The Iraqi government has failed to compensate thousands of Yazidis and others from the Sinjar district for the destruction and damage of their property resulting from the battle against ISIS, a report by Human Rights Watch has stated. Compensation is a key factor for those wanting to return home, but without it, many are unable to rebuild their homes or businesses and remain stuck in displaced people’s camps. Sinjar, a mountainous district in northwestern Iraq, is home to a mixed ethnic and religious population including Kurds, Arabs and Yazidis. As of 2023, 200,000 Sinjaris remain displaced, including 85% of the district’s Yazidi population. Those Yazidis specifically who suffered from ISIS in 2014 and applied under a law passed by the Iraq government only now are the first group to receive any kind of reparation. The report recommends that the Iraqi government addresses bottlenecks in the compensation process, ensures Law No. 20 is sufficiently funded, provides funding for both needed physical infrastructure and delivery of public services such as education, health care, water and electricity, and strengthens other rights associated with economic well-being.
Obstacles faced by those seeking compensation
Many of those seeking compensation are faced with a difficult and expensive process with lengthy waits. Those who have returned to Sinjar face an unstable security situation and inadequate or non-existent public services. Those not covered by the latest law are required to apply for compensation under Law No. 20 of 2009, which entitles Iraqis to compensation for damages they have experienced as a result of “war operations, military mistakes, and terrorist operations.” The claim process under Law No. 20 has been plagued by procedural inefficiencies and budgetary issues, and applicants repeatedly cited the bureaucratic complexity of the process. Furthermore, the compensation amounts recommended by the compensation committee are often lower than the value of the damaged property, and often the amounts could not cover the cost of rebuilding.
Recommendations from the report
The report emphasized the need for the Iraqi government to address bottlenecks that result in the delayed payment of funds to applicants, particularly with regards to Law No. 20 and the Yazidi Survivors Law. It is recommended that the government ensures that Law No. 20 is sufficiently funded, and provides funding for needed physical infrastructure as well as other public service essentials. For survivors, the report recommends that the Criminal Complaint should be removed as a prerequisite for compensation under the recently enacted Yazidi Survivors Law, and that required levels of proof should be reasonable, notably in requiring four witnesses testifying to the veracity of a claim, plus the production of government documents and a high level of evidentiary standards. This would include documents issued by ISIS proving the incident as well as registration with four government agencies. Another important area for implementation is the wider repar
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