Shafaq News/ Iraq is facing complex legal and humanitarian challenges regarding its Syrian refugee population. While many Syrians are classified as displaced persons, the debate continues over whether they should be recognized as refugees under Iraq’s 1971 Political Refugee Law. With countries taking steps toward repatriation, Iraq's uncertain stance leaves the future of these refugees in question.
Global Syrian Refugees Crisis
The ongoing Syrian conflict has driven millions of people to seek refuge across the globe, with Turkiye hosting the largest population, totaling 3,112,683, according to the latest data from the UN Refugee Agency (UNHCR.)
Lebanon follows as the second-largest host country in the region, accommodating 774,697 refugees, while Germany leads in Europe with 716,728 Syrian nationals. Other host countries include Jordan with 628,135 refugees, Iraq with 286,099, and Egypt with 156,465.
In Europe, Austria has taken in 97,939 Syrians, Sweden 86,956, the Netherlands 65,622, and Greece 50,759.
The global distribution of Syrian refugees, detailed in the UNHCR's latest report, underscores the magnitude of the crisis. However, recent developments in Syria have prompted shifts in refugee policies across host nations.
Refugee Policies Shift
Less than 48 hours after the toppling of Syrian President Bashar al-Assad, Germany, which hosts the largest Syrian population outside the Middle East, announced it would freeze asylum processing for Syrian citizens.
An official from the Federal Office for Migration and Refugees cited the "unclear and unpredictable political situation" as the reason, noting that this would affect 47,770 pending applications.
Austria followed suit, with its caretaker government pausing asylum proceedings for Syrians.
Meanwhile, Greece, which houses tens of thousands of Syrian refugees, issued a statement emphasizing that the return to "democratic normalcy" in Syria should enable safe repatriations and curtail further migration.
Turkiye, the largest host, has intensified efforts to promote "honorable returns" through voluntary repatriation programs. Border crossings have seen increasing activity as Syrians prepare to return, encouraged by emerging stability in parts of the country.
Lebanon has also partially reopened its Masnaa border crossing, facilitating returns.
Despite these shifts, the UNHCR has urged caution. Filippo Grandi, the UN High Commissioner for Refugees, stressed that any repatriation must be "voluntary" and "safe," as conditions in Syria remain fragile and uncertain.
These developments raised questions about the future of millions displaced by the Syrian conflict, including in Iraq.
Iraq’s Syrian Refugees: Uncertain Future
Iraq is currently home to approximately 280,000 Syrians, with the majority residing in the Kurdistan region. Around 122,000 refugees are estimated to live in the Erbil Governorate, including both the city and surrounding camps. Of this number, 92,000 reside in Erbil and its outskirts outside the camps, while others are spread across several camps in Iraq such as Domiz, Qushtapa, Basirma, Darashakran, Gozarto, Sharya, Akre, Makhmour, Al-Sulaymaniyah.
Despite the large number of Syrians in Iraq, the Iraqi Ministry of Immigration and Displacement has stated that "the situation is unclear to raise issues such as the return at present," clarifying that Syrians in the country are not refugees, but displaced persons and asylum seekers.
Ali Abbas Jahakir, the ministry's spokesperson, explained that many Syrians initially displaced in Iraq were seeking asylum in other countries.
“The fate of these Syrians remains uncertain, as Iraq's position on asylum is shaped by regional dynamics…decisions on asylum requests are left to the authorities that permit them, while Iraq treats Syrian nationals as displaced persons.” He explained, pointing out that the strategic matters concerning the refugees are not feasible at this time.
Sherif Suleiman, a member of Iraq’s Committee of Labor, Social Affairs, and Displaced Persons, underscored Iraq's humanitarian stance, and the country’s longstanding tradition of hosting refugees, including those from neighboring countries. “Migration is a humanitarian issue and should be dealt with without political interference. The committee is closely monitoring the Syrian situation with the government and Ministry of Migration to assist as needed.”
“Despite the ongoing financial challenges in the region, the Kurdistan area remains a favored destination for many displaced Syrians due to its humanitarian response,” Suleiman said, expressing hope for stability in Syria to prevent further displacement but assured that Iraq is prepared to welcome additional refugees if the situation worsens.
While many Syrians are currently classified as displaced persons and asylum seekers, questions have arisen about the legal terminology and framework that should apply to their status.
Legal Debate Surrounds Syrians In Iraq
According to legal expert Mohamed Jumaa, the Iraqi government holds the legal right to accept refugees under the Political Refugee Law No. 51 of 1971. Jumaa clarified that “the law defines a refugee as anyone seeking refuge in Iraq for political or military reasons. Refugees in Iraq, under this law, are entitled to certain rights, and their refugee status is renewed annually as long as the conditions for their asylum remain valid.”
He pointed out that Palestinian refugees have retained their status for decades under the same law.
Jumaa strongly rejected the notion of referring to Syrians as displaced persons, asserting that they should be recognized as refugees or expatriates, arguing that displacement refers to internal movement within a country, while refugees cross borders seeking protection.
“The Iraqi government should handle the issue legally and avoid using colloquial terms like ‘guests,’ which hold no legal standing under Iraqi law. The term ‘refugee’ is the appropriate legal designation,” he said.
In contrast, legal expert Ali al-Tamimi provided insights into the distinction between political and humanitarian asylum in international law. He explained that “humanitarian asylum is granted to individuals fleeing unrest, human rights violations, or disturbances in their home countries, under specific conditions.”
“Political asylum, on the other hand, is less common and typically sought by political figures such as opposition leaders or individuals fleeing political persecution.”
The decision to grant political asylum, al-Tamimi noted, is a political one made by the host country.