Syria: Thousands of Displaced Confined to Camps

Areas Taken from ISIS Restricting Free Movement

2018-08-01

The de facto authorities of two areas of northeast Syria are unlawfully restricting the movement of people who escaped from Islamic State (also known as ISIS)-held areas in displacement camps, Human Rights Watch said on Aug 01, 2018.

Authorities from the Syrian Democratic Council, a civilian authority operating in areas retaken from ISIS, and the Kurdish Autonomous Administration operate these displacement camps. They have confiscated residents’ identification documents and arbitrarily prevented them from leaving. Camp confinement has increased vulnerability to exploitation, separated families, and restricted their health care access. Both authorities are constituted primarily from the Democratic Union Party (PYD).

“Without their IDs or any clarity on how to leave, vulnerable camp residents are now forced to contend with smugglers to leave the camps, get health care, or reunite with their families,” said Lama Fakih, deputy Middle East director at Human Rights Watch. “The authorities have not shown that restricting the movement of an already vulnerable group of people is necessary for any legitimate security or other reason.”

Human Rights Watch interviewed 24 Syrians displaced from Deir al-Zour and Raqqa, in person and remotely, who were in or had passed through four internal displacement camps – al-Hol, al-Sad, Mabrouka, and Ain Issa – between February 2017 and May 2018. They described fleeing violence and persecution, only to be captured by the Syrian Democratic Forces (SDF) or the People’s Protection Units (YPG), the armed wings of the Syrian Democratic Council and the Autonomous Administration respectively, placed in these camps, and prevented from leaving.

“We were forced to enter; some young men tried to resist entry, but the guards refused to let them go,” said a person from Deir al-Zour who passed through al-Hol camp. “If we are Syrian we had to go through the camp. And when we asked, when will you let us out, they told us, ‘Whenever we want, maybe never.’”

According to the United Nations, until May 2018, 125,642 residents from Raqqa and 248,658 from Deir al-Zour have been displaced by the fighting there. While displacement numbers have decreased, and camp populations have stabilized, according to aid groups and camp officials, the arbitrary restrictions on movement remain a concern.

The Democratic Council and Autonomous Administration, with the support of international organizations, set up six camps in Raqqa and al-Hasakeh governorates to receive the displaced residents. Two, Ain Issa and al-Hol, also house foreign nationals in separate sections. The SDF also erected multiple checkpoints to capture and screen incoming people, re-route fleeing populations to the camps, and detain ISIS suspects, residents and aid groups told Human Rights Watch.

All of those interviewed said they needed permission from the camp authorities to leave, either for government-held areas, such as Damascus and Aleppo, or to return to areas in Raqqa and Deir al-Zour that the local authorities determined was safe for return. Camp authorities and aid groups told Human Rights Watch that the camp authorities are increasingly giving permission to large segments of the population to return to areas retaken from ISIS that are safe, although it is unclear how local authorities make that determination. Some individuals said that they wanted to remain in the camp.

Most individuals wanted to go to Autonomous Administration-held areas but both sets of authorities would not allow Syrians to go to those areas without a Kurdish sponsor. The process for obtaining that sponsor is difficult and unclear. In at least one case, families paid a Kurdish resident to sponsor them. Displaced people have the right to choose their own residence and to move freely throughout areas under the control of the Autonomous Administration and Democratic Council. The obstacles to getting Kurdish sponsorship, as well as lack of transparency for how safe areas for return are identified, constitute unlawful arbitrary restrictions.

In some camps, authorities allowed residents to leave temporarily. The degree of freedom differed in each camp. Both sets of authorities completely ban the movement of Syrian families whose relatives are ISIS suspects, said the families themselves and camp authorities.

Human Rights Watch met with officials from both authorities, including the camp authorities themselves, in May and raised concerns regarding the unlawful movement restrictions. On July 9, Human Rights Watch also wrote to both sets of authorities asking them to provide the basis for the restrictions on displaced civilians from Raqqa and Deir al-Zour. Human Rights Watch has not received a response to the letter.

The policy in these areas violates international legal guarantees of the right of displaced people to freely move in the area of displacement unless specific conditions calling for restrictions exist, Human Rights Watch said.

In terms of families with suspected ISIS ties, international law allows imposing punishment for crimes only on people responsible for the crimes, after a fair trial to determine individual guilt. Imposing collective punishment on families by preventing them from leaving violates the laws of war. The local authorities have told Human Rights Watch they are not planning to bring charges against foreign women who were married to ISIS members and their children. The authorities should seek to deport them to their own countries if it can be done safely and with their home countries’ cooperation. The restrictions on them should be eased while they are in the camps.

The authorities should revoke unlawful restrictions on free movement of internally displaced people, including those displaced because of the ongoing fight against ISIS. Restrictions should only be imposed if “provided by law … and necessary to protect national security, public order, public health or morals, or the rights and freedoms of others,” as outlined in the International Covenant on Civil and Political Rights. Any restrictions must be nondiscriminatory, in accordance with national law, and “necessary” to achieve legitimate aims. The restrictions must also be proportionate – that is, carefully balanced against the specific reason for the restriction.

Detention should only be imposed according to law, on an individual basis, and with all detainees given the basic rights of detainees under international law, including judicial review of detention. Anyone responsible for imposing arbitrary detention or collective punishment should be prosecuted for possible war crimes.

Camp authorities indicated that they were doing the best they could providing humanitarian assistance, as well as supporting the displaced populations, and that the situation is improving as areas retaken from ISIS are announced safe, and families return to their place of origin. With regard to families of members and suspects of ISIS families, the camp authorities indicated that the restrictions on movement were due to security concerns arising from ISIS members and their families interacting with the general population.

“Vague statements regarding security concerns are simply an insufficient basis for local authorities to confine civilians, deprive them of access to health care and basic necessities, and separate families,” Fakih said. “Displaced residents from Raqqa and Deir al-Zour should be allowed to move freely in areas held by the Autonomous Administration until it is safe for them to go home.”

Source:Human Rights Watch