Protecting The Rights Of Refugees In Iraq By- Mohammed Raad Hameed & Dr. K. Sitamanikyam

Protecting The Rights Of

Refugees In Iraq

 

Authored By- Mohammed Raad Hameed1 &

 Dr. K. Sitamanikyam

M.A, M.L, Ph.D, Ll.D2

 

Abstract

The refugee crisis in Iraq has become a major global concern, with millions of people being displaced due to war, conflict, and persecution. The protection of refugees' rights has become a crucial issue, and there are several measures that can be taken to address this. Firstly, the government of Iraq needs to strengthen its legal framework for protecting the rights of refugees. This can be achieved by ratifying international treaties and conventions on refugees and creating national legislation that complies with these standards. Additionally, the government should ensure that refugees have access to legal aid and the justice system.

Secondly, the international community should increase its support for refugees in Iraq. This can be done by providing financial assistance, food, shelter, and healthcare to refugees, as well as promoting their integration into the local community. The international community should also pressure the Iraqi government to uphold the rights of refugees. Thirdly, there should be an emphasis on education for refugees, particularly children. Education is a fundamental right, and it is essential for refugees to have access to education in order to rebuild their lives and have a brighter future. The government of Iraq and the international community should work together to provide education opportunities for refugees.

In conclusion, protecting the rights of refugees in Iraq is an urgent and important matter that requires concerted efforts from both the government and the international community. By strengthening legal frameworks, providing support, and promoting education, we can ensure that refugees in Iraq are able to live their lives with dignity and respect for their fundamental human rights.

1 Researcher name

2 under the guidance of associate professor dr.b.r.ambedkar college of law, andhra university

1. Introduction:

The refugee crisis in Iraq has become a significant global concern, with millions of people being forced to flee their homes due to war, conflict, and persecution. The protection of refugees' rights has become a crucial issue, and there are several measures that can be taken to address this.3

The displacement of refugees is a complex issue that requires a multi-faceted approach. It is not just about providing immediate aid and shelter, but also about ensuring that refugees have access to their fundamental human rights, such as education, healthcare, and legal protection. This paper aims to explore some of the key issues surrounding the protection of refugees' rights in Iraq. It will examine the legal framework for refugees' protection, the role of the government of Iraq and the international community, and the importance of education for refugees.

The protection of refugees' rights is not only a humanitarian issue, but also a legal obligation. The international community has established legal frameworks to protect the rights of refugees, including the 1951 Refugee Convention and the 1967 Protocol. These legal instruments provide a foundation for the protection of refugees' rights, and it is important for the government of Iraq to strengthen its legal framework to ensure compliance with these international standards.4

Furthermore, the protection of refugees' rights in Iraq is not just the responsibility of the government. The international community also has a crucial role to play in providing financial, logistical, and moral support to refugees. This paper will explore the ways in which the international community can contribute to the protection of refugees' rights in Iraq. Lastly, education is a fundamental right that is often denied to refugees. This paper will examine the importance of education for refugees, particularly children, and the ways in which education can contribute to the protection of their rights.

Overall, this paper aims to highlight the importance of protecting the rights of refugees in Iraq and the various measures that can be taken to achieve this. The terms "refugee" and "asylum seeker" are often used interchangeably, but they have distinct legal meanings under the international refugee law. While refugees are recognized as

 

3 •Akram Nashat Ibrahim, General Principles in Comparative Criminal Law, First Edition, Al- Fitian Print House, Baghdad, 1998.

4 •Guy S Goodwin Gill, The Refugee in International Law, Second Edition, Oxford, 1996.

 

having a well-founded fear of persecution and are entitled to international protection, asylum seekers are seeking such protection and have not yet been formally recognized as refugees.5

It is important to note that not all individuals who flee their country of origin are considered refugees or asylum seekers under the international refugee law. For example, economic migrants or individuals fleeing natural disasters are not generally considered refugees or asylum seekers.

 

1. Refugee Status in Iraq and Kurdistan Region

Iraq has a long history of hosting refugees, with millions of people seeking refuge in the country due to war, conflict, and persecution. However, the legal framework for refugee protection in Iraq is not well-established, and the country is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. As a result, the legal status of refugees in Iraq is not well-defined.6

The Kurdistan Region of Iraq (KRI), which has a degree of autonomy, has its own laws and policies for the protection of refugees. The KRI has provided refuge to a large number of refugees, particularly during the recent conflicts in Syria and Iraq. The KRI has also established the Kurdistan Regional Government (KRG) Department of Displaced and Refugee Affairs (DDRA) to manage and coordinate refugee affairs in the region.7

Under KRG laws, refugees in the KRI are entitled to certain rights, such as the right to work, education, and healthcare. The KRG has also established camps and other temporary housing facilities to accommodate refugees. However, the legal status of refugees in the KRI is still not well-defined, and many refugees face challenges in accessing basic services and legal protection.

In recent years, the KRG and the Iraqi government have taken steps to improve the legal framework for refugee protection in the country. In 2018, the KRG passed a law on asylum and migration that seeks to provide a legal basis for refugee protection in the region.

 

 

5 •Global protection cluster working group, Handbook for the Protection of Internally Displaced Persons, no year and place of publication.

6 •Roman Boed, The State of  the Right  to Asylum in International Law, Duke Journal of

Comparative and International Law, Vol. 5.1, 1994.

7 •Mike Sanderson, The Syrian Crisis and Principle of Non-Refoulement, International Law Studies, Vol. 89, 2013.

 

The law sets out the procedures for the recognition of refugees and asylum seekers and outlines their rights and obligations. However, the implementation of the law has been slow, and many refugees still face challenges in accessing legal protection and basic services.

Overall, while Iraq and the KRI have provided refuge to millions of people, the legal framework for refugee protection in the country is not well-established, and many refugees still face significant challenges in accessing basic services and legal protection.

1. Refugee and Asylum Seeker Statuses and Protection Risks in Iraq and Kurdistan

Iraq and the Kurdistan Region of Iraq (KRI) continue to host a significant number of refugees and asylum seekers, who face a range of protection risks. The legal framework for refugee protection in Iraq and the KRI is not well-established, and many refugees and asylum seekers face challenges in accessing basic services and legal protection.

In Iraq, refugees and asylum seekers are particularly vulnerable to human rights abuses, including discrimination, arbitrary detention, and forced deportation. The lack of a clear legal framework for refugee protection also makes it difficult for refugees and asylum seekers to access basic services, such as education, healthcare, and employment.

In the KRI, while refugees and asylum seekers have certain legal protections, they still face significant challenges. Many refugees live in camps or informal settlements, which are often overcrowded and lack adequate services. Access to education and healthcare is also limited for many refugees, and they face significant barriers to finding employment.

In addition to these challenges, refugees and asylum seekers in Iraq and the KRI are also at risk of exploitation and abuse, including human trafficking and forced labor. Women and children are particularly vulnerable to these risks.

Despite these challenges, there are efforts underway to improve the legal framework for refugee protection and provide better support for refugees and asylum seekers in Iraq and the KRI. The KRG has established the Department of Displaced and Refugee Affairs to manage and coordinate refugee affairs in the region, and the Iraqi government has taken steps to improve the legal framework for refugee protection. However, much more needs to be done to ensure that refugees and asylum seekers are able to access their basic rights and live in safety and dignity.

1. The Scope of the Non-Refoulement Principle in Iraq and Kurdistan

The non-refoulement principle is a fundamental principle of international refugee law that prohibits the return of refugees or asylum seekers to a country where they would face persecution or other serious harm. The principle is intended to protect refugees and asylum seekers from being sent back to situations where their human rights may be violated.

In Iraq and the Kurdistan Region of Iraq (KRI), the non-refoulement principle is recognized under international law and is also reflected in domestic laws and policies. However, the implementation of the principle is not always consistent or effective.

For example, in practice, refugees and asylum seekers in Iraq and the KRI are at risk of being forcibly returned to their countries of origin, where they may face persecution or other serious harm. In some cases, refugees and asylum seekers are deported without proper legal procedures, or are detained for extended periods of time before being deported. Additionally, Iraq and the KRI have not established effective mechanisms to identify and protect refugees and asylum seekers from refoulement.

Another challenge is that the non-refoulement principle is not consistently applied to all individuals who may be at risk of persecution or harm, including those who are in transit or who have not yet been recognized as refugees or asylum seekers. As a result, these individuals may be at risk of being deported to dangerous situations, without having the opportunity to have their protection needs assessed.

Overall, while the non-refoulement principle is recognized under international and domestic laws in Iraq and the KRI, its implementation is not always effective. More needs to be done to ensure that refugees and asylum seekers are not returned to situations where they may face persecution or other serious harm, and that effective mechanisms are in place to identify and protect those who are at risk8.

 

 

 

8 •Sigit Ryanto, The Refoulement Principle and its Relevance in the International Law System, Indonesian Journal of International Law, Vol. 7, 2010.

 

1. Rights and Protections Entitled to Asylum Seekers and Refugees in Iraq and Kurdistan

Asylum seekers and refugees in Iraq and the Kurdistan Region of Iraq (KRI) are entitled to certain rights and protections under international and domestic law, including:

1. Non-refoulement: As mentioned earlier, asylum seekers and refugees are entitled to protection from refoulement, or the return to a country where they may face persecution or serious harm.
2. Access to Basic Services: Asylum seekers and refugees are entitled to access to basic services, including education, healthcare, and social services. However, in practice, access to these services may be limited, and many asylum seekers and refugees face challenges in accessing them.
3. Right to Work: In the KRI, refugees and asylum seekers have the right to work, but may face barriers in finding employment, including discrimination and lack of access to formal job markets.
4. Right to Freedom of Movement: Refugees and asylum seekers have the right to freedom of movement within the country, and in some cases, the right to leave and return to the country.
5. Protection from Discrimination: Asylum seekers and refugees are entitled to protection from discrimination on the basis of their race, religion, nationality, or membership in a particular social group.
6. Family Reunification: Asylum seekers and refugees have the right to family reunification, which allows them to be reunited with their family members who are living in other countries.
7. Access to Legal Assistance: Asylum seekers and refugees have the right to access legal assistance to help them navigate the complex legal procedures involved in seeking asylum or refugee status.

Overall, while asylum seekers and refugees in Iraq and the KRI are entitled to certain rights and protections under international and domestic law, the effective

 

implementation of these rights is still a challenge. Many refugees and asylum seekers face significant barriers in accessing basic services and legal protection, and more needs to be done to ensure that they are able to live in safety and dignity.

 

1. 1. Protection against Refoulement

A key tenet of international refugee law is the protection against refoulement, or the forced return of refugees and asylum seekers to a place where they may risk significant damage or persecution. The 1951 Refugee Convention and its 1967 Protocol, as well as regional human rights treaties, all have provisions that uphold this notion. 9

In Iraq and the Kurdistan Region of Iraq (KRI), the non-refoulement principle is recognized under international and domestic law, and asylum seekers and refugees are entitled to protection against refoulement. This means that they cannot be forcibly returned to their countries of origin or any other country where they may face persecution, torture, or other serious harm.

However, in practice, there are challenges to the effective implementation of the non-refoulement principle in Iraq and the KRI. For example, some asylum seekers and refugees may not have their protection needs properly assessed, or may not have access to legal assistance to help them navigate complex legal procedures. Some may also face detention and deportation without due process or without being given a chance to apply for asylum or refugee status.

To address these challenges, it is important for the Iraqi government and the KRI authorities to ensure that their laws and policies are in line with international standards and that they have effective procedures for identifying and protecting asylum seekers and refugees. This includes providing access to legal assistance and basic services, as well as ensuring that refugees and asylum seekers are not subjected to arbitrary detention or deportation.

Overall, the non-refoulement principle is a critical protection for asylum seekers and refugees in Iraq and the KRI, and more needs to be done to ensure that it is effectively implemented in practice.

 

 

9 •The United National High Commissioner for Refugees (UNHCR), A Guide to International Refugee Protection and Building State Asylum Systems, Handbook for Parliamentarians, 2017.

 

1. 1. Protection against detention for immigration related crimes

Detention for immigration-related crimes is a contentious issue, particularly when it comes to asylum seekers and refugees who may have fled persecution or violence in their home countries. Under international law, detention of asylum seekers and refugees should be avoided, except in exceptional circumstances and in accordance with due process.

In Iraq and the Kurdistan Region of Iraq (KRI), there have been instances of refugees and asylum seekers being detained for immigration-related crimes, such as unauthorized entry or overstaying a visa. This detention can result in refugees and asylum seekers being held in prison-like conditions, sometimes for prolonged periods of time, which can have serious physical and mental health impacts.

To protect refugees and asylum seekers from arbitrary detention, it is important for the Iraqi government and KRI authorities to ensure that detention is used only as a last resort and that it is in line with international law. This means that asylum seekers and refugees should be allowed to apply for asylum or refugee status without fear of detention, and that they should not be detained simply for immigration-related offenses.

In cases where detention is necessary, refugees and asylum seekers should be held in humane conditions and given access to legal representation, medical care, and other basic services. They should also be granted due process and have the right to challenge their detention in court.

Overall, protecting refugees and asylum seekers from arbitrary detention is a critical aspect of ensuring their rights and protection. By implementing policies and procedures that comply with international law, the Iraqi government and KRI authorities can help to safeguard the human rights of refugees and asylum seekers and ensure that they are treated with dignity and respect.

 

1. 1. Protection against discrimination

Protection against discrimination is a fundamental human right that is enshrined in various international legal instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

 

Discrimination against refugees and asylum seekers can take many forms, including denial of access to basic services, employment discrimination, and hate crimes10.

In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers may face discrimination on various grounds, such as their nationality, ethnicity, or religion. Discrimination can have serious consequences for refugees and asylum seekers, including limiting their access to education, healthcare, and employment opportunities.

To protect refugees and asylum seekers from discrimination, it is important for the Iraqi government and KRI authorities to take proactive steps to combat discrimination and promote equality. This includes implementing laws and policies that prohibit discrimination on the basis of nationality, ethnicity, religion, or other grounds, and ensuring that these laws are effectively enforced.

In addition, education and awareness-raising campaigns can help to promote understanding and respect for the rights of refugees and asylum seekers. This can include efforts to combat negative stereotypes and misinformation about refugees and asylum seekers, as well as promoting diversity and inclusion.

Finally, it is important to ensure that refugees and asylum seekers have access to effective remedies in cases of discrimination, including legal remedies and support from non-governmental organizations. By working together to combat discrimination and promote equality, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

 

1. 1. Right to documentation in Iraq and Kurdistan

The right to documentation is an important aspect of protecting the rights of refugees and asylum seekers in Iraq and the Kurdistan Region of Iraq (KRI). Access to documentation, including identity documents and other forms of official documentation, is essential for refugees and asylum seekers to be able to exercise their rights and access basic services, such as healthcare and education.

 

 

10 •The United National High Commissioner for Refugees (UNHCR), RLD1 – An Introduction to the International Protection of Refugees, 1992.

 

In Iraq and the KRI, refugees and asylum seekers may face challenges in obtaining documentation, as they may have lost their identity documents while fleeing their home countries, or may not have had access to official documentation in the first place. In some cases, refugees and asylum seekers may be at risk of statelessness, which can further limit their access to rights and services.

To address these challenges, it is important for the Iraqi government and KRI authorities to ensure that refugees and asylum seekers have access to documentation. This includes providing a clear and transparent process for obtaining documentation, and working to remove any barriers that may prevent refugees and asylum seekers from accessing documentation.11

This can help to ensure that refugees and asylum seekers are able to access essential services and exercise their rights without discrimination.

Overall, the right to documentation is a critical aspect of protecting the rights of refugees and asylum seekers in Iraq and the KRI. By ensuring that refugees and asylum seekers have access to documentation, the Iraqi government and KRI authorities can help to ensure that they are able to live with dignity and respect, and that their rights are fully protected.

 

1. 1. Freedom of movement

According to international law, everyone, including refugees and asylum seekers, is entitled to the freedom of movement. The freedom of movement involves the freedom to enter and remain in one's own nation as well as the freedom to leave any country, including one's own.

In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers may face restrictions on their freedom of movement, particularly if they are living in refugee camps or other formal settlements. These restrictions can limit their ability to access education, healthcare, and other basic services, and can make it difficult for them to reunite with family members who may be in different parts of the country.

To protect the right to freedom of movement of refugees and asylum seekers, it is important for the Iraqi government and KRI authorities to ensure that they are able to move freely within

 

11 •UNHCR, International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic, Update V, 2017.

 

the country, subject only to the same restrictions that apply to nationals. This includes allowing refugees and asylum seekers to move outside of refugee camps and other formal settlements, and to travel within the country without fear of arrest or detention.

In addition, it is important for the Iraqi government and KRI authorities to work to remove any barriers to freedom of movement that may exist, such as administrative procedures that make it difficult for refugees and asylum seekers to obtain the necessary documentation to travel.

Overall, protecting the right to freedom of movement is critical for ensuring the rights and protection of refugees and asylum seekers in Iraq and the KRI. By ensuring that they are able to move freely within the country, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

1. 1. Family life, including family unity

Family life, including family unity, is a fundamental human right that is protected under international law. This right is particularly important for refugees and asylum seekers, who may have been forced to flee their homes and leave behind their families.

In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers may face challenges in maintaining family unity, as they may have been separated from their families during their flight, or may be living in different parts of the country.12

To protect the right to family life and family unity, it is important for the Iraqi government and KRI authorities to take steps to facilitate family reunification for refugees and asylum seekers. This includes ensuring that the necessary procedures and mechanisms are in place to allow refugees and asylum seekers to apply for family reunification, and to expedite the processing of such applications.

In addition, it is important to ensure that refugees and asylum seekers are able to maintain contact with their families, including through the use of communication technologies and other means.

Overall, protecting the right to family life and family unity is critical for ensuring the rights and protection of refugees and asylum seekers in Iraq and the KRI.

 

12 •The Law of Security Agency of Kurdistan Region of Iraq no. 5 of 2011

 

By ensuring that they are able to maintain contact with their families, and facilitating family reunification where possible, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

 

1. 1. The right to work

The right to work is a fundamental human right that is guaranteed to all individuals, including refugees and asylum seekers, under international law. In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers face significant challenges in accessing the labor market and exercising their right to work.

To protect the right to work of refugees and asylum seekers, it is important for the Iraqi government and KRI authorities to ensure that they have access to decent work opportunities, without discrimination. This includes ensuring that refugees and asylum seekers are able to access education and vocational training programs that can help them to develop the skills and knowledge they need to enter the labor market.

In addition, it is important to ensure that refugees and asylum seekers are not subject to discriminatory labor laws or policies, and that they are able to work in a safe and healthy environment, with fair wages and working conditions.

 

To promote the right to work for refugees and asylum seekers, the Iraqi government and KRI authorities can work to create employment opportunities in areas where refugees and asylum seekers are residing, and to provide support to employers who hire refugees and asylum seekers.13

 

Overall, protecting the right to work is critical for ensuring the rights and protection of refugees and asylum seekers in Iraq and the KRI. By ensuring that they are able to access decent work opportunities and exercise their right to work, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

13 •Law No. 38 of 1961 on Foreigner’s Real Estate Ownership in Iraq

1. 1. Right to Housing, Land and Properties

The right to housing, land and property is a fundamental human right that is guaranteed to all individuals, including refugees and asylum seekers, under international law. In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers often face significant challenges in accessing safe and adequate housing.14

To protect the right to housing, land and property of refugees and asylum seekers, it is important for the Iraqi government and KRI authorities to ensure that they have access to safe and adequate housing. This includes ensuring that refugees and asylum seekers are not subject to forced eviction, and that they have the legal right to occupy the land and property where they reside.

In addition, it is important to ensure that refugees and asylum seekers have access to basic services such as water, sanitation, and electricity. They should also be able to participate in the planning and decision-making processes related to housing and urban development.

To promote the right to housing, land and property for refugees and asylum seekers, the Iraqi government and KRI authorities can work to create new housing units in areas where refugees and asylum seekers are residing, and to provide support for the rehabilitation of existing housing units. They can also work to ensure that refugees and asylum seekers have access to credit and other financial resources that can help them to purchase or rent housing.

Overall, protecting the right to housing, land and property is critical for ensuring the rights and protection of refugees and asylum seekers in Iraq and the KRI. By ensuring that they have access to safe and adequate housing, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

1. 1. The right to education

The right to education is a fundamental human right that is guaranteed to all individuals, including refugees and asylum seekers, under international law. In Iraq and the Kurdistan Region of Iraq (KRI), refugees and asylum seekers often face significant challenges in accessing education.

 

 

14 •Law No. 72 of 1978 on Arab Citizens’ Ownership of Immoveable Properties in Iraq

 

To protect the right to education of refugees and asylum seekers, it is important for the Iraqi government and KRI authorities to ensure that they have access to education that is free, compulsory, and of good quality. This includes ensuring that refugees and asylum seekers have access to primary, secondary and higher education, as well as vocational training and adult education programs.

In addition, it is important to ensure that refugees and asylum seekers are not subject to discriminatory education policies, and that they are able to access education in a safe and supportive environment. This includes ensuring that they have access to education in their native language, and that they are not discriminated against on the basis of their refugee or asylum seeker status.

To promote the right to education for refugees and asylum seekers, the Iraqi government and KRI authorities can work to create new educational facilities in areas where refugees and asylum seekers are residing, and to provide support for the rehabilitation of existing facilities. They can also work to ensure that refugees and asylum seekers have access to scholarships and other financial resources that can help them to cover the cost of education.

Overall, protecting the right to education is critical for ensuring the rights and protection of refugees and asylum seekers in Iraq and the KRI. By ensuring that they have access to education, the Iraqi government and KRI authorities can help to ensure that refugees and asylum seekers are able to live with dignity and respect, and that their rights are fully protected.

1. 1. Conclusions

The rights and protections of refugees and asylum seekers in Iraq and Kurdistan remain a concern. While both the Iraqi government and the KRI authorities have taken measures to provide some level of protection to these vulnerable populations, significant gaps remain in the implementation and enforcement of international refugee law and the protection of refugees' rights.15

The recommendations provided below aim to address some of these gaps and improve the rights and protections of refugees and asylum seekers in Iraq and Kurdistan.

 

15 •The United National High Commissioner for Refugees (UNHCR), What Is Protection? Reach- out- A Refugee Protection Training Project, 2005.

 

However, it is important to note that effective implementation of these recommendations will require sustained political will, financial resources, and cooperation between relevant government agencies and civil society organizations.

Overall, protecting the rights of refugees in Iraq requires a comprehensive approach that addresses the various challenges and needs that refugees face. By providing refugees with basic needs, protection from violence and discrimination, legal protection, access to employment and education, and support for integration and resettlement, we can ensure that refugees in Iraq are able to rebuild their lives with dignity and respect.

The situation of refugees in Iraq has become increasingly dire as the number of people displaced by conflict and violence continues to rise. It is essential to protect the rights of refugees in Iraq, and in order to do so, this essay will examine the current situation of Iraqi refugees and their rights, explore the causes of refugee displacement in Iraq, and investigate ways to improve the protection of refugee rights in Iraq. By looking closely at these topics, this essay will provide an understanding of the current challenges that Iraqi refugees

The current situation of Iraqi refugees is concerning. In the United States, Iraqi refugees have faced significant moral and policy challenges since the 2003 invasion of Iraq. Despite the fact that Iraqi refugees have the same rights as other refugees, their unique circumstances have resulted in greater hardships and additional obstacles. In particular, Iraqi refugees have faced difficulty in obtaining legal status in host countries, which has resulted in a lack of basic rights and services, including employment, health care, and education.

1. 1. 1. Findings

The situation for refugees and asylum seekers in Iraq and the Kurdistan Region of Iraq (KRI) is complex and challenging, with many facing significant protection risks. However, there are also positive developments and initiatives underway to protect their rights and ensure their well-being. Below are some key findings regarding the rights and protections entitled to refugees and asylum seekers in Iraq and the KRI:

1. Non-Refoulement Principle: While the Iraqi Constitution and KRI Law provide for the principle of non-refoulement, in practice, refugees and asylum seekers often face

refoulement or forced return to their country of origin due to lack of legal and physical protection.

1. Protection Against Detention for Immigration-related Crimes: Refugees and asylum seekers are not immune from detention for immigration-related crimes, however, they should not be subject to arbitrary or indefinite detention, and should be treated with dignity and respect.
2. Protection Against Discrimination: The Iraqi Constitution and KRI Law prohibit discrimination based on race, ethnicity, religion, and other factors, however, refugees and asylum seekers still face discrimination and social exclusion in practice.
3. Right to Documentation: Refugees and asylum seekers are entitled to documentation that can help them to access services and exercise their rights. However, many refugees and asylum seekers in Iraq and the KRI face challenges in obtaining proper documentation due to bureaucratic and administrative hurdles.
4. Freedom of Movement: Refugees and asylum seekers are entitled to freedom of movement within the territory of Iraq and the KRI, however, they often face restrictions and obstacles in practice, particularly in relation to access to employment and services.
5. Family Unity: Refugees and asylum seekers are entitled to maintain their family unity, and to join family members who are already in the country. However, the process of family reunification is often complicated and slow, leading to prolonged separation and family breakdown.
6. Right to Work: Refugees and asylum seekers are entitled to work and engage in self- employment in the same conditions as Iraqi nationals. However, in practice, refugees and asylum seekers face significant obstacles in accessing the labor market and often end up in low-paid, informal and precarious work.
7. Right to Housing, Land and Property: Refugees and asylum seekers are entitled to adequate and safe housing, however, in Iraq and the KRI, they often face housing and land rights violations and lack access to basic services such as water and sanitation.
8. Right to Education: Refugees and asylum seekers are entitled to access education that is free, compulsory, and of good quality. However, in practice, they face significant barriers in accessing education due to lack of facilities, resources, and discrimination.

Overall, there are a number of key areas where the rights and protections entitled to refugees and asylum seekers in Iraq and the KRI need to be strengthened and enforced, in order to ensure that these vulnerable populations can live with dignity and respect.

1. 1. 1. Recommendations

Based on the findings outlined above, the following recommendations are suggested to enhance the rights and protections of refugees and asylum seekers in Iraq and the Kurdistan Region of Iraq:

1. Strengthen the Implementation of the Non-Refoulement Principle: The Iraqi government and the KRI authorities should take measures to ensure that the principle of non- refoulement is effectively implemented and enforced, and that refugees and asylum seekers are not forcibly returned to their countries of origin where they may face persecution or harm.
2. Ensure Protection Against Arbitrary Detention: The Iraqi government and the KRI authorities should ensure that refugees and asylum seekers are not subject to arbitrary or indefinite detention for immigration-related crimes, and that they are treated with dignity and respect in any detention facilities.
3. Combat Discrimination: The Iraqi government and the KRI authorities should take measures to combat discrimination against refugees and asylum seekers, and to promote social inclusion and integration of these populations in Iraqi society.
4. Facilitate Access to Documentation: The Iraqi government and the KRI authorities should streamline and simplify the process of obtaining documentation for refugees and asylum seekers, and ensure that all relevant authorities recognize the validity of these documents.
5. Ensure Freedom of Movement: The Iraqi government and the KRI authorities should take measures to remove barriers and restrictions on the freedom of movement of refugees and asylum seekers, particularly in relation to access to employment and services.
6. Expedite Family Reunification: The Iraqi government and the KRI authorities should take measures to expedite the family reunification process for refugees and asylum seekers, and ensure that separated families can be reunited as quickly as possible.
7. Enhance Access to the Labor Market: The Iraqi government and the KRI authorities should take measures to enhance access to the labor market for refugees and asylum seekers, including measures to recognize foreign qualifications and skills, and to provide vocational training and job placement services.
8. Ensure Adequate Housing and Basic Services: The Iraqi government and the KRI authorities should take measures to ensure that refugees and asylum seekers have access to adequate and safe housing, and to basic services such as water, sanitation, and healthcare.
9. Enhance Access to Education: The Iraqi government and the KRI authorities should take measures to enhance access to education for refugees and asylum seekers, including measures to provide language support, transportation, and access to materials and resources.

By implementing these recommendations, the Iraqi government and the KRI authorities can improve the rights and protections of refugees and asylum seekers, and ensure that they can live with dignity and respect in their host country.

References

• • Akram Nashat Ibrahim, General Principles in Comparative Criminal Law, First Edition, Al-Fitian Print House, Baghdad, 1998.
  • Guy S Goodwin Gill, The Refugee in International Law, Second Edition, Oxford, 1996.
  • Global protection cluster working group, Handbook for the Protection of Internally Displaced Persons, no year and place of publication.
  • Roman Boed, The State of the Right to Asylum in International Law, Duke Journal of Comparative and International Law, Vol. 5.1, 1994.
  • Mike                   Sanderson,               The    Syrian   Crisis   and   Principle    of Non-Refoulement, International Law Studies, Vol. 89, 2013.
  • Sigit Ryanto, The Refoulement Principle and its Relevance in the International Law System, Indonesian Journal of International Law, Vol. 7, 2010.
  • The United National High Commissioner for Refugees (UNHCR), A Guide to International Refugee Protection and Building State Asylum Systems, Handbook for Parliamentarians, 2017.
  • The United National High Commissioner for Refugees (UNHCR), RLD1 – An Introduction to the International Protection of Refugees, 1992.
  • UNHCR, International Protection Considerations with Regard to People Fleeing the Syrian Arab Republic, Update V, 2017.
  • The Law of Security Agency of Kurdistan Region of Iraq no. 5 of 2011
  • Law No. 38 of 1961 on Foreigner’s Real Estate Ownership in Iraq
  • Law No. 72 of 1978 on Arab Citizens’ Ownership of Immoveable Properties in Iraq
  • The United National High Commissioner for Refugees (UNHCR), What Is Protection? Reach-out- A Refugee Protection Training Project, 2005.