LGBT Rights in the Middle East: A Setback in Kurdistan Region of Iraq

LGBT Rights Group Shuttered in Kurdistan Region of Iraq

Background

In a troubling development for the promotion of LGBT rights in the Kurdistan Region of Iraq (KRI), a court ordered the closure of Rasan Organization on May 31, 2023. Rasan is the sole human rights organization in the region that vocally advocates for the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals. This closure not only represents an assault on civil society but also poses a direct threat to the vulnerable populations that Rasan supports. Human Rights Watch has condemned the decision, highlighting the lack of respect for freedom of association and the endangerment of those who rely on Rasan’s assistance.

The Logo Controversy

Tanya Kamal Darwish, the CEO of Rasan Organization, stated that the closure was not due to the organization’s activities but rather because of their logo, which features rainbow colors. The court order claimed that the logo was an expression of Rasan’s supposed involvement in promoting homosexuality. Rasan has appealed the decision, but until the appeal is resolved, they are unable to continue their operations.

Targeting of LGBT Activists

The closure of Rasan is part of a broader pattern of oppression and targeting of LGBT individuals and activists by local Kurdish authorities in recent years. Human Rights Watch has previously documented online targeting of LGBT people as well as violence against them by armed groups in Iraq, including the regional government. The closure of Rasan serves as a stark reminder of the ongoing challenges faced by the LGBT community in the region.

The Lawsuit and Backlash

The closure of Rasan is the result of a lawsuit filed in February 2021 by Omar Kolbi, a member of the Kurdistan Parliament, accusing Rasan of promoting homosexuality and engaging in activities that defy social norms, traditions, and public morality. Kolbi also lodged a complaint against Rasan with the head of the Kurdistan Regional Government’s Department of Non-Governmental Organizations.

Following the lawsuit, local police issued arrest warrants for 11 LGBT rights activists who were associated with Rasan. They were charged under article 401 of the penal code, which criminalizes “public indecency.” The Department of Non-Governmental Organizations, tasked with registering and monitoring NGOs in the region, has been accused of supporting Kolbi’s complaint rather than defending the work of Rasan.

Rasan’s Work and Persecution

Rasan Organization, which has operated in the city of Sulaimaniya for nearly two decades, provides vital support to women and LGBT individuals, including legal aid, psychological assistance, and social support. The organization also raises awareness about LGBT and women’s rights and collects data related to gender-based violence and the experiences of LGBT people. However, Rasan has faced increasing threats and official retaliation for their activism and advocacy.

The Threat of Legislative Backlash

In September 2022, members of the Kurdistan Regional Parliament introduced a bill titled “Prohibition of Promoting Homosexuality.” This bill aims to impose punishments on individuals and groups advocating for LGBT rights. Under the proposed legislation, promoting homosexuality could result in imprisonment for up to one year and fines of up to five million dinars (approximately US$3,430). Additionally, media companies and civil society organizations that “promote homosexuality” could face license suspensions of up to one month. Although the bill’s momentum has stalled, LGBT rights activists are concerned that it could be resurrected and quickly passed at the discretion of local authorities.

Conclusion and Call to Action

The closure of Rasan represents a severe setback for LGBT rights and civil society in the Kurdistan Region of Iraq. By targeting an organization that works to protect vulnerable members of society, authorities are sending a chilling message that individuals who advocate for human rights may face reprisals. Human Rights Watch has called on the Kurdistan Regional Government to take immediate measures to ensure that organizations like Rasan can operate freely, while also ceasing the harassment and targeting of LGBT advocates.

The international community should also unite in condemning the closure of Rasan and supporting the efforts of organizations working to uphold human rights in the region. Governments and human rights organizations must pressure the authorities to reverse this decision and protect the rights of LGBT individuals in the Kurdistan Region of Iraq.

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Note: The information provided in this report is solely intended for educational and informational purposes and does not constitute legal or professional advice.

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