Iraq – Country Report: Legal and Policy Framework of Migration Governance

William K. Warda, Hamed S.A. al-Maffraji, Youhanna Y. Toma Nahla Arif, Ayad C. Samoeel | Hammurabi Human Rights Organization

Research Objective

This research aims to present the situation of refugees and displaced persons in Iraq, and to discuss the governance of this dossier through: understanding the socio-economic context; the constitutional and legal context; and policies and practices of the Iraqi government in terms of protection. Also, the research aims at discussing the evolution of both the legal and organizational framework as they relate to migration and asylum, the role of multiple governmental levels in providing protection to migrants and asylum seekers in Iraq in line with Iraq’s internal and international commitments.

This research addresses the problem of rights and protection of refugees and displaced persons in Iraq from the perspective of legislation, mechanisms, and international obligations, especially since Iraq does not have an internationally recognized legal and procedural system for the protection of refugees and displaced people, and because the country is a source for migrants and asylum seekers. This raises many questions:

  • Is Iraq, under its current conditions, capable of absorbing such a large number of refugees and asylum seekers?

  • Do Iraq's own laws(internal laws) and policies relating to migration and asylum management measure up to the international standards?

  • Are Iraq’s laws and policies evolving to improve the management of migration and asylum?

  • Does Iraq deal with migration and asylum for political reasons, or with religious, ethnic or regional sympathy?

  • Will Iraq be a safe haven for asylum seekers in the future?

  • Will Iraq be a tempting destination country for asylum seekers or will it be a transit country only?

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DOI | Full Text | to DiVA