A/HRC/34/53/Add.1
26.
Some communities, notably some Sunni Muslims, who constitute a minority in the
region and who have also been deeply affected and displaced by ISIL, do not enjoy the
same freedoms as other groups, including freedom of movement outside of internally
displaced person camps and to urban areas. The Kurdistan Regional Government cites
security grounds for limiting the movement of some groups who may be suspected of
membership of ISIL and for conducting screening and detentions. Some displaced Sunni
groups have allegedly been held between ISIL and Peshmerga forces and refused access to
safety by the Kurdistan authorities. In 2016, in Ninewa Governorate, more than 520 people,
including an estimated 250 children, were stranded for months between military front lines
east of Sinjar mountain, unable to access food, water, shelter and medical assistance. 4 The
Kurdistan authorities allowed them to move to safety only after six months.
27.
The Kurdistan Regional Government, through the offensives of its Peshmerga
forces, has gained extensive territories in the anti-ISIL campaign, including de facto control
over parts of Kirkuk and its oil fields, which it considers to be part of the Kurdistan region.
Some of these “disputed areas” are historically the homes of minority ethnic and religious
communities, including Sinjar (Yazidis), Talafar (Turkmen) and the Ninewa plains
(Christians, Shabaks and other minorities) and are contested by the Kurdistan Regional
Government and the Federal Government. Minorities seek assurances for their return to,
and increased autonomy over, these territories.
V. Challenges facing ethnic and religious communities
28.
In this section, following comments by ethnic and religious community leaders that
their voices and issues are rarely heard, the Special Rapporteur provides brief details about
the situation of the ethnic and religious communities that she consulted. They include
comments made by community representatives in meetings with her and information and
figures that may not have been independently verified.
Baha’is
29.
The number of members of the Baha’i faith remains unclear, owing to a lack of
official data and factors including fear of publicly expressing their identity because of
historic and widespread discrimination. They are thought to number fewer than 2,000
throughout Iraq. Many do not openly practise their faith owing to continuing discrimination
and the legacy of past practices against them. The Baha’i were particularly oppressed by the
Baath party regime from the early 1970s, when the religion was banned, adherents were
forbidden from listing their religion in civil records, Baha’i property was confiscated and
members of the community ultimately faced prison or execution.
30.
Regulation 358 of 1975 prohibited the issuance of national identity cards to Baha’is.
They were consequently denied registration of marriages or births, and thus were deprived
of the right to have a passport and a job, enter university, and buy and sell homes and
property. Baha’is continue to be denied full recognition in the Constitution of Iraq or
national law. In April 2008, the Iraqi Ministry of Interior revoked the 1975 regulation;
however, Baha’is continue to report difficulties in changing their identity cards to indicate
their religion. Many reportedly still have “Muslim” on their identification documents.
4
See www.humanitarianresponse.info/en/system/files/documents/files/hc_statement_on_
civilians_trapped_in_iraq_and_in_desparate_need_of_humanitarian_assistance_february_2016.pdf.
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