Asylum policy – secret migration deal with Iraq

The federal government is keeping a migration agreement between Germany and Iraq secret. NDR, WDR and SZ the written declaration on migration and deportations from both countries is available. The opposition demands clarification.

For Olaf Scholz, they are “the most important thing” that is needed in migration policy. In a “short time” they would represent the “most important change”. What the Chancellor is pushing so hard are agreements with countries from which many asylum seekers come to Germany.

For the federal government, they are considered the central instrument in migration policy. Iraq, on the other hand, has been considered a particularly interesting negotiating partner for many months, as an exceptionally large number of rejected asylum seekers come from there.

A research by NDR, WDR and “Süddeutscher Zeitung” shows that the federal government and Iraq are already much further along in the negotiations than is publicly known. Both countries agreed to a joint declaration of intent months ago. But the process should apparently remain secret.

Germany has been trying to increase the number of deportations to Iraq for years. At the end of October, according to the Federal Ministry of the Interior, there were around 26,000 Iraqis who were required to leave the country – by far the most common nationality among those required to leave the country. However, in the entire year of 2022, only 77 people were deported directly to Iraq. So far there has been little sign of the “repatriation offensive” announced in the coalition agreement.

“Multi-pronged program”

According to the research, Germany and Iraq recorded their common goals on three A4 pages in the spring: In this document, “both sides express their desire to strengthen their mutual cooperation in the area of ​​migration, including legal migration, consular cooperation, etc return and integration.

An important goal is to promote the “voluntary return of people without a right of residence”. To achieve this, they want to set up a “multi-pronged program”.

The joint declaration of intent also specifically addresses the immigration of workers. Both sides “agree that legal migration is beneficial for both societies and strengthens relations between the two countries.” For example, they want to make it easier to issue visas for business travelers or students.

The wording stated that all groups of people are now eligible can be seen as a breakthrough on the subject of deportation: Both sides agreed on “the readmission of nationals who do not or no longer meet the requirements for entry, presence or residence in the respective territory.” .

This means that Iraq is now ready to take back not just delinquents, as was previously the case, but basically all citizens. It recently became known that more Yazidis are being deported to Iraq, where they were previously persecuted by the IS terrorist militia.

Identity verification should be regulated

The biggest problem in the area of ​​deportation is also specifically addressed: establishing identity. Because many asylum seekers in this country do not present any identification documents, they cannot be returned until their identity is clarified. Germany and Iraq now agree that all citizens in each other’s territory should be identified and provided with appropriate documents.

If the identity is unclear, both sides want to exchange biometric data. Iraqi embassy officials conducted interviews with possible nationals to determine identities.

The agreements, which have so far been kept secret, could already be having an effect: As the refugee organization Pro Asyl first reported, Iraq is increasingly confirming the identities of rejected asylum seekers. While only 115 suspected Iraqi nationals were heard in 2022, the number rose to 339 this year by August.

The total number of returns to Iraq has also doubled – from 77 in 2022 to 164 by the end of October 2023. A collective charter from Munich to Baghdad only started on Tuesday. According to the Bavarian state government, there were 28 Iraqis on board. These include 15 people who had previously committed crimes.

“I’m afraid”

One person who thought he could stay in Germany is Ahmed Qaro. The 24-year-old from near Mosul came a few years ago. He went to vocational school, worked as an intern at a well-known textile retail chain for nine months and learned German. He attended an integration course. But his asylum application was rejected.

According to the official documents, Qaro stated that there was no security in Iraq and that there was terror. However, he could not credibly assure the German authorities of individual persecution relevant to asylum law.

Now he is one of the thousands of Iraqis who have to leave Germany – and is therefore more of a norm: three quarters of all requests for protection from Iraqis are currently unsuccessful. “I’m scared,” he says at a meeting in Chemnitz. He wonders what the governments in Berlin and Baghdad plan to do with people like him now.

“No-contract procedure”

Like the research of WDR, NDR and SZ shows, in addition to Germany, other European countries have made confidential migration agreements with Iraq – Austria and Sweden, for example. When asked, the EU Commission confirmed that this year there had actually been “an unprecedented change in Iraq’s return and readmission policy in the second and third quarters”. The Iraqi government has committed to “accepting all repatriations.”

Unlike the Commission, the federal government continues to make its deal a secret. When requested, it does not deny or confirm the written agreement. The Federal Ministry of the Interior also does not comment on “details” in order to maintain “confidentiality”.

The cooperation takes place in the so-called non-contractual procedure. The government further says: “From the perspective of the Federal Ministry of the Interior, the cooperation with the Republic of Iraq is based on trust.”

One can only speculate as to where this reluctance comes from: Government circles say that a partner country has often suddenly ended cooperation. According to the research, either side can terminate the agreement without giving reasons.

Numerous Human rights violations

The deportation offensive to Iraq could also cause discussions, as the Federal Foreign Office’s asylum situation report still paints a bleak picture of the situation in Iraq: According to this, state authorities “continue to be responsible for numerous human rights violations”. Torture to force confessions, arbitrary arrests and kidnappings by Iraqi security forces are common.

When asked, Iraq did not deny the migration agreements and emphasized that cooperation with Germany was going well.

The opposition is therefore clearly criticizing the federal government – it is making refugee policy a secret matter. “Deportations are, at worst, a matter of life and death, but at least it is about guaranteeing basic rights,” says left-wing politician Clara Bünger. “The federal government must disclose what has been agreed with Iraq on the subject of deportations.”

The Union faction’s domestic policy spokesman, Alexander Throm (CDU), fundamentally understands confidential agreements. However: “The Chancellor cannot put migration agreements at the center of his policy and then leave parliament and the public completely in the dark about which agreements were concluded with which states,” says Throm.