On 27 April 2024, the newly amended “Law on Combating Prostitution and Homosexuality” was passed in the Iraqi parliament, posing a severe threat to the rights of LGBTIQ persons in Iraq. The acting Iraqi parliamentary speaker, Mohsen Al-Mandalawi, said in a statement that the vote was “a necessary step to protect the value structure of society” and to “protect our children from calls for moral depravity and homosexuality.”
The new law imposes severe penalties, including a minimum of 10 years and a maximum of 15 years imprisonment for engaging in same-sex sexual relations. Moreover, the law mandates a sentence of at least seven years in prison for individuals found to “promote” homosexuality or prostitution, effectively stifling freedom of speech and expression and posing a direct threat to those advocating for LGBTIQ rights. The law also extends its reach to transgender and gender-diverse individuals, prescribing penalties ranging from one to three years in prison for individuals for “imitating women” which has been defined as “wearing makeup and women’s clothing” or “appearing as women” in public spaces. Further, attempts to undergo gender-affirming procedures, including hormone replacement therapy or sex-reassignment surgeries carries a punishment of one to three years in prison, not only for individuals but also for all medical practitioners who provide gender-affirming care.
“The law is in flagrant violation of the rights of LGBTIQ persons, including their rights to freedom of expression, association, privacy, equality, and non-discrimination,” said Ajita Banerjie, Senior Research and Policy Officer at ILGA Asia. “With the passing of this new law, violence against LGBTIQ persons is essentially being codified in law and an environment of impunity is being created. We call on the authorities to immediately withdraw this law and refrain from using harsh punitive measures against LGBTIQ persons.”
Violence and discrimination against LGBTIQ people is already rampant in Iraq, with evidence of violence against LGBTIQ people routinely met with impunity. Further, Iraqi politicians have increasingly resorted to anti-LGBTQ rhetoric, which further creates an environment of fear among members of the community. For instance, in September 2022, members of the Kurdistan regional parliament introduced the “Bill on the Prohibition of Promoting Homosexuality,” which would punish any individual or group that advocates for the rights of LGBT people. Further, in May 2023, a court in the Kurdistan region of Iraq ordered the closure of Rasan Organisation, a human rights organisation in the Kurdistan Region, over “its activities in the field of homosexuality.”
In July 2023, the Iraqi parliament had proposed draft laws allowing the authorities to arbitrarily prosecute anyone who makes public comments that violate “public morals” or “public order”. Further, the proposed laws sought to prosecute those posting online content that is deemed to undermine the vaguely defined “country’s supreme economic, political, military, or security interests” could face a sentence of up to life imprisonment and a fine of up to 50 million Iraqi Dinars (approx. 38,000 USD). In August 2023, the Iraqi Communications and Media Commission imposed a ban on using the term “homosexuality” across all traditional and social media platforms, mandating the use of “sexual deviance” instead. Directives like these have further escalated the systematic efforts to suppress and erase LGBTIQ identities from the public sphere.
Despite the growing hostility against the LGBTIQ community in Iraq, there has not previously been a law that explicitly criminalised same-sex sexual relations. With this amendment, Iraq has effectively codified discrimination and violence against members of the LGBTIQ community in law.
“The Iraqi government has once again failed to protect its most vulnerable citizens. Instead of protecting the LGBT+ community and giving them their rights and freedoms, they have chosen to punish them - pushing them further into marginalization,” said Ayaz Shalal, Executive Director of IraQueer.
ILGA Asia unequivocally condemns any law and any allied practices aimed at criminalising same-sex sexual relations or suppressing diverse gender expression. We call upon the Iraqi authorities to urgently withdraw this new law to protect LGBTIQ persons from facing violence, harassment and criminal sanctions. The Iraqi government must uphold its commitment to protect the human rights of every citizen, irrespective of their SOGIESC, and ensure that everyone is treated with dignity and respect.
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