Identifier
Created
Classification
Origin
08BAGHDAD2960
2008-09-14 10:20:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

GOI LAUNCHES PROPERTY RESTITUTION PROGRAM; POLICE

Tags:  PREF PHUM PGOV EAID IZ 
pdf how-to read a cable
VZCZCXRO2403
PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #2960/01 2581020
ZNY CCCCC ZZH
P 141020Z SEP 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 9392
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
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).

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