4.1. General possibility to seek protection from Kurdish authorities
Human Rights Watch said that compared to south and central Iraq, the effectiveness in terms of law enforcement in KRI is higher. An international humanitarian organisation characterized law enforcement in KRI as exceptionally effective but said that it varies in other Kurdish controlled areas. The international humanitarian organisation added that law enforcement in Kirkuk is very effective but that, in some Peshmerga controlled areas outside KRI, there are many pockets with lack of law enforcement, especially in a westward direction of KRI towards Anbar.
According to two sources, the Kurdish authorities have the potential to provide very effective security in the areas that they control.137 Being one of these sources, the international
humanitarian organisation, however, stated that if Kurdish authorities do not want to protect an individual, they can also enforce that very effectively. Correspondingly, Journalist Osama Al Habahbeh said that the possibility to receive protection from KRI authorities depends on who the persecutor is. Journalist Osama Al Habahbeh explained that the authorities would not protect an individual in case the person had a conflict with a politician. In line with this, Human Rights Watch characterized the Kurdish court system as being under political influence and used to stifle dissent and target critical voices, including journalists.
According to UNHCR, there is very little regard of law enforcement among the local population in KRI and people do not make use of the police or the courts. UNHCR said that the courts are not seen to respond, even though, in principle, they have a number of excellent laws meeting international standards. In addition, UNHCR explained that access to rule of law is dependent on ethnic and religious affiliation, tribe, connections, family and relatives, and it is very difficult, if not impossible, for an individual to stand up for his rights by himself.
4.1.1 Possibility for IDPs to seek protection from the Kurdish authorities
A western diplomat said that Arab IDPs generally mistrust the Kurdistan Regional Government (KRG) forces and therefore the IDPs do not seek protection from the police. The western diplomat had the impression that the Kurdish police is trying to improve its reputation but that it lacks staff and training of the staff in order to raise its stature in the IDP community. The western diplomat had not heard of systematic mistreatment by the police or courts based on the IDPs' status or their belonging to areas in the north. The western diplomat, however, said that many IDPs from the south cannot get access to the courts due to lack of documents.
According to PAO/KHRW, the Asayish has extended powers when it comes to IDPs because IDPs need approval from the Asayish to change address, to change work, to get electricity in their
137 An international humanitarian organisation, UNHCR
46 homes, to go to health care clinics and schools etc., and there are no fixed criteria for the
approval. According to Human Rights Watch, as regards the Asayish, both Arabs and Kurds are at risk of arbitrary detention and torture.
According to UNHCR, collective punishment of IDPs upon security incidents is common practice. In line with this, a lawyer working for an international NGO said that Sunni Arabs are sometimes held responsible or being scapegoated as a community when security incidents happen.
4.2. General possibility to seek protection from other actors than the authorities Journalist Osama Al Habahbeh explained that due to the tribal nature of the society in KRI, some tribes are above the authorities, which means that they may also be able to offer protection. In line with this, IOM said that informal mediation is very common in all kinds of disputes in KRI.
Correspondingly, various other sources referred to a possibility to seek protection from other actors than the authorities, such as family, religious leaders, tribes, militias, clan-affiliates with political power and private security companies.138 The sources, however, indicated that the
protection would only be offered to those with the right affiliation.139 In addition, UNHCR said that such protection would be for a limited period of time and not be effective or legitimate.
Correspondingly, Human Rights Watch said that it could not be considered as effective protection for the enjoyment of human rights.
An international humanitarian organisation exemplified the possibility of informal protection by explaining that if for instance an IDP is told to leave an area, religious leaders could try to mediate between the authorities and the concerned IDP. In this regard, the source mentioned that the church in KRI is strong and may mediate. The international humanitarian organisation, however, said that the church will generally not intervene on behalf of Sunni Arabs.
4.3 Protection of women in cases of honour crimes 4.3.1 Possibility to seek protection from Kurdish authorities
Various sources referred to the existence of legislation in KRI to prevent honour crimes or protect victims.140 Being among these sources, UNHCR added that there are institutions that can be used to enforce this legislation. Various sources, however, said that honour crimes take place in KRI,141 and two of these sources along with two other sources referred to many locals usually turning to traditional justice, for example through tribal links, to resolve cases related to 'honour'.142 Two sources said that honour related crimes are more common in rural areas than in urban areas.143
138 Visiting Scholar Renad Mansour, UNHCR, an international humanitarian organisation, Human Rights Watch
139 Visiting Scholar Renad Mansour, UNHCR, an international humanitarian organisation, Human Rights Watch
140 UNHCR, Visiting Scholar Renad Mansour, IRC, PAO/KHRW
141 An international humanitarian organisation, Human Rights Watch, IRC, PAO/KHRW, IOM, Journalist Osama Al Habahbeh
142 An international humanitarian organisation, IOM, UNHCR, Visiting Scholar Renad Mansour
143 IOM, Journalist Osama Al Habahbeh
47 One of these sources, Journalist Osama Al Habahbeh explained that, in rural areas, the tribe will protect the family's honour rather than the individual. Journalist Osama Al Habahbeh also said that the police will not interfere in such matters.
IOM explained that, even though the family of a victim who has approached the authorities may be summoned to court, most honour related cases are solved through a negotiation process run by the tribe or family members and parallel to the official procedure through the court system.
According to IOM, the court is then informed of the agreement.
Three sources stated that they did not have information on cases of honour crimes brought to court in KRI.144 IOM explained that women are often reluctant to involve the authorities, and that officials will often suggest that the issue is solved outside the court system. On the other hand, Journalist Osama Al Habahbeh said that there are cases of honour crimes brought to court.
PAO/KHRW said that there is no access to insight in the processing of cases of honour related crimes but explained that courts often register honour killings as 'killed by an unknown' and then close the cases.
Various sources mentioned that victims threatened by honour crimes can be referred to women shelters run under the Kurdistan Regional Government (KRG) in Dohuk, Erbil and Sulamania by the authorities.145 Journalist Osama Al Habahbeh said that the only way to protect a woman who risks honour killing is to put her in jail or a shelter resembling a jail where she risks being raped or sold through human trafficking by the authorities.146 Some of the other sources indicated that the shelters are poorly managed.147 In line with this, a western diplomat said that the shelters in KRI have been overburdened, and UNHCR said that there are very few shelters. IOM said that women might risk being misused inside shelters. However, UNHCR said that, generally speaking, women are not mistreated in the shelters, but their rights are not respected and, when KRI authorities deal with victims of violence, their approach is not survivor centred. According to UNHCR, authorities will, often and without consent of the survivor, bring the perpetrators to the shelter and try to negotiate a solution at the expense of the victim. Journalist Osama Al Habahbeh said that mediation with the family is not a possibility. UNHCR said that, often, the authorities bring the perpetrators to the shelters for mediation with the survivor. This is typically done without consent of the survivor.
4.3.2 Possibility to seek protection from other actors
A western diplomat said that an assistance telephone line for IDPs threatened by honour crimes has been set up by the Kurdistan Regional Government (KRG). The IDPs can call a switch board that refers the victims to relevant NGOs in the area. In addition, an international humanitarian
144 Visiting Scholar Renad Mansour, a western diplomat, UNHCR
145 An international humanitarian organisation, IOM, IRC, UNHCR, Human Rights Watch, a western diplomat
146 In this respect, Journalist Osama Al Habahbeh made reference to the previous chairwoman of Democracy and Human Rights Development Centre (DHRD, website of this organisation is www.dhrd.org).
147 IOM, Human Rights Watch, UNHCR
48 organisation said that NGOs run women centres for victims threatened by honour killing in Dohuk, Erbil and Sulaimania in relation to the IDP camps. The western diplomat pointed to an NGO
initiative, to meet problems with honour related crimes against Yazidi IDP girls, through which the girls can get counselling and assistance to become established in a place away from their family.
Journalist Osama Al Habahbeh referred to a project in Sulaimania that supports women by trying to get them out of jail and into shelters. According to Journalist Osama Al Habahbeh, the project also trains lawyers in how to defend such women.
4.3.1 Ability of relatives to track down victims
Three sources referred to relatives being able to track down women who had run away in KRI.148 In line with this, UNHCR stated that, in KRI, it would be difficult for a victim of an honour crime to escape the perpetrators and seek protection from the authorities.Journalist Osama Al Habahbeh said that a woman fleeing honour killing cannot hide anywhere in Iraq. A western diplomat, however, said that there is no formal system for families to track down their own family members within KRI.
4.4 Protection in cases of landownership conflicts
4.4.1 Disputes about rule of territory affecting the right to private landownership
Two sources indicated that there are a growing number of landownership conflicts among
returning IDPs, and that loss of documentation for landownership due to the armed conflict in the area makes it difficult to reclaim lawful ownership.149 One of these sources, the western diplomat, added that IDPs who return to their place of origin are often viewed by the people who stayed in the area as 'those who abandoned the territory' whereas others stayed and suffered. According to the western diplomat, therefore the returnees do not find much sympathy with the authorities. An independent researcher said that, in many areas, abandoned houses have been looted, taken over by others or even destroyed. In addition, the independent researcher said that Sunni IDPs fear that they will not be able to reinforce their property rights because no authorities are present to support them in this matter.
Human Rights Watch said that the possibility to settle disputes about landownership seemed to hinge on resolution of the overall political control over the disputed areas. In line with this, UNHCR said that the Kurdish population is allowed to move back to their areas of origin, but that a
discriminatory practices in terms of the Arab population generally being subject to extensive clearance procedures has been imposed. Furthermore, according to Human Rights Watch,
journalists report that the Peshmerga or affiliated Kurdish forces are destroying property in areas that was at first taken by Islamic State, ostensibly to prevent Arabs from going back or to gain military advantage against the return of Islamic State. Correspondingly, an international
148 Visiting Scholar Renad Mansour, IOM, Journalist Osama Al Habahbeh
149 A western diplomat, an international humanitarian organisation
49 humanitarian organisation said that there is a land grab going on, a geographical engineering, with the Kurdistan Regional Government (KRG) wanting to extend its borders without Sunni Arabs. Two sources explained that the Peshmerga and the Asayish have taken over some houses saying that it was for 'safety reasons'.150 One of these sources, UNHCR, added that also Iraqi Security Forces and Shia militias are being accused of destruction of property in the disputed areas. In line with this, the international humanitarian organisation mentioned that, in some locations, as in Diyala Governorate, the Peshmerga has destroyed the houses of Sunni Arabs with justifications of 'security concerns' and illegal construction.151 Human Rights Watch said that Kurdish armed groups under Peshmerga control carried out large scale property demolition of Arab villages in areas in Kirkuk Governorate.152
4.4.2 Possibility to seek protection from Kurdish authorities
Various sources said that conflicts of landownership can be solved by the authorities.153 Being among these sources, a western diplomat said that he was not aware of other ways to settle disputes over land than to involve the courts. According to PAO/KHRW, there is a special
institution responsible for property ownership conflicts, the Property Claims Commission, which has offices in different places, including Erbil and Kirkuk. PAO/KHRW, however, explained that the Property Claims Commission is unable to solve all the cases, and their decisions are often not implemented.154
According to an international humanitarian organisation, a lot of registries have been destroyed during the conflict, and waves of IDPs moving in the contested areas make matters difficult. The source explained that, at the end of the day, landownership comes down to having the papers that proves the ownership.
UNHCR was not aware of any cases of land conflicts brought before the courts. According to UNHCR, the legislation is, however, generally not considered valid by the local population, when it comes to solving conflicts of landownership. UNHCR added that, when it comes to landownership, corruption prevails. In line with this, Human Rights Watch had heard of improper judicial
proceedings in land disputes, in particular by Christian Iraqis, who complained about procedures by Kurdish judges. IOM, however, said that IDPs and host community members are equal before the law in cases of landownership conflicts. Human Rights Watch stated that IDPs do not have documentation or resources for court cases.
150 UNHCR, Human Rights Watch
151 For more information, please see section 3.3.3 Demolition of houses and looting in the disputed areas.
152 Human Rights Watch said that at the time of the meeting, Peshmerga forces were in the middle of a new military campaign. In August and September 2015, they drove south and west of Kirkuk city in a ground offensive supported by coalition airstrikes further into Kirkuk Governorate areas held by IS in order to recapture those areas. (See meeting note, Appendix 2)
153 IOM, a western diplomat, PAO/KHRW
154 Please refer to the note from the meeting with PAO/KHRW in Appendix 2 for further details. For more information, PAO/KHRW also referred to the website of the Property Claims Commission: www.pcc.iq
50 4.4.3 Possibility to seek protection from other actors
PAO/KHRW said that the cases that are solved outside the court system are often solved through tribal councils. PAO/KHRW informed that, as the property owner must have documents from the court stating the ownership, the parties who settle the conflict outside the Property Claims Commission will have to approach the court to obtain the documents of ownership.
4.5 Protection from Kurdish authorities in cases of conflicts with armed groups According to Visiting Scholar Renad Mansour, KRI authorities have the capacity to protect an individual who has a conflict with or is being harassed by armed groups in KRI or other Kurdish controlled areas. Visiting Scholar Renad Mansour added that protection in cases of conflicts with armed groups is, however, also a question of the authorities' will. According to Visiting Scholar Renad Mansour, some armed groups have members from higher places in society, and these groups remain without interference by police or other authorities. In line with this, PAO/KHRW explained that almost all armed groups in KRI belong either to the Kurdistan Democratic Party (KDP) or the Patriotic Union of Kurdistan (PUK). PAO/KHRW added that if someone has a problem with an armed group, there is no help from the authorities because the armed groups are in power. According to PAO/KHRW, tribes with weapons often have power, and the Kurdistan Regional Government (KRG) is more interested in their political support than in taking them to court.
UNHCR said that, in the disputed areas, the possibility to seek protection from the authorities in case of conflict with armed groups depends on whether or not a person belongs to the groups that the Peshmerga would protect. According to UNHCR, groups that are protected by the Peshmerga include Kurds and ethnic or religious minorities. In line with this, an international humanitarian organisation said that private individuals' possibility to seek protection from the Kurdish authorities if they have conflicts with armed groups in KRI and other Kurdish controlled areas depends on who they are. According to the international humanitarian organisation, generally, Sunni Arabs would be unlikely to receive support from the authorities, especially if conflicts are with non-Sunni Arabs. The international humanitarian organisation added that if a Sunni Arab has a conflict with Islamic State, there is nothing that the authorities can do.
4.6 Protection in case of harassment based on ethnic and religious affiliation 4.6.1 Possibility to seek protection from Kurdish authorities
PAO/KHRW explained that, as Saddam Hussein repressed the Kurds, the Kurds are now repressing minorities in their own region. Journalist Osama Al Habahbeh also referred to lack of protection of minority groups by authorities and said that it manifests itself in IDPs creating ghettos based on ethnic affiliation inside the camps and in other areas where they live. As an elaboration to this picture, Visiting Scholar Renad Mansour said that, traditionally, it has been more difficult for minorities to trust the Peshmerga, but, nevertheless, the Kurdistan Regional Government (KRG) has been keen on showing that it protects minorities, especially Christians.
51 According to Visiting Scholar Renad Mansour, measures are taken by Kurdish authorities in order to prevent incidents of disputes based on ethnic affiliation. In line with this, Human Rights Watch stated that, on a political level, the Kurds are trying to make room for minorities; for example, a seat for a Jewish representative has been added in the Ministry of Religious Affairs. Human Rights Watch also said that either the level of harassment is very low or the government is good at controlling it. ERC confirmed the ambition of the Kurdish authorities to prevent discrimination against minorities by stating that the Kurdistan Regional Government (KRG) does not differentiate between IDPs from different ethnic groups. Additionally, ERC outlined that in order to mitigate potential conflicts; ethnicity and religion of IDPs are not registered.
According to UNHCR, the possibility to seek protection from the authorities in KRI and other Kurdish controlled areas in case of harassment based on religious and/or ethnic affiliation, however, depends on the personal connections of the person in question. Correspondingly, Visiting Scholar Renad Mansour said that the Kurdish forces would protect Kurds before other minorities. Osama Al Habahbeh said that he expected that KRI authorities would offer protection to individuals in a private conflict irrespective of the individual's ethnicity.
4.6.2 Possibility to seek protection from other actors
The western diplomat said that there are some communities in the IDP camps who could yield protection in the sense that, in some camps, almost all IDPs come from the same area, in example Shabaks from Sinjar, which inspires trust among IDPs. On the other hand, the western diplomat pointed to the risk of this development contributing to a 'Balkanization', meaning that people are forming pockets instead of integrating. The western diplomat and an international humanitarian organisation respectively referred to two different accounts of conflicts between different ethnic groups living near each other in IDP camps. In addition, an international NGO pointed to a general differential treatment of IDPs in the local communities in KRI. As example, the international NGO mentioned that Chaldean Christians are more welcome in the Christian neighbourhood Ankawa in Erbil and that Christians are more likely to seek asylum in Christian neighbourhoods.