A/HRC/44/41/Add.1
recommendation made by the mandate holder that States establish a focal point within the
executive branch of government. The Office of the Prime Minister and several ministries, such
as the Ministry of the Interior and the Ministry of Justice, have instituted offices and
programmes to focus attention on the myriad of aspects of internal displacement. For example,
the Ministry of Justice reported having sent mobile teams and reopened offices in areas retaken
from ISIL to provide services for the restoration of property rights to affected populations,
while the Ministry of Interior reported having sent mobile teams to issue civil documentation
to displaced persons in camps. The Ministry of Migration and Displacement has, among other
steps, instituted a compensation scheme for those whose properties and houses have been
destroyed or severely damaged.
13.
The above-mentioned efforts are complemented by overall coordinating mechanisms,
such as the Joint Coordination and Monitoring Center within the Federal Government (linked
to the Council of Ministers) and the Joint Crisis Coordination Center within the Kurdistan
Regional Government (linked to its Ministry of the Interior) to coordinate crisis response and
information management. Better coordination between these bodies would be beneficial. The
Joint Coordination and Monitoring Center, with support from the international community, has
established community resource centres to provide information to internally displaced persons,
returnees and host communities on the government services and humanitarian assistance
available and to make referrals. Issue-based committees, such as the Committee for
Coexistence and Communal Peace under the Office of the Prime Minister and the governorate
returns committees have been helpful in providing targeted responses.
14.
The Kurdistan Regional Government, which hosts the majority of the remaining
internally displaced persons, and the governorates have played a central role in hosting the
millions of people displaced by the ISIL conflict, and shown commendable willingness to
provide them with refuge for many years, despite the heavy burden on their own resources.
Their efforts require more support from the federal Government and from the international
community. It is regrettable, however, that local integration is rejected by authorities in hosting
areas, who argue that this would change their demographics. Meanwhile, conditions for the
safe, informed, voluntary and dignified return of internally displaced persons are not
necessarily in place in their areas of origin. The Principled Returns Framework endorsed by
the Government of Iraq in 2018 is commendable and should be implemented by authorities.
15.
Various laws and policy directives aim to address internal displacement issues. One
example is the establishment of a compensation scheme by Law No. 20 of 2009 (Compensating
the Victims of Military Operations, Military Mistakes and Terrorist Acts), as amended by Laws
No. 57/2015 and 2/2020 (the Compensation Law), which provides for compensation to all
citizens, including internally displaced persons and returnees, for harm suffered owing to
military operations or terrorist actions. The law covers compensation for death, injuries,
abductions, missing persons, property damage, and impact on employment and studies, and
establishes committees to process claims. Following the amendment passed in 2020,
compensation claims for property damage that do not exceed 30 million Iraqi dinar (ID) can
now be decided at the governorate level, a measure that is intended to expedite processing.
16.
The above-mentioned compensation scheme can play an important role in promoting
the socioeconomic recovery of internally displaced persons and sustainable returns, and
rebuilding trust between affected communities and the Government. It warrants a greater effort
by the Government to allocate a sufficient budget for compensation and to address a number
of shortcomings. The Special Rapporteur commends the decentralization efforts to make the
compensation scheme accessible to those in need, and encourages the Government also to
explore other forms of reparation for internally displaced persons, in accordance with
international human rights and humanitarian law.
17.
A scheme to support the voluntary return of internally displaced persons by financial
grants was established in 2017. This positive initiative requires an appropriate budget
allocation every year and oversight mechanisms to ensure the correct disbursement of funds.
The amount granted to each family of returnees should correspond to the specific needs of each
family, taking into account their vulnerability, the losses they have suffered and the living
conditions in the area of return. Furthermore, a sufficient budgetary allocation to the Ministry
of Labour and Social Affairs in support of social protection benefits and livelihood
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