Guide for persons collecting documents/open source materials/photos/videos concerning the situation of Yazidis in Iraq

Objective: This guide sets out the type of issues that might be relevant to future judicial determinations as to whether Yazidis continue to face persecution in Iraq, and whether there are indicators that Yazidis are at risk of atrocity crimes. The guide aims to help persons in the field identify documentary evidence (photos/videos/articles) that would be potentially relevant to these questions. If you have any questions about the issues set out below, please do not hesitate to email us at Yazidiasylumproject@protonmail.com

Method: We suggest that anyone collecting photos/videos in the field use the IBA eyewitness app https://www.eyewitnessproject.org/. This is a tool that you can download onto your phone. It is available in several languages, including Arabic. It registers the metadata of evidence (i.e. time, date, location) in a very precise manner and helps courts to establish the authenticity and reliability of the information you collect. You retain access to the raw footage but it is also sent to a secure server, so if anything happens to your phone - there is a backup.

Relevant factors:

Capacity to meet basic needs

· Are the houses/tents/trailers where Yazidis live large enough for the number of people who live there?

· Do they provide sufficient insulation against the summer heat and the winter cold?

· Do Yazidis receive sufficient heating material in winter?

· Do Yazidis suffer from sandstorms, flooding, fires or other such dangers?

· Is the water supply sufficient?

· Is the water supply clean?

· Is the food supply sufficient?

· Is the food supply nutritious?

Access to education

· Are there schools in the areas where Yazidis live? If there are schools, were any destroyed? If they were destroyed, were they rebuilt?

· Are the schools that Yazidis attend in safe areas, and are they safe to travel to from the places where Yazidis live?

· Have there been any incidents of Yazidis, who attend schools, being threatened either at at school, or when attempting to travel to school;

· Are Yazidis, who attend school, required to attend Islamic prayers/conform to other religious practices?

· Are Yazidi women, who attend school, required to wear a headscarf?

· Are Yazidi females allowed to attend schools?

· Are there any safety risks for Yazidi females if they attempt to attend schools?

· Does the education curriculum address issues concerning Yazidi history/ identity/religion in an fair and objective manner?

· Does the education curriculum include any false or discriminatory information concerning Yazidis?

· Are Yazidis required to identify as a different group (i.e. as a Kurd) as a pre-condition for enrollment?

Access to employment & subsistence

· Are Yazidis able to obtain an identity card (Jensia) or do they face any difficulties in obtaining identity cards?

· Are there any barriers as concerns Yazidis being able to obtain employment in certain areas or in certain industries, because they are Yazidis?

· Are Yazidis required to identify as another group, or to adopt other religious practices (i.e. wearing a headscarf) as a pre-condition for employment?

· Are Yazidi women allowed to work by their community or by others at all/in certain areas/in certain industries?

Freedom of movement

· Do Yazidis face difficulties in obtaining passports, and if so, what type of difficulties do they face in obtaining passports?

· Have there been any incidents of Yazidis being stopped at checkpoints, or refused entrance to certain areas because they are Yazidis?

· Do Yazidi women face difficulties in travelling (including for the purpose of seeing a doctor) without a husband/guardian?

· Have there been instances where Yazidis were required to live in camps in order to receive money?

Ethnic cleansing/forcible transfer/right to adequate housing

Evidence concerning:

· Yazidi houses destroyed

· Yazidi homes occupied by other groups

· Yazidis prevented from leaving IDP camps

· Yazidis prevented from returning to their villages

· Yazidi villages occupied by other groups

· Yazidi villages not getting access to essential services (water, electricity, security)

· Destroyed roads to and from Yazidi villages

· Roads being rebuilt in non-Yazidi villages but not Yazidi villages

· No de-mining around Yazidi homes

· Selecting de-mining –i.e. demining occurring around non-Yazidi homes and non-Yazidi villages

· No rebuilding of Yazidi homes

· Selective rebuilding: rebuilding of non-Yazidi homes but not Yazidi homes

· Yazidis do not have the deeds for their property

Forced marriages

· Have there been cases where Yazidi rape victims were forced to marry the perpetrator?

· Have there been cases where Iraqi courts refused to allow divorces where Yazidi women were forcibly married?

· Situation of single Yazidi women in terms of their ability to obtain employment or to support themselves unless they are married

Religious freedom

· Have there been attacks on Yazidi places of worship or sacred places?

· Are there attempts to forcibly convert Yazidis to other religions?

Access to health care

· Is there counselling for Yazidis suffering trauma/depression/anxiety or otherwise in need of counselling?

· Are there culturally appropriate services available i.e female doctors who can counsel female rape survivors/persons trained to assist rape victims?

· Are there health care services in areas where Yazidis live?

· Do health care services treat Yazidis without discrimination?/Do Yazidis face difficulties in obtaining access to health care services?

· Have there been instances of Yazidis being required to identify as Kurds in order to obtain health care?

Genocidal ideology/hate speech

· Examples of Iraqi/Kurdistan media publishing hate speech against Yazidis

· Examples of Iraqi/Kurdistan politicians or officials stating discriminatory views against Yazidis

Right to security

· Have there been examples of Yazidis being arrested or detained without a valid basis?

· Have there been incidents where Yazidis were physically attacked because they are Yazidis?

· Have there been incidents where Yazidis were verbally attacked because they are Yazidis?

· Graffiti/signs including language that is threatening to Yazidis

· Is there a police or security presence in Yazidi areas?

· If there is a security presence in Yazidi areas or IDP camps, is it effective? i.e. ie there a response to incidents? Do the police intervene to protect Yazidis? Do the police take steps to arrest or detain individuals who have harmed or attempted to harm Yazidis?

· Have there been incidents where persons believed to have been involved in genocide/crimes have returned to Yazidi villages or areas?

Yazidis being denied protection of law

· If Yazidi file with the police or local authorities, is any action taken in response to the complaint?

· Have there been cases where persons suspected of being involved in crimes against Yazidis were released without investigation or trial?

· Are there examples of persons suspected of being involved in crimes against Yazidis being protected by police, law enforcement officers, or politicians?

· Are there examples of persons suspected of being involved in crimes against Yazidis being in positions of authority/power?

· Have there been cases were Yazidis were unfairly arrested/convicted, because of discrimination?

Political disenfranchisement

- What is the level of representation of Yazidis in parliament?

- What is the level of funding given to projects in areas where Yazidis live?

- What is the percentage of the budget spent on Yazidi areas?

- Are there examples of issues raised by the Yazidi member being ignored?

- Have Yazidis faced obstacles or obstruction when they attempted to vote or to register to vote?

- Have Yazidis felt pressured to vote in a specific way?

Lack of freedom of expression

- Are Yazidis able to speak freely about the difficulties they experience?

- Is the press able to enter camps and other areas where Yazidis live and report freely about what they see and hear?

- Have Yazidis been threatened or punished for speaking with members of the press?

General instability/lack of security (Yazidi areas but not necessarily targeting Yazidis)

- Ongoing hostilities in civilian areas

- ISIS attacks on civilians

- Landmines/unexploded ordinances

- Landmines in Yazidi areas

- Flooding/natural disasters and evidence that State has insufficient capacity to respond/repair

Air-strikes

- Is the airspace over Yazidi areas protected?