Iraq passes controversial law criminalising same-sex relationships 

Iraq’s parliament approved legislation on Saturday (27th April) that makes same-sex relationships illegal, punishable by up to 15 years in prison. The government stated that this law is intended to protect religious principles, but it has been strongly criticized by human rights activists who see it as another assault on the LGBT community in Iraq.According to Reuters the law will “protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world.”

The law received strong support from conservative Shi’ite Muslim parties, which are the dominant force in Iraq’s predominantly Muslim parliament. Known as the Law on Combating Prostitution and Homosexuality, it imposes a prison term of 10 to 15 years for same-sex relationships and mandates a minimum seven-year sentence for anyone promoting homosexuality or prostitution.

The revisions prohibit organisations that advocate for homosexuality and penalise “wife swapping” with a prison term ranging from 10 to 15 years.The law also enforces a penalty of one to three years in prison for individuals who undergo a change in their “biological gender” or consciously dress in a manner considered effeminate. 

Lawmaker Raed al-Maliki said “The law serves as a preventive measure to protect society from such acts.He mentioned that the enactment of the new amendment was delayed until after Iraqi Prime Minister Mohamed Shia al-Sudani’s recent visit to the United States. He explained that both the United States and the European Union are against the law, and they wanted to avoid influencing the visit negatively and don’t want European interference in Iraqi internal matters.The bill originally included provisions for the death penalty for same-sex acts, but it underwent revisions before being passed, prompted by strong opposition from the United States and European nations.

Before Saturday, Iraq did not have specific laws explicitly criminalizing homosexual activities, although broad morality clauses in its penal code were often used to target LGBT individuals. Additionally, members of the LGBT community have faced violence and even death at the hands of armed groups and individuals.Rasha Younes, deputy director of the LGBT rights programme at Human Rights Watch gave a statement saying “The Iraqi parliament’s passage of the anti-LGBT law rubber-stamps Iraq’s appalling record of rights violations against LGBT people and is a serious blow to fundamental human rights.”

Officials responsible for human rights in Iraq were not available for immediate comment. Over the past year, prominent Iraqi political parties have intensified their condemnation of LGBT rights, with instances of rainbow flags being burned during protests by conservative Shi’ite Muslim factions, both from the ruling and opposition camps. 

Razaw Salihy Iraq’s researcher in the Amnesty International’s said “Iraq has effectively codified in law the discrimination and violence members of the LGBTI community have been subjected to with absolute impunity for years,the  amendments concerning LGBTI rights are a violation of fundamental human rights and put at risk Iraqis whose lives are already hounded daily.” Sarah Sanbar, Human Rights Watch’s Iraq researcher said “Rather than focusing on enacting laws that would benefit Iraqis,like passing the draft domestic violence law or draft child protection law, Iraq is choosing to codify discrimination against LGBT people.”

On Saturday, spokesperson Matt Miller from the US State Department expressed serious concern about the legislation, stating that it endangers the most vulnerable individuals in Iraqi society and undermines the government’s initiatives for political and economic reform.

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