The Iraqi parliament prepares draft law targeting the LGBTQ+ community

The Iraqi Parliament is currently debating a proposed law that could introduce severe penalties, including death or imprisonment, for individuals identified as LGBTQ+. 

This has raised significant concerns among human rights organizations and activists who fear the potential enactment of legislation enabling "impunity" for violence against the LGBTQ+ community.

In neighboring Iran, homosexuality is considered a "deviation" punishable by death. However, Iraq does not currently have any specific laws pertaining to LGBTQ+ individuals. 

Nonetheless, judges have relied on a 1969 law to convict LGBTQ+ individuals based on charges of engaging in same-sex relations, which can result in "life imprisonment or several years."

Traditional and conservative elements within Iraqi society hold a negative view of LGBTQ+ individuals.

A report by "Human Rights Watch," published in 2022, highlighted that LGBTQ+ individuals, gender non-conforming individuals, and those with non-binary gender identities have been frequent targets of "abduction, rape, torture, and killing" by armed groups that often go "unpunished."

Members of the Iraqi parliament, representing a relative majority, have introduced amendments to the 1988 Anti-Prostitution Law. The proposed legislation, which underwent its first reading last week, introduces "death penalty or life imprisonment" for anyone engaging in same-sex relations.

Additionally, the law would penalize those who "promote homosexuality" with imprisonment for a minimum of "seven years."

Saud Al-Saadi, head of the parliamentary "Rights" bloc and a political representative of Iran-affiliated Hezbollah, stated that the law is "still under discussion, debate, and exchange of opinions." He clarified that the amendment aims to "cover any gaps and address any issues."

Saadi added that there are ongoing discussions regarding the final wording of the law, including the introduction of new terms such as "gender" and "gender identity." Further readings of the draft law are anticipated, but a final completion date has not been set.

Sherif Sleiman, a member of the Democratic Party of Kurdistan, voiced support for the law, emphasizing the need to reinforce "moral and humanitarian values" within society and combat "deviant phenomena." He affirmed the necessity of having "deterrent laws" in this regard.

Iraq is not the first country seeking to tighten measures against the LGBTQ+ community. Uganda faced international criticism, leading the World Bank to freeze loans, after President Yoweri Museveni approved a law against homosexuality in May.

Rasha Younes, an expert on LGBTQ+ and gender rights at "Human Rights Watch," believes that the Iraqi government is primarily seeking to divert attention from its lack of accomplishments. She noted that this new legislation is the culmination of a series of attacks against the LGBTQ+ community.

Meanwhile, the Iraqi government's "Media and Communications Commission," responsible for overseeing media in the country, is reportedly considering preventing media outlets from using the term "homosexuality" in reference to "sexual deviance." 

This censorship move is part of broader efforts to restrict discussions about LGBTQ+ issues in the media. The use of the term "gender" may also be banned if this measure is implemented.

In recent months, anti-LGBTQ+ rhetoric in Iraq has intensified. Influential Shiite cleric Muqtada al-Sadr, leader of the non-represented Sadr movement in the current government, urged "all believers worldwide" to counter the LGBTQ+ community without resorting to violence or threats but through "education and awareness."

During a demonstration by supporters of the Sadr movement a few weeks ago, in response to the burning of a Quran in Sweden, some protestors burned rainbow flags—a symbol of LGBTQ+ rights. 

Al-Sadr considered this act "the best way to provoke" those who support or defend Quran burning.

Amidst these circumstances, Abdullah, a 33-year-old Iraqi, realized he had to leave Iraq. He moved from Baghdad to Turkey during a period of demonstrations near the Swedish embassy in the capital. 

He expressed concern that he lacks protection from authorities, saying, "If someone discovers that I'm gay and has an issue with me, they could send my name or photo to armed groups, and my life would be over."



AFP