Informing humanitarians worldwide 24/7 — a service provided by UN OCHA

Iraq + 1 more

"The silent treatment", fleeing Iraq, surviving in Jordan

Attachments

Executive Summary

Since the start of the 2003 war in Iraq, hundreds of thousands of Iraqis have fled their country, seeking refuge in bordering countries. About one million are split evenly between Jordan and Syria, while Saudi Arabia and Kuwait have barred all Iraqis from entering and few are known to have sought refuge in Iran or Turkey. Countries within the region, as well as the larger international community, have largely ignored the presence and the needs of Iraqi refugees. This report focuses on the status and experience of Iraqis in Jordan not because Jordan has had a unique record in mistreating them; on the contrary, it and Syria have been the most generous in allowing Iraqis to enter and remain. Rather, Jordan serves as a case study to highlight-and to seek to remedy-the plight of Iraqi refugees, a shared responsibility of Jordan, neighboring countries, and the international community.

Although it has historically been among the most welcoming countries in the world toward refugees, the Hashemite Kingdom of Jordan today ignores the existence of hundreds of thousands of Iraqi refugees, does not address their needs for protection, and has not asked for international assistance on their behalf. It is a policy that can best be characterized as "the silent treatment."

Human Rights Watch regards the vast majority of Iraqi nationals in Jordan as "de facto refugees"-people who have fled conditions of generalized violence and persecution, who are in need of international protection and who face objective conditions of danger in their country, even if they have not registered asylum claims or had those claims adjudicated and been officially recognized as refugees by either the Government of Jordan or the United Nations High Commissioner for Refugees (UNHCR). De facto refugees in Jordan come from all walks of life and diverse religious and ethnic backgrounds. Both Sunnis and Shi'a have sought refuge in Jordan, as have non-Muslim minorities. De facto refugees include people who fled during the Saddam Hussein era and who still fear return, as well as people who newly arrive at the border. Some are threatened as collaborators with the Americans, while others are threatened for their alleged associations with the Ba'thist Party that ruled Iraq under Saddam Hussein. They represent people who flee both generalized violence as well as targeted persecution, including ethnic cleansing.

Yet Jordan treats Iraqis fleeing violence inside Iraq as temporary visitors, not refugees. Because Jordan has made renewal of their visas so difficult that most Iraqis quickly lose their legal status, most Iraqis are left to fend for themselves, living in the shadows, fearful, and subject to exploitation. Although UNHCR declared a "temporary protection regime" (TPR), the Jordanian government accurately insists that it never agreed to it. Of greatest concern, Jordan has increasingly subjected Iraqis to deportation or refusal at the border. Given the present level of violence and human rights abuses in Iraq, such returns and rejections appear in many cases to constitute refoulement, the forced return of refugees, a violation of international customary law.

A Jordanian official encapsulated the government's nonexistent Iraqi refugee policy when he told Human Rights Watch that Jordan was not facing a refugee problem, but rather one of "illegal immigration, no different from what the United States faces with Mexicans." This statement consciously ignores the carnage and abuse raging next door that compels Iraqis to seek refuge in Jordan. Most Iraqis are not coming to Jordan to seek economic opportunity, but rather to escape brutality and save their lives.

Palestinian refugees and Iranian Kurdish refugees who fled from Iraq face uniquely difficult situations in Jordan. Both groups lived for decades in Iraq without having integrated into Iraqi society, and found themselves especially vulnerable after the fall of Saddam Hussein. Although UNHCR recognizes the Palestinians and Iranian Kurds as refugees, they are restricted to a remote and desolate place where their lives are, at best, in limbo. A group of Iranian Kurds stranded at the border crossing are on the edge of a war zone, and in actual danger. By contrast, while UNHCR does not formally recognize the de facto Iraqi refugees in Jordan, the government does not restrict their movement or confine them to camps.

In late 2002 and early 2003, as the United States and its allies prepared to invade Iraq, Jordan initially vowed to close its borders to refugees fleeing Iraq. In practice, though, as Iraqis began to seek refuge from the escalating conflict, Jordan allowed them to enter the kingdom on 30-day visas issued at the border-as it had for about a quarter million Iraqis who left Iraq during the Saddam Hussein era to escape repression and the effects of economic sanctions. As it did before the war, Jordanian authorities looked the other way after April 2003 when Iraqis overstayed their visas, demonstrating considerable leniency in enforcing immigration laws.

Jordanian hospitality and tolerance toward Iraqis changed, however, after November 2005, when three Iraqi nationals killed 60 people by setting off bombs in three large hotels in Amman. Since the hotel bombings, Jordanian officials have stepped up immigration enforcement: turning away large numbers of Iraqis seeking entry at the border, making it harder for Iraqis inside Jordan to renew their visas and remain in legal status, and arresting Iraqis for working or residing illegally once they lose their legal right to remain in the country. As a result, Iraqis who manage to enter Jordan quickly lose their legal status and begin accruing fines of 1.5 Jordanian dinars (JD, equal to US$2) for each day that they remain in Jordan after their visas expire. For refugees with nowhere to go and limited sources of income, this quickly adds up to enormous sums that they are unable to pay. If the Jordanian police apprehend Iraqis who cannot pay the accumulated fines for overstaying their visas, the police deport them and deny them re-entry to Jordan for five years.

While Human Rights Watch appreciates Ministry of Interior (MOI) officials' assurances that they act according to humanitarian principles and do not return people to persecution, their approach seems to be based on personal exceptions rather than policy, and in practice has led to abuses, including refoulement, the forced return of refugees. Human Rights Watch research documented cases of refoulement both of Iraqi asylum seekers holding UNHCR cards and of de facto refugees who were not registered with UNHCR but who expressed to the authorities their fear of return. In addition, frequent travelers, such as taxi drivers, report to Human Rights Watch that more Iraqis are turned away at the Jordan-Iraq border since the Amman bombings.

Living illegally in Jordan creates a pervasive climate of anxiety among the Iraqi population. Without work authorization and with depleted savings, many Iraqis become dependent on relatives outside the region to send them money. Others sell their belongings or seek low-paying, under-the-table work. Those who work illegally are prone to accepting exploitative or marginal employment. They are often overqualified for these menial jobs, but earn less than Jordanians for the same work.

Iraqi children living in Jordan also face substantial barriers to education. Although the government has not clearly and categorically barred foreign children who do not possess residency permits from attending school, its actions and pronouncements have resulted in the denial of primary education for many Iraqi children. The timing and ambiguity of announcements of changes in education policy have sown confusion and uncertainty among Iraqis without residency permits and could be taken as a deliberate attempt to deter them from enrolling their children in school.

Jordan is not a party to the 1951 United Nations Convention Relating to the Status of Refugees (Refugee Convention) or the 1967 Protocol Relating to the Status of Refugees. It has never developed a domestic refugee law or a procedure for adjudicating asylum claims, and UNHCR hardly fills the gap. In 2003, the UN refugee agency initiated the temporary protection regime in Jordan and the surrounding region. Its purpose was to prevent all Iraqis who registered with the refugee agency from being deported to Iraq, based on temporary conditions of generalized violence in their home country. According to the TPR, UNHCR does not actually process registrants' asylum claims, but rather provides them with "asylum seeker" cards, which are intended to ensure access to territory and temporary protection from deportation, but not to establish a refugee status per se or any rights to permanent residency in Jordan.

Yet UNHCR's temporary protection regime has failed to provide protection to the majority of Iraqis living in Jordan. The agency has registered only 17,000 Iraqis in Jordan under its TPR, and provided them with "asylum seeker" cards. They represent a tiny fraction of the potential refugees in the country who have fled persecution, war, and generalized violence in Iraq. Moreover, even those who have registered receive little protection because Jordan does not accept the temporary protection regime and Jordanian officials refuse to recognize UNHCR-issued asylum-seeker cards (other than to notify UNHCR when card holders have been detained and to provide the agency access to conduct refugee status determinations (RSDs) for such detainees).

In refusing to accept the temporary protection regime, the government of Jordan insists that UNHCR continue to operate according to a 1998 Memorandum of Understanding (MOU) under which the refugee agency is required to adjudicate refugee claims and seek third-country resettlement for recognized refugees. However, UNHCR has suspended processing of almost all newly registered Iraqi asylum seekers both because it lacks the resources to adjudicate the enormous potential number of Iraqi claims in Jordan and because it does not want to engage in a procedure that could result in Iraqis being screened out and returned to Iraq for failure to qualify as refugees according to the narrow persecution standard in the Refugee Convention. Consequently, the refugee agency has only recognized a miniscule number of refugees-22 in 2005. The vast majority of Iraqis have neither registered as asylum seekers nor been recognized as refugees, though many appear to be refugees in need of international protection.

Historically, Jordan has been remarkably open to people from the region fleeing persecution, first Palestinians, now Iraqis. Although Jordan's historical generosity is now undergoing a severe challenge and its attitude appears to be hardening, it still fares well relative to most of its neighbors as one of the more tolerant countries in the region toward refugees. Most governments in the region are intent on preventing the entry of Iraqis and make no effort to regularize the status of Iraqis residing in their countries. UNHCR's efforts to declare a region-wide temporary protection regime for Iraqis fleeing war and persecution have largely fallen on deaf ears. Kuwait and Saudi Arabia bar the entry of most Iraqis and have negligible numbers of Iraqi refugees in their territories. Although Iran and Turkey are somewhat insulated from the problem by the predominant ethnicities and religious persuasions of Iraqi asylum seekers, as well as other buffers that result in fewer arrivals, neither state has made any provision for considering refugee claims that Iraqis might make on their territories.

Syria bears the greatest similarity to Jordan and shares with Jordan the bulk of the burden-hosting an estimated 450,000 Iraqis. Although Syria has generally been tolerant toward Iraqis, its tolerance, like Jordan's, appears to be ebbing, and Syria, like Jordan, has been less than forthright in identifying refugees and asking for help on their behalf. Lebanon, which hosts an estimated 20,000 Iraqis, makes no allowance for refugees, provides no basis to allow them to regularize their status, and regularly detains Iraqis who may well have persecution claims in order to coerce them to "voluntarily" go home. Other countries that host significant numbers of Iraqis, such as Yemen and Egypt, have taken steps to restrict their entry. Generally, Iraqis throughout the Middle East remain unregistered, uncounted, unassisted, and unprotected.

Governments outside the region are also all too willing to look the other way to avoid recognizing the presence of Iraqi refugees in Jordan-and, by implication, acknowledging this dimension of the human costs of the war in Iraq. The United States and the United Kingdom, the two states most heavily committed militarily in Iraq, have paid relatively little attention to the regional human fallout precipitated largely by their military intervention in Iraq. Both states have close ties with Jordan. It should be in their interest to address the Iraqi refugee problem generated by the Iraq war before the massive refugee burden has a destabilizing effect on the region. Since the start of the war in 2003 until the beginning of 2006, the United States took only 12 UNHCR-referred Iraqi refugees from Jordan and the United Kingdom took none.

Jordan has insisted that resettlement to third countries is the only option for refugees on its territory whom UNHCR has recognized. It is also overwhelmingly the preference voiced by Iraqi (as well as Palestinian and Iranian Kurdish) refugees interviewed by Human Rights Watch. Given the very large number of people in need of protection in Jordan, however, resettlement is not a viable option for more than a relatively small number of the refugees in need of protection. Therefore another approach is needed, and the Jordanian government and the international community need to be convinced to subscribe to a more realistic, fair, and effective protection regime.

Although unlikely under present circumstances, Jordan should accede to the Refugee Convention and Protocol, establish domestic refugee law and infrastructure, and take responsibility for protecting refugees on its territory and at its borders. At a minimum, the government must meet its international customary law obligations not to return Iraqis to persecution or torture. This principle-nonrefoulement-applies to asylum seekers, who, de facto, may be refugees, but who have not had the opportunity to be officially recognized as such. The principle of nonrefoulement also applies to people seeking asylum at the border whose rejection would likely subject them to persecution or other serious harm.

Whether or not it accedes to the Refugee Convention and incorporates the provisions of the Convention into domestic law, the Jordanian government should institute its own temporary protection regime in response to the ongoing armed conflict and generalized violence in Iraq and the danger of return. Jordan's Law on Residence and Foreigners' Affairs gives the minister of interior the discretion to waive normal immigration requirements "on account of special considerations connected with international or humanitarian courtesy or of the right to political asylum." The law's recognition of the right to seek asylum and its allowance for international and humanitarian considerations provides wide latitude for the minister of interior to exercise discretion to protect Iraqis and other foreigners fleeing war and persecution. This statutory provision provides clear authority in domestic law to embark on a temporary protection regime, even in the absence of a refugee law.

Such an ad hoc TPR should include both a bar to deporting Iraqis who register with the government for at least six-month intervals and work authorization for those who have registered for temporary protection. The government should announce an exemption from fines for overstaying visas for Iraqis who register for the TPR. Government-issued temporary protection cards should provide both renewable, time-limited residence permission and work authorization. Iraqi temporaryprotection beneficiaries should have equal access to health care and education as Jordanian nationals. With the assistance of UNHCR and the international community, the government should also provide temporary accommodation to Iraqis seeking asylum at the border.

The purpose of this paper is not so much to highlight the failures of the Jordanian government or to suggest that Jordan is uniquely responsible for a refugee problem that it faces largely as a result of geographical and historical happenstance. Jordan needs to institute a more responsible refugee policy, but it should not be expected to institute such a policy or bear the burden of such a policy alone. Its regional neighbors should join in providing temporary refuge, and the wider international community should provide prompt and generous support to enable Jordan to keep its doors open and to provide first asylum.

This level of international support is unlikely to be forthcoming, however, if Jordan does not recognize the refugee problem and ask for international help to address it. Yet the government studiously ignores both the scale of the problem (somewhere between a half million and a million people) and its character (as predominantly a refugee flow, not mere economic migration) to avoid acknowledging its responsibility to assist and protect.

One thing is certain: "the silent treatment" is not working and cannot continue. The government cannot go on pretending that huge numbers of Iraqi refugees are not living in Jordan, and assume that UNHCR can handle the problem. The scale of the refugee problem in Jordan is well beyond the resources of the UNHCR office in Amman, as currently constituted. The refugee reality in Jordan dictates a government response that cannot be shirked off onto UNHCR's narrow shoulders.

If Jordan does not follow Human Rights Watch's recommendation to institute its own temporary protection regime, the government must at least allow UNHCR broad authority to recognize refugees without guarantees that it will be able to find resettlement places for them. Donor governments, led by the United States, the United Kingdom, and the Gulf States, must provide the resources to give UNHCR the capacity to fulfill this role.

Minimally, Jordan should admit asylum seekers and tolerate the presence of refugees broadly recognized by UNHCR even if it is not able to provide them with a durable solution. It should refrain from rejecting them at the border or deporting them. It should allow them to work and provide them the basic necessities of life required by international human rights standards, including nondiscriminatory access to education and health care. Finally, Jordan needs to speak up and call upon the international community for help to share the enormous refugee burden it tries to ignore by remaining silent. Pretending that the burden does not exist will neither make the problem go away nor absolve Jordan of its responsibilities to protect and assist.

(pdf* format - 501 KB)

Disclaimer

Human Rights Watch
© Copyright, Human Rights Watch - 350 Fifth Avenue, 34th Floor New York, NY 10118-3299 USA