GOI LAUNCHES PROPERTY RESTITUTION PROGRAM; POLICE

C O N F I D E N T I A L SECTION 01 OF 04 BAGHDAD 002960 SIPDIS E.O. 12958: DECL: 09/10/2018 TAGS: PREF PHUM PGOV EAID IZ SUBJECT: GOI LAUNCHES PROPERTY RESTITUTION PROGRAM; POLICE AND LOCAL COUNCILS ASSISTING RETURNS; RETURNEE ESTIMATES VARY REF: A. BAGHDAD 2227 ¶B. BAGHDAD 2308 ¶C. BAGHDAD 2391 Classified By: Deputy Chief of Mission Patricia A. Butenis for Reasons 1.4 (b) and (d). ¶1. (SBU) SUMMARY: The GOI's policy on property restitution and evictions coincides with improved security in some neighborhoods and has the potential to encourage increased returns of Internally Displaced Persons (IDPs) and refugees to those districts. According to the GOI, over 7,500 families, estimated to be about 45,000 persons (UNHCR uses an estimate of 6 persons/family),have returned of their own accord during the year. GOI and international organizations cite a range of figures on returnees and we have little confidence that any one is definitive. In August, four GOI flights from Cairo returned approximately 1,000 refugees and generated media attention. Many returned because of impoverishment; an NGO survey shows that just under half were able to return to their homes. A Fardh al-Qanoon (title given to the Baghdad security plan operation, translates to "Enforcing the Law") press conference on August 18 and an August 25 meeting with key GOI actors in the process provided us with some detail on how the GOI intends to implement its policy on property claims and eviction of unlawful tenants. A visit to the Rashid District of Baghdad on August 28 revealed that returns are underway in areas that are secure. However, few returnees were receiving the promised $800 return grants from the Minister of Displacement and Migration (MODM). We are pushing MODM to strengthen its outreach efforts and to get these payments moving. END SUMMARY BOC COMMANDER'S PRESS CONFERENCE ¶2. (U) At a press conference on August 18, General Abud, commander of the Baghdad Operations Center (BOC),command center for security forces in the Baghdad Governorate, MODM Minister Sultan and Implementation and Follow-up Committee for National Reconciliation (IFCNR) Chair Mohamed Salman outlined the GOI's new policy on property restitution, eviction of squatters and payment to returnees. Abud reported that 7,500 families had &spontaneously8 returned in 2008. General Abud also announced September 1 as the deadline for squatters to comply with the Prime Ministerial order to vacate illegally occupied houses and GOI owned properties. Thereafter he stated that &squatters would face the prospect of prosecution and imprisonment.8 Later in the press conference, Abud gave a more realistic time frame, saying that emptying houses would take several months. When asked at the August 25 meeting, the GOI representatives stated that there would be no forced evictions. There clearly remain differences of opinion within the GOI over the scope and timing of evictions. SUNNI SHAYKH FROM HURRIYA EXPRESSES SECTARIAN CONCERNS ¶3. (C) On August 21 Sunni Shaykh and Imam Mahmoud Ali Al Falahi, Vice Chair of the Sunni Endowment and displaced from Hurriya, expressed to Refcoord his concerns about whether the GOI would implement the evictions and return policy without discriminating between Sunni and Shia. (Note: On related matters, Deputy Prime Minister Essawi discussed his concern about the sectarian aspect of return with PolMinCouns and urged him to speak with Shaykh Al Falahi. End Note) The Shaykh called the GOI announcement &positive talk with little expected result.8 &When the GOI does take action,8 he stated, &there is a tendency to favor the Shia.8 The Shaykh noted that the GOI had that week evicted 70 Sunni families from homes they were occupying in the Adl neighborhood of Mansour to facilitate the return of the Shia homeowners. These Sunni families had originally been displaced from Hurriya, but could not return there because their homes were occupied by Shia. He complained that the GOI was not taking the steps necessary to facilitate return of the Sunnis, who were now being displaced for the second time, to their homes in Hurriya. This is an area which remains under control of Shia militias. The delay by the Iraqi Army (IA) in taking control of Hurriya from militias and continuing extremist threats and violence against the few Sunnis who have attempted to return remain road blocks to the return of 7,500 Sunni families the Shaykh claimed were displaced from that neighborhood. MEETING WITH MODM AND IFCNR CLARIFIES RESTITUTION PROCESS ¶4. (SBU) USAID Acting Mission Director Denise Herbol, Refcoord, and MNF-I Maj. Gen. Mark Zamzow met on August 25 BAGHDAD 00002960 002 OF 004 with MODM Minister Sultan, IFCNR Chairman Salman and the Governor of Baghdad, Hussein Al-Tahan, to get a readout on implementation of the GOI's new policy on property restitution and evictions -- Prime Ministerial Order 101. The order was issued for the Baghdad Governorate. The meeting was to obtain clarity on how the order is being implemented; when and where registration centers would be opened; how the GOI would handle evictions; and most importantly, whether the GOI was committed to implement the program in an even-handed, non-sectarian manner. ¶5. (SBU) The officials responded to questions concerning implementation of the prime minister's order with the following points: (a) The process is focused on property restitution. The GOI opened a center in Rusafa August 23 and claimed to have opened another in Karkh August 31. (Note: Coalition Forces checked the Karkh center September 2 and found no furniture and no staff. End Note) Owners with valid deeds can file claims for restitution of their properties at these locations. Centers include staff from MODM, IFCNR, the Ministry of Justice, the Governorate of Baghdad, the BOC, and the Property Registry. Sultan stated that MODM will pay stipends to returnees who need assistance while working through the process. He also claimed that the existing grants and compensation claims process is working smoothly and that there are sufficient funds in its budget to pay claimants. (b) IFCNR Chairman Salman stated that there would be no broad-scale evictions. Absent a claim for an occupied property, the GOI would not evict squatters (unless a squatter presented a security risk). Sultan seconded this statement saying to proceed otherwise would not be feasible as the GOI does not have an inventory of all the homes that were vacated by refugees and IDPs who fled. (c) If a house is occupied by a registered IDP, the occupant would receive a stipend of 300,000 dinars (US $275) for six months to help pay for new housing. The occupant, whether a registered IDP or not, would have one month to move out of the home. The GOI would if needed use force to remove illegal occupants who refuse to move out within the deadline. When pressed for details, no one could say whether the police or IA would enforce this. (d) MODM and IFCNR stressed that the implementation of PM Order 101 would be done in a fair and evenhanded manner and would not favor Shia or Sunni. Sultan repeated this sentiment forcefully in his closing statement: "(we don't discriminate." ¶6. (SBU) Present at the August 25 meeting was a female leader of the Karkh district council. She engaged in a heated discussion with the Baghdad Governor over her complaint that the GOI was not providing security to enable Hurriya property owners to return. She echoed the concerns of the Sunni Shaykh (para 3) that some property owners were being forced to leave homes they were occupying in other neighborhoods and that those who had tried to return to Hurriya were facing intimidation and violence. IFCNR Chair Salman acknowledged that security conditions would not presently permit returns to Hurriya, but he said that property owners displaced from Hurriya should nevertheless start the process by filing claims for restitution. ¶7. (SBU) The group agreed that the return of hundreds of thousands of displaced persons is a complex challenge that would take a long time to address and that property restitution was a first step. The GOI launched this now to facilitate the return of displaced Iraqis in time for the fall school term. The GOI is also extending school registration deadlines for returnees. MODM estimated that 30 percent of IDPs would choose to integrate locally in their areas of displacement. Sultan expected this could include many Shia who were displaced from predominately Sunni areas in central Iraq and would remain in predominately Shia provinces in southern Iraq. IDPS RETURNING TO BAGHDAD'S RASHID DICTRICT ¶8. (SBU) On August 28, Refcoord, USAID and Baghdad PRT staff visited three neighborhoods in the Rashid district of Baghdad. According to the most recent figures (August 29) obtained by U.S. forces from National Police (NP) commanders, approximately 6,951 families (Sunni, Shia and Christian) have returned since March 2007, with 5,204 of them since April of ¶2008. The 1st Brigade/4th Division, E-PRT Baghdad-1, which organized the visit, is actively engaged in supporting return BAGHDAD 00002960 003 OF 004 efforts by the NP and neighborhood councils. The process, implemented by the NP in the three neighborhoods with the most organized systems ) Hadar, Saydiya and Risalah ) involves restitution requests from property owners, verification of deeds and leases and eviction if properties are occupied by squatters. Police and neighborhood councils have made some efforts to assist evicted squatters who were themselves IDPs find alternative housing. While the process is similar to that launched by the GOI in August, police battalions across Rashid have been successfully supporting returns for the past six months. The IFCNR-recognized Saydiyah Support Council organized the process in Saydiyah (ref C),which also involved building security walls and checkpoints around the neighborhood. In Hadar, we witnessed how the NP controls the process by scheduling and monitoring the return of 30 families per week on Thursdays. Four recently returned and returning families we spoke with reported they had received no assistance from the MODM and were unaware how to obtain that help from MODM. In Saydiyah, one member of the Support Council said he was receiving monthly payments from MODM. All had heard the promises, but few knew how to get the payments and MODM had no offices in the district where people could apply. The NP Commander in Risalah complained sharply about MODM,s absence from the district. GOI RETURNS 1,000 REFUGEES FROM CAIRO ¶9. (SBU) Over 1,000 Iraqis returned to Baghdad on four GOI organized flights from Cairo on August 11, 17, 24 and 31 aboard the Prime Minister,s personal aircraft. MODM registered the returnees from three of the four flights and reportedly provided them cash grants of 150,000 ID ($125) for families and 50,000 ID ($42) for individuals. MODM as well as the USAID-funded International Medical Corps (IMC) are following up with returnee families from these flights to assess their neighborhood conditions and ascertain if they are returning and settling in their places of origin or elsewhere. According to IMC,s rapid response survey, conducted after the August 24 flight, the principal reason cited for return was impoverishment. The IMC data show that 40 percent of the returnees were able to return to their homes. Those who could not return cited damage, squatters, or lack of home ownership as impediments. RETURNEE ESTIMATES ALL OVER THE MAP ¶10. The GOI and international organizations are putting out a range of figures for returnees. Police battalions in Rashid have provided Coalition Forces with returnee figures totaling 6,951 families for that sector of Baghdad since March 2007. It is unclear whether the number cited by General Abud (para 2) is a figure for Baghdad or for all of Iraq. The spokesman for the Baghdad security plan said in an August 25 press conference that 11,000 families had returned, and that this figure had come from MODM. The mid-year MODM report dated June 23 lists the figure for registered returnee families at 5,331. Finally, the International Organization for Migration (IOM) estimates that over 16,000 families have returned since late 2007. While we know that returns are occurring and at an increasing rate, we cannot at present cite any definite figure for Iraq-wide or Baghdad-wide returns, given the varying sources and time periods of information, coupled with the myriad ways of gathering information. Another factor is that many returns are happening spontaneously without assistance or registration. For example, the Sayediya Support Council told us that they had assisted the return of 1,600 families, but that they had counted 3,000 houses as having been re-occupied by owners. (Note: Sayedia is somewhat unique in having had a large number of vacant houses never occupied by squatters. See reftel C.) ¶11. (SBU) COMMENT: Security remains the overriding factor in determining returns. The successful and steady returns process in Rashid shows that displaced Iraqis (mainly IDPs rather than refugees so far) are returning to their homes as neighborhoods become secure and are doing so with the support of NP, local councils, and in some cases, IFCNR and the BOC. In other areas, such as Hurriya, where the Mahdi Army and Special Groups retain control, the process has not started. MODM has been largely absent from the return efforts in Baghdad neighborhoods. The new national restitution and eviction policy essentially mirrors what police and local councils have been implementing in Rashid for several months. If implemented effectively, new GOI registration centers should enable property owners to start the restitution process even before security permits return to their neighborhoods. The centers could also help streamline the BAGHDAD 00002960 004 OF 004 MODM payment process and put it at the local level; currently, returnees must go to MODM's central office in Baghdad to get assistance pay-outs. ¶12. (SBU) While the Prime Minister has placed competing demands on MODM Minister Sultan, it is apparent that MODM needs to strengthen its capacity to assist returnees. MODM has done little outreach and is paying out only small numbers of the stipends promised by the GOI for registered IDPs and returnees in 2008. That said, MoDM has had continuing difficulties with getting funding released from the finance ministry. The USG will continue to work on assisting MODM to improve this process. At the same time, the GOI will continue to face challenges in gaining the confidence of IDPs and refugees and overcoming suspicions that property restitution will be a fair, transparent and non-sectarian process. END COMMENT CROCKER