Iraq

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Iraq are found in the 1963 Personal Status Code, which addresses forced marriage at Article 9, with a potential penalty of imprisonment up to three years and a fine if the offender is a first degree relative or a potential penalty of imprisonment from three to ten years in the other cases. Paragraph 376 of the 1969 Penal Code also addresses obtaining a marriage certificate while knowing the existence of an invalidity cause, with a potential penalty of imprisonment up to seven years.

Consent to marriage

There appears to be no legislation in Iraq that requires consent to marriage. However, section 9 of the THE PERSONAL STATUS CODE 1959 recognizes that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.

Servile marriage

There appears to be no legislation in Iraq that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Iraq that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in Iraq is 18, without differentiation by gender, as set out on Article 7 of the 1959 Personal Status Code. However, marriages below this age may be permitted with the authorization of the judge if the eligibility and physical ability of the person is proven and after obtaining the approval of the legal guardian. These exceptions are not differentiated by gender, and allow marriage as early as 15, as set out on Article 8 of the 1959 Personal Status Code. The judge can authorize the marriage of a 15-year-old in case of urgent necessity, as set out on Article 8 of the 1959 Personal Status Code.

Region

Asia-Pacific

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
18 January 1929
1953 Protocol to the Slavery Convention
23 May 1955
1956 Supplementary Slavery Convention
30 September 1963
1966 ICCPR
25 January 1971
1930 Forced Labour Convention
27 November 1962
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
15 June 1959
1999 Worst Forms of Child Labour Convention
09 July 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
09 February 2009
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
30 September 1963
1966 ICCPR
25 January 1971
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
25 January 1971
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
15 June 1994
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
24 June 2008
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
13 August 1986
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
09 February 2009
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
09 July 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • Bali Process
  • Organisation of Islamic Cooperation
  • Arab League

Legislative Provisions

IRAQI CONSTITUTION 2005

Article 15:
Every individual has the right to enjoy life, security and liberty. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority.
Article 22:
First: Work is a right for all Iraqis in a way that guarantees a dignified life for them.
Second: The law shall regulate the relationship between employees and employers on economic bases and while observing the rules of social justice.
Third: The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law.
Article 29:
Third: Economic exploitation of children in all of its forms shall be prohibited, and the State shall take the necessary measures for their protection. Fourth: All forms of violence and abuse in the family, school, and society shall be prohibited.
Article 37:
First:
A. The liberty and dignity of man shall be protected.
C. All forms of psychological and physical torture and inhumane treatment are prohibited. Any confession made under force, threat, or torture shall not be relied on, and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law.
Second: The State shall guarantee protection of the individual from intellectual, political and religious coercion.
Third: Forced labor, slavery, slave trade, trafficking in women or children, and sex trade shall be prohibited.
Article 44:
First: Each Iraqi has freedom of movement, travel, and residence inside and outside Iraq.Iraq Constitution

PENAL CODE 1969

Article 13
In circumstances other than those stipulated in Articles 9, 10 and 11, the provisions of this Code are applicable to all those who enter Iraq subsequent to committing an offence abroad whether as principals or accessories to the following offences: Destroying or causing damage to international means of communications or trading in women, children, slaves or drugs.
Article 320
Any public official or agent who employs others to carry out the activities relating to his position and who retains for himself in whole or in part the wages or other recompense due to his employees or who employs slave labor and takes their wages for himself or who enters in a government register the names of fictitious or genuine persons who have not been engaged in those activities and retains their wages for himself or who pays such employees their wages at the government’s expense is punishable by a term of imprisonment not exceeding 10 years or by detention.
Article 325
Any public official or agent who engages slave labor in activities unconnected with the legally or constitutionally recognized public interest or activities other than those that are prompted by necessity or who obliges a person to engage in activities or circumstances other than those in which the law sanctions such activity is punishable by detention. This is in addition to an order that he pay any wages due to those people he has unlawfully employed.
Paragraph 392
Any person who compels another under the age of 18 to become a beggar is punishable by a period of detention not exceeding 3 months plus a fine not exceeding 50 dinars or by one of those penalties. The penalty will be a period of detention not exceeding 6 months plus a fine not exceeding 100 dinars or one of
Paragraph 399
Any person who 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 is punishable by detention. The penalty will be a term of imprisonment not exceeding 10 years or by detention if the offender is a person described in Sub-Paragraph 2 of Paragraph 393 and intends to profit by his action or receives money for such action.
Paragraph 421
Any person who seizes, detains or deprives a person of his liberty in any way without an order from a competent authority in circumstances other than those described in the laws and regulations to that effect is punishable by detention. The penalty will be a term of imprisonment not exceeding 10 years in the following circumstances:
(1) If the offence is committed by a person who is wearing the uniform of a government employee without being entitled to do so or a distinctive official insignia belonging to such employee or assumes a false public identity or issues a false order for the arrest, imprisonment or detention of a person while claiming it to be issued by a competent authority.
(2) If the offence is accompanied by the threat of death or physical or mental torment.
(3) If the offence is committed by two or more persons or by a person openly carrying a weapon.
(4) If the period of seizure, detention or deprivation of freedom exceeds 15 days.
(5) If the motive for the offence is financial gain or the sexual assault of the victim or the taking of vengeance on the victim or on another.
(6) If the offence is committed against a public official or agent in the execution of his duty or employment or as a consequence of it.
Paragraph 399
Any person who 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 is punishable by detention. The penalty will be a term of imprisonment not exceeding 10 years or by detention if the offender is a person described in Sub-Paragraph 2 of Paragraph 393 and intends to profit by his action or receives money for such action.
Paragraph 421
Any person who seizes, detains or deprives
a person of his liberty in any way without an order from a
competent authority in circumstances other than those described
in the laws and regulations to that effect is punishable by
detention.
The penalty will be a term of imprisonment not exceeding 10
years in the following circumstances:

(1) If the offence is committed by a person who is wearing the uniform of a government employee without being entitled to do so or a distinctive official insignia belonging to such employee or assumes a false public identity or issues a false order for the arrest, imprisonment or detention of a person while claiming it to be issued by a competent authority.
(2) If the offence is accompanied by the threat of death or physical or mental torment.
(3) If the offence is committed by two or more persons or by a person openly carrying a weapon.
(4) If the period of seizure, detention or deprivation of freedom exceeds 15 days.
(5) If the motive for the offence is financial gain or the sexual assault of the victim or the taking of vengeance on the victim or on another.
(6) If the offence is committed against a public official or agent in the execution of his duty or employment or as a consequence of it.
Paragraph 425
Any person who provides a location for unlawful detention or imprisonment while being aware of that fact is punishable by a term of imprisonment not exceeding 7 years or by detention.

Iraq Penal Code

TRAFFICKING IN PERSONS LAW OF 2012

Article 1
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.
Article 5
First: A person who commits the crime of Human Trafficking stipulated in Article (1) of this law shall be punished by temporary imprisonment and a penalty not less than 5 million, and not exceeding 10 million, Iraqi dinars.
Second: A person who commits the crime of Human Trafficking by the following means shall be punished by imprisonment not exceeding 15 years and penalty not exceeding 10 million Iraqi dinars:
A.The use of any form of coercion, including blackmail, threat, and/or confiscation of travel or official documents.
B. The use of fraudulent means to deceive or victimize victims.
C. Giving or receiving money or privileges in exchange for approval from a person of authority or guardianship over the victim.
Article 6
First: If the victim is under 18 years of age
Second: if the victim is female, or disabled
Third: If the crime was committed by an organized crime group or of international nature
Fourth: The crime was committed by kidnapping or torture
Fifth: The perpetrator is an immediate or second relative, guardian, or spouse of the victim
Sixth: The trafficking resulted in terminal illness or permanent disability to the victim
Seventh: The trafficking affected multiple persons or for a multiple of times
Eigth: The trafficking was carried out by a government employee or a person commissioned to public service
Ninth: Exploitation of influence or a victim’s weakness or need
Article 7

A person who committed one of the following acts shall be punished by imprisonment of not less than 3 years or by a penalty not less than 10 million, and not more than, 20 million, Iraqi dinars, or both penalties:
First: Established or managed an internet website to engage in human trafficking
Second: Engaged or facilitated a human trafficking contract using the internet
Article 8
If the act of Human Trafficking leads to death of the victim, the punishment shall be capital punishment.
Article 10
Consent by a victim to human trafficking shall not be accepted as a defense. Iraq Trafficking in Persons Lawpdf

LAW 54/1958

Article 3
Penalty of imprisonment for a period of not more than 7 years for whoever engages on procurement or uses premises for that purpose.
Article 4
provides that a woman who is proved to have engaged in prostitution shall be confined to a reformatory of the Ministry of Labour and Social Affairs.
Article 5
Whoever forcibly detains a person, male or female, for the purposes of prostitution or sodomy a penalty of 10 years in prison where the victim is over the age of 18 and not more that 15 years where the victim is under 18as well as court – awarded compensation for the victim in either case.

PENAL CODE 1969

Paragraph 294

Any person who, before an authority presiding over an investigation into the circumstances of a death or bequest, makes false statements concerning the facts under investigation and a document is issued on the basis of such statements is punishable by detention plus a fine or by one of those penalties. The same penalty applies to any person who makes false statements or registers with or submits to any such person a document containing false information with intent to register the fact that either of the parties in the marriage contract has reached the legally required age in order to authenticate such marriage `contract or to conclude a marriage contract to which there exists a legal impediment and a marriage certificate is issued on the basis of such statements or documents. 

The same penalty applies to any public official or agent who issues a certificate pertaining to the death of a person or a bequest or attests a marriage contract while being aware of the false nature of those statements or documents on which that certificate or marriage contract is based: 

 Paragraph 376

Any person who obtains a marriage certificate knowing it to be invalid for any reason in secular or canonical law and any person who issues such certificate knowing the marriage to be invalid is punishable by a term of imprisonment not exceeding 7 years or by detention. The penalty will be a term of imprisonment not exceeding 10 years if the spouse, in respect of whom the reason for the invalidity has arisen, conceals that fact from his partner or consummates the marriage on the basis of the invalid certificate. 

 Paragraph 395

Any person who seduces a woman over the age of 18 with a promise of marriage, has sexual intercourse with her and subsequently refuses to marry her is punishable by detention. 

 Paragraph 398

If the offender mentioned in this Section [sexual assault] then lawfully marries the victim, any action becomes void and any investigation or other procedure is discontinued and, if a sentence has already been passed in respect of such action, then the sentence will be quashed. Legal proceedings will resume or the sentence will be reinstated, according to the circumstances if such marriage ends in divorce brought about by the husband without legal justification or in a divorce ordered by the court for wrongs committed by the husband or for his bad behavior within 3 years following the cessation of the proceedings. The public prosecutor, the accused, the victim or any person who has an interest in the proceedings may, according to the circumstances, make application for the proceedings, investigation, procedures or execution of the sentence to be stopped or for their resumption or for the reinstatement of the sentence. 

 Paragraph 427

If the offender mentioned in this Section [Unlawful seizure, kidnapping and detention] then lawfully marries the victim, any action becomes void and any investigation or other procedure is discontinued and, if a sentence has already been passed in respect of such action, the sentence will be quashed.  

Legal proceedings will resume or the sentence will be reinstated according to the circumstances if the marriage ends in a divorce brought about by the husband without legal justification or in a divorce ordered by the court for wrongs committed by the husband or for his bad behavior within 3 years following the cessation of the proceedings.  

The public prosecutor, the accused, the victim or any person who has an interest in the proceedings may, according to the circumstances, make application for the proceedings, investigation, procedures or execution of the sentence to be . stopped or for their resumption or for the reinstatement of the sentence. 

Iraq Penal Code 1969-English-PDF. 

THE PERSONAL STATUS CODE 188/1959

Article 3 

1- Marriage is a contract between a man and a woman who is lawfully permissible to him, the purpose of which is to establish a bond for a mutual life and procreate children. 

2- If the marriage contract has been initiated, the two parties shall abide by the provisions incumbent upon them at the time of its initiation. 

3- The promise of marriage, the recital of Al-Fatiha (the first Surah of the Holy Quran) and the betrothal are not considered as a contract. 

4- Marrying more than one woman is not allowed except with the authorization of the qadi (judge). Granting this authorization is dependant on the fulfilment of the following two conditions: 

a- The husband should have the financial capacity to provide for more than one wife 

b- There is a legitimate interest. 

5- If justice between wives is feared, polygamy may not be allowed. The issue would then be left to the judge’s determination. 

6- Each person who concludes a marriage contract with more than one wife, contrary to the stipulations of paragraphs 4 and 5, shall be sentenced to no more than one year of imprisonment or charged with a fine not exceeding 100 Dinars or both. 

7- Exception from the provisions of paragraphs 4 and 5 of this article: marriage to more than one woman is permissible when the prospective wife is a widow 

 Article 4 

A marriage contract is initiated by an offer expressed by one of the two parties to the contract – either verbally or customarily – and the acceptance of the other party with the agent (wakil) acting in his place. 

 Article 5 

A marriage contract is valid if the two parties to the contract, or whoever acting in their place, meet the legal and lawful conditions. 

 Article 6 

1- A marriage contract will not be initiated if one of the conditions of validity stated below is missing: 

a- The offer and acceptance must be done in one sitting. 

b- Each party to the contract must listen to the other’s words and understand clearly that what is intended is marriage. 

c- The second party must accept the offer of the first party. 

d- Two witnesses having the qualification of legal competence must bear witness to the marriage contract. 

e- The validity of the contract must not be linked to a condition f- If the prospective husband is absent, he shall write to the one he wants to marry. The latter should read what he wrote or read it to two witnesses and they should bear witness that she accepts to marry him. 

2- The legitimate conditions stipulated in the marriage contract must be fulfilled. 

3- The wife has the right to revoke the contract when the husband fails to fulfil the conditions he agreed upon in the marriage contract. 

 Article 7 

1- In order for the marriage to be valid, the two parties to the contract should be sane and have reached 18 years of age 

2- The judge can authorize the marriage of a mentally ill person if it was confirmed in a medical report that his marriage entails no harm to society and that it is in his personal interest, provided that the other person accepts the marriage expressly. 

 Article 8 

1- If a 15-year-old person asks to be married, the judge can authorize his marriage if the eligibility and physical ability of the person in question was proven to him, after obtaining the approval of his legal guardian. If the guardian abstains from responding, the judge calls upon him to state his answer during a defined period. Thus, if the guardian does not object or if he submits an objection that is unworthy of consideration, the judge shall proceed to authorizing the marriage. 

2- The judge can authorize the marriage of a 15-year-old person if he sees in it an urgent necessity. Giving such authorization is also conditional upon the attainment of legal puberty and physical ability. 

 Article 9 

1- No relative or non-relative has the right to force marriage on any person, whether male or female, without their consent. The contract of a forced marriage is considered void if the marriage is not yet consummated. Moreover, none of the relatives or other people has the right to prevent whoever is eligible for marriage from being married by virtue of the provisions of this marriage law. 

2- A first degree relative who breaches the provisions of paragraph 1 of this article shall be sentenced to no more than three years imprisonment and charged with a fine of a specified amount. If the person who breaches this provision is not a first degree relative, he shall be sentenced to an imprisonment term varying from a minimum of three years to a maximum of ten years. 

3- The Shari’a Court or the Personal Status Court must notify the investigation authorities of any violation of the provisions of paragraph 1 of this article so that they take legal action against the person in question. The court is entitled to hold him in custody to ensure his appearance before the said authorities. Furthermore, the person who was subject to coercion or prevention has the right to refer directly to the investigation authorities concerning this matter 

 Art 10 

The marriage contract should be registered in a special record in the competent court without paying any fees, according to the following conditions: 

 

5- Any man who concludes his marriage contract outside the court is punished with a period of imprisonment that is no less than six months and no more than a year, or charged with a fine that is no less than three hundred Dinars and no more than a thousand Dinars. If he concludes another marriage outside the court when he is already married, the imprisonment penalty shall range between a minimum of three years and a maximum of five years