Iraq enforces strict penalties for LGBTQ individuals
Recent laws in Iraq criminalize activities such as advocating for LGBTQ rights and undergoing gender reassignment procedures for personal reasons, with penalties of up to 15 years in prison.
Iraq recently implemented a new law that punishes same-sex relationships with a maximum of 15 years in prison. This action has been criticized by rights activists as another form of discrimination against the LGBTQ community in the country.
Over the weekend, the Iraqi parliament approved a bill that modifies a law from 1988 targeting prostitution. The updated law now includes penalties for activities such as "promoting homosexuality," which could lead to up to seven years in prison, as well as "biological sex changes done based on personal preferences and inclinations."
Transgender individuals and doctors performing gender reassignment surgery could face up to three years in prison under the new law. However, the law does not apply to cases where medical intervention is needed to "treat birth defects to affirm the sex of the individual" as ordered by a court.
The penalties outlined in the law are not as severe as what Raad al-Maliki, an independent Iraqi lawmaker, had originally proposed. In August 2023, he had pushed for life imprisonment and even the death penalty for same-sex relations.
The majority of the 170 lawmakers present at the parliamentary session on Saturday, out of a total of 329, supported the bill with the reduced sentences.
According to Mohsen Al-Mandalawi, the acting parliamentary speaker, the new legislation is intended to "protect the moral fabric" of society.
“There is no place for homosexuality in Iraq, the land of prophets, pure imams, and righteous saints,” Al-Mandalawi said in a statement on Saturday.
‘I’d rather die’ than stay in Iraq
Samar, a member of Baghdad’s LGBTQ community, expressed her view that the legislation was unjust and reflected a growing trend of homophobia in the country.
For safety reasons, Samar, who prefers to use only her first name, shared with CNN about the discrimination and violence faced by her and her friends because of their sexual orientation. She mentioned a friend from Al-Diwaniah who was poisoned by her own family upon discovering she was a lesbian.
Many members of the LGBTQ community, like herself, are feeling the urge to flee the country, she mentioned.
"I have been running my own business for a while now, saving up money to escape from Iraq, whether through legal means or not. The stress has become unbearable, pushing me to a point of hopelessness. I would rather risk illegal migration and face death on the journey than remain in Iraq," Samar shared.
Samar mentioned that the bill's vote was postponed to take place after a recent meeting between Iraqi Prime Minister Mohammed Shia al-Sudani and US President Joe Biden.
She urged the US and other nations to use diplomatic means to persuade the Iraqi government to cancel the law.
Screenshot of Noor Alsaffar's Titktok video, posted July 2020.
Screenshot of Noor Alsaffar's Titktok video, posted July 2020.
From Noor Alsaffar/TikTok
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A well-known TikToker from Iraq was tragically shot and killed in Baghdad during a time when the LGBTQ community is facing increased scrutiny.
The TikToker expressed a plea for support from the LGBTQ community in Iraq and urged embassies, especially those from countries that prioritize human rights, to take action against the oppressive laws and prevent further harm from occurring.
Matthew Miller, a spokesperson for the US Department of State, is very worried about the new legislation. He thinks that it could limit free speech and expression, make it harder for NGOs to work, and make Iraq less attractive to foreign investors by not supporting human rights and economic diversity.
Miller also mentioned that international business groups are concerned about how these new laws could hurt Iraq's economy.
Respect for human rights and political and economic inclusion are crucial for Iraq's security, stability, and prosperity. This legislation goes against these values and hinders the government's efforts towards political and economic reform, as stated by Miller on Saturday.
Sarah Sanbar, a researcher for Human Rights Watch in Iraq, strongly criticized the new law as a terrible setback and a violation of human rights.
Iraq is prioritizing codifying discrimination against LGBT people instead of passing laws that would benefit Iraqis, such as the draft domestic violence law or draft child protection law. A tweet highlighted this concerning decision.
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