IRAQI ARMY COMMANDEERS RETURNEE PROCESSING IN

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003189 SIPDIS E.O. 12958: DECL: 10/01/2018 TAGS: PGOV PREF IZ SUBJECT: IRAQI ARMY COMMANDEERS RETURNEE PROCESSING IN WESTERN BAGHDAD REF: BAGHDAD 3188 Classified By: Deputy Politcal Counselor Greg D'Elia for reasons 1.4 (b ) and (d) ¶1. (C) Summary: The Iraqi Army's Karkh Area Command (KAC) has established a Returnee Processing Center (RRC-West) to address IDP returns. RRC-West is in its fourth week of assisting returnees move back into their western Baghdad homes. The KAC assumed the lead in this process, after it assessed that the Ministry of Displacement and Migration (MoDM) was not ready. In contrast, the MoDM has taken the lead in eastern Baghdad (REFTEL). Both centers appear to provide similar services, but it may be that the ISF run RRC has better facilities and coordination with ISF units at the neighborhood level. End Summary. Background ¶2. (SBU) On August 3, Prime Minister Maliki issued Order 101 on property restitution of returnees. The order went into effect on September 1 and directed the MoDM and Iraqi Security Forces (ISF) to assist returnees move back into their homes and, when necessary, evict illegal tenants. (Note: The removal of illegal tenants by the ISF may be in violation of Iraqi civil law, which requires court rulings for evictions. End Note) The PM order created two RRC, one in Rusafa (east Baghdad) and the other in Karkh (west Baghdad). Ideally, the MoDM is responsible for registering returnees and processing paperwork for among other things, ration and ID cards. The Land Registry is responsible for verifying returnee documents (deeds and leases) proving their right to return. Applicants then register with their District or Neighborhood Councils and local ISF. If a returnee's home is vacant, they can move right in. If the returnee's home is occupied with an illegal tenant, the returnee elicits ISF support in forcing the squatters out. ¶3. (C) According to the ISF in Karkh, the MoDM had chosen a building near the city's fairgrounds for its RRC site. As the PM Order 101 launch date neared, the ISF felt that the MoDM was not ready to begin operations ) the MoDM site was unmanned and had no office equipment. The ISF was concerned that a delay in returnee processing would endanger security so, the KAC in coordination with the Baghdad Operations Center (BOC),opened the RRC on its own facility at the Muthanna Airfield. Operations at the new site began with only a minor delay on September 3. 
Operations ¶4. (SBU) The RRC is manned by both the KAC and MoDM, but it is clearly an ISF-run operation. The center has processed some 500 returnee families in its initial three weeks of operation. Returnee processing at RRC-West begins with a representative from the Land Registry checking applicant deeds and rental agreements for validity. (Note: While IA endeavors to make resettlement assistance decisions based on what it believes to be very clear cases under Iraqi law, leaving the less clear cases for the parties to resolve in the courts, IA does on occasion use its own discretion to determine the validity of ownership and leasehold claims. For example, in one instance a returnee claimed that he was the husband of the owner of a home, but that his wife was bedridden and could not come to the center. The IA offered to visit the wife and verify the documents that way. The applicant quickly recanted his statement and claimed he did know whereabouts of his wife. End Note) ¶5. (SBU) If a returnee's residency right is established, the IA issues an order permitting the family to return home. A copy of the order is given to the returnee and the KAC passes information down its chain of command to the local IA brigade and battalion. Notification from the KAC lets the local ISF unit know to provide assistance to a returning family. In those instances where a returnee's home is occupied by a squatter, the ISF give the illegal tenant 48 hours to vacate the premises. When necessary, the ISF will enforce the eviction order. The direct involvement of the ISF is an advantage for returnees. For example, if a local ISF unit is not being cooperative, returnees can come back to the Karkh RRC and speak with superior officers directly, who can then rectify the situation expeditiously. ¶6. (SBU) In addition to the primary Karkh RRC, the KAC has established two satellite offices in Ghazaliya, western Baghdad. The satellite offices operate locally, the key difference being that the satellites do not have representatives from the Land Registry's Office. If a returnee's right of ownership is unclear or contested, they must go to the primary center. The KAC plans to open two more satellite offices in East and West Rashid. BAGHDAD 00003189 002 OF 002 ¶7. (C) Comment: The ISF has recognized the importance of returnees for stability and security in Baghdad. In the instance of western Baghdad it has demonstrated initiative in the face of bureaucratic morass. This is commendable. By comparison, the Rusafa RRC in eastern Baghdad is run by the MoDM, but needs more staff. The ISF's commandeering of the returnee process in western Baghdad serves as a quick fix and addresses the primary goals of security and reconciliation, but raises questions about the capacity of civilian institutions and the future predominance of the military in Iraq. End Comment. CROCKER