Lax KRG migration controls leave foreign workers open to abuse

ERBIL, Kurdistan Region – Migrant workers in the Kurdistan Region are vulnerable to exploitation, abuse, and trafficking because of limited oversight by the Ministry of Labor and Social Affairs, a minister has acknowledged. 

Just four percent of foreign workers who enter Kurdistan do so through the ministry, according to Kwestan Mohammed, the Kurdistan Regional Government (KRG) minister for labor and social affairs. 

The rest arrive through private recruitment firms, the Ministry of Interior, or illegally through trafficking networks, she said.

“Not all foreign workers come to the Region through us. I think about four percent come through our companies,” Mohammed told reporters on Thursday. “Unfortunately, the rest comes through the ministry of interior, illegal ways, and lawyers.”

Migrant workers primarily come to the Kurdistan Region from Southern and Southeast Asian countries like the Philippines and Bangladesh to work in the service sector and as domestic servants. 

The lack of government oversight has led to several cases of abuse including rape, violations of basic rights, and poor working conditions. 

“We believe that these workers are in dire conditions. Therefore, along with the Ministry of Interior, we are going to hold a conference to sign some common instructions and memorandum of understanding regarding the conditions of local and foreign workers,” Mohammed added.

Mohammed Hazhar, head of the Foreign Workers Culture and Defense Organization (FWCDO), called on the KRG to end the abuse of migrant workers.
 
“We have submitted a project to the Ministry of Labor [and Social Affairs] in order to have a 15-minute meeting with the Kurdistan Regional Government’s prime minister to prevent the condition of foreign workers deteriorating. The solution is definitely in his hands,” Hazhar said.

According to FWCDO’s own data, 15 foreign workers died in the Kurdistan Region and Iraq in 2019. Three Nepalese women were sexually abused. Police are currently investigating 80 cases of human trafficking.

The KRG has acknowledged that human trafficking is a problem within its borders and has pledged to combat the phenomenon. However, trust in the system that is supposed to protect victims is low.

“The victims generally believe that many of the perpetrators are powerful and would still be able to harm them,” Wahbiya Zrar, a lawyer with more than a decade of experience in human rights law, told Rudaw in a December 5 email. 

At least 38 employment agencies have been blacklisted following investigations into trafficking, “but nobody has been fully prosecuted,” Zrar added. Agencies are able to simply reopen under a new name.

READ MORE: Trafficked: Kurdistan’s trade in human lives 

Trafficking is a form of modern slavery that shackles some 24.9 million people worldwide and targets society’s vulnerable populations, including foreign workers, the poor, women, and children. It is a multifaceted crime that crosses legal and societal boundaries and demands a holistic strategy to combat it. 

It’s a well-publicized problem in the wealthy Gulf nations, but the Kurdistan Region too is a source, transit zone, and destination. The Kurdistan Region has been called a Middle Eastern hub because of its relaxed visa rules and the problem is compounded by the kafala residency system, whereby a worker is tied to their employer through immigration sponsorship. Some 100 employment agencies are bringing tens of thousands of foreign workers into the Kurdistan Region and Iraq annually. 

Employment agencies bringing foreign workers into the country must be licensed by the Ministry of Labor and Social Affairs and are subject to random checks. They must ensure that employers provide a clean, healthy, and safe work and living environment, though multiple agencies said they don’t inspect conditions themselves. 

In July 2018, the Kurdistan Regional Government (KRG) passed a law criminalizing human trafficking, as cases of the inhumane practice skyrocketed during the Islamic State (ISIS) conflict and the war in Syria.

With additional reporting by Arkan Ali and Hannah Lynch