COUNTRY:

Iraq

DOCUMENT TYPE:

Legislation

YEAR ADOPTED:

2012

Description

The Anti-Trafficking in Persons Law (Law No. 28 of 2012) was adopted by the Council of Representatives (Iraqi Parliament). The Government of Iraq implements the law through the Ministry of Interior, the judiciary, and law enforcement agencies.

This law establishes a comprehensive framework to combat human trafficking in Iraq, including the trafficking of children. The law defines human trafficking broadly to include acts of recruitment, transfer, harboring, or receipt of persons through force, fraud, or coercion for purposes such as forced labor, sexual exploitation, or organ harvesting. It prescribes severe penalties for offenders, ranging from fines to life imprisonment, depending on the gravity of the crime and the vulnerability of the victim. Additionally, the law mandates the establishment of shelters, psychological counseling, and reintegration programs for victims. The law was enacted in response to the rising prevalence of human trafficking in Iraq, exacerbated by conflict, instability, and displacement. According to a 2012 report by the United Nations Office on Drugs and Crime (UNODC), Iraq was both a source and destination country for trafficking, with vulnerable groups such as displaced persons, women, and children being disproportionately affected.[1]

The law provided Iraq with its first dedicated legal framework to address human trafficking, aligning domestic legislation with international instruments such as the Palermo Protocol. The establishment of shelters and victim support services improved access to protection and rehabilitation for trafficking survivors; by 2021, 15 shelters were operational across Iraq, serving over 1,200 victims annually.[2] Increased public awareness of trafficking risks, particularly among displaced communities, also had positive outcomes. Between 2018 and 2021, the number of trafficking cases prosecuted under the law rose by 45%, reflecting improved enforcement capacity.[3] Challenges remain, however, as enforcement is inconsistent by region, lack of resources and trained personnel. While shelters exist, they are often overcrowded and underfunded, with victims reporting limited access to legal aid and long-term reintegration programs

Overall, the Anti-Trafficking in Persons Law (Law No. 28 of 2012) represents a significant step forward in Iraq’s efforts to combat human trafficking. The displacement crisis in Iraq has created a fertile ground for traffickers, with reports indicating that 30% of trafficking victims in 2020 were from internally displaced or refugee populations.[4] By criminalizing trafficking and establishing a victim-centered approach, the law aligns with international best practices. However, its implementation has been hampered by systemic challenges, including corruption, limited resources, and cultural barriers. The ongoing displacement crisis in Iraq has compounded the issue, with traffickers exploiting the vulnerabilities of displaced populations. Children remain particularly at risk, with reports of forced labor and recruitment by armed groups. Additionally, enhanced regional cooperation is essential to address cross-border trafficking networks.

[1] UNODC. “Global Report on Trafficking in Persons 2012.” Available at: unodc.org

[2] Ministry of Interior, Iraq. “Annual Report on Trafficking in Persons in Iraq.” (2021).

[3] UNODC Iraq Country Office. “Progress Report on Anti-Trafficking Efforts in Iraq.” (2021).

[4] UNICEF. “Child Trafficking in Conflict-Affected Regions of Iraq.” (2020).