Actors of protection

GUIDANCE NOTE
Last updated: June 2019

Article 7 QD stipulates that protection can only be provided by:

 

The Iraqi State         

The presence and control of the Iraqi State have become stronger since the defeat of ISIL. It can be concluded that the State may, depending on the individual circumstances of the case, be considered able and willing to provide protection that meets the requirements of Article 7 QD in Baghdad and southern Iraq. In most other parts of northern and central Iraq, including the disputed territories, the capacity of the State is limited and the criteria under Article 7 QD would generally not be met.

When assessing the availability of State protection, individual circumstances, such as ethnicity, home region, gender, social status, wealth, personal connections, actor of persecution and type of human rights violation must be taken into account. The Iraqi State is in general considered able and willing to provide protection that meets the requirements of Article 7 QD for Shia Arabs in Baghdad and southern Iraq. This is without prejudice to the assessment in cases where State protection is considered not available due to individual circumstances. With regard to Sunni Arabs, the availability of state protection is considered limited, but may in individual cases be available. State protection is generally not considered available for members of minority religions and ethnicities, Palestinians, LGBTIQ persons and victims of domestic or honour-related violence, and gender-based violence, including harmful traditional practices, such as forced and child marriage and FGM/C.

It should be noted that if the actor of persecution is a PMU, and the group in question is considered a State actor, effective protection is presumed not to be available in accordance with Recital 27 QD.

 
The Kurdistan Regional Government           

In general, the KRG is considered to be an actor of protection meeting the requirements of Article 7 QD. However, in certain individual circumstances, such as for persons perceived as associated with ISIL, political opponents, LGBTIQ persons, in relation to harmful traditional practices, honour-based and domestic violence, the KRI may be unwilling to provide protection within the meaning of Article 7 QD.

 
Parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State

No such actors are identified in Iraq.

 

In case protection needs have been established in the home area, and if it is established that there is no actor who can provide protection in the meaning of Article 7 QD, the examination may continue with consideration of the applicability of internal protection alternative (IPA).


 

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