A/HRC/44/41/Add.1
displaced persons who wish to return to camps following a failed attempt to return to their area
of origin are as entitled to humanitarian assistance as the rest of the displaced population, and
must be accepted and registered for support and assistance.
B.
Humanitarian access
22.
Humanitarian organizations have been facing increasing challenges when seeking
access to programme locations and providing assistance to internally displaced persons and
returnees in need. According to the Iraq Humanitarian Needs Overview 2020, constraints on
access, such as acts of intimidation, the presence of armed actors, explosive ordnance, and
issues relating to checkpoints and administrative restrictions, have been reported in 93 per cent
of districts in northern and central Iraq.
23.
The Special Rapporteur received reports that, in order to move personnel and supplies
within Iraq and across checkpoints, humanitarian actors were required to obtain multiple access
letters, the process for which was cumbersome, lengthy and fragmented, and has become more
complex over time; governorate, district-level and local security actors increasingly demand
access letters in addition to the national letters obtained through the process established by the
Joint Coordination and Monitoring Center. In some areas, such as in Ninewa Governorate, up
to nine letters were required at a time. The requirements are different in each location;
furthermore, some access letters have limited validity, and must to be constantly renewed.
24.
Humanitarian access has worsened since December 2019, when the Government of Iraq
suspended the issuance of access letters to non-governmental organizations, a decision that had
a significant impact on their ability to operate in the country and to provide assistance to
displaced populations and returnees. The Government has, however, reported taking
comprehensive measures to address this important issue, including through the establishment
of a hotline. A facilitation of the issuance of national access letters is essential if humanitarian
actors are to reach internally displaced persons and returnees in need.
C.
Civil documentation and access to services
25.
Internally displaced persons face numerous barriers when they seek to obtain or renew
civil documentation. Many have lost their documents or had them destroyed or confiscated in
the course of displacement. Those having lived in areas controlled by ISIL might hold
documents that are not recognized by the Government of Iraq. Iraqi law requires that civil
documents be obtained in one’s place of origin, to which internally displaced persons are often
unable to travel. Civil documentation is fundamental to the enjoyment of a wide range of
human rights, as it permits access to basic services, including health care and education,10 and
civil services such as recognition of marital status and property rights, employment
opportunities and freedom of movement, and existing compensation schemes and social
protection benefits. The lack of civil documentation and consequent marginalization increase
the vulnerability of internally displaced persons, including to sexual and gender-based
violence.
26.
The initiative of the Government of Iraq, with the support of the international
community, to send mobile units to a number of camps is highly commendable and constitutes
a good practice. The Special Rapporteur encourages the Government and partners to continue
this undertaking in order to ensure that the units visit as many camps, locations hosting
internally displaced persons, and areas of return as possible, and to continue measures to ensure
that the service be provided to all those in need, without discrimination. Expanding
documentation efforts beyond the civil identity and national registry to cover birth certificates
and other civil documentation is also necessary. The Special Rapporteur moreover encourages
the Government to facilitate the issuance of documentation for internally displaced persons by
cutting through the layers of bureaucracy that are normally applied to non-displaced
populations.
10
6
See for example UNAMI/OHCHR, The Right to Education in Iraq. Part One: The legacy of ISIL
territorial control on access to education, February 2020, pp. 11–12.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents