Iraq

Iraq Retirement and Social Security Law: Article 25: First: The Department shall not pay benefits to those covered by the provisions of this law upon his departure from Iraq, except for the following: a- If the beneficiary is Iraqi and left Iraq legally. b- If the beneficiary is a foreigner, the rule of reciprocity or the provisions of international labor conventions shall be applied, whichever is better. Second: The payment of the benefits stipulated in item (first) of this article shall be regulated by instructions issued by the Minister upon a proposal from the Board of Directors.

Iraq is the first country in the Middle East and North Africa region to submit both a Voluntary National Review (VNR) – an overview of the State’s progress toward the GCM’s objectives – and a set of forward-looking policy pledges. On 10 May, The Inter-Ministerial Technical Working Group committed to a total of seven policy pledges. Commitments include: 1. Prioritization of Migration, Environment and Climate Change. Improved collection and management of Migration Data 3. Follow-up on the Migration Governance Indicators Assessment 4. Expansion and strengthening of the National Referral Mechanism for Reintegration 5. Dynamic Diaspora Engagement 6. Systemization of identity management through implementation of an electronic Return Case Management System 7. Better engagement on Integrated Border Management.
 

Iraq's National Strategy for Migration Management, formulated in 2020, is a comprehensive framework designed to address migration issues in line with the Global Compact for Migration and Iraq's National Development Plan for 2030. The strategy aims to provide sustainable solutions for both internal and external displacement and migration. Key aspects of the strategy include Developing a national policy framework: This involves creating policies that ensure the rights of migrants and facilitate regular return for those whose asylum applications have been rejected. Improving migration data collection: The strategy highlights the need for a centralized system for migration data to better understand the distribution and status of migrants within and outside Iraq. Supporting the return of displaced individuals: The strategy includes programs and activities to facilitate the safe, voluntary, and dignified return of internally displaced persons (IDPs) to their areas of origin.

The Policy on Engagement with Iraqis Abroad for the period 2019-2022. The policy has four broad objectives: 1. to facilitate connection between the diaspora and local communities and structures within Iraq; 2. to support the diaspora to accumulate and mobilise their knowledge toward Iraq’s development; 3. to incentivise and create structures through which members of the diaspora may provide financial support for Iraq’s development; 4. to foster close ties between the diaspora and the Iraq state through mutual trust, recognition, and cooperation. In particular, the policy foresees to facilitate the exchange of the diaspora’s human capital, including in areas such as academic exchange and skills transfer. It includes pathways for economic development of Iraq such as sharing information on regulations and requirements related to starting a business or investing in Iraq; and proposes an online platform to facilitate contact between the Iraqi population abroad and Iraq

The Foreigners Residency Act replaces the Expats Residence Law No. 36 of 1961 as well as annulling Article 202 of the 2001 legislation that stipulated equal rights of Palestinians and Iraqis to public and private employment, education, free health care, retirement rights, free housing, tax exemption, and travel documents. This Act regulates all types of visas, entry, exit and residency of foreign nationals, introduces the sponsorship system for employment and a mandatory exit visa for workers, and stipulates the conditions for extension and deportation.

Iraqi Labor Law No. 37 of 2015: Article 1: For the purposes of this law, the following terms and phrases shall have the meanings indicated against them: 26- Indirect discrimination: It is any discrimination, exclusion or preference based on nationality, age, health status, economic status, social status, trade union affiliation and activity that has the effect of nullifying or weakening the application of equal opportunities or equal treatment in employment and occupation. Article 8: First: This law prohibits any violation or transgression of the principle of equal opportunities and equal treatment, whatever the reason, and in particular discrimination between workers, whether direct or indirect, in everything related to vocational training, employment, terms or conditions of work.

Law No. 28 provides for the creation of various mechanisms, such as establishing the Higher Committee to Combat Human Trafficking, to combat and limit human trafficking through efforts such as providing for fines and prison terms for trafficking offences. Although it has helped prosecutors in terms of defining crimes as human trafficking and limited the ability of perpetrators to escape punishment, the law does not prohibit all forms of human trafficking, failing to address child prostitution and it stipulating an act has to involve a financial transaction in order to constitute human trafficking.

In Article 105 of the Partnership and Cooperation Agreement between the EU and Iraq, the two bodies outline an agreement on the prevention of irregular migration, facilitating the return and readmission of irregular migrants under humane conditions, and effectively controlling and managing borders through training, organization and other operational procedures. The Agreement includes provision for a dialogue on human trafficking and migrant smuggling and calls for the creation of effective mechanisms to combat smuggling and trafficking networks and protect victims.

The 2006 Nationality Law amends previous versions and outlines the process of naturalization for non-Iraqi spouses and, among other things, allows dual citizenship. In particular, the Law echoes the Iraqi Constitution of 2005 that allows both Iraqi men and women to pass on their nationality to their children but newly limits the ability of Iraqi women married to a foreigner to confer nationality to children born outside the country.