, 105 Iraqis were granted asylum and in 2006-2007 there were 158 protection visas granted. Statistics show 107 Iraqis made applications in 2005-2006 and 207 in 2006-2007.
(98) UNHCR , Are Iraqis getting a fair deal? Refugees: Number 146, Issue 2, 2007.
(99) An exception to this rule exists for families with children.
(100) Amnesty International, Down and Out in London, 2006.
(101) Regulations made under Section 4 of the Immigration and Asylum Act 1999, as amended by the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, provide for support (in the form of vouchers) and accommodation to be available for rejected asylum-seekers who are destitute and are temporarily prevented from leaving the UK. They must satisfy one or more of the following criteria:
a) that they are taking all reasonable steps to leave the UK or place themselves in a position in which they can leave the UK; (this may include complying with attempts to obtain a travel document to facilitate departure; or where the individual has applied to IOM for assisted return under VARRP); or b) that they are unable to leave the UK by reason of a physical impediment to travel or for some other medical reason; or c) that they are unable to leave the UK because in the opinion of the Secretary of State there is currently no viable route of return available; or d) that permission has been obtained to proceed with a judicial review against a decision relating to the person’s asylum claim; or e) the provision of support is otherwise necessary to avoid a breach of a person’s human rights within the meaning of the Human Rights Act 1998. (This includes where the applicant has made a fresh asylum claim.)
(102) See footnote above.
(103) Generally, a year after entry to Germany an asylum-seeker whose claim has not been decided will get a work permit. This is conditional on the fact that no German seeking employment is able to take up the work the claimant wishes to take up. If an asylum claim is rejected the restricted work permit is normally withdrawn.
(104) In a first asylum procedure.
(105) International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 12; Convention on the Elimination of Racial Discrimination (CERD) Article 5(e)(iv); CEDAW Articles 12 and 14(b); Convention on the Rights of the Child (CRC) Articles 24 and 25; Migrant Workers’ Convention Article 28
(106) ICESCR Articles 13 and 14; CRC Articles 28 and 29; ICERD Article 5(e)(v); Migrant Workers’ Convention Article 30
(107) ICESCR Article 11; CEDAW Article 14(2); CRC Articles 16(1) and 27(3); ICERD Article 5(e)(iii)
(108) IC
