Human trafficking in Iraq
Encyclopedia
Iraq is both a source and destination country for men, women, and children subjected to trafficking in persons
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

, specifically forced prostitution
Forced prostitution
Forced prostitution, also known as involuntary prostitution, is the act of performing sexual activity in exchange for money on a non-voluntary basis. There are a wide range of entry routes into prostitution, ranging from "voluntary and deliberate" entry, "semi-voluntary" based on pressure of...

 and forced labor. Iraqi women and girls, some as young as 11 years old, are subjected to conditions of human trafficking within the country and in Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....

, Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

, Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...

, the United Arab Emirates
United Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...

, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

, Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...

, and possibly Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....

 for forced prostitution and sexual exploitation
Sexual exploitation
Sexual exploitation may refer to:*Sexual slavery*Sexual exploitation and abuse in humanitarian response...

 within households.

In some cases, women are lured into forced sexual exploitation through false promises of work. The more prevalent means of human trafficking is through sale or forced marriage
Forced marriage
Forced marriage is a term used to describe a marriage in which one or both of the parties is married without his or her consent or against his or her will...

. Family members have coerced girls and women into prostitution to escape desperate economic circumstances, to pay debts, or to resolve disputes between families. Some women and girls are trafficked within Iraq for the purpose of sexual exploitation through the traditional institution of temporary marriages (muta’a). Under this arrangement, the family receives a dowry
Dowry
A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...

 from the husband and the marriage is terminated after a specified period. Iraqi males have also taken advantage of muta’a to traffic multiple women into other Iraqi provinces or neighboring countries, especially Syria, for the purposes of forced prostitution. Anecdotal reports tell of desperate Iraqi families abandoning their children at the Syrian border with the expectation that traffickers on the Syrian side will pick them up and arrange forged documents so the young women and girls can stay in Syria in exchange for working in a nightclub or brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...

. The large population of internally displaced person
Internally displaced person
An internally displaced person is someone who is forced to flee his or her home but who remains within his or her country's borders. They are often referred to as refugees, although they do not fall within the current legal definition of a refugee. At the end of 2006 it was estimated there were...

s and refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...

s moving within Iraq and across its borders are particularly at risk of being trafficked.

Iraq is a destination country for men and women who migrate from Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...

, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

, Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...

, Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...

, Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

, Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...

, Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

, Georgia
Georgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...

, Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

, and Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...

 and are subsequently subjected to conditions of forced labor as construction workers, security guards, cleaners, handymen, and domestic worker
Domestic worker
A domestic worker is a man, woman or child who works within the employer's household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping...

s. Such men and women often reported their employers seized workers’ passports and official documents, refused to honor employment contracts, and made threats of deportation as a means to keep them in a situation of forced labor. Some governments ban their nationals from working in Iraq. These bans are not effective, however, as many migrating laborers
Migrant worker
The term migrant worker has different official meanings and connotations in different parts of the world. The United Nations' definition is broad, including any people working outside of their home country...

 and labor brokers circumvent the law. Some of these foreign migrants were recruited for work in other countries such as Jordan or the Arab states of the Persian Gulf
Arab states of the Persian Gulf
"Arab states of the Persian Gulf" or "Arab Persian Gulf states" or "Persian Gulf Arab states" or "Arabic Persian Gulf states" or "Arab States of The Gulf", are terms that refer to the six Arab states of Saudi Arabia, United Arab Emirates, Qatar, Kuwait, Bahrain and Oman, bordering the Persian Gulf....

 but were forced or coerced to travel to Iraq, where their passports were confiscated and their wages withheld, ostensibly to repay labor brokers for the costs of recruitment, transport, and food and lodging. Other foreign migrants were aware they were destined for Iraq but once in-country, found the terms of employment were not what they expected or the jobs they were promised did not exist, and they faced coercion and serious harm, financial or otherwise, if they attempted to leave. In one case that came to light last year, 14 Ugandan women were subjected to forced labor in Iraq. These women were told they would work on U.S. military bases as domestic workers, although no U.S. contractors or subcontractors were involved in bringing them to Iraq. Upon arrival, the women were sent to work as domestic workers for private Iraqi families and received significantly lower wages. Some of the women were locked in rooms, had their passports stolen, and were physically or sexually abused
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...

 by either the recruitment agent or the employer, practices potentially used to keep them in compelled service.

Some Iraqi boys from poor families are subjected to forced street begging and other nonconsensual labor exploitation and forced commercial sexual exploitation. Some women from Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...

, Indonesia, Nepal, and the Philippines who migrated to the area under the jurisdiction of the Kurdistan Regional Government
Kurdistan Regional Government
The Kurdistan Regional Government , , is the official ruling body of the predominantly Kurds-populated Kurdistan Region in Northern Iraq...

 (KRG) experienced conditions of involuntary domestic servitude after being recruited with offers of different jobs. An Iraqi official revealed networks of women have been involved in the trafficking and sale of male and female children
Trafficking of children
Trafficking of children is a form of human trafficking. It is defined as the recruitment, transportation, transfer, harboring, or receiving of children for the purpose of exploitation....

 for the purposes of forced prostitution. There were reports some Iraqi boys were trafficked internally for the purpose of organ donation
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...

; Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...

 hospitals did not question the “voluntary” donation because often the father of the boy was present. There have been isolated cases of Iraqi border forces intercepting older men and young girls attempting to travel together out of Iraq using fake documents; NGOs contend these are cases of trafficking. Anecdotal evidence and media reports suggested some trafficking victims were taken from orphanages and other charitable institutions by employees of these organizations.

The Government of Iraq does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so in spite of resource and capability constraints. The Iraqi government continued to move its draft anti-trafficking bill through its legislative structures. Because the determination that Iraq is making significant efforts is based on indications of a commitment to take additional future steps over the next year, particularly the passage of the anti-trafficking law, Iraq is placed on the U.S. Department of State's Tier 2 Watch List for the second consecutive year. Despite these overall significant efforts, the government did not show progress over the last year in punishing trafficking offenses using existing laws, identifying and protecting victims of trafficking, or preventing trafficking from occurring.

Prosecution

The government made minimal progress in its anti-human trafficking law enforcement efforts over the past year. The 2005 Iraqi Constitution
Constitution of Iraq
The Constitution of Iraq is Iraq's fundamental law.-History:Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic...

 prohibits forced labor, slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...

, slave trade, trafficking in women or children, and sex trade, though the Constitution does not prescribe specific punishments for these acts and it cannot be used to prosecute offenders. The Government of Iraq has not yet passed its anti-trafficking draft legislation; however, it is reported the legislation finally progressed through the Shura Council
Shura Council
The Shura Council is the upper house of Egyptian bicameral Parliament. Its name roughly translates into English as "the Consultative Council". The lower house of parliament is the People's Assembly....

. Although no single law defines trafficking in persons or establishes it as a criminal offense, various provisions of Iraqi law apply to trafficking. During the last six months, the Iraqi government initiated both a criminal and a human rights investigation into an alleged labor trafficking crime, which resulted in the issuance of two arrest warrants. There were no mechanisms to collect data on offenses or enforcement. There was some evidence of complicity in trafficking by officials. An investigation of alleged trafficking involving the director of a women’s shelter in the KRG area last year had not been completed at the time of this report.

Protection

The Iraqi government demonstrated minimal efforts to ensure that victims of trafficking were given access to protective services during the reporting period. Iraq did not have formal procedures to identify victims of trafficking among vulnerable groups, such as women arrested for prostitution or foreign workers imported to Iraq by labor brokers, some of whom reportedly provided workers for U.S. government contractor
Government contractor
A government contractor is a private company that produces goods or services under contract for the government. Often the terms of the contract specify cost plus – i.e., the contractor gets paid for its costs, plus a specified profit margin. Laws often require governments to award contracts...

s and sub-contractors. The government did not fund even temporary shelters for trafficking victims, and did not show efforts to develop or implement procedures by which government officials systematically refer victims to organizations providing legal, medical, or psychological services. However, two ministries refer adult and juvenile detainees to medical screening if they report abuse; reports of abuse of juvenile detainees are investigated, although the results of these investigations are not known. All care is administered by NGOs, which run victim-care facilities and shelters accessible to victims of trafficking. Because coercion
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...

 is not recognized in Iraqi courts as a legal defense for engaging in an unlawful act, women who have been coerced into prostitution have been prosecuted and convicted. Sex trafficking victims reportedly were prosecuted for prostitution and some spent several months in detention awaiting trial. In the few known cases of children who were forced into armed service, the child victims were prosecuted for terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

 offenses. Some child trafficking victims were placed in protective facilities, orphanages, and foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....

, while others were placed in juvenile detention centers. Since trafficking is not established as a crime in Iraq, the government did not encourage victims to assist in investigations or prosecution. Foreign victims had no legal protection against removal to countries in which they may face hardship or retribution. Iraq did not assist foreign trafficking victims by providing temporary or permanent residency
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....

 status or other relief from deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...

. There was no victims’ restitution
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...

 program. In August 2009, the Iraqi government assisted in the repatriation
Repatriation
Repatriation is the process of returning a person back to one's place of origin or citizenship. This includes the process of returning refugees or soldiers to their place of origin following a war...

 of the 14 Ugandan women subjected to forced labor in Iraq. Iraq did not provide any specialized training for government officials to identify trafficking victims. Furthermore, the government denied permission for an NGO to visit Baghdad’s women’s prison, where the NGO had previously identified trafficking victims among women detained for offenses committed as a result of being trafficked.

Prevention

The Government of Iraq took minimal efforts to prevent trafficking in persons during the reporting period. The Ministry of Human Rights, working in tandem with the Ministry of Youth and Sports, initiated a public awareness campaign aimed at educating children at schools and youth centers across the country about trafficking. However, the government has not yet created an effective mechanism to disseminate awareness information to front-line law enforcement officers
Iraqi Police
The Iraqi Police Service are the uniformed Territorial police force responsible for the enforcement of civil law within Iraq.The current organisation, structure and recruitment practice was guided by the Coalition Provisional Authority following the 2003 invasion of Iraq...

who are most likely to come into contact with trafficking victims. Law enforcement officials did not consistently screen people leaving or entering Iraq for evidence of trafficking, and the borders of Iraq remained generally unsecured. The Iraqi government had not taken steps to end the practice of forced marriages and curb the use of temporary marriages, which can result in situations of sexual and involuntary domestic servitude; and it had not regulated recruitment practices of foreign labor brokers to prevent practices facilitating forced labor. The Supreme Committee to Combat Human Trafficking, an inter-ministerial committee composed of members from the Ministries of Human Rights, Foreign Affairs, and Labor and Social Affairs, continued to serve as a coordinating body on human trafficking issues, though it wielded no special authority to implement its recommendations.
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