Iraq

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.  

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.

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.