Shedding light on violations committed against displaced persons in iraq

Shedding light on violations committed against displaced persons in Iraq (August – December 2014)

Report compiled by Al Mesalla Organization for HR development In collaboration with PAX December 2014

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Index Contents Introduction ............................................................................3 I. Pre Displacement violations (before summer 2014) .....................4 II. After Displacement violations (after summer 2014) ................... 10 III. Future of displaced persons (migration and return) ................... 17 IV. Key Conclusions ............................................................... 20 V. Recommendations............................................................. 22

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Introduction Since the beginning of 2014, thousands of Iraqis from different provinces have been displaced. The displacement flux started with thousands of Iraqis whom fled from Anbar province as a result of the tragic situation in Falluja city due to combats between armed groups and the Iraqi government. The majority of the population had to flee towards the safe provinces in the Kurdistan region of Iraq.

After the domination of the Islamic state in Iraq and Syria (ISIS) upon the Ninewa province on June 9th 2014, waves of displacement occurred and reached a peak as ISIS took control of Sinjar, Talafar and Ninewa plain. According to unofficial statistics, the number of displaced persons has reached two million individuals, in Kurdistan region of Iraq, most of them are from religious and ethnic minorities.

While most of the displaced persons are originating from Yazidi, Turkman, Christian, Shabak and Kakai minorities, there are also large numbers of Sunni Arabs whom have fled from Anbar and other areas of around Mosul, Diyala and Kirkuk, while Kurds have been displaced from Mosul and Ninewa plain and other areas in Diyala, and Shiite Arabs fled other areas of Mosul and other provinces.

Refugee populations including Palestinians and Kurds from Turkey were also displaced from Mosul and Makhmour camp.

In September 2014, Al Messala Organization for HR development, in collaboration with PAX, trained 25 young volunteers on documentation skills. Those volunteers, representing religious and ethnic minority groups deeply affected by the waves of displacement, were requested to conduct interviews with displaced persons settled across the Kurdish Region and document rights‟ violations that have been occurring. Documentation was conducted according to an interview form provided to the volunteers.

The volunteers initiated the field work and this report is an outcome of the interviews and documentation conducted by the young people. Beside individual interviews, case studies were also used as a tool for the preparation of this report.

This report aims to document rights‟ violations that were committed and are still committed against displaced Iraqis by various entities. It investigates violations that have occurred before the displacement, violations committed during the disShedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

placement as well as violations committed following to the displacement. It also investigates the fears that may exist in regards to the return of the displaced communities to their original place of living and other concerns that may arise in the post resettlement period.

At the end of this report are featured recommendations and proposals that may contribute to bringing justice to the victims of violations and decrease fears and risks linked to the return.

I. Pre Displacement violations (before summer 2014)

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

The majority of displaced persons are belonging to minority groups who reside in the disputed areas. Disputed areas are defined in the Iraqi Constitution, particularly in the Article 140, they are disputed between the regional and the federal government. Since the era of Saddam Hussein, people living in those areas were confronted to a series of rightsâ€&#x; violations which included assassinations, forced displacement and settlement, identity conversion and Arabization.

After 2003, the status of these areas was not settled due to ongoing combats between armed groups and the US Army, conflicts between armed groups, the Kurdish Regional Government and the Federal government.

Besides the displacement of minorities, there were thousands of Sunni Arabs from different regions whom were displaced. Thousands of them were displaced at the end of 2003 and at the beginning of 2014 from the city of Falluja and then the province of Anbar, while in June 2014 hundreds of Sunni Arab families fled from Mosul, Salahadin, Diyala and Anbar provinces. Those provinces are counted as hot zones since the toppling of Saddam Husseinâ€&#x;s regime and the American intervention in 2003 as armed groups insurrected against the American army and the Iraqi government in these areas. Armed combats, explosions, kidnappings, assassinations, arbitrary detentions, imprisonments and all types of human rights violations were committed; those practices were coupled with the negligence of implementation of development projects leading to growing unemployment and poverty in these areas.

A. Christians Christian of Iraq from different areas have been confronted to various types of violence, assassination, kidnaping, internal displacement, immigration, segregation, demographic change in their own areas, church and monastery destruction and bombing.

Statistics indicate that more than 850 Christians were murdered in the period from 2003-2013 from different parts of Iraq, more than 2000 were kidnapped; around ten Christian families leave Iraq immigrating to other countries per day.

The majority of Christians from different parts of Iraq fled towards the Ninewa plain specifically to Qaraqosh and the Kurdistan region of Iraq. Some unofficial statistics show that 6110 Christian families fled to villages and towns of Ninewa plain while some other statistics show that in the period between 2003 and 2013,

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

there were 325,000 internally displaced Christian persons. According to some reports, in 2003 only, 13 Christians were murdered in different parts of Iraq.

The issue of demographic change in Christian areas in Ninewa province was not occurring only before the takeover by ISIS. Attempts of demographic change were conducted by some Shiite entities especially and intensively in Bartella who were benefiting from the poverty and the high unemployment rate in the area which led Christians to sell their properties to Shiite families. Coupled with other conflict issues between Kurdish entities and Christians, Christian families progressively left towards Iraqi Kurdistan.

The dilemma has become greater after the takeover of Ninewa province by ISIS in June 2014. In the very beginning of ISIS domination on Mosul, only 3 options were offered to the Christians living inside Mosul: conversion to Islam, pay jizya or be killed. Christians preferred to flee to a safer place. Christians of Qaraqosh as their town was taken by ISIS in August 2014 also fled towards Erbil. According to unofficial statistics, more than a hundred thousand Christian families were displaced following to the control of ISI over Ninewa. They settled in the Kurdistan region, Kirkuk, Baghdad and in southern provinces. Other families decide immigrate to other nearby countries: Jordan, Lebanon, Turkey and some European countries.

ISIS has demolished churches of Christians in Mosul and has taken important manuscripts from churches in Qaraqosh and Ninewa plain.

B. Yazidis Yazidis of Iraq and particularly Ninewa province have been facing the cruelest ways of genocide and crimes which were committed by members of the Islamic state in Iraq and Syria (ISIS).

Crimes against Yazidis have historical roots. They were victims of genocide at several times in history. In the former regimeâ€&#x;s era, before 2003, the regions inhabited by Yazidis, especialy Sinjar, were neglected, villages were destroyed and the areas were Arabized: in the plea of implementation of the Aljazera irrigation project, the former regime expelled large numbers of Yazidis and replaced them with Arab tribes. The administrative structures of the area were revised and the marginalization of Yazidis was organized in order to impoverish the population.

Sinjar has become one of the poorest districts of Iraq after 2003 and suicide cases; poverty and illiteracy have widely spread across the area.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

After 2003, Yazidis became victims of identity based murders, kidnappings and bombings in which hundreds of Yazidis were killed. Their youth became workers looking for jobs in different parts of Iraq; many of them were kidnapped and killed only for being Yazidis.

On the 2nd of August 2014, Yazidis of Sinjar and its outskirts have faced the cruelest crimes against humanity committed by ISIS in which thousands were displaced, thousands were killed and hundreds of women and children were kidnapped. The latest report of the Iraqi Independent Commission for Human Rights declared in Baghdad on December 29th 2014 that the estimated number of missing Yazidis in result of ISIS operations is around 3583 individuals, among whom 1597 are women and 1986 are men. However, Yazidi civil society activists are estimating that numbers are larger than that. Hundreds of Yazidis were killed in Kocho village and other areas. Half a million Yazidis were displaced towards Kurdistan Region‟s provinces and towards other areas in and outside Iraq, like Turkey and Syria.

The story of kidnapping and human trafficking of Yazidi women is the largest and latest crime committed towards the Yazidi community in the 21st century. A crime committed by an armed group against a group of kidnapped women who were raped and trafficked which is justified by the perpetrators by the fact that victims are unbelievers.

C. Shabaks Shabaks have suffered from a large share of violations during the former regime‟s era, before 2003. In the 80‟s, as part of the Arabization policy, hundreds of Shabak families were expelled from Niniwa province and forced to settle in Erbil, Sulaimaneya and Duhok provinces. After 2003, assassinations, abductions and discrimination continued against Shabaks. In 2013 only, more than 40 Shabaks were killed by armed groups, according to some reports.

Shabak villages lie on the Ninewa plain. Lately, due to the lack of administrative structure renewal there were temptation to wards shabaks and Christians in Ninava plain especially there was rumors about some shiaa entities supporting some shabaks (Sgiaa Shabak) which had its own role in that.

After ISIS took over Ninewa, according to some sources, some shiaa Shabaks were kidnapped and killed and the rest of the community fled towards the Kurdistan region. According to some statistics, there are around 500 Shabak families in Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Erbil and 6000 families in Duhok province. Others fled to Sulaimaniya, Baghdad and southern provinces.

Shabak in terms of religious belief are divided between Shiite and Sunni. According to some sources, the Sunni Shabak families are still living in ISIS controlled territories.

D. Turkmen During the rule of the Former Regime, before 2003, Turkmen have suffered from the Arabization policy, displacement, assassination and imprisonment. After 2003, they were confronted to violations of their rights committed by both Kurdish and Arab authorities. According to previous reports, it is estimated that the number of Turkmen who were killed between the years 2003-2014 before the ISIS crisis reaches 2000 individuals as result of explosions, murders and abductions.

After ISIS took over Ninewa province, especially as Tallafar district and Bashir, the turkmani village in Kirkuk province fell in ISIS grasp and following to the siege on Amerly sub-district, Turkmen suffered the cruelest types of violations including: murdering, abduction, displacement and forced settlement. Some reports refer to half a million Turkmen displaced after attacks on Tallafar, Bashir, Amirly, Sadiya, Tuz Khurmato and Sulayman-Bag. Turkmen have fled to Kurdistan regionâ€&#x;s provinces, Kirkuk, Baghdad and southern provinces. Besides massacres committed in which dozens of civilians were killed, many Turkmen women have been abducted and are still held by ISIS. E. Kakais After ISIS took over Mosul and some areas of Kirkuk and Salahadin province, Kakais were victims of a large number of violations, similarly to other minority groups. The population of all Kakai villages settled along the border of Mosul province fled towards Erbil and Kakais living between Kirkuk and Tuz Khurmato and in villages on the outskirts of Daquq fled towards Sulaimaniya and Kirkuk.

ISIS bombed Kakais shrines and monasteries in Mosul province.

F. Sunni Arabs After 2003, the conditions of Sunni Arabs have changed a lot. Their territories have become a conflict zone where attacks against the US army and the Iraqi government were conducted. Their areas became the foyer of radical armed groups.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Hundreds were killed and thousands were displaced to different regions of Iraq especially to the Kurdistan region. By the end of 2013, following to military combats in Anbar province, in Falluja district in particular, thousands of families were displaced. Shaqlawa district in Erbil province is currently hosting nearly 7000 families from Falluja.

Hundreds of Sunni Arab families from Mosul, Salahadin, Diyala and the outskirts of Baghdad have fled to Kurdistan region after June 2014.

Sunni Arabs in Iraq is not a simple story. Before 2003, the Former Regime in Iraq was the protector of Sunni Arab interests, but after 2003 their territories turned into a conflict zone. Some Arab tribes living in the conflict areas brought their support to ISIS after June 2014 and fought against Kurds in the areas of Makhmour, Mosul, Kirkuk, Diyala and Salahadin.

Relationships between Sunni Arabs and other community groups have strained following to the take-over of Mosul by ISIS, including with Kurds, Christians, Yazidis, Shabaks, Turkmen and Kakais. They are accusing Sunni Arabs of being behind the killings and abductions which led to en-masse forced displacement of populations as they were the neighbors that supported ISIS. Of course the tragic relationship between Sunni and Shiite Arabs in Iraq history and in present time has not stabilized since 2003 as indicated the bloody numbers.

The issue of Sunni Arabs is complicated as one side they are victims of violence and terrorism and also had to flee to save their lives and at the same time, some Sunni Arabs supported ISIS.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

II. After Displacement violations (after summer 2014)

After displacement occurred during the summer 2014, displaced minorities continued who fled from different areas continued to suffer from bad conditions. Despite immediate rescue operations and transport organized to safe zones, although still many victims were deplored, violations of rights of displaced communities continued and were witnessed in other forms after the displacement occurred.

Bellow, we attempt to shed light on the most prominent violations that are occurring against displaced persons.  Arrival to safe areas in the Kurdistan region Every individual who arrived in Kurdistan is a displaced person but each one has his own story about the reason of his arrival to Kurdistan.

Erbil was nominated as the capital of tourism in 2014 and it was preparing for a busy tourism season from the first day of 2014. But suddenly the political and seShedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

curity circumstances changed the equation, in which most attractive places for tourism in Kurdistan turned into shelters for displaced persons. For instance in Erbil, the tourism city Shaqlawa has turned into a huge refugee camp for displaced persons coming from Falluja and Anbar. According to official statistics, the numbers of displaced currently settled in Shaqlawa is more than the number of original people living in the district. „A.A‟ is an Arabic young man from Falluja who fled to Shaqlawa: “We arrived in the beginning of 2014 to Shaqlawa and faced no issues with the Kurdish authorities. They have welcomed us and provided accommodations for residence in Shaqlawa and we obtained residency approvals. We were displaced due to unfair sectarian policies of the Iraqi government and because of military operations conducted in Falluja. We have been living in good conditions here, but after ISIS took over Mosul, things changed a little bit for us. The number of displaced persons has considerably increased and since Peshmergas have started fighting ISIS, the view of people has changes towards us, which is normal.”

In Dohuk „S.K.‟ explains: “We fled along with local people from Sinjar on August 3rd 2014. We lost many relatives who have been either killed or kidnapped by ISIS. Or perhaps they are hiding in shelters to save their lives. We lost children and elderlies during displacement. Now we are settled in Duhok. Others have settled in Zakho, Sharya, Khanke, Akre, Erbil and Sulaimaniya. We even have relatives who fled to Turkey. No one stopped us from entering Kurdistan, fellow locals in Duhok embraced us.”

Khalid Rasho Qasim, he is 41 years old. As he was sharing his story and said: Our life before displacement was poor as well, we are poverty family, because our in our family we have 5 disables and diseases. I had to work very hard to provide for them medicines and feed them.

After ISIS attack Sinjar we escaped to the mountain, we stay there for more than 8 days. At that time summer and very hot weather, it was horrible situation. We didn't have food and water. Many people died due to lack of water and food.

For my case it was much difficult that other people, because I had to transport my family members and I don‟t have car.

My wife (Laila), who was born 1974, as you sees her, she has disease and there is no way and hope she will be fine again. The disease her called Elephantiasis, we took her to Turkey for surgery and it was without benefit, one of the parliament Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

member, thanks for her (Amina Sa'eed) she paid for the fees of surgery which was about 37,500,000 Iraqi dinars. Due to lack of income and money to follow-up with doctors and medicines she used to be like now as in very bad health condition.

My son (Kaniwar), 11 years old and he is mad and disabled, in addition he is suffering from lack of seen from distance or far. Also he can't walk and move due to polio.

Mother was crying and her tears on her cheek and said: My son needs a needle for monthly treatment, the price of one needle $ 400 and we do not have $ 4 now.

My husband was plotting this amount every two months when we were in our home in Sinjar, but now we can't do anything, I'm waiting for my death as you see me and my son.

Grandfather and grandmother are leaving with this family. Both of them have diseases. The grandmother suffering from thyroid gland and memory loss.

Grandfather is suffering from fatty bags found in the neck needs to be emergency surgery. They are asking for help from everyone.

They are 10 members in the family. The head of this family was saying we don't have any hope for the future because we are in terrible situation. I'm sharing my story with you; please share it with people around the world. Don't forget we are not only one who live like this situation; here there are thousands of families like us.

Kh. E she is 15 years old from Sinjar, she shared her story and said: I was at home with my family at August, suddenly we heard shooting inside our village – Kocho village. People were running away randomly. We wanted to escape as well, but in the middle of our way ISIS controlled that area and they arrest us. They took as back to our village and asked to convert to Islam. They separated men form women and child from mothers from three sides and near each other by 40 to 50 miters.

Men they refused to convert the religion and ISIS started killing them by shooting on them in front of us. Child crying and women shouting was a tragedian image and situation.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

ISIS killed all my families' members in front of me. I had 3 brothers, mam and dad.

As women and girls we were about 40 women and girl. ISIS took us to Talafar and they put us one big hall.

After one day they took many of us including me to some empty houses one by one and they started rapping us.

I faced rapping about 6 times by 6 different ISIS members. Some of them they were not Iraqi and they were talking broken Arabic. I was suffering from bleeding of my body because of rapping. After 2 months I manage to escape at the night were ISIS in that area were busy with fighting with Peshmarga.

Reaching the safe land in Kurdistan region after fleeing from ISIS was not difficult for Christians. Hundreds of Christians entered Kurdistan with no obstacles. „J.A.‟ is a young displaced Christian man from Mosul currently living in Dohuk, he says: “We fled to Dohuk in group and faced no complications in regards to Kurdish authorities. They facilitated the entry process. But concerning the security procedure, there are of course some checkpoints which were more concerned about young single people crossing rather than families”.

Concerning minorities, they found shelters and places to settle in the same areas where minorities living in the Kurdistan region live. For instance, Christians moved to Ainkawa district in Erbil which is inhabited by a majority of Christians, as well as Koya and Shaqlawa. Some also moved to Dohuk and Sulaimaniya.

Most Yezidis fled towards Dohuk particularly to the towns of Sharya, Khanke, Baadri and Shekhan which are all Yezidy areas in Kurdistan.

Shiite Turkmen and Shite Shabaks have fled to Kurdistan not to settle there but to be able to travel towards Baghdad and the Southern Iraqi provinces which are mainly Shiite. Many traveled through Erbil airport or by road from Erbil through Sulaimaniya, Diyala and then Baghdad.

Generally, entering Kurdistan region for displaced persons was easy but it has become complicated for Sunni Arabs after the fall of Mosul, particularly after the KRG declared war against ISIS in August 2014. Some complaints by Sunni Arabs living near the checkpoint between Erbil and Kirkuk were received: “We are asked to present a sponsor to enter Erbil but we do not know anyone who can help in this regard in order to facilitate the process.” Some are paying money to Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

enter and others have relations with Kurdish political officials to enter the safe zone but poor people cannot enter”.

At the end of 2014, the process of entering Erbil has become very difficult for displaced persons, especially after the bombing which occurred at the end of November 2014 in front of Erbil Governorate Building. Therefore, displaced persons from other provinces especially from Diyala and Anbar do not move to Kurdistan region anymore, they move to Baghdad or other provinces. Lately, the number of displaced persons in Kirkuk has increased reaching over half a million according to statements made by officials in Kirkuk. Based on some Kurdish sources, there are concerns about the increase of the number of Arab refugees in Kirkuk especially in relation to the destiny of the article 140 of the Iraqi Constitution.  Refugees and access to services This huge wave of displacement comes at a time in which the Kurdistan Region is experiencing one of its most difficult economic crises since 2003. The region was proud of being distinguished as a strong economic center throughout 2003 to 2013 in Iraq and at a larger regional level. At the start of 2014, a financial crisis emerged due to disagreements with the Government of Al Maliki in Baghdad on oil issues and conflict upon money, power and independency.

In January 2014, the Iraqi government decided not to provide to KRG its share of the Iraqi budget, thus it has impacted the political, economic and social life. The economic deflation has translated in a downturn of economic activities. The Regional Government was not capable of paying the salaries of its employees. Although some agreements were found in the course of the year, by the end of 2014, the regional government had not yet paid the salaries of November and December.

The relationship between Erbil and Baghdad also impacted host communities sheltering displaced persons. Host communities became incapable of supporting the displaced persons following to the economic crisis while every effort was made to stretch relief and support. On another hand, the view of the host community changed towards the displaced community, especially when it comes to Arabs. Some cases occurred in which local media and the local community demanded to expel Arab displaced and refugees from the Region. One young Kurd published on the internet: “We help Arab displaced communities and the Central Government is cutting off payments, this is an unfair situation and we have to react to this in the same way”.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Across the three provinces of the Region, it is estimated that there are one and a half million displaced persons who settled there. Compared to the population of the Kurdistan region which does not reach five millions, the estimated number of displaced persons reaches about a quarter of the total population of the Kurdistan Region.

All points mentioned above impacted on the rate and quality of services presented to the displaced persons. As a result it led to diverse rights violations against them. In the start of August 2014, all streets, highways, neighborhoods, unfinished buildings, schools, mosques, monasteries and markets of cities, districts and sub-districts in Kurdistan were filled with displaced persons to the point that Dohuk Governorate declared the state of humanitarian emergency in the province. The KRG declared that its current economic situation is not allowing the provision of much support to the displaced.

Displaced communities were not all able to have access to adequate shelters until now after many months that have passed:  Many displaced persons are still living in unfinished buildings and places of worship houses.  Despite demands presented to the KRG and the Iraqi Parliaments to provide displaced in Kurdistan in particular with cabinets to protect them from the cold fall and winter season, these demands have not yet been responded to. With each drop of rain, the conditions of displaced persons turn worse.  Displaced minorities are meeting particular shelter issues. They often prefer to stay in places of worship rather than in camps. For example Christians in Erbil prefer to stay in churches of Ainkawa district. According to a statement from „R.M‟, a Christian settled in Erbil: “We prefer to stay outside of camps because camps are for all and there is no space to keep religious, social and cultural privacy for the components, therefore we prefer to stay in churches”.

Besides the shelter issue, there is a large lack of other services like food and non-food items, health, education and water-sanitation structures, etc.  On the financial side, the Iraqi government decided to provide one million Iraqi dinars to each displaced family in addition to other kinds of supplies.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

A committee was assigned, headed by Salih Al Mutlaq, the deputy prime minister, to manage the displaced file. Despite a quick start to distribute the financial compensation to displaced families, according to a report disclosed by the displaced persons‟ committee of the Iraqi parliament, the implementation was not successful. There are suspicions of corruption in the work of the committee and a lack of seriousness. According to an Al Mesalla supervisor, some families claimed they have received only 300 thousand dinars or less.  Concerning food items, although WFP is in charge of food distribution with the assistance of local and international organizations, many displaced families have not received supplies, especially those settled outside of camps.  Some displaced families explained that there is a focus on distributing supplies to Christian and Yezidi families in particular while other components have not received supplies as needed. An official Shabak representative in Erbil province explains: “There are more than 500 Shabak families in Erbil. Half of them have not received supplies and most of them have only received small portions that last for two weeks”.  Health services are very bad for displaced persons, despite the availability of health units in some camps and the efforts of non-governmental organizations working in the health field. There is lack of medicines, material and staff, especially in regards to the psychological aspect.  In terms of education, displaced communities are facing many issues: although some camps opened primary schools, there are issues in regards to the curriculum, teachers and locations added to the fact that families have difficulties to provide basic material for their children to attend school.  Concerning families settled outside of camps, most of the displaced children do not attend school due to the unavailability of schools (who are hosting displaced families), lack of material or low socio-economic conditions of the families who are not able to send their children to school.  Concerning students attending institutes and colleges, there are also concerns: while they have the chance to take examinations in the Kurdistan region (displacement occurred before the examination period), enrolling students in Kurdistan colleges and institutes is difficult as the Kurdistan Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

Region has its own issues in accommodating its own students. There are thousands of students of Kurdistan who were not accepted to attend colleges or institutes, because of little number of colleges. But by the end of 2014, the Ministry of Higher Education decided to allow seats in educational institutions for a number of Yezidi students.  In regards to problems linked with water and electricity: since 1991, water and electricity are issues developing during the fall season in particular.

Hours of electricity available decrease in the Kurdistan Region and it is impacting the displaced persons. According to Al Mesalla supervisors in the start of December in Bahrka camp, no electricity was available for several days which resulted in lack of potable water and other issues in the camp.  There is a severe lack of means of heating means. Kerosene is not affordable for most displaced families as one person explained to Al Mesalla supervisor: “We cannot afford kerosene because it‟s expensive in the markets, the price of one barrel of kerosene of 200 liters is not less than 150 $ and we are not able to pay for that”.  Due to the economic crisis in the Region and the high rate of unemployment, Iraqis and non-locals, there are no job opportunities existing for displaced persons. Most of them are jobless and have no source of income.  Most of displaced persons living outside of camps mentioned to the supervisors that they are not provided with residency permits from the security forces. They cannot move freely between the provinces of the Region or outside of the Region.  While most displaced persons met by our supervisors mentioned that they were discriminated in the first stages of displacement as they entered the Region, they feel that in a second stage, discrimination and neglect is mostly a result of the economic and social crisis. Official bodies in the Kurdistan Region emphasized at more than one occasion that KRG is not differentiating between displaced persons and host communities and that it is dealing with displaced communities taking into consideration legal and humanitarian aspects. The KRG has officially stated that any hostile action taken against displaced persons is unacceptable and will be referred to law.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

 According to news in the Kurdish media, after attacks conducted by ISIS in some areas near Erbil, particularly Makhmur and Gwer, the regional Kurdish security forces have toughened security procedures on Arab refugees in the region and arrested some of them.

III.

Future of displaced persons (migration and return)

„G.H‟ from the Shabak minority fled to Akre district that belongs to Erbil province.

He says: “The fear of the future is not less than the fear of the present. We do not know what to do and what is our destiny. The only thing we know is that our life in the future cannot continue as it was in the past”.

The concern expressed by G.H is voiced by most of the displaced minorities.

There are no disagreements in the points of views shared by Christians, Shabaks and Kakais:

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

 They are all afraid of an anonymous and unknown future.  All of them, if they have a chance, have a will to emigrate.  All of them will not go back to their original locations of living under the same conditions as before ISIS.  They have lost trust in their neighbors who are living in their original locations of living.  They have lost trust in the Iraqi forces as well as the Kurdish forces in providing them adequate protection.

Based on a survey conducted by our young people among 120 families in Dohuk and Erbil, 95 of these families do not want to return to their original locations of living after it will be liberated from ISIS. 25 families want to return to their original locations and 11 of them are Sunni Arab families from Anbar and Salahedin who would return as soon as possible. The survey shows that 93% of those 95 families want to migrate and leave Iraq, only 5% of them wish to settle in Kurdistan and 2% did not answer.

Facts are supporting our survey: hundreds of Christian families have already left for Jordan, Lebanon and Turkey waiting to be resettled in a third country while few families have left to France, Canada and Germany…etc.

According to a lawyer working with the legal assistance program for displaced persons: “Most displaced families, especially minorities, request facilitation to issue passports”.

The Directorate of passports issues passports for displaced persons every Saturday and hundreds wait for weeks and months to acquire a passport. „G.M‟, a displaced Christian aged 50 explains: “We have two options, the best one is bitterer than the other. Emigration is the bitter option draining Iraq from Christians. It is the aim of radicals and terrorists. The other option is returning to our areas but how do we return? Terrorists may come back after a year, we don‟t have the ability to protect ourselves, the government and others did not protect us. What are we supposed to do?!”.

Members of minority groups who wish to return to their original location of living or those who cannot emigrate for a reason or another do have concerns about Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

their return. There must be a deeper study conducted about existing opportunities for return.

According to our team‟s survey with the displaced families, issues of concern regarding the possibilities of return are:  Fear from terrorists returning under a different title and name after the elimination of ISIS.  Fear from Arab families living in or near areas inhabited by minorities as many of these families are believed to have brought support to ISIS.  Lack of protection forces to protect minorities, especially after losing trust in the Iraqi and Kurdish forces as they have withdrawn while facing ISIS.  The Infrastructure has collapsed of areas inhabited by minorities, as it was already weak before the presence of ISIS but has been completely damaged since.  The lack of a clear program from the National and Regional Governments to deal with the victims of ISIS and the lack of programs to rehabilitate the areas inhabited by minorities after ISIS is gone.  Fears of using areas inhabited by minorities to solve conflicts between the Central and the Kurdistan Regional Government especially as these areas make up the border of the disputed areas between Baghdad and Erbil.  Fear of revenge, possession of weapons, losing members of family especially in the case of Yezidis, loss of job opportunities are all reasons that lead to a lack of will to return to the original locations of living, in addition that they loss of property and loss of income. Many have lost their businesses. 

One civil society activist mentioned to our supervisor: “Despite all fears from displaced minorities of returning to their original areas, there are indicators that show they are willing to return to their areas: Yezidi armed groups were formed as well as Christian groups to fight against ISIS to liberate their lands. According to announcement from the Ministry of Peshmarga at october, Yezidis, Christians, Shabaks and Kakais are welcomed to volunteer to be enrolled in a special military division, there are strong

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

requests from minorities to be recruited in the army, this means they are willing to fight ISIS and return to their areas.”

The return of internally displaced persons to their areas after liberation without integrated and adequate programs taking into account political, social, economic, security and military aspects is not simple. Throughout our survey, members of minority groups were asked about the type of assistance they would need to receive to facilitate their return. They stated:  International and local guaranteed protection; there are fears of terrorists returning to their areas under different names and colors.  Addressing the causes of historical conflicts in some areas inhabited by minorities, especially in relation to the Arabization process in places like Sinjar, Jalawla or demographical changes in Ninewa plain.  Rebuilding what was demolished by ISIS and strengthening the infrastructure in areas inhabited by minorities, specific budget should be allocated for rehabilitation.  Fairness towards victims and compensation for those whom have been affected.  Economic development in those areas and providing job opportunities.  Legal assurance to guarantee political, security and administrative participation of minorities.  Administration of those areas must be autnomous.

IV.

Key Conclusions

 There are different religious and ethnic minorities living in Iraq spread in various areas across Iraq and the Kurdistan Region. But after the year 2003, Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

most of the minorities living in Iraq fled towards the areas disputed between the Central and the Kurdistan Regional Governments, as these areas were historically inhabited by minorities, Christians in particular.  A long time before attacks perpetrated by ISIS, violations against minorities were sustained by several entities, which led to hundreds assassinations and abductions and emigration of hundreds to other countries.  Many districts inhabited by minorities were previously exposed to demographic changes as part of the Arabization process.  After ISIS took over districts inhabited by minorities in Ninewa province, minorities completely abandoned the locations. Christians, Yezidis, Kakais, Turkmen, Kurds and Shabaks all fled except a small number of Sunni Shabaks.  A lack of attention in regards to the economic aspect in minority territories by the successive Iraqi Governments led to an increase of poverty, unemployment and illiteracy in these areas.  Infrastructure in minority areas has remained fragile and weak and needs to be strengthened and rehabilitated after liberation from ISIS.  Trust in Arab neighbors especially those who lived within areas inhabited by minorities or in adjacent areas is broken.  Trust in the Iraqi army and the Kurdish army is lost as they were seen as not able to provide protection to minorities when ISIS attacked.  A strong desire of exodus exists among the displaced minorities especially within the young generation, rich families or those who have relative already living abroad.  A lack of desire to return among displaced minorities has been noted while several requirements are demanded in order to consider their return to their original location of living.  Many families do not have access to services provided to displaced persons due to a variety of reasons, especially those living outside of the camps.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

 Displaced persons have lately felt that there is no discrimination against them within the host community and that difficulties are linked to the financial crisis that the KRG is witnessing.

V. Recommendations  Solving displaced persons‟ issues (better shelters, access to health, education, food, non-food items and heating services). UN agencies and international NGOs, Iraqi and Kurdish government have to support the IDPs and fulfill the IDPs need.  Allocation of cash assistance for displaced persons without distinction, in a transparent and free of corruption manner by central government through ministry of migration.  Lift of restrictions that limit movements and work of displaced persons in KRG

by Kurdistan parliament with the support of international NGOs and UN agencies.  Establishing political, economic, and social, as well as security and military programs for post ISIS period in the minorities‟ areas taken by ISIS which will contribute to the return of displaced persons to their areas by KRG and central Iraqi government.  Initiation to find permanent solutions to solve problems related to the historical processes of Arabization and demographic change conducted in minority areas and other areas by activation of 140 article from Iraqi constitution.

Local CSOs with support of INGOs to advocate and push Iraqi central government to settlement this issue with KRG.  Fairness for those people who were affected by ISIS attack. Iraqi government and KRG have to insure the fairness for people who effected by ISIS and UN agencies, INGOs and local NGOs have to put long strategy plan for development of the affected areas, working to prevent revenge issues and land conflict after returning of IDPs and minorities groups to their original places.

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)

 Passing clear laws and regulation to protect rights of minorities and prevent discrimination in KRI and Iraq to ensure the rights and safety of minorities, in addition ensuring participation of minority's representatives in the level of decision making and political participation in Kurdistan region and Iraqi central government.  UN agencies, international NGOs and local NGOs have to held long strategy plan and work about capacity building of local authorities and stockholders in terms of reformulating new local government in equal and professional method for pre conflict issues. Focusing on revenge, acceptance, peace building and tolerance with CSOs, religion leaders, community leaders, youth and local authorities after the liberation of areas controlled by ISIS.

Date of publication of the report: February 2015

Al Mesalla is a non-governmental organization based in Erbil, Iraq that cultivates a Human Rights‟ and a non-violence culture in order to pursue economic, political, social and educational change.

For more information, contact Al Mesalla: almesalla@almesalla.net Website: http://www.almesalla.net Contact Phone Number: +964 750 415 0511

Shedding light on violations committed against displaced persons in Iraq (Aug – Dec 2014)