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Human Trafficking in Iraq:

2003 and Beyond
Comprehensive Information on Complex Crises

May 2012

Linda Lavender Desk Officer Mediterranean Basin linda.lavender@cimicweb.org

This document discusses the issue of human-trafficking in Iraq from 2003 until present. Related information is available at www.cimicweb.org. Hyperlinks to source material are highlighted in blue and underlined in the text.
United Nations Office on Drugs and Crime (UNODC) 2009 report, titled Global Trafficking in Persons, maintains that the international community is just now acknowledging that trafficking in persons (TIP) is a modern form of slavery. TIP at its most basic form is an act where humans prey upon other humans for money and exploitation. With growing awareness and international interest in addressing the issue, this report will review the current global context and international initiatives to counter human trafficking.

In addition to providing current information on the issue of human-trafficking, this report will explore the country of Iraq as a source and destination country for human-trafficking of men, women and children. Iraq has been host to an international presence from early 2003 to late 2011. An overwhelming amount of evidence suggests that a link exists between trafficking and post-conflict regions according to the Center for Strategic and International Studies (CSIS). Human rights groups, the International Organization of Migration (IOM), and agencies within the United Nations have reported that in and around these post-conflict regions, where there are typically long-term, international deployments there is also a documented rise in the number of trafficked women and girls. Trafficking, especially the enslavement of women and girls for forced prostitution follows market demand and, in post-conflict situations, that demand is often created by international peacekeepers. The US Department of State Trafficking in Persons 2011 report states that Iraqi women and girls are subjected to trafficking both within their country and abroad to countries such as Syria, Lebanon, Jordan, Kuwait, the United Arab Emirates, Turkey, Iran, Yemen and Saudi Arabia where they are often victims of forced prostitution and/or sexual exploitation within households.

An Overview of Human Trafficking

The UN High Commissioner for Human Rights (OHCHR), in its Protocol to Protect, Suppress and Punish Trafficking in Persons Especially Woman and Children supplementing the United Nations Convention against Transnational Organized Crime, defines trafficking in persons as: The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or

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Human Trafficking in Iraq

benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs (Article 2, UN Protocol) The UN sees this definition assisting countries around the world in adopting laws that provide consistency in defining the criminality of human trafficking. Additionally the definition provides a common set of principles in which to adopt legal frameworks that effectively address the issue of TIP. As of May 2012, 117 countries are signatories and 147 have ratified the convention and protocol according to the United Nations Treaty Collection archive. Further, a UNODC background report found that the majority of these countries adopted some form of new laws or amended existing legislation in an attempt better define TIP and increase the penalties for traffickers at a national level. Statistics regarding human trafficking are sobering. In 2007, the International Labour Organisation (ILO) reported that, annually, between 1.5 to 1.8 million people fall victim to human-trafficking. Of those, approximately 500,000 to 600,000 are trafficked into the commercial sex industry.1 A 2007 report by the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) states that approximately 2.5 million people, male and female, were in situations of forced labour and sexual exploitation at any given time as a result of human trafficking practices. Approximately 9.2% or 230,000 victims were located in the Middle East and North Africa. UN.GIFT found that globally, the majority of trafficking victims are between 18 and 24 years of age and 1.2 million children were trafficked annually. Trafficking poses great dangers to victims with 95% reporting physical or sexual violence while being trafficked. The UNODC Global Report on Trafficking in Persons (2009) mentioned previously, found that sexual exploitation is the most commonly identified form of human trafficking at 79%, followed by forced labour at 18% (see Graph 1). However, UNODC indicates that these numbers could be skewed as the exploitation of women tends to be a more visible offense and as a result, is the most documented form of TIP. Nevertheless, the UNODC report found that women are disproportionately involved in human trafficking, both as victims and perpetrators. Human-trafficking is a profitable, illicit activity. Annual global profits are estimated to be USD 32 billion with USD 1.5 billion originating from Middle East and North African countries. International trafficking affects 161 countries worldwide, according to the Polaris Project2. UN.GIFT reports trafficking is low-risk for criminal syndicates, and for every 800 persons trafficked, only one trafficker was convicted of the crime, according to 2006 data. Activists indicate that low prosecution and conviction rates are primarily due to historically poor international coordination as well as ineffective anti-trafficking laws instituted within countries, despite the adoption of Resolution 55/25 by the United Nations General Assembly in 2000.3 Annex II of Resolution 55/25 is titled the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. UN Secretary General Kofi Annan explained in his forward of the 2000 Convention and Protocols that the trafficking of persons, particularly women and children for forced and exploitative labour, including sexual exploitation, was one of the most egregious violations of human rights that the United Nations confronted. In 2000, the practice was widespread and growing and Kofi Annan understood that the issue was rooted in social and economic conditions that many vulnerable populations experience. The commitment to find a global solution to end human trafficking continues today with the current UN Secretary General Ban Ki-moons initiative, launched in August 2010 to develop a global action plan to combat human trafficking. The Secretary General underscored the importance of worldwide, coordinated and consistent measures. The action plan focuses on preventing trafficking, prosecuting offenders and protecting survivors while underscoring the need for more research, data and analysis regarding trafficking.

It is important to note that human trafficking is an illicit activity and as such exact figures do not exist; however, organisations are able to base statistics on registered cases and trends analysis.
2
3

The Polaris Project is an NGO focused on global anti-trafficking.

Resolution 55/25 passed the United Nations Convention Against Transnational Organized Crime and the Protocols Thereto.

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Table 1, located below, is a compilation of information regarding Iraqs neighbouring countries. The table identifies whether a country was a signer and/or ratifier of the UN Protocol to Prevent while also identifying the tier the United States TIP report ranks the country.

TABLE 1: Regional Report Card: UN Protocol & 2011 Trafficking Rating Country
Iraq Bahrain Iran Jordan Kuwait Lebanon Saudi Arabia Syrian Arab Republic Turkey United Arab Emirates Yemen

Signer- UN Protocol
n/a n/a n/a n/a n/a 9 Dec 2002 10 Dec 2002 13 Dec 2000 13 Dec 2000 n/a n/a

Ratified-UN Protocol
9 Feb 2009 a 7 Jun 2004 a n/a 11 Jun 2009 a 12 May 2006 a 5 Oct 2005 20 Jul 2007 8 Apr 2009 25 Mar 2003 21 Jan 2009 a n/a

US TIP Report (2011)

Tier 2 Watch List Tier 2 Tier 2 Tier 2 Tier 3 Tier 3 Tier 3 Tier 2 Watch List Tier 2 Tier 2 Tier 3

Sources: UN Treaties & US State Department 2011 TIP Report

International Actions to Combat Trafficking4

United Nations Efforts to Combat Human Trafficking There are numerous UN entities activity engaged in addressing the issue of human trafficking. Below are a few of the most notable organisations. The Global Programme against Trafficking in Human Beings (GPAT) and the Global Programme against the Smuggling of Migrants (GPAS) are initiatives designed by both the UNODC and the United Nations Interregional Crime and Justice Research Institute (UNICRI) and launched in 1999. The primary objective of these two programmes is to support Member States and grassroots practitioners to prevent and prosecute TIP, protect the rights of individuals who fall prey to the criminals who perpetrate these crimes and to foster cooperation amongst Member States. UNODC has over 10 years of experience in the issue of trafficking and can provide technical assistance to prevent and combat TIP. Currently, UNODC provides assistance to over 80 countries in Africa, Asia, Central and Eastern Europe, Middle East and Latin America. UNODC, in an in-depth evaluation report of UN.GIFT, explains that the organisation was established as a global initiative to foster awareness, global commitment and action to counter human trafficking, with an initial focus on
4

The internationally actions to address human trafficking discussed in this report are by no means an exhaustive list of efforts, initiatives or organisations but is a sampling of the types of work that is being undertaken to address the challenge.

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10 regional conferences and one global conference. Additional objectives included increasing anti-human trafficking (AHT) related political commitment and capacity of Member States, resource mobilisation, and creating and strengthening support programmes for victims of human trafficking. UNODC has managed UN.GIFT in conjunction with an oversight committee which comprises International Labour Organisation (ILO), International Organization for Migration (IOM); United Nations Childrens Fund (UNICEF); OHCHR; Organization for Security and Co-operation in Europe (OSCE); and the donor government of the Emirate of Abu Dhabi. The OHCHR appointed a Special Rapporteur to respond to reliable information on possible human rights violations with a particular interest in protecting victims of TIP. UNICEF is also working to protect children from violence, exploitation and abuse. The ILO is a specialised UN agency that promotes social justice and internationally recognised human and labour rights. In 2001, the ILO created the Special Action Programme (SAP) to combat the issue of forced labour which includes the exploitation of migrant workers and human trafficking practices. The IOM has actively worked to counter human trafficking since 1997. The IOM reports that it has implemented almost 500 projects in over 85 countries and has provided direct assistant to thousands of trafficked persons. Additionally, the IOM has undertaken the IOM Global (Victim-Centred) Human Trafficking Database which is the worlds largest primary database on registered victims of trafficking. As of December 2009, the IOM had gathered data on over 13,800 survivors of trafficking and has both qualitative and quantitative information that allows for analysis and policy formulation. NGOs are a critical component in formulating a comprehensive approach addressing human trafficking according to Human Trafficking.org Additionally, NGOs and civil society organisations are already playing key roles in efforts to eradicated human trafficking. Their on-the-ground experiences are valuable to governments seeking to implement policies and programmes that will be effective in addressing the prevention, protection and prosecution of those involved in trafficking. United States Actions to Combat Trafficking The United States Trafficking Victims Protection Act (TVPA), first passed in 2000, describes human-trafficking or TIP as involving activities in which one person obtains or holds another in compelled service. The TVPA classifies these activities into four areas: involuntary servitude, slavery, debt bondage and forced labour. Major forms of trafficking include: forced labour, sex trafficking, bonded labour, debt bondage among migrant labourers, involuntary domestic servitude, forced child labour, child soldiers and child sex trafficking. Since 2001, the US Department of State has published its own annual Trafficking in Persons Report. The report is considered one of the worlds most comprehensive resources in understanding the issue of TIP and is used as a diplomatic tool to engage foreign governments in dialogue that advances anti-trafficking reform. The report categorises the worlds countries into three classifications/Tiers (see Annex A). European Countries Actions to Combat Trafficking According to the European Commissions website5, recent anti-human trafficking efforts centre on a holistic approach which focuses on the prevention of trafficking, the protection of vulnerable populations and the prosecution of traffickers. Additionally, the efforts reflect the new Directive 2011/36/EU adopted 05 April 2011. The 2011Directive comes after a 2008 Commission found the effectiveness of the older trafficking framework, EU Action Plan, unsatisfactory in fighting trafficking. Directive 2011/36/EU makes explicit that the definition of human trafficking also covers trafficking for illegal adoption or forced marriages and trafficking for the removal of organs. The Directive also provides tougher penalties for traffickers as well as better protection of and assistance to victims. Accessing the European Commissions Fight against Trafficking in Human Beings library provides in-depth descriptions of collective and independent actions member states are taking to address the challenge.
5

Europa webpage has a detailed listing of each EU Member State identifies, combats and prevents human trafficking.

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Council of Europe Action The Council of Europe Convention on Action against Trafficking in Human Beings, adopted by the Council of Europe 16 May 2005 and implemented 01 February 2008 is an important, comprehensive, international treaty focusing on the protection of victims and the protection of their rights in addition to preventing trafficking and the prosecution of traffickers. In order to ensure effective implementation of its provisions by the participating countries, the Convention provided for the establishment of an effective and independent monitoring mechanism which is capable of controlling the implementation of the obligations contained in the Convention. The monitoring mechanism of the Council of Europe was adopted by the Group of Experts on Action against Trafficking in Human Beings (GRETA) in 2009.6 The Convention is not restricted to Council of Europe Member States but is open for non-member states and the European Community.

Iraq & Human Trafficking

An Overview According to the Heartland Alliance, an NGO focused on human trafficking, forced prostitution and labour has long existed in Iraq. Forced marriage and domestic servitude within families, tribes and communities are also commonplace but after 2003 and the subsequent sectarian conflict, Iraq has increasingly been a source of trafficking victims who are transported to neighbouring countries. Iraq is also a destination country for foreign workers from the Philippines, Nepal, Bangladesh and other countries where poverty is widespread. The Heartland Alliance maintains that, exacerbating the issue is the weak governance and lack of enforcement mechanisms to deter human traffickers. Inter Press Service (IPS) reports that in the early 1990s, Iraq had the highest female literacy rates across the Middle East and more Iraqi women were employed in skilled professions such as medicine and education than in any other country in the region. In the years following the Iraq war, the country experienced a breakdown of law and order resulting in a rise in kidnapping and trafficking. Even so, a survey conducted by Women for Women International, an NGO, showed over 90% of Iraqi women were hopeful for their future in 2004 but by 2008 that number had decreased to 27%. Today, womens advances have largely disappeared as the countrys instability facilitated a rise in tribal customs and sharia law according to Human Rights Watch (HRW).The 2005 Iraqi constitution prohibits forced labour, slavery, slave trade, trafficking in women or children, and sex trade; however, the constitution does not prescribe specific punishments for these acts and it cannot be used to prosecute offenders. The US State Department 2011 TIP report designates Iraq as a Tier 2 Watch List country. Iraqs rating is due to the fact that the government did not fully comply with the minimum standards for the elimination of trafficking. The government demonstrated poor law enforcement efforts addressing TIP. According to the IOM 2011 Case Data on Human Trafficking: Global Figures and Trends, the organisation assisted in 36 cases of human trafficking in Iraq and the IOM provided assistance to 65 cases in which Iraq was the destination country. Sex Trafficking The years of war and instability after the fall of Saddam Husseins regime in 2003 have provided abundant opportunities for criminal elements to prosper, including human traffickers, according to the Time magazine article Will Iraq Crack Down on Sex Trafficking. Amnesty International states [w]ar and conflicts wherever they are fought, invariably usher in sickeningly high levels of violence against women and girls. Additionally, internally displaced persons (IDPs) and refugees are populations extremely vulnerable to human trafficking. According to United Nations High Commission for Refugees (UNHCR), there were 1.79 million documented Iraqi refugees in 2010 with the majority living in camps within Jordan and Syria. UNHCR reports approximately 1.55 million IDPs living within Iraq of which 83% are estimated to be women and children, according to the International Committee of the Red Cross (ICRC). There are few reliable statistics that indicate how many Iraqi women and children have been sold into slavery. Accurate reporting of human trafficking in Iraq is complicated by the very nature of the illicit activity and the reluctance of victims or their families to come forward in a society where female virtue is prized and the resulting
6

Workflow of the Monitoring Mechanism Link

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societal stigma can mean marginalisation or even death, according to United States Agency for International Development (USAID). Even so, some Baghdad-based non-governmental organisations (NGOs) place the figure of human trafficking in the tens of thousands. According to the Organization of Womens Freedom in Iraq, an estimated 4,000 Iraqi women, one-fifth of whom are under 18, have disappeared [in broad daylight] since the 2003 invasion; many are believed to have been trafficked. An Integrated Regional Information Network (IRIN) article reported Iraqi officials and aid worker concerns over the alarming rate at which children were disappearing during the post-war chaos7. Vice President of Iraqi Families Association (IFA), an NGO that registers cases of missing children, Omar Khalif, told IRIN that as least five children are disappearing every week. Further, the IFA has unconfirmed reports that suggest Iraqi children are being sold into European countries. Little was known of the buyers or of the ultimate purpose of the sale. One senior Iraqi police officer told the Guardian in 2009 that at least 15 Iraqi children were sold every month. In 2009, gangs operating within Iraq were offering between GBP 200 to 4,000 per child that were then sold internationally. Destination countries were Syria, Jordan, Turkey, and European countries such as Switzerland, Ireland, UK, Portugal and Sweden. According to the Guardian, during negotiations with family members, the gang members prepared the paperwork, which included forging birth certificates, changing names and adding the child to the passport of the intermediary who is paid to take the child out of Iraq. Colonel Firaz Abdallah, a member of the Iraqi police, indicated that gangs use intermediaries who pretend to work for non-governmental organisations. One trafficker told the Guardian that trafficking in Iraq was cheaper and easier than other countries given the willingness of underpaid government workers to help falsify documents for money. Abdallah stated that, [c]orruption in many departments of the government makes our job complicated [because] when those children come to the airport or the border, everything looks correct and it is hard for us to keep them inside the country without significant evidence that the child is being trafficked. Iraqs Unspeakable Crime: Mothers Pimping Daughters, a Time magazine article, explores the life of an undercover activist working in the Iraqi sex trade as a pimp. The article explains how desperate mothers sell their teenage daughters into the sex market where the youngest victims are between 11 and 12 years old. According to Hinda, the undercover activist, the buying and selling of girls in Iraq, its like the trade in cattle. Hindas research confirms that trafficking routes in Iraq are both local and international. According to United Press International (UPI), professional traffickers are often women who target girls and young women in cities or public transportation systems who have often fled their homes out of fear of abuse, forced marriage or the threat of honour crimes. The female traffickers pretend to provide assistance, offering to take the girls to shelters that turn out to be brothels where the young women are forced to work. The UPI article suggests that Syria and Jordon are Iraqs top two sex-trafficking destinations. Other destinations include the United Arab Emirates, Saudi Arabia, Kuwait, Lebanon and Iran. Additionally, Syria has seen a rise in muta marriages which can be allowed among some Shiite communities. These controversial marriages, also known as temporary marriages can be abused by traffickers so that a girl or woman is married one day for an agreed price, can be divorced within 48 hours, leaving the female in what can be described as a compromised position within a conservative culture. Research suggests that the rates at which these muta marriages are carried out intensifies during the summer when male tourists visit Syria from the Gulf. Muta marriage brokers typically target the youngest girls, who are virgins, where their sale price can reach thousands of dollars, states UPI. Often victims are trafficked illegally on forged passports or legally through forced marriages. Married within Iraq, their husbands divorce the young women once reaching their destination country and are forced into sexual slavery. Iraqi officials suspect that organised international gangs are carrying out the trafficking in collaboration with Iraqis who are arranging the abductions from within their own country according to the previously mentioned IRIN article. A separate IRIN article describes a report released by the UNHCR, the United Nations Children's Fund (UNICEF) and the World Food Programme (WFP) which details organised networks dealing with the sex trade in Syria. The report makes a correlation between the deteriorating conditions of Iraqi citizens and an increase in prostitution and trafficking of Iraqi sex workers. It is not possible to say how big the trafficking
7

The IRIN article was published in 2006. The post-war chaos covers the period from 2003 to 2006.

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problem from Iraq to Syria is but we know it does exist, said Ann Maymann, a protection officer with UNHCR in Damascus. It is something that has been kept quiet because people are afraid to talk about it. Human Trafficking within Iraqi Refugee Populations Research shows that one of the most vulnerable populations for trafficking are refugee populations that fled instability and violence in Iraq from 2003 to 2007, according to a conference paper prepared for the Women Solidarity for an Independent and Unified Iraq Conference held in April 2011. UNHCR states that over one million Iraqis are residing as refugees within Syria. Some Iraqis have been granted temporary visas to enter Syria but restrictions implemented by the Syrian government in 2007 do not allow Iraqi refugees to become legal residents and Iraqi passports are now stamped, banning individuals from the ability to obtain work. According to Social Change through Education in the Middle East (SCEME) who authored the conference report, the inability for refugees to work inevitably leads to situations in which girls and women become vulnerable to recruitment tactics by traffickers and then fall victim to sex-trafficking. Since the 2003 US-led invasion, 50,000 Iraqi women and girls have been forced into the sex trade in Syria alone, according to the Womens Commission for Refugee Women & Children. Syrias lack of progress in addressing its human trafficking issues places Syria at a Tier 2 Watch List on the US State Departments 2011 Trafficking in Persons Report. Meanwhile, the Womens Commission for Refugee Women and Children found that in 2007, some 750,000 Iraqis had fled the violence in Iraq, seeking refuge in Jordan, a country of approximately six million people. Currently UNHCR reports that there are 30,000 registered and 419,000 unregistered Iraqi refugees living in Jordan. According to the SCEME paper, many of the Jordon-based Iraqis are single women with children living in Jordan illegally, as Jordan has failed to recognise them as refugees. As most Iraqis lack legal status and cannot work or integrate locally, many women and children are lured by human traffickers with false promises of making money. Jordan is considered by the US State Department to be a Tier 2 country by the 2011 Trafficking in Persons report (See Annex A). Iraqi refugees in Lebanon comprise 80% of all refugee populations residing in that country. Like Jordan and Syria, Lebanon is not a signer8 of the UN Refugee Convention of 1951 and as a result, Iraqi refugees are considered illegal immigrants. Many Iraqis are smuggled into the country as the strict requirements for tourist visas, short and long term visas make obtaining visas difficult. As a result, women are trafficked into Lebanon where they are forced into domestic and sexual servitude according to SCEME. Those who engage in the sex trafficking of Iraqi refugees into the United Arab Emirates (UAE) are most often Iraqi, says SCEME. The report indicates that trafficking from Iraq to UAE is done by organised syndicates. Young women are lured by promises of employment in UAE hotels but are forced into prostitution upon their arrival into the UAE. Similarly, girls and young women trafficked to Saudi Arabia are victims of sexual exploitation and forced prostitution. According to the US State Department, Saudi Arabia has done little to improve the prevention and prosecution of human trafficking. As such, the US State Department places the country at a Tier 3 level on its most recent TIP report. Iraqi Legal Frameworks and Protections The Iraqi constitution9 considers human trafficking illegal. Up until February 2012, there was no specific law in the Iraqi national legislation or penal codes that criminalised trafficking in persons. Only now has Iraq established trafficking as a separate offence or defines it in similar terms as to the UN Trafficking Protocol, according to a UNODC report. But without updated penal codes, the Iraqi justice system was forced to rely on antiquated codes related to the trade of slaves. According to an IPS article, Judge Asghar al Musawi, senior deputy minister at the Ministry of Migration and Displacement states, [w]e have reports about trafficking both inside and out of Iraq. However, Musawi admits that the Iraqi government institutions are not mature enough to deal with this topic yet, as the departments are still in their growing phase. Human Trafficking Codes 1969-2012
8 9

See list of UN Refugee Convention of 1951 signatories.

See article 35, Chapter II Liberties of the Iraq Constitution where it criminalises trafficking in women and children as well as criminalising forced labour, slavery and the slave trade.

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Iraqs Penal Code No. 111 of 1969 addresses a broad range of exploitative, coercive and immoral acts but does not specifically address trafficking. Penal Code No. 111 only treats the sexual assault of a boy or girl under the age of 18 with or without the use of force, menaces or deception. The Penal Code punishes any immodest act with a man or woman without his or her consent and any action that incites a boy or girl under the age of 18 to indulge in fornication or resort to prostitution as a profession or assists him or her to do so. The fines imposed on such crimes were increased by Law No. 6 of 2010, given the substantial inflation of the Iraqi Dinar in the interim, to ensure these fines played a genuine deterrent role. Yet in the absence of a specialised law to enable Iraqi prosecutors to define the crime as TIP, perpetrators were not punished appropriately for their illegal activities. According to a Time article, as of 2008, the Iraq government had not prosecuted any traffickers. The US State Department 2008 TIP report maintained that the Iraqi government was not combating trafficking and further stated that it offers no protection service to victims of trafficking, reported no efforts to prevent trafficking in persons and does not acknowledge trafficking to be a problem in the country. Additionally, Iraq was unable to provide criminal justice statistics on TIP to officials researching the issue. The Heartland Alliance published a 2007 report that shed light on the trafficking related crimes that came close but did not specifically prosecute trafficking activities.

Trafficking Related Crimes and Penalties - Iraq10 Penal Code 111

Penal Code Reference Article 380 Article 385 Article 393 Article 394 Article 396(1) Article 396(2) Article 397 Article 399 Article 421 Article 422 Description Incitement to Commit Adultery Carnal Knowledge of Minor Rape Sexual Intercourse with a minor between 15-18 years of age Sexual Assault of Adult Sexual Assault of Minor Sexual Assault of Minor without the use of force Incitement to fornication or prostitution of a minor Kidnapping Kidnapping of a minor Sentence/Punishment Max. penalty of 10 years Max. penalty of 15 years Max. penalty of 7 years Max. penalty of 7 years Max. penalty of 10 years Max. penalty of 7 years Max. penalty of 10 years Max. penalty of 10 years Max. penalty without force 10 years Max. penalty with force 15 years Max. penalty of 15 years Life or Death penalty if sexually assaulted Life or Death penalty

Article 423

Kidnapping of a women

Article 424 Section 3, 4 Bagha Section 1, 8 Jawazat 10 Ahwal Shakhsiya

Kidnapping resulting in death Promoting Prostitution Unlawful marriage Personal status law violations

Source: Heartland Alliance 2007

The NGO Coordination Committee for Iraq reports that on 12 July 2011, the Iraqi Parliament held its first reading of a draft Iraqi Anti-Trafficking in Persons Law. According to the committee, over six months passed without serious debate and voting on the bill. Iraqs current parliamentary and governmental rifts between Sunni and Shiites, deterioration in security, and the continuation of arbitrary detentions by the government have delayed serious deliberations on the draft legislation, reports the NGO Coordination Committee for Iraq.
10

The Iraq Penal Code of 1969 does not treat slavery or forced labour.

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2012 Trafficking In Persons Law The Iraqi Parliament, after debate and select modifications to the proposed trafficking bill, passed the legislation unanimously into law on 23 February 201211. The law defines trafficking and offers a definition of the crime of trafficking itself: First: For purposes of this law, the term Human Trafficking shall indicate recruiting, transporting, housing, or receiving individuals by force, threat to use force, or other means, including by coercion, kidnapping, fraud, deception, misuse of power, exchange of money, or privileges to an influential person in order to sell and exploit the trafficked individuals by means of prostitution, sexual abuse, unpaid labor, forced labor, enslavement, beggary, trading of human organs, medical experimentation. Second: the victim here means the person who suffered from material or moral damage caused by one of the crimes stipulated in this law. (Article 1, Iraq Trafficking Law 2012) Additionally, the law classifies the prosecution of traffickers, which is a crucial step forward in addressing the issue. The Laws passage makes it the 13th Middle Eastern country to enact TIP legislation. The IOM states it will assist Iraq in an assessment to establish baseline figures relating to trafficking in Iraq, as well as the creation of mechanisms within civil society to support the ministries that deal with trafficking victims. Below is a summary of the most relevant penalties for human trafficking contained in the 2012 law.
IRAQ TRAFFICKING IN PERSONS PENAL CODE (2012) Article 5 Conviction Human Trafficking (HT) Human Trafficking with any form of coercion, including blackmail, therat and/or confiscation of travel or official documents. Human Trafficking with the use of fraudulent means to deceive or victimize victims Human Trafficking with the giving or receiving of money or privileges in exchange for authority or guardianship over the victim Monetary Penalty 5-10 Million Iraqi Dinars Incarceration Penalty Temporary Imprisonment

Up to 10 Million Iraqi Dinars

Imprisonment up to 15 years

Up to 10 Million Iraqi Dinars

Imprisonment up to 15 years

Up to 10 Million Iraqi Dinars

Imprisonment up to 15 years

Article 6 Human Trafficking when the victim is under 18 years of age, or female or disabled. Human Trafficking by an organised crime group or of an international nature. Human Trafficking with the use of kidnapping and or torture Human Trafficking the perpetrator is an immediate or second relative, guardian or spouse of the victim Not Less Than 15 Million Iraqi Dinars Life Imprisonment

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

11

CFC was able to obtain the unofficial copy of the bill with the proposed edits and amendments.

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Human Trafficking resulted in terminal illness or permanent disability to the victim Human Trafficking- affected multiple persons or if occurring multiple times Human Trafficking by a government employee or a person commissioned to public service Human Trafficking- exploitation of influence or a victims weakness or need

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

Not Less Than 15 Million Iraqi Dinars

Life Imprisonment

Not Less Than 15 Million Iraqi Dinars Article 7

Life Imprisonment

Human Trafficking- established or managed a website to engage in trafficking Human Trafficking- engaged or facilitated a HT contract using the internet

Minimum 10 Million Iraq Dinars OR

Minimum 3 year imprisonment Minimum 3 year imprisonment

Minimum 10 Million Iraq Dinars OR Article 8

Human Trafficking - leads to death of the victim

Capital Punishment

Enforcement of Laws Enforcement of trafficking laws has proved challenging in many countries. UNODCs Global Trafficking in Persons reported that 40% of the 155 countries covered in the report did not have a single conviction for TIP from 2003-2008.Often times corruption allows traffickers to operate with impunity. Yanar Mohammend, Director of the Organization of Womens Freedom in Iraq told Time that many traffickers in Iraq have working relationships with the police to facilitate their illegal work. Mohammeds organisation is at the forefront of antitrafficking efforts within the country and has deep knowledge of the corruption within the security forces. According to one report by the National Institute of Human Rights12, one young woman, who attempted to escape a brothel, was returned to the establishment by police officers, who turned out to be loyal customers. UNODCs Framework for Action confirms that national legal frameworks specifically addressing TIP, in conjunction with frameworks for crimes related to trafficking such as corruption, money laundering, obstruction of justice and participation in an organised criminal group makes for the most effective enforcement. In instances where a global trafficking ring is discovered, it is difficult to gather evidence in order to effectively prosecute the entire network that supports the illegal activity and as a result, only one or two individuals involved in the syndicate may be charged. Most importantly, trafficking as a transnational crime requires transnational legal mechanisms and cooperation to prosecute criminals. Cooperation must exist not only at the transnational level, but the national and local levels as well. UNODC indicates that coordination across all sectors ensures effective enforcement. The US Department of States 2010 Trafficking in Persons Report found evidence of complicity in trafficking by officials in Iraq. The Heartland Alliance documented instances when employees working in Iraqs orphanages were stopped at the Iraqi-Syrian border attempting to transport young girls to Syria to be sold to brothels and nightclub owners. In a press release dated 07 March 2012, the US Embassy in Iraq reiterated that a strong criminal justice system, including an independent judiciary and professional law enforcement capabilities, are fundamental to the future
12

The National Institute for Human Rights (NIHR) was founded in 2005 by peacebuilding and human rights activists in Kirkuk reports the website Insight into Conflict.

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security of Iraq. In a strategic framework agreement the US and Iraqi governments identified areas of cooperation to strengthen capacity in law enforcement. The US government offered advisory and technical assistance as well as training to support the Ministry of Interior and police services to develop leadership and skills to support the rule of law in Iraq. Conclusion Iraq has become a centre for people flowing both in an out of the country since 2003 following the overthrow of Saddam Hussein. According to the BBC, Iraqi women, children and their organs in some cases are being sold to foreigners. The lack of strong central government controls, corruption, fluid borders and weak rule of law continue to allow trafficking to continue in Iraq. Trafficked and prostituted Iraqi women and girls are victims of poverty, conflict and violence. Often society treats them as criminals. However, Iraqs Human Trafficking Law is an important first step in protecting trafficking victims and punishing the true criminals: the traffickers. Now that a law exists in Iraq, officials at all governmental levels must be trained because without a fundamental shift to full application of protective legislation, sex-trafficking will continue according to SCEME.

ANNEX A: US STATE DEPARTMENT TIP REPORT TIERS

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Human Trafficking in Iraq

US Department of State Ranking of TVNP Compliance (2011)

Source: US State Department TIP Report

Tier 1: A foreign government has acknowledged the existence of human trafficking, made efforts to address the problem, and complies with the US TVPAs minimum standards13. Each year a country must demonstrate measurable progress in combating trafficking in order to maintain a Tier 1 ranking. Tier 2: Includes countries whose governments do not fully comply with the TVPAs minimum standards, but are making significant efforts to bring themselves into compliance with those standards. Tier 2 WATCH LIST: Include countries whose governments do not fully comply with the TVPA minimum standard, but are attempting to bring themselves into compliance with these standards AND: a. The absolute number of victims of severe forms of TIP is significant or is significantly increasing; b. There is a failure to provide evidence of efforts to combat severe forms of TIP from the previous year; or c. It is determined that the country is making significant efforts to bring itself into compliance with TVPA minimum standards was based on assurances by the country to take promised additional steps over the next year. Tier 3: Lists countries whose governments do not fully comply with TVPA minimum standards and are making no significant efforts to bring their country into TVPA compliance.

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Trafficking Victims Protection Act: Minimum Standards for the Elimination of Trafficking in Persons

May 2012

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