Human Rights Watch (HRW) has called on Iraqi authorities to halt the arbitrary detention and deportation of Syrian asylum seekers. HRW reported that despite possessing the necessary Iraqi documentation, many Syrians are being detained and deported without consideration of their refugee status or an opportunity to contest the deportation orders.
The issue comes in the wake of the Supreme Judicial Council of Iraq’s 2023 order which banned the deportation of any Syrian refugee, a directive seemingly ignored by authorities during a March 18, 2024, campaign targeting foreigners violating residency rules. This campaign has resulted in numerous detentions and deportations, often following raids on homes and workplaces as highlighted by Baladi News.
The detentions and deportations contravene Iraq’s obligations under the UN Convention Against Torture, which prohibits the forceful return of individuals to countries where they face serious risks. Iraq is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, but it does have a domestic framework—the Political Refugee Law No. 51 of 1971—that covers political and military refugees, although Syrians arriving after 2011 are not recognized under this law. However, UNHCR issues Syrians in Iraq asylum-seeker certificates which provide certain exemptions from the Foreign Residency Law.
The protracted Syrian conflict, despite a cessation of hostilities since 2018, has led to the world’s largest refugee population. Syrians fleeing armed conflict and instability still find their safety jeopardized, as documented by HRW. Upon returning to Syria, refugees often face grave abuses and persecution, a peril documented in multiple cases from 2017 to 2021.
The Iraqi government’s current approach raises serious human rights concerns, particularly regarding the principle of non-refoulement, and underscores the urgent need for adherence to international human rights standards.