A/HRC/44/41/Add.1 These measures lack legal grounds in Iraqi law, have a disproportionate impact on the enjoyment of a wide range of human rights, and discriminate against certain groups. In particular, the restrictions affect a large number of displaced persons, including many women and children, which further demonstrates their disproportionate nature. The freedom of movement and choice of residence are also essential elements of the right of internally displaced persons to choose durable solutions, and a constitutional right in Iraq. 38. The Special Rapporteur was extremely concerned to learn that security clearance has been required for internally displaced persons to obtain or renew civil documents, and is often denied to those belonging to families with a perceived affiliation to ISIL. In some cases, relatives of alleged ISIL members have been asked to disavow their family member so that they can be granted security clearance. Without civil documentation, these families have limited or no access to basic services, such as education and health care, housing, land and property rights, or social welfare benefits or compensation. They are also at a greater risk of arbitrary arrest and detention by security forces, who may perceive persons without civil documentation as being affiliated to ISIL. This perception could also endanger internally displaced persons, including children, who lack civil documentation for reasons other than the denial of security clearance. Delinking the requirement to obtain security clearance from procedures to obtain civil documentation will allow the enjoyment of this constitutional and fundamental right, without discrimination. The Government of Iraq reported that the Prime Minister had ordered that civil documentation be issued for all Iraqis living in camps, regardless of the perceived ISIL affiliation of a family member. The Special Rapporteur welcomes this directive and calls for its full implementation, and that it also be extended to persons living outside camps. 39. Families with a perceived affiliation to ISIL also fear returning to their areas of origin owing to threats and fear of retaliation from communities, local authorities and armed actors. Communities often oppose the return of these families owing to grievances relating to the violence suffered under ISIL and the fear of an ISIL resurgence. Returnees with a perceived affiliation to ISIL often face discrimination, harassment and in some cases forced eviction and violence, including sexual and gender-based violence. 40. The discriminatory treatment of entire families of internally displaced persons because of perceived ties to ISIL or the actual or alleged affiliation of one or some of their members to ISIL constitutes collective punishment in violation of international law. 13 As provided for by article 19 of the Constitution of Iraq and in line with international law, criminal responsibility is individual, and individuals suspected of criminal offences should be dealt with in accordance with the law and afforded all fair trial guarantees. Others should not be held collectively responsible for the proven or alleged crimes of a member of their family or community, and should not suffer any discrimination in the exercise of their fundamental rights. 41. The situation of internally displaced persons with a perceived affiliation to ISIL might be heightened by the potential return of thousands of Iraqis from Al-Hawl camp and other camps in the Syrian Arab Republic, and requires a greater effort by the Government of Iraq, for example in the form of social cohesion and reconciliation programmes, to tackle discriminatory practices. The Government must ensure that all internally displaced persons and returnees are treated without discrimination and afforded the support and protection they are due to enjoy their human rights in equality with others. C. Internally displaced children 42. The situation of internally displaced children in Iraq – a generation traumatized by violence, deprived of education and opportunities – is among the most tragic legacies of the conflict against ISIL. Internally displaced children who lived in areas controlled by ISIL have been exposed to some of the most extreme forms of violence, exploitation and abuse, and now face additional psychosocial challenges due to their situation of displacement. They require 13 International Committee of the Red Cross, Study on Customary International Humanitarian Law, Rule 103. 9