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An international organization: The Iraqi authorities have failed to compensate thousands of Yazidis and others in Sinjar
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2023-05-09 00:27
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Shafaq News / Human Rights Watch said today, Tuesday, that the Iraqi authorities failed to pay the financial compensation due under Iraqi law to thousands of Yazidis and others from Sinjar district for the destruction and damage caused to their property before by ISIS and as a result of the military battles waged by the Iraqi forces. And the coalition forces led by the United States are against him.
An international coalition led by the United States expelled ISIS from Sinjar in late 2015, but at least 200,000 Sinjars are still suffering in camps for the displaced in northern Iraq.
“Without compensation, many Sinjars lack the financial resources to rebuild their homes and businesses, so returning home is simply not possible,” said Sarah Sanbar, Iraq researcher for Amnesty International. “The Iraqi authorities need to distribute the money already earmarked for compensation to help people return home.” their homes and rebuild their lives.
Sinjar (Kurdish: Shingal) is a district located in a mountainous region in northwestern Iraq, and it is home to a mixture of Kurds, Arabs, and Yazidis, who are an ethnic and religious minority. As of 2023, Yezidis from the region made up 85 percent of the 200,000 Sinjaris who remain displaced.
Many of the displaced have been living in camps since 2014. Those who have returned face precarious security conditions and inadequate or non-existent public services, including education, health care, water and electricity.
To understand the barriers to their return, Human Rights Watch interviewed dozens of Sinjars living in refugee camps in Dohuk governorate; three Sinjars who returned to Sinjar; local government officials, including Najm al-Jubouri, the governor of Nineveh; Majid Shankali, Member of Parliament representing Sinjar; Nayef Sido, Acting District Commissioner of Sinjar Region; a former member of the Nineveh Governorate Council; And a representative of the sub-compensation committee in Sinjar.
The organization also interviewed the former head of the Autonomous Administration in Sinjar, representatives of six civil society organizations, and two Western diplomats.
In its report issued today, the international organization says, "The only Sinjaris who have received compensation so far are a small number of Yazidis who have submitted claims under a law passed by the Iraqi government in 2021, which is the 'Yazidi Women Survivors Law', to provide compensation to the Yazidis and other ethnic minorities, including the Turkmens." Christians and Shabak who were summarily killed, kidnapped, enslaved and raped by ISIS in 2014. Thousands of Yazidis are still displaced, and 2,700 are missing.”
A first group of 420 Yazidi women received financial compensation under the Yazidi Survivors Law in February 2023.
Rights Watch says: This step is positive and necessary to address the violations committed against the Yazidi community and other minorities, which amount to crimes against humanity, but it meets the needs of only a small part of the Sinjar people who have the right to compensation.
Those not covered by the Yazidi Survivors Law have the right to file compensation claims under Law No. 20 of 2009, which has broader jurisdiction and allows Iraqis to seek compensation for damages “as a result of war operations, military errors, and terrorist operations.” The law provides for compensation for all civilian victims of the war and their family members in cases of "martyrdom, loss, disability, injuries, damage to property, and damages related to employment and study." Compensation for property damage includes damaged vehicles, houses, farms, furniture, shops and businesses.
Since the opening of the Office of the Compensation Subcommittee in Sinjar under Law No. 20 in 2021, 10,500 Sinjari have filed compensation claims, a representative of the office told Human Rights Watch. He also said that about 5,000 of these requests were approved, but that no family received any money owed to them.
Majed Shankali, a member of the House of Representatives from Sinjar, said: Compensation demands have not been paid in Sinjar due to problems with the federal budget since 2021. Iraq has not approved a federal budget in 2022 due to the inability to form a government after the October 2021 elections. The cabinet approved. Iraqi in March 2023 on a draft budget covering the period from 2023 to 2025.
People interviewed by the organization cited the government's failure to provide compensation as a major obstacle to their return, in addition to the lack of basic services and security risks in Sinjar.
"Your house gets destroyed and then you have to pay money to get compensation for something that wasn't your fault," said a shopkeeper living in a camp for the displaced.
People interviewed by Human Rights Watch said: Compensation procedures under the Yazidi Survivors Law and Law No. 20 are complex, lengthy, and expensive, and sometimes even impossible to achieve. The process under Law No. 20 in Sinjar, as in other Iraqi regions, has been hampered by deficiencies in terms of procedures, operations, and budgetary issues.
People interviewed by the organization reported that it took them up to two years to complete the procedures and spent between 300,000 and 1 million Iraqi dinars (between $205 and $762) on legal and administrative fees and transportation. They also said that the compensation recommended by the Sinjar Compensation Committee was often much less than the value of destroyed homes or businesses, or much less than the cost of completely rebuilding them.
For some, the cost of the process and the related bureaucratic complexities, coupled with its apparent futility, led them to refrain from the whole matter or even not to file compensation claims at all, according to the report.
The committee that oversees compensation under Law No. 20 includes representatives from the Ministries of Health, Defense, Interior, and Justice, and from local government. Claims are assessed on a case-by-case basis, taking into account the value of lost homes and businesses and the percentage of damage.
The report indicates that the committee suffers from a significant shortage of staff, as there are only five officials in the compensation office in Sinjar, which is the body affiliated with the local government and its mission is to receive and decide on claims in Sinjar, and it is charged with studying thousands of claims.
A representative of the CSC office in Sinjar said that when the CSC approves a request, it is sent for approval either to Mosul—for claims under 30 million Iraqis ($20,500)—or to Baghdad, for claims above that. After that, the application is sent to the relevant financial department to consider the payment and distribution procedures.
The representative said that the lack of staff contributed to the long waiting time, and that the non-payment of compensation to the applicants who received approval is the result of the delay in the financial department in Nineveh Governorate in Mosul.
Of the 5,000 applications approved by the Sinjar Compensation Committee, 1,500 are awaiting final approval from Mosul or Baghdad, and 3,500 are awaiting payment by the Finance Department.
Human Rights Watch said that the Iraqi government should address the delays in the compensation process that impede the timely disbursement of funds to the claimants, and ensure the provision of adequate funding for Law No. 20. In addition, and to remove other barriers that prevent the return of the Sinjarians and the realization of the economic rights of all of them. If he lives there, the Iraqi authorities should provide funds to develop physical infrastructure and provide public services in Sinjar, including education, health care, water, electricity, and more.
The Iraqi constitution of 2005 guarantees the payment of compensation to the families of those killed and injured in acts it considers terrorist. Human Rights Watch has previously reported on the discriminatory application of Law No. 20 and its prevention of families with alleged ties to ISIS from obtaining compensation or filing claims to that effect.
“Compensation is a critical step towards acknowledging the suffering civilians have gone through and helping them rebuild their lives,” Sanbar said. “The government should allocate money for approved compensation and pay it as quickly as possible. Sinjars should not be left waiting in vain.”
Compensation loopholes under Law No. 20
The Sinjars interviewed by the organization said that the compensation process under Law No. 20 is complex, lengthy, and costly. Claimants are required to obtain seals or documents from several agencies, including the local municipality office, the courts, the Ministries of Electricity and Agriculture, the Water Department, the Judicial Damage Assessment Committee that assesses property value and the level of damage, the police, the National Security Agency, and the Compensation Department.
These people reported spending up to one million Iraqi dinars ($762) on administrative and legal fees and travel expenses between Sinjar, Mosul, and Dohuk. The last step in the process is obtaining a security clearance from the Intelligence and National Security Agency of the Ministry of Interior confirming that the claimants are not wanted because of their affiliation with ISIS, which could take months.
Claimants should also identify each piece of furniture that was looted or destroyed. Nayef Sido, acting mayor of Sinjar, said he estimates that 90 percent of the items under review are furniture. The process could take years to complete.
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[You must be registered and logged in to see this image.]
2023-05-09 00:27
Share
Font
Shafaq News / Human Rights Watch said today, Tuesday, that the Iraqi authorities failed to pay the financial compensation due under Iraqi law to thousands of Yazidis and others from Sinjar district for the destruction and damage caused to their property before by ISIS and as a result of the military battles waged by the Iraqi forces. And the coalition forces led by the United States are against him.
An international coalition led by the United States expelled ISIS from Sinjar in late 2015, but at least 200,000 Sinjars are still suffering in camps for the displaced in northern Iraq.
“Without compensation, many Sinjars lack the financial resources to rebuild their homes and businesses, so returning home is simply not possible,” said Sarah Sanbar, Iraq researcher for Amnesty International. “The Iraqi authorities need to distribute the money already earmarked for compensation to help people return home.” their homes and rebuild their lives.
Sinjar (Kurdish: Shingal) is a district located in a mountainous region in northwestern Iraq, and it is home to a mixture of Kurds, Arabs, and Yazidis, who are an ethnic and religious minority. As of 2023, Yezidis from the region made up 85 percent of the 200,000 Sinjaris who remain displaced.
Many of the displaced have been living in camps since 2014. Those who have returned face precarious security conditions and inadequate or non-existent public services, including education, health care, water and electricity.
To understand the barriers to their return, Human Rights Watch interviewed dozens of Sinjars living in refugee camps in Dohuk governorate; three Sinjars who returned to Sinjar; local government officials, including Najm al-Jubouri, the governor of Nineveh; Majid Shankali, Member of Parliament representing Sinjar; Nayef Sido, Acting District Commissioner of Sinjar Region; a former member of the Nineveh Governorate Council; And a representative of the sub-compensation committee in Sinjar.
The organization also interviewed the former head of the Autonomous Administration in Sinjar, representatives of six civil society organizations, and two Western diplomats.
In its report issued today, the international organization says, "The only Sinjaris who have received compensation so far are a small number of Yazidis who have submitted claims under a law passed by the Iraqi government in 2021, which is the 'Yazidi Women Survivors Law', to provide compensation to the Yazidis and other ethnic minorities, including the Turkmens." Christians and Shabak who were summarily killed, kidnapped, enslaved and raped by ISIS in 2014. Thousands of Yazidis are still displaced, and 2,700 are missing.”
A first group of 420 Yazidi women received financial compensation under the Yazidi Survivors Law in February 2023.
Rights Watch says: This step is positive and necessary to address the violations committed against the Yazidi community and other minorities, which amount to crimes against humanity, but it meets the needs of only a small part of the Sinjar people who have the right to compensation.
Those not covered by the Yazidi Survivors Law have the right to file compensation claims under Law No. 20 of 2009, which has broader jurisdiction and allows Iraqis to seek compensation for damages “as a result of war operations, military errors, and terrorist operations.” The law provides for compensation for all civilian victims of the war and their family members in cases of "martyrdom, loss, disability, injuries, damage to property, and damages related to employment and study." Compensation for property damage includes damaged vehicles, houses, farms, furniture, shops and businesses.
Since the opening of the Office of the Compensation Subcommittee in Sinjar under Law No. 20 in 2021, 10,500 Sinjari have filed compensation claims, a representative of the office told Human Rights Watch. He also said that about 5,000 of these requests were approved, but that no family received any money owed to them.
Majed Shankali, a member of the House of Representatives from Sinjar, said: Compensation demands have not been paid in Sinjar due to problems with the federal budget since 2021. Iraq has not approved a federal budget in 2022 due to the inability to form a government after the October 2021 elections. The cabinet approved. Iraqi in March 2023 on a draft budget covering the period from 2023 to 2025.
People interviewed by the organization cited the government's failure to provide compensation as a major obstacle to their return, in addition to the lack of basic services and security risks in Sinjar.
"Your house gets destroyed and then you have to pay money to get compensation for something that wasn't your fault," said a shopkeeper living in a camp for the displaced.
People interviewed by Human Rights Watch said: Compensation procedures under the Yazidi Survivors Law and Law No. 20 are complex, lengthy, and expensive, and sometimes even impossible to achieve. The process under Law No. 20 in Sinjar, as in other Iraqi regions, has been hampered by deficiencies in terms of procedures, operations, and budgetary issues.
People interviewed by the organization reported that it took them up to two years to complete the procedures and spent between 300,000 and 1 million Iraqi dinars (between $205 and $762) on legal and administrative fees and transportation. They also said that the compensation recommended by the Sinjar Compensation Committee was often much less than the value of destroyed homes or businesses, or much less than the cost of completely rebuilding them.
For some, the cost of the process and the related bureaucratic complexities, coupled with its apparent futility, led them to refrain from the whole matter or even not to file compensation claims at all, according to the report.
The committee that oversees compensation under Law No. 20 includes representatives from the Ministries of Health, Defense, Interior, and Justice, and from local government. Claims are assessed on a case-by-case basis, taking into account the value of lost homes and businesses and the percentage of damage.
The report indicates that the committee suffers from a significant shortage of staff, as there are only five officials in the compensation office in Sinjar, which is the body affiliated with the local government and its mission is to receive and decide on claims in Sinjar, and it is charged with studying thousands of claims.
A representative of the CSC office in Sinjar said that when the CSC approves a request, it is sent for approval either to Mosul—for claims under 30 million Iraqis ($20,500)—or to Baghdad, for claims above that. After that, the application is sent to the relevant financial department to consider the payment and distribution procedures.
The representative said that the lack of staff contributed to the long waiting time, and that the non-payment of compensation to the applicants who received approval is the result of the delay in the financial department in Nineveh Governorate in Mosul.
Of the 5,000 applications approved by the Sinjar Compensation Committee, 1,500 are awaiting final approval from Mosul or Baghdad, and 3,500 are awaiting payment by the Finance Department.
Human Rights Watch said that the Iraqi government should address the delays in the compensation process that impede the timely disbursement of funds to the claimants, and ensure the provision of adequate funding for Law No. 20. In addition, and to remove other barriers that prevent the return of the Sinjarians and the realization of the economic rights of all of them. If he lives there, the Iraqi authorities should provide funds to develop physical infrastructure and provide public services in Sinjar, including education, health care, water, electricity, and more.
The Iraqi constitution of 2005 guarantees the payment of compensation to the families of those killed and injured in acts it considers terrorist. Human Rights Watch has previously reported on the discriminatory application of Law No. 20 and its prevention of families with alleged ties to ISIS from obtaining compensation or filing claims to that effect.
“Compensation is a critical step towards acknowledging the suffering civilians have gone through and helping them rebuild their lives,” Sanbar said. “The government should allocate money for approved compensation and pay it as quickly as possible. Sinjars should not be left waiting in vain.”
Compensation loopholes under Law No. 20
The Sinjars interviewed by the organization said that the compensation process under Law No. 20 is complex, lengthy, and costly. Claimants are required to obtain seals or documents from several agencies, including the local municipality office, the courts, the Ministries of Electricity and Agriculture, the Water Department, the Judicial Damage Assessment Committee that assesses property value and the level of damage, the police, the National Security Agency, and the Compensation Department.
These people reported spending up to one million Iraqi dinars ($762) on administrative and legal fees and travel expenses between Sinjar, Mosul, and Dohuk. The last step in the process is obtaining a security clearance from the Intelligence and National Security Agency of the Ministry of Interior confirming that the claimants are not wanted because of their affiliation with ISIS, which could take months.
Claimants should also identify each piece of furniture that was looted or destroyed. Nayef Sido, acting mayor of Sinjar, said he estimates that 90 percent of the items under review are furniture. The process could take years to complete.
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