Hammurabi Human Rights Organization has issued a statement strongly rejects the forced deportation of Iraqi refugees who are in Sweden, as the statement has considered the deportation process a distortion of the agreement of understanding between Iraq and Sweden. The statement has emphasized that the aforesaid agreement, signed in February 18, 2008, did not include any clause confirming a forced or coerced return and that the forced deportation process is unsuitable in maintaining the humanitarian dignity of the Iraqis and pushing them to places where the security situation is still fragile. Also in its statement, the organization has called for the Swedish government to deal with the Memorandum of Understanding in line with the standards of maintaining the peaceful and humanitarian approach in dealing with refugees, while the Iraqi government appealed to defend its citizens in a way of serving their humanitarian rights. It has invited both Iraq and Sweden for a coordination and consultation in reviewing the validity of implementing the agreement, in a manner of not distorting it contrary to its humanitarian essence and abiding by humanitarian standards in dealing with Iraqi refugees. The statement text is as follows:
Statement / Hammurabi Human Rights Organization is rejecting the forced deportation of Iraqis from Sweden, and considering it a distortion of the Memorandum of Understanding (MoU) between Iraq and Sweden.
Our organization, and through the past few months, has followed up with great concern the situation of Iraqi refugees deported from Sweden, and held numerous meetings with a number of them in different parts of Iraq, and most of them expressed that the way being deported by was neither orderly nor humane, and that the Swedish authorities exercised the abuse in the process of deportation and issued judgments of rejection against them without being interviewed or personally appearance in the courts. Some of them claimed that they were deported without compensation or even a pocket money enabling them to get to the intended secured place in Iraq. In return, others pointed out that they were surprised about the careless reaction of the Iraqi government after reaching Iraq. Those who voluntarily returned complained from the nature of the bureaucratic procedures to receive compensation entitlements, while others whom the organization met with still did not receive those entitlements, despite the passing of more than three months after their return. There were some painful stories especially of those who were deported by force to insecure places that we can’t cover in this statement.
Our organization, and while supporting the return of Iraqis to their homeland in order to build, reconstruct and develop it again, but it is strongly rejecting the forced deportation from asylum countries in an indecent way of maintaining their humanitarian dignity, and forced them to move to other places where security situation remains fragile, and in contravention of international humanitarian norms and even the general criteria of Memorandum of Understanding (MoU)signed between the Government of Kingdom of Sweden and the Government of Republic of Iraq on February 18, 2008 in Baghdad, on which the Swedish government is basing in the process of deportation, as it was signed by the Iraqi Foreign Minister Hoshyar Zebari and the Swedish ambassador in Iraq, Niclas Trouve. The Memorandum stresses in the second paragraph that both parties have accept on specific mechanisms for the return, that” the return of Iraqis will, primarily, take place at their freely expressed wish, based on their knowledge of the situation in intended places of return, and giving options for continued stay in Sweden.”
In the light of agreement text seen by our organization, it is clear that it does not include any clause emphasizing the forced or coerced return, as point C of Paragraph II of the foresaid agreement stipulates that "Iraqis who have no protection or compelling humanitarian needs justifying prolongation of their stay in Sweden. But who nevertheless, continue to refuse to avail themselves of the option of voluntary return may be ordered to leave Sweden as an option of last resort. The return process of such persons will be phased, orderly and humane."
Therefore our organization demands the Swedish government to apply the Memorandum of Understanding (MoU) practically in line with the norms to maintain the peaceful and humanitarian approach in dealing with refugees that Sweden is well-known by. It also calls the Iraqi government to defend the concepts and norms that have been agreed with the Swedish government to maintain the Iraqi citizens’ rights being deported from Sweden claiming that they are not qualified to stay in the country, and to ensure their rights upon returning with dignity and peace. So our organization calls both parties of the agreement to return to the coordination and consultation, and to review the validity of implementation of the agreement in accordance with the agreed norms and maintaining them from the process of distortion through the policy of forced deportation contrary to the humanitarian essence, and working on how to serve the respect of human values, which the both
countries are seeking to be established.
Hammurabi Human Rights Organization
Baghdad on September 17, 2009