Projects supporting civilians to submit reparations claims in Iraq

Invitation to Tender

Projects supporting civilians to submit reparations claims in Iraq

The Ceasefire Centre for Civilian Rights (www.ceasefire.org) is an international initiative to develop civilian-led monitoring of violations of international humanitarian law or human rights; to secure accountability and reparation for those violations; and to develop the practice of civilian rights.

Ceasefire is currently implementing a three-year programme entitled ‘Strengthening legal protection for civilians and promoting reparation for violations in Iraq,’ with the support of the Swiss Federal Department of Foreign Affairs. One of the aims of the programme is to increase the ability of civilian victims of conflict in Iraq to submit credible claims for reparation under national and provincial reparations programme(s) and secure redress for violations by connecting them with lawyers and legal support.

In pursuit of this aim, Ceasefire is now inviting proposals for projects aimed at supporting civilians to access reparations in Iraq by increasing awareness of national reparation programmes, supporting individual victims to submit credible claims, and assisting them through the process.

Background

Iraq’s Law No. 20 on ‘Compensating the Victims of Military Operations, Military Mistakes and Terrorist Actions,’ first enacted in 2009, provides civilians with an avenue to access monetary compensation and other forms of reparation for personal or property damage suffered as a result of conflict in the country since 2003. On 1 March 2021, the Iraqi parliament passed the Yazidi Survivors’ Law, which provides reparations to Yazidi, Christian, Shabak and Turkmen survivors of sexual violence and other serious crimes carried out during the conflict with ISIS.

Ceasefire’s work interviewing potential reparations claimants in Iraq has highlighted a series of challenges with the procedures so far (see: Ceasefire, ‘Mosul after the Battle: Reparations for civilian harm and the future of Ninewa’, December 2019). In general, knowledge and understanding of the compensation procedure established by Law No. 20 is poor, despite the fact that many members of the public are eligible for compensation under this mechanism. In addition, the application process for compensation is complex and subject to frequently changing procedural requirements. The Law 20 mechanism was designed and implemented to avoid false claims and corruption. However, the numerous types of administrative proof required can be impractical, particularly for IDPs.  Submitting a compensation claim requires civilians to make repeated visits to government offices and obtain multiple types of documentation, all of which require the payment of fees. These costs can discourage many eligible civilians, and especially women who lost their husbands, from accessing the compensation mechanism at all. Meanwhile, the implementing regulations for the Yazidi Survivors’ Law, which would provide further clarity on the administrative procedures involved in making a claim, have yet to be issued.

Eligible projects

Ceasefire is accepting proposals for projects aiming to address the challenges mentioned above and facilitate the access of civilians to reparations mechanisms. Examples of eligible activities may include:

Awareness-raising: Activities designed to increase general awareness of the compensation process under Law No. 20, the Yazidi Survivors Law, and/or other reparations mechanisms available to Iraqi civilians. Examples could include the dissemination of informational materials, production of audio-visual resources, digital campaigns, awareness-raising workshops, etc.

Legal support: Activities designed to support civilians eligible for compensation through the process of preparing and submitting credible compensation claims. Example could include provision of pro-bono legal advice, assistance in filling out forms and completing case files, drop-in centres or mobile legal clinics, telephone hotlines, etc.

Hardship relief: activities designed to alleviate the material factors preventing victims from submitting reparation claims, including cost barriers, access barriers, and other factors. Examples include the provision of transport subsidies, the reimbursement of fees incurred during the process of preparing compensation claims, emergency support for claimants facing extenuating circumstances, etc. Activities in this category should not exceed 10% of the budget.

Project activities may be delivered in any part of Iraq, but priority will be given to projects that focus on areas most affected by conflict.

Funding available and contractual considerations

The funding initially available for this project is EUR 25,000. The delivery of activities must be completed by 31 December 2021.

Selection criteria

Applicants will be assessed on the basis of the following:

• A well-argued project proposal with focused outcomes and outputs
• Clear identification of target beneficiaries and/or audiences and a plan to reach them effectively
• Familiarity with the compensation process under Law No. 20 of 2009 on Compensating the Victims of Military Operations, Military Mistakes and Terrorist Actions
• Demonstrated commitment to human rights and non-discrimination
• Ability to implement a gender-sensitive and inclusive approach
• Experience delivering projects involving vulnerable civilians
• Clearly justifying a budget that represents value for money