COMMON ANALYSIS
Last updated: June 2022
[KSEI 2020, 1.3.2, 1.3.7, 1.7; KSEI 2021, 1.1, 1.2, 1.3.3, 3.3.3; UNHCR, Access and residency 2021 [47]]
In case the criterion of ‘safety’ is satisfied, as a next step, case officers have to establish whether an applicant can:
Figure 14. Travel and admittance as requirements for IPA.
The general situation and the individual circumstances of the applicant should be taken into account when assessing whether he or she can safely and legally travel and gain admittance to a part of the country.
It should be noted that in the context of Iraq and in particular of the security measures related to ISIL, the three requirements cannot be clearly differentiated.
In January 2021, UNHCR reported that security screenings and clearance requirements remained in place for persons from formerly ISIL-held or conflict-affected areas across Iraq. While access bans and entry restrictions have all been lifted by early 2020, sponsorship and other requirements remain in place for residency in several governorates for persons from formerly ISIL-held or conflict-affected areas, especially Sunni Arabs and Sunni Turkmen [KSEI 2021, 1.1].
It should also be noted that crossing checkpoints is a fact of daily life in Iraq. Passing through checkpoints requires giving one’s identity by providing identification papers, including at least their national ID and citizenship card. In addition to some permanent checkpoints, temporary checkpoints may also be established [KSEI 2021, 1.2].
The multitude of security checkpoints, which may be operated by a variety of security actors in the same area, often lack coordination. Due to the lack of clear rules, checkpoints may run at the whims of the different actors operating them. In many cases, ethnic or religious affiliation is used by the different militias operating checkpoints to allow or deny access to that particular region or governorate of Iraq, sometimes with immediate consequences for the safety of individuals. For instance, security clearances are required and often denied to members of families perceived as affiliated to extremist groups and IDPs who had lived under ISIL (see profile 2.1 Persons (perceived to be) affiliated with ISIL). [KSEI 2020, 1.3.7]
There should be a safe route, through which the applicant can practically travel without undue difficulty, so that he or she can access the area of IPA without serious risks.
- Baghdad: Baghdad International Airport is located 16 kilometres west of downtown Baghdad.
- Basrah: Basrah International Airport is located 10.5 kilometres from the city centre and is the second largest airport.
- Sulaymaniyah: Sulaymaniyah International Airport is located 14 kilometres from the city centre. It has been reported that the conditions of roads throughout Iraq were ‘reasonably good, and roads are generally well constructed’. IEDs were reportedly common around Baghdad, and tended to target logistical convoys supplying US bases, but were reportedly uncommon in the KRI. Basrah was also affected by those attacks on supply convoys. ISIL reportedly continues to threaten road links among Salah al-Din. [Security 2022, 1.3.3]
Despite the above and taking into account the availability of an international airport, the requirement of safety of travel would in general be considered met with regard to the three cities. For some profiles, in particular for individuals who may be perceived as associated with ISIL, this requirement should be carefully assessed on an individual basis (see 2.1 Persons (perceived to be) affiliated with ISIL).
There should be no legal obstacles that prevent the applicant from travelling to the safe area. Iraqis have freedom of movement, travel and residence inside and outside Iraq provided for under Article 44 of the Iraqi Constitution. The Constitution also provides that ‘no Iraqi may be exiled, displaced, or deprived from returning to the homeland’.
Based on available COI, it is concluded that there are in principle no legal restrictions for Iraqis to travel in Iraq, including in the cities of Baghdad, Basrah and Sulaymaniyah.
The applicant should be allowed to access the safe area by the actor(s) who control it. According to Iraq’s National Policy on Displacement ‘The Government ensures that a person’s freedom of movement and choice of place of residence will not be subject to any restrictions save those maintained by the law as they are deemed necessary for reasons pertaining to national security, public order or health, morals or other people’s rights and freedoms.’ The National Policy on Displacement provides for a broad range of IDP rights to protection, legal status, basic social services, health, food, shelter, freedom of expression and freedom of movement [Internal mobility, 1.3].
Albeit the above-mentioned Iraq’s National Policy, in practice the movement, residency and gaining admittance to and access to viable services such as education and healthcare, is restricted by numerous requirements, such as security clearances and identification document requirements [KSEI 2020, 1.3.7]. According to COI sources, rules, regulations and security procedures for IDPs entering KRI do not fall under any law and are subject to change due to security and political developments. In general, it is found that access to the KRI has improved in recent years [Internal mobility, 3. 4; KSEI 2021, 3.3.3].
It should be noted that access and residency requirements are not always clearly defined and/or implementation can vary or be subject to changes depending mostly on the security situation. Sponsorship requirements are generally not grounded in law and are not officially announced. Moreover, in some areas, persons from formerly ISIL-held or conflict-affected areas may be pressured by local authorities or other actors to return to an area previously held by ISIL. Cases of forced returns of IDPs, notably through the closure and merging of camps, were reported, particularly in Ninewa, Salah al-Din, Anbar and Kirkuk, and often resulted in secondary displacement.
Information on the access and residency requirements for the cities of Baghdad, Basrah and Sulaymaniyah is provided below.
- Baghdad
According to recent information, no sponsor is required for entry to Baghdad governorate.
With regard to residency requirements, persons from formerly ISIL-held or conflict-affected areas, particularly Sunni Arabs, including those who return to Iraq from a third country, require two sponsors from the neighbourhood in which they intend to reside as well as a support letter from the local mukhtar. In addition, security clearance from relevant security agencies is needed.
- Basrah
Entry to the governorate of Basrah does not require a sponsorship.
With regard to residency requirements, persons from formerly ISIL-held or conflict-affected areas, particularly Sunni Arabs, including those who return to Iraq from a third country, require a local sponsor, as well as a support letter from the local mukhtar in order to legally reside in Basrah. In addition, security clearance from relevant security agencies is needed.
- Sulaymaniyah
Entry to the governorate of Sulaymaniyah does not require a sponsorship.
With regard to residency requirements, persons originating from outside the KRI must approach the local Asayish in the neighbourhood in which they seek to reside in order to obtain a security clearance for a residency permit. The residency permits are normally valid for a year. Single Arab and Turkmen men, however, are generally only issued a one-month renewable residency permit by the Asayish. Those of them who have proof of regular employment and a support letter from their employer can apply for a one-year renewable residency card, but only few of those who apply are granted one. Individuals of Kurdish or Yazidi background, regardless of where their ID documents have been issued, do not need a residency permit to settle in Sulaymaniyah governorate. However, Iraqi Kurds and Yazidis with civil documentation from governorates outside KRI need to request an Asayish code and the transfer of their Housing Card through the local Asayish office in the neighbourhood in which they want to settle. Kurds and Yazidis arriving from areas that are disputed between the KRG and the Federal Government of Iraq are permitted to move their Housing Card. However, they cannot obtain civil documentation issued in Sulaymaniyah. [KSEI 2021, 1.3.3]
Based on available COI, it is concluded that there are certain administrative restrictions or requirements for persons from previously ISIL-held or conflict-affected areas to be admitted in parts of the country, including the cities of Baghdad, Basrah and Sulaymaniyah. This refers mostly to requirements for residency, in the case of Baghdad, Basrah and Sulaymaniyah. Sunni Arabs and in some cases Turkmen men are particularly affected by such requirements.
The assessment of whether the requirement of gaining admittance is likely to be met, should take into account the individual circumstances of the applicant (ethno-religious background, place of origin, identity documents, security clearance, family status, existing social ties and having a potential sponsor, etc.). The individual case should be assessed based on the most recent COI available.
