Iraq

Detains migrants or asylum seekers?

Infrequently

Has laws regulating migration-related detention?

Yes

Refugees

279,240

2023

Asylum Applications

11,246

2023

International Migrants

365,766

2020

Population

45,500,000

2023

Overview

Iraq: Although Iraq has laws that provide for forms of immigration detention, there is little available information about its use of these measures. According to UNHCR, it works with the country to certify refugees, which helps protect them from detention or forced removal.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Iraq Summarily Deporting Refugees

Numerous news outlets and human rights groups have in recent months reported on Iraq’s increasing detention and deportation of Syrian refugees, in a breach of its non-refoulement obligations. Deportees have included registered asylum seekers with UNHCR documents as well as people with valid Iraqi residence permits. Reports also suggest that there are growing public calls […]

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Syrian refugees in Iraq (Source: The Islamic Republic News Agency - https://en.irna.ir/news/81750922/Iran-photographer-to-share-prize-money-with-Syria-refugees).

Iraq: Covid-19 and Detention

Since March, Iraq has imposed movement restrictions and closed border points to control the spread of the virus. The border closures have been a major obstacle for refugees and asylum seekers, mainly from Syria. However, UNHCR reports that since July the Peshkhabour Border Crossing Point has been open intermittently—albeit only to accept the readmission of […]

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InfoMigrants, “First European Voluntary Return Flight to Iraq Since Start of Pandemic,” 4 September 2020, https://www.infomigrants.net/en/post/27057/first-european-voluntary-return-flight-to-iraq-since-start-of-pandemic
Last updated: July 2024

DETENTION STATISTICS

Migration Detainee Entries
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
42,880
2014
47,690
2013
Prison Population Rate (per 100,000 of National Population)
123
2014
139
2013

POPULATION DATA

Population (Year)
45,500,000
2023
40,200,000
2020
36,423,000
2015
International Migrants (Year)
365,766
2020
368,062
2019
353,900
2015
International Migrants as Percentage of Population (Year)
0.91
2020
1
2015
Refugees (Year)
279,240
2023
273,716
2022
280,072
2021
270,377
2020
273,986
2019
283,022
2018
277,672
2017
261,882
2016
277,701
2015
271,143
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
6.97
2016
7.69
2014
Asylum Applications (Year)
11,246
2023
10,621
2022
1,060
2019
4,195
2016
2,524
2014
Refugee Recognition Rate (Year)
89.2
2014
Stateless Persons (Year)
8,000
2023
47,093
2022
47,515
2018
47,630
2017
48,200
2016
50,000
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
6,420
2014
Remittances to the Country (in USD)
271
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
1,369.8
2014
Human Development Index Ranking (UNDP)
121 (Medium)
2015

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Infrequently
2023
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Detention-Related Legislation
Law on the Residence of Foreigners (2017) (2017)
2017
Legal Tradition(s)
Muslim law
2017
Civil law
2017

GROUNDS FOR DETENTION

LENGTH OF DETENTION

DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
CRPD, Convention on the Rights of Persons with Disabilities
2013
2013
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2011
2011
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2010
2010
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2009
2009
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2009
2009
CRC, Convention on the Rights of the Child
1994
1994
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1986
1986
ICCPR, International Covenant on Civil and Political Rights
1971
1971
ICESCR, International Covenant on Economic, Social and Cultural Rights
1971
1971
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1970
1970
VCCR, Vienna Convention on Consular Relations
1970
1970
Ratio of relevant international treaties ratified
Ratio: 11/19
Treaty Reservations
Reservation Year
Observation Date
CRC Article 14 1994
1994
1994
CEDAW Article 2 1986
1986
1986
Ratio of Complaints Procedures Accepted
Observation Date
0/8
0/8
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Elimination of Discrimination Against Women § 40 The State party: (a) Ensure the safe return of internally displaced women and refugee women to their homes and their participation in the reconstruction of their communities; (b) Ensure that immediate humanitarian assistance needs and protection requirements are complemented with long-term strategies in support of the socio-economic rights and livelihood opportunities of returnee, internally displaced and refugee women, women’s leadership and political participation, with a view to ensuring that they have durable livelihoods; (c) Address the specific risks and particular needs of different groups of returnee, internally displaced and refugee women who are subject to multiple and intersecting forms of discrimination; (d) Accede to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto and the 1961 Convention on the Reduction of Statelessness, and amend its national legislation accordingly in order to strengthen the protection of refugees, asylum-seeking, and stateless women and girls. 2019
2019
2019
Committee on the Elimination of Racial Discrimination § 32. The State party take all necessary measures to fully ensure that migrant workers, including migrant domestic workers, are protected from abuse and exploitation and that they can fully enjoy their rights under the Convention without discrimination. It also recommends that the State party fully investigate reports of abuse and exploitation and hold those responsible to account. The Committee further recommends that the State party ensure that migrant workers are informed about, and have access to, legal remedies. §38. The State party take all measures necessary to ensure that all refugees and internally displaced persons are treated without discrimination and enjoy the equal protection of the law. The Committee recommends that the State party: (a) Expedite the adoption of the draft refugee law and implement it, so as to ensure an adequate legal framework for the protection of refugees and asylum seekers, in line with internationally recognized principles, including the principle of non- refoulement, and consider ratifying the Convention relating to the Status of Refugees, of 1951, and its 1967 Protocol; (b) Protect all refugees and internally displaced persons and provide them with basic needs including electricity, water, health care, adequate food and other services, including in cooperation with United Nations and other refugee and humanitarian agencies; (c) Ensure the protection of internally displaced persons in all federal entities, including in the Kurdistan region, without discrimination based on ethnic or ethno-religious background. 2019
2019
2019
Committee on the Rights of the Child

§26. ...the Committee notes with concern that:

(a)    Victims of trafficking and of prostitution are reportedly being mistreated or abused during interrogation, and incarcerated, fined, convicted, deported or otherwise penalized for unlawful acts such as prostitution and immigration violations;

(b)    There are cases of girls sold into prostitution being kept in prison to “protect” them from reprisals for bringing shame on their family/community;

(c)    Mechanisms have not been put in place for the identification of child victims of offences under the Optional Protocol, and officials have not been trained or provided with any guidance to identify these child victims or children at particular risk, such as undocumented foreign migrant children or children arrested on prostitution charges.

§27.    The Committee urges the State party to:

(a)    Take prompt measures to ensure that children’s testimonies are regarded as full proof, and that children are allowed to file a complaint on their own behalf;

(b)    Immediately remove from prison all women and girls detained allegedly for their protection and provide them with all the support necessary;

(c)    Establish an effective system of reporting, with a child-sensitive inquiry and judicial procedure that fully protects children’s privacy and dignity;

(d)    Establish effective mechanisms to identify, detect and monitor children in vulnerable situations who are at risk of becoming victims of offences under the Optional Protocol, and provide these mechanisms with the necessary human, financial and technical resources, as well as training, for them to identify children who are  victims or at risk of offences under the Protocol;

(e)    Ensure that every child who has fallen victim to any of the crimes under the Optional Protocol is under no circumstances treated as a criminal, but always as a victim, and is provided with all the necessary protection, support and access to reintegration and recovery services;

(f)     Ensure that victims of trafficking are protected from any form of mistreatment and abuse when in contact with law enforcement officials, and have access to reporting channels.

2015
2015
2015

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2014
Yes 2019

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
AC, Arab Charter on Human Rights 2012
2012

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
Since March, Iraq has imposed movement restrictions and closed border points to control the spread of the virus. The border closures have been a major obstacle for refugees and asylum seekers, mainly from Syria. However, UNHCR reports that since July the Peshkhabour Border Crossing Point has been open intermittently—albeit only to accept the readmission of Syrians already registered in the Kurdish Region of Iraq (KR-I). More recently, with cases rising rapidly in the country, the government announced the closure of the border with Iran—believed to be in order to prevent Iranian pilgrims from entering the country to mark Arbaeen in Najaf and Karbala. Iraq’s 1.4 million internally displaced persons (IDPs) also represent an extremely vulnerable group in the country. Many IDPs live in precarious and overcrowded shelters that lack adequate hygiene facilities. NGOs and international organisations have provided sanitation kits and health counselling. According to UNHCR, as of 27 August 2020 a total of 68 Covid-19 cases have been confirmed amongst the refugee and IDP community—including in camps in Anbar, Dohuk, Erbil, and Ninewa Governorates. In some camps, management have initiated lockdowns in-line with Camp Coordination and Camp Management Covid-19 preparedness and response plans. On 2 September, for the first time since border closures in March, a “voluntary” repatriation flight from Europe returned some 50 Iraqis. The flight was provided by Germany, France, the Netherlands, and Belgium, together with the IOM, and was supported by the EU and financed by Frontex.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2021
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
Unknown
2021
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Unknown (Unknown) Unknown Unknown Unknown
2021
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes
2020
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Unknown
2021
Did the Country Release People from Criminal Prisons During the Pandemic?
Yes
2020
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021
Did the Country Restrict Access to Asylum Procedures?
Unknown
2021
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Included) Unknown Included Unknown
2021