The statement below from UNHCR London was issued Tuesday 16th August.

UNHCR London position regarding UK proposal to return rejected asylum seekers to northern Iraq:

The UN refugee agency (UNHCR) believes that the situation in Iraq is still extremely unstable and dangerous, characterised by a general lack of law and order and the erratic provision of basic services. UNHCR's prevailing advisory to governments regarding Iraqi asylum seekers and refugees takes the position that no part of Iraq can be considered safe, although it is clear that at any given time some areas of the country are more stable than others and some people continue to return voluntarily.

Along with the public, UNHCR was informed last February that the UK planned to begin removing rejected Iraqi asylum seekers. The UK government said in July that it expected removals to take place around the end of August.

In light of the uncertainty of who may be subjected to persecution upon return to Iraq, UNHCR advises that if an asylum-seeker is not recognized as a refugee, it is recommended that he or she be granted some form of complementary protection in keeping with international human rights principles. UNHCR would also like to recommend that the UK government review its low recognition rate of Iraqi asylum seekers.
UNHCR is currently in the process of reviewing its guidelines on Iraqi refugees and asylum-seekers and will shortly publish a revised advisory further to its September 2004 recommendations. It is currently reviewing reports on the situation in the three northern governorates (Sulaymaniyah, Dohuk or Erbil) where there has reportedly been some improvement in the situation despite regular reports of kidnapping, various security incidents and an on-going lack of functioning property commissions and judiciary that would play a crucial role in resolving disputes.
In principle, all returns should be voluntary, and under internationally recognised principles of safety and dignity. At the present time, the UN refugee agency strongly advises States not to forcibly return rejected asylum-seekers unless they originate from Sulaymaniyah, Dohuk or Erbil governorates and have strong community links and some form of support in those areas. The utmost caution must be exercised in examining each individual case prior to undertaking involuntary return to the three northern governorates so as to avoid depositing Iraqis back into extreme hardship or possible refugee-like situations.

UNHCR is concerned by suggestions that the UK government plans to initiate forced returns to the three northern governorates via military aircraft. If indeed this were true, the use of military aircraft and any subsequent alleged association with the multinational forces will constitute a risk of persecution for Iraqis returning via such flights.
UNHCR's advice to States not to forcibly return rejected Iraqi asylum-seekers to central or southern Iraq is unlikely to change at the present time.

16 August 2005

Source for this UNHCR statement:

Peter Kessler
Senior External Affairs Officer
UN refugee agency (UNHCR)
First floor, Strand Bridge House
138-142 Strand
London WC2R 1HH
Switchboard tel +44 (0) 20.7759.8090
Direct tel. +44 (0) 20.7759.8091
mobile +44 (0) 7775.566.127
www.unhcr.org.uk/donate