The government decreased overall efforts to protect victims. The MOI reported it identified 32 trafficking victims, including 22 sex trafficking victims (including six girls), seven forced labor victims (all adults), and three victims of unspecified forms of trafficking (including one boy). This compared with identifying 81 victims in the previous reporting period. The government referred all 32 identified victims to care and provided healthcare, shelter, and legal assistance. The KRG did not report victim identification or referral data. The Iraqi government repatriated four victims during the reporting period; this compared with the repatriation of around 125 foreign trafficking victims and more than 3,000 vulnerable Iraqi migrants returning from Europe in the previous reporting period.
The Iraqi government remained without systematic victim identification guidelines for all officials, including first responders who encountered potential trafficking victims among vulnerable groups, including undocumented foreign migrants and persons in commercial sex. The Iraqi government also did not have an NRM; the government continued to have an ad hoc referral process. In 2020 and 2021, an international organization coordinated with the Ministry of Migration and Displacement (MOMD) to address capacity gaps in referral mechanisms; with support from an international organization, the MOMD previously piloted a NRM in Ninewa governate and Al Anbar governate. During the reporting period, an international organization facilitated training for NRM caseworkers as part of this pilot. Civil society organizations reported some Iraqi officials, including district-level police officers, did not proactively identify trafficking victims because they lacked a general understanding of the crime. NGOs reported some foreign workers were detained and deported without being screened for trafficking indicators and the government also did not routinely screen IDPs for trafficking indicators.
Investigative judges were the only officials legally authorized to identify and refer a trafficking victim to protection services via a court order, including the government-run shelter in Baghdad. Although witnesses were not required to testify in front of their traffickers, their testimony was a prerequisite to initiate a criminal investigation. If victims did not provide testimony, or judges determined there was insufficient evidence, an individual could be denied status as a trafficking victim which would then deny access to protection services. In a previous reporting period, an international organization noted successful victim identification was strongly linked to the capacity and experience of individual investigative judges. NGOs and an international organization continued to report authorities frequently held trafficking victims in detention facilities while an investigative judge determined their status as a victim.
The KRG reported victims could be identified through management offices at refugee and IDP camps, hotlines, foreign embassies, and the public and then referred to the appropriate law enforcement agency, including the specialized anti-trafficking police in IKR. However, just as in Federal Iraq, in the IKR specialized judges also retained sole authority to refer victims to government-run shelters and IKR observers reported similar concerns that some victims may have been unable to receive access to the shelter and protective services during the year if they were not recognized as a victim by a judge.
Some officials continued to criminalize and punish trafficking victims. Authorities arrested, imprisoned, deported, and financially penalized trafficking victims in Iraq, including in the IKR, for unlawful acts traffickers compelled them to commit, such as “prostitution” and immigration violations. Foreign migrant workers, including foreign labor trafficking victims, faced regular discrimination in the criminal justice process, revictimization, and retaliation from traffickers.
Although employers were legally responsible to pay immigration fees or expenses related to foreign worker recruitment under Iraq’s sponsorship system, in previous reporting periods, some authorities penalized workers, including identified and unidentified trafficking victims, for failing to pay. Observers continued to report officials sometimes waived residency fines, but the decision-making process appeared arbitrary and highly dependent on the individual official. In March 2020, the Supreme Judicial Council (SJC) advised its judges to waive all fines for trafficking victims who were in violation of Iraq’s residency laws. In 2022, the Iraqi government reported all foreign trafficking victims who had violated residency laws during the year had fines waived. Within the IKR, KRG authorities also improved the process for waiving fines that trafficking victims would otherwise be subject to for working in Kurdistan without legal documentation; however, as this process was informal, some trafficking victims may not have benefitted from the change.
In addition, Iraqi and KRG authorities continued to inappropriately detain and prosecute, without legal representation, children allegedly affiliated with ISIS – some of whom were victims of forcible recruitment or use – and used abusive interrogation techniques and torture to obtain confessions; the Iraqi government did not report screening these children as potential trafficking victims or referring them to protection services. As of February 2022, an international NGO reported more than 1,000 children remained in detention in Iraq for alleged association with armed groups, primarily ISIS.
The Ministry of Labor and Social Affairs (MOLSA) operated one shelter which could accommodate 50 adult female victims. There were no trafficking-specific shelters available for men, children, or LGBTQI+ victims. Men were released to their homes and children were sent to orphanages or homeless shelters. Iraqi law prohibited NGOs from operating shelters. Victims were only allowed to enter or leave the shelter by a judge’s order. NGOs reported the Iraqi government relied on donations from civil society and international organizations to fund the government shelter. MOLSA – in coordination with the Ministry of Health (MOH) – reported it provided victims at the shelter with psycho-social, trauma, and reintegration services, medical care, and long-term shelter; MOH reported it dedicated two doctors for trafficking victims at the shelter. Observers reported overall services fulfilled victims’ basic physical needs, but a lack of resources, staffing, and case management training limited shelter staff’s ability to provide psycho-social and medical care and vocational training specifically for trafficking victims. An international organization reported MOLSA shelter staff referred cases to other organizations for specific protection needs. Foreign trafficking victims were legally entitled to the same benefits as domestic victims, but in practice were frequently referred to an international organization for assistance, including shelter and facilitating repatriation to the victims’ countries of origin. Although it did not report the extent to which the case management system was utilized, MOLSA reported victims were provided vocational training at the shelter during the year. In most cases, officials did not allow female victims to freely enter and exit shelters because they were referred via a court order and officials limited victims’ ability to communicate with anyone outside of the shelters. An international organization reported foreign victims could not easily access services outside of the shelter while they awaited repatriation; instead, foreign victims often relied on their embassies for support.
During a previous reporting period, an NGO reported allegations that staff and guards at the Iraqi government-operated shelter abused trafficking victims. Subsequently, the government installed a monitoring system at the shelter which remained operational during the reporting period. The Iraqi government did not provide specialized care for rape victims, including trafficking victims who were also victims of rape. The family members of some sex trafficking victims attempted to convince them to leave the MOLSA shelter and drop any charges to avoid stigma. For such cases, the government continued to operate 16 Family Protection Units across federal Iraq that focused on family reconciliation for victims of trafficking or other crimes such as rape. NGOs continued to report the largest gap in victim service provision was the lack of specialized trafficking shelters in the country. The Iraqi government did not report providing funding or in-kind assistance to NGOs that provided victim care; however, NGOs and international organizations reported the government fully cooperated with civil society actors, especially regarding victim services for foreign trafficking victims. The Iraqi government did not report providing protection or reintegration services to demobilized child soldiers of ISIS.
The KRG continued to operate four domestic violence shelters in the IKR for women; the shelters could provide limited services to female trafficking victims. Victims needed to obtain a court order to leave the shelters, which significantly restricted their movement, and shelter space was limited. The KRG did not report how many trafficking victims received services at these shelters during the reporting period. Since November 2019, the KRG allowed an Erbil-based NGO to operate the first and only trafficking shelter in the IKR. In December 2021, the KRG renewed its partnership with the NGO to operate the shelter through December 2022; the renewed partnership continued to support comprehensive case management, and legal, health and mental health services and expanded psycho-social support programming was not renewed as of the close of the reporting period. The shelter could house as many as 38 victims at one time and was almost always at capacity. The KRG continued to facilitate the release of Yezidis held captive by ISIS, most of whom were likely trafficking victims, and reported it coordinated with NGOs and an international organization to provide essential psycho-social and protective services to these victims.
Neither the Iraqi government nor the KRG provided adequate protections to victims or witnesses to encourage their assistance in investigations and prosecutions of traffickers. The government did not report whether any identified victims voluntarily assisted law enforcement authorities during the investigation and prosecution of traffickers following initial confirmation of a victim by an investigative judge. Victims were not required to participate in prosecution of their traffickers in order to access protection services. Civil society organizations, including the Iraqi Bar Association, reported they provided free attorneys to represent foreign workers in court proceedings. The Iraqi government allowed trafficking victims to work, move freely, and leave the country during trials. The MOI reported any foreign or Iraqi trafficking victim could file a civil lawsuit against a trafficker but did not report if any victims filed during the reporting period. NGOs reported government compensation was available to victims but took an extended period of time to obtain. A court ordered employers pay 25 labor trafficking victims’ unpaid wages during the reporting period.
The government did not always provide reliable translation and interpretation services for foreign trafficking victims, which delayed cases for months; in some cases, courts used unqualified interpreters, which harmed the credibility of victims’ testimonies. Labor and criminal courts in the IKR did not provide translation and interpretation services for foreign workers, including foreign labor trafficking victims.
Iraqi anti-trafficking law allowed the government to provide special residency status benefits to foreign trafficking victims; MOI reported that it provided residency waivers to all 32 identified it victims during the reporting period. The KRG did not offer special residency status to victims during the reporting period, but it reportedly continued to refrain from deporting victims. The Iraqi government and the KRG could provide foreign victims relief from deportation or offer legal alternatives to their removal to countries in which they may have faced hardship or retribution and reported doing so during the reporting period but did not provide details.