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.

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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