V. RECOMMENDATIONS

Human Rights Watch urges the Iraqi government to stop immediately the continuing forced transfer of ethnic minority populations from Kirkuk and other regions and to take steps to allow for their return.

In the event of war in Iraq, there is an urgent need for the international community to prepare for humanitarian crises, as well as for a post-conflict period when internally displaced persons seek to return to the homes from which they were forcibly expelled by the Iraqi government. In the absence of a mechanism for the gradual return of the internally displaced, the likelihood of inter-ethnic violence erupting as individual families seek to re-establish claims to property and assets is very high. It is equally crucial that the international community provide both financial assistance and expertise for the administration of a mechanism allowing for the orderly return of internally displaced persons. It should also take all measures possible to ensure that Iraqi officials implicated in the perpetration of the policy of forced transfer of ethnic minorities-defined as a crime against humanity under international law-be held accountable and brought to justice.

To the Government of Iraq

· Respect the right to freedom of movement of all Iraqi citizens, including their freedom to choose and to remain in their place of residence and the right of all Iraqis to family unity.

· Cease immediately the forced expulsion of ethnic minorities, namely Kurds, Turkomans, and Assyrians, from their homes in Kirkuk and other areas where the policy of "Arabization" has been implemented.

· Cease immediately the resettlement of Arab families from southern Iraq in the homes seized from those expelled.

· Cease the coercive use of RCC Decree 199 of September 6, 2001, which "allowed" non-Arab Iraqis aged eighteen or over to change their official ethnic identity by applying to register as Arabs. Cease use of the "nationality correction" form to coerce members of ethnic minorities to register themselves officially as Arabs.

· Cease all coercive policies associated with the forced expulsion of ethnic minorities, including the seizure of property, businesses and other assets; forced recruitment into the Ba`th Party and paramilitary forces or as informers; the intimidation and harassment of families with relatives living in Kurdish-controlled areas; and the compulsory adoption of Arab names for persons and places. Lift all legal restrictions on the ownership and registration of property in their own right by ethnic minorities.
· Preserve all records in the possession of the government establishing the ethnicity and place of origin of displaced Iraqis, including duplicates of nationality correction forms, confiscated expulsion orders, and ration cards.

· Take immediate steps to provide a public and accessible register of all Kurds, Turkomans, and Assyrians forcibly expelled from their homes and of Arab families resettled from southern Iraq, as well as of all seized or confiscated real property. Make available all documentation necessary for the full, speedy and fair resolution of all claims regarding the return of housing and other real property and provide a public family tracing and reunification registry and service.

· Investigate and prosecute officials implicated in the policy of forced transfer of ethnic minorities, defined in international law as a crime against humanity, in accordance with principles of due process and the rights of the accused established under international law.

· Establish a specialist agency dedicated to implementing the safe and dignified return of internally displaced Iraqis.

· Set up a planning forum with representatives of governmental, nongovernmental and intergovernmental organizations with relevant expertise, as well as representatives of displaced Iraqis to develop a program to ensure that the internally displaced can return to their homes in safety and dignity and can resume their livelihoods and/or access publicly available assistance. All return programs should be consistent with the U.N. Guiding Principles on Internal Displacement and respect the rights of displaced Iraqis, and effectively publicize its provisions to all Iraqis.

· Set up a planning forum with representatives of governmental judicial, nongovernmental, and intergovernmental organizations with relevant expertise, as well as representatives of displaced Iraqis, to develop an impartial and efficient mechanism for family reunification and to resolve place of origin and property claims disputes in accordance with standards of international human rights and humanitarian law. Ensure that the family reunification, place of origin, and property claims dispute resolution mechanism respects the human rights of all parties involved, including the rights of unaccompanied minors to family unification, the property and place of origin rights of displaced persons, and the property and place of origin rights of resettled persons. Ensure that the property claims dispute resolution mechanism includes procedures for several remedies including inter alia: property restitution, or should restitution prove impossible, financial compensation.

To the PUK and KDP authorities

· Continue to compile records establishing the ethnicity and place of origin for displaced persons within areas under PUK or KDP control.

· Preserve all records currently in the possession of the PUK or KDP establishing the ethnicity and place of origin of displaced Iraqis, including duplicates of nationality correction forms, confiscated expulsion orders, and ration cards.

· Provide a public and accessible family tracing and reunification registry and service.

· Cooperate fully with a return program established in accordance with the U.N. Guiding Principles on Internal Displacement and with the family reunification, place of origin, and property claims dispute resolution mechanism.

To the international community, including donor governments and intergovernmental organizations with an interest in displacement, including the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), United Nations High Commissioner for Refugees (UNHCR), and the United Nations Development Program (UNDP)

· Urge the government of Iraq to immediately stop forced expulsions of ethnic minorities, and lift all legal restrictions on the ownership and registration of property in their own right by ethnic minorities.

· Assure the government of Iraq of their willingness to contribute their expertise and experience to assist with protection and assistance for displaced Iraqis.

· Assist with the establishment of a mechanism of orderly return of displaced Iraqis to their homes. Offer technical and financial assistance to the government of Iraq, the PUK, and the KDP authorities in compiling ethnicity, place of origin, and property claims registers and in providing a public family tracing and reunification registry and service.

· Take all measures possible to ensure that officials implicated in the policy of forced transfer of ethnic minorities-defined in international law as a crime against humanity-be held accountable and brought to justice

To the United States and its allies, should they become occupying powers

· Respect the freedom of movement rights of all Iraqi citizens, including their freedom to choose a place of residence, and to move to a place of safety either inside or outside of Iraq.

· Protect all Iraqis from arbitrary or unlawful interference with their privacy, family and home.

· Ensure that all humanitarian agencies have free and unimpeded access to assist internally displaced Iraqis.

· Take all possible measures to prevent attacks of retaliation or reprisal against persons now residing in disputed areas in and around Kirkuk. Preserve all records establishing the ethnicity and place of origin of displaced Iraqis, including duplicates of nationality correction forms, confiscated expulsion orders, and ration cards.

· Promote the establishment of a public register of all Kurds, Turkomans, and Assyrians forcibly expelled from their homes, and a similar register for Arab families resettled from southern Iraq.

· Promote the establishment of a public register of all seized or confiscated real property, and make available all documentation necessary for the full, speedy, and fair resolution of all claims regarding the return of housing and other real property.

· Establish a public family tracing and reunification registry and service.
· Assist with the design and implementation of a fair, safe, and sustainable program of return in accordance with humanitarian and human rights law, including the U.N. Guiding Principles on Internal Displacement.

· Assist with the design and implementation of an impartial and efficient mechanism for promoting family reunification and resolving place of origin, and property claims disputes in accordance with standards of international human rights and humanitarian law.