How President Obama Can Avert a Humanitarian Crisis for 3,500 Iranian Refugees in Camp Ashraf, Iraq
February 01, 2009
Background
Nearly 3,500 members of Iran’s main opposition, the People’s Mojahedin of Iran (PMOI/MEK), residing in Camp Ashraf in Iraq, are faced with a humanitarian crisis. Tehran exerted tremendous pressure on the Iraqi government to compel the U.S. to hand over the responsibility for the protection of the unarmed opponents of Tehran to the Iraqi Security Forces. As of January 1, 2009, the Government of Iraq took over the responsibility for the protection of the Camp, while the U.S. military maintains presence at the Camp.
About Camp Ashraf
Camp Ashraf lies about 60 miles northeast of Baghdad and about 50 miles to the west of Iranian border. Since 1986, Ashraf has been the main residence of members of the MEK, whose stated goal is to bringing about freedom and democracy in Iran. Throughout its stay in Iraq, the organization operated independently; its bases were not under the authority of the Iraqi government. Ashraf has been built and developed by the MEK over the past two decades. It is made up of educational, social, and sports facilities, such as universities, shopping centers, industrial workshops, museums, parks, swimming pools, stadiums, and a mosque.
Protected Persons, Fourth Geneva Convention
In May 2003, MEK members at Camp Ashraf voluntarily surrendered their weapons to U.S. forces in exchange for guaranteed protection. Members of the MEK were formally recognized as “protected persons” under the Fourth Geneva Convention in July 2004 by the United States and have been protected by the U.S. military. Since then, on numerous occasions, high-ranking U.S. commanders have reiterated the “protected persons” rights of Ashraf residents. U.S. and Iraq are both parties to all four 1949 Geneva Conventions. Article 45 of the Fourth Geneva Convention specifies that: “In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.”
Transfer of Ashraf Protection to Iraqi Security Forces
Since the transfer of the responsibility for the protection of Camp Ashraf to the Iraqi Government, GoI has been under intense pressure from Tehran to expel Ashraf residents from Iraq. There are currently grave risks to the lives and safety of Ashraf residents such as possible arrest, expulsion, extradition and even direct attacks by Qods Force and its Iraqi surrogates. Iran’s ambassador to Baghdad has officially demanded the expulsion of MEK members.
Last June, Iraq’s Council of Ministers issued a statement in which it stated its intention to “expel from Iraq” the Ashraf residents after it assumes the complete control of the camp. Iraqi National Security Advisor Mowaffak Al-Rubaie, in a visit to Camp Ashraf on 21 December 2008, pledged to close down the Camp. “They were told that the government has plans to close the camp and deport its inhabitants to their native country, or voluntarily to a third country, and that staying in Iraq was not an option,” said a statement issued by Mr. Rubaie. He said the group was “no longer permitted to engage in any political, media, cultural, religious or social activity in Iraq.”
These statements and promised actions are clear violations of the “protected persons” rights of Camp Ashraf residents.
On January 10, 2009, in an interview with Alhurra television about MEK presence in Iraq, U.S. Ambassador Ryan Crocker said, "We've discussed this issue intensively with the Iraqi government." He added "They have provided assurances that none of these individuals will be forcibly sent to a third country where they have reason to fear for their safety or well-being, and we know those assurances will be respected.”
Because of close association of many senior Iraqi officials and Tehran’s pressure on Iraq to expel or extradite MEK from Ashraf, “assurances” given by the Iraqi government to the U.S. Government to uphold the rights of Ashraf residents are not credible, nor has the Iraqi Government proven to be capable of upholding such assurances.
Considering the historical brutal persecution of the MEK members by Iranian authorities, expulsion of the Ashraf residents would constitute a present threat to their lives and their rights to freedom and safety, as envisioned by the Universal Declaration of Human Rights. In October, 2008, an MEK member arrested in Iran was killed after seven years of torture in the notorious Evin Prison. Therefore, the hand over of the responsibility of Ashraf protection to GoI is very likely to result in a humanitarian disaster if the American Forces leave Ashraf.
Strategic Consequences of Break-up of Ashraf
In May 2003, Gen. Ray Odierno, then-commander of the US Army's 4th Infantry Division, told reporters that the MEK’s cooperation with the U.S. should prompt a review of their "terrorist" status by the State Department. Lt. Colonel Julie S. Norman, Military Police, JIATF Commander, said in August 2006 that Camp Ashraf residents have “encouraged and assisted various Iraqi groups to join the political process and dialogue with the US forces … their intelligence has been very helpful in this regard and in some circumstance has helped save the lives of soldiers.”
Camp Ashraf is proverbial levy in Iraq against rising tide of Tehran’s political and ideological onslaught. They have the declared support of 3 million Iraqi Shiites and 5.2 million predominately Iraqi Sunnis who have also declared their opposition to Tehran’s undeclared occupation of their country. These are the populations who, without the leading and enlightening presence of the Iranian opposition in Camp Ashraf, would have most probably been absorbed by Tehran and its Iraqi surrogates. Ashraf has also been an important factor in encouraging local Iraqi tribes to form Sons of Iraq and the Awakening Councils.
Dismantling of Ashraf, a long held demand of Tehran, would weaken moderate Iraqi leaders—already the target of assassinations by Tehran proxies—and would strengthen Iran’s surrogates’ hold on power. Closure of Ashraf would disrupt US strategic interests in Iraq which is based on moving the Iraqi government and society away from Tehran’s sway. Furthermore, in the eyes of many tribal leaders and Iraqi politicians, the manner the United States treats Camp Ashraf residents is the barometer to show the extent with which Washington is going to give in to Tehran. That would have a devastating impact on the growing but nascent positive view of many independent, non-sectarian Iraqis who are the natural allies of the U.S. in Iraq.
Recommendations
The United States need to reemphasize on the “protected persons” status under the Fourth Geneva Convention of Camp Ashraf residents and urge the Iraqi Government to treat them accordingly. Application of International Humanitarian Law obligates the U.S. to ensure the protection of Camp Ashraf residents. The United States military must continue its presence and joint patrol of the Camp so long as it is present in Iraq. In the meantime, a contact group consisting of representatives for the United States, Iraqi Government, and the residents of Camp Ashraf should negotiate a more permanent solution for the status of Camp Ashraf residents.