A/HRC/44/41/Add.1
lives in their areas of origin. Their experience of displacement is intimately marked by their
experience as a minority, and by the persecution and discrimination that they have endured
before and during their displacement. They have struggled to achieve durable solutions suitable
to their situation. The trauma and extreme forms of violence suffered by many have been
compounded by years of living uprooted, in displacement, and the lack of hope of returning to
their homes or of the prospect of finding a new home elsewhere.
32.
Increased resources should be allocated to measures ensuring that displaced ethnic and
religious minorities in Iraq have access to mental health and psychosocial services, livelihood
opportunities, shelter, basic services including health care and education, and legal
documentation, particularly for the children. The ongoing plight of these minorities demands
targeted support to achieve durable solutions suitable to their particular situation; in this regard,
all possibilities should be considered, namely return, local integration or settlement elsewhere,
with the active participation of communities themselves.
B.
Displaced families with a perceived affiliation to Islamic State in Iraq
and the Levant
33.
Entire families of internally displaced persons have faced allegations by the authorities,
security actors and communities that they are associated with ISIL, without any evidence being
presented or criminal charges brought against them. These allegations are often based on
perceived tribal or family ties to an alleged ISIL member, or even on grounds of their place of
origin. Families allegedly having such affiliation risk deprivation of their basic rights,
discrimination and social marginalization.
34.
On the pretext that they constitute a security threat, these displaced families, including
women and children, have seen movement restrictions imposed on them and been deprived of
access to civil documentation and basic services. The Special Rapporteur is also concerned at
reports of arbitrary detention and arrests, and instances of humanitarian actors not being
allowed by local authorities, or facing opposition from local communities, to assist these
families. Persons with a perceived affiliation to ISIL have been subject to threats, harassment
and violence by military and security actors and communities, both in areas of displacement
and in areas of origin, and have often not been allowed to return to their areas of origin.
Unwelcome in hosting governorates and in their areas of origin, many of these families have
had to remain in camps for years, without a solution in sight.
35.
The Special Rapporteur is gravely concerned about the human rights situation of
internally displaced persons with a perceived affiliation to ISIL and the restrictions on freedom
of movement imposed on them. Often not allowed to cross the many checkpoints present in
the country, they are unable to travel to cities when seeking access to services, such as health
care, education, civil registries, courts or legal aid. Movement restrictions have also often
prevented their return to their areas of origin. In some instances, they have reportedly faced
severe restrictions on their movement, and have even had to be escorted when seeking medical
or legal assistance.
36.
The authorities have argued that the above-mentioned restrictions on movement had
been imposed for the safety of internally displaced persons and communities. According to
principle 14 of the Guiding Principles on Internal Displacement and article 12 of the
International Covenant on Civil and Political Rights, however, internally displaced persons
have the right to freedom of movement, to choose their place of residence and to move freely
in and out of camps. Only in exceptional circumstances may restrictions of movement be
imposed, and these must be provided for by law, which must establish the conditions and
precise criteria under which movement may be limited. Restrictions must pursue a legitimate
aim (such as to protect national security) and must be temporary, proportionate, necessary and
consistent with other human rights provisions, including the principles of equality and nondiscrimination.12
37.
The restrictions on freedom of movement that have been imposed on internally
displaced persons with a perceived affiliation to ISIL do not meet the above-mentioned criteria.
12
8
See also Human Rights Committee general comment No. 27 (1999) on freedom of movement.
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