On Saturday, Iraq passed a new law in the nation that makes ‘homosexual‘ relationship in the country a punishable offense and the offender could face 15 years in prison if he commits the crime. The bill requested a change to the law of the anti-prostitution law in the nation as the law will now conduct actions such as ‘promoting homosexuality‘.
The law also states that if any person makes ‘biological changes based on her desires and wishes‘ it will become a criminal offense as the law states to ‘protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world.’
Iraqi Authorities on This Law
On Saturday, the law was got a vote of 179 out of 329 authorities who voted in favour of the law. Raad al-Maliki the independent Iraqi politician who stated that ‘people involved in same-sex relations should be awarded capital punishment.’
While Mohsen Al-Mandalawi, Iraq’s acting parliamentary representative who voted in favour of the law stated that the ‘new legislation is aimed at “protecting the moral fabric” of society.’
He further stated that ‘There is no place for homosexuality in Iraq, the land of prophets, pure imams, and righteous saints.’
Nouri al-Maliki, the former Prime Minister of Iraq who submitted the bill to the paliament stated that ‘the law serves as a preventive measure to protect society from such acts.’
He also stated that ‘the passing of the new amendment was postponed until and after the Iraqi Prime Minister, Mohammed Shia al-Sudani’s visit to the United States which took place earlier this month.’
LGBTQ community on this Law
It is important to note that homosexuality was always considered unacceptable in Iraq’s modern society as well as in some other Middle-East countries. Previously, there was no legislation or law which stated to punish those individuals who are involved in same-sex relationships.
But also this does not mean, that the LGBTQIA+ community did not experience any form of horrors or atrocities in the nation. They were often charged with sexual misconduct under the vague morality and the anti-prostitution laws in Iraq’s penal code.
Razaw Salihy, Amnesty International’s Iraq researcher stated that ‘Iraq has effectively codified in law the discrimination and violence members of the LGBTQ community have been subjected to with absolute impunity for years.’
Sahihy further stated that ‘The amendments concerning LGBTQ rights are a violation of fundamental human rights and put at risk Iraqis whose lives are already hounded daily.’
Raza Younes, Deputy director of the LGBTQ rights programme at Human Rights Watch stated that ‘deputy director of the LGBTQ rights programme at Human Rights Watch.’
The new law also bans organizations which promote ‘homosexuality’ or ‘same sex marriage’ and also the case of ‘wife swapping’ which a criminal offence according to the new law and it could lead the offenders to at least 10 to 15 years in prison.
US Authorities Criticises Iraq
Shortly after the law was passed, the US authorities criticised the Iraqi Council Of Representatives for taking up such a harsh decision.
The US State Department stated that ‘The United States is deeply concerned by the Iraqi Council of Representatives’ passage of an amendment to existing legislation, officially called the Anti-Prostitution and Homosexuality Law, which threatens constitutionally protected human rights and fundamental freedoms.’
We are deeply concerned by the passage of an amendment to existing anti-prostitution and homosexuality legislation in Iraq. This amendment threatens those most at risk in Iraqi society and weakens Iraq’s ability to diversify its economy and attract foreign investment.
— Matthew Miller (@StateDeptSpox) April 27, 2024
The statement further stated that ‘The law bans same-sex relations with steep fines and imprisonment and punishes those who ‘promote homosexuality.’ Limiting the rights of certain individuals in a society undermines the rights of all.’
LGBTQ+ Iraqis have previously faced and often targeted with ‘kidnappings, rapes, torture and murders‘ which went totally unnoticed by the Iraqi officials and the authorities.
A LBGTQ representative stated that ‘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.’