Why Iraq Must Abandon the Discriminatory Anti-LGBT Bill

Iraq: Scrap Anti-LGBT Bill Death Penalty for Same-Sex Conduct; Imprisonment for Transgender Expression

Introduction

The Iraqi government is currently considering a proposed law that would impose the death penalty for same-sex conduct and imprisonment for transgender expression. Human Rights Watch has called for the immediate withdrawal of the bill, stating that it would violate fundamental human rights, including freedom of expression, association, privacy, equality, and nondiscrimination for the LGBTQ+ community. The bill, introduced by Raad Al-Maliki, would amend the “Law on Combatting Prostitution” to criminalize same-sex relations and transgender expression. If passed, the bill would punish same-sex relations with the death penalty or life imprisonment, “promoting homosexuality” with a minimum seven-year prison sentence, and “imitating women” with up to three years in prison.

The Threat to LGBT Rights

The introduction of this anti-LGBT bill is deeply concerning, as it would further marginalize and endanger the LGBTQ+ community in Iraq, which already faces high levels of violence and discrimination. While consensual same-sex conduct is not explicitly criminalized in the country, vague “morality” laws have been used to prosecute LGBTQ+ individuals. This bill not only aims to criminalize same-sex relations but also explicitly targets transgender women, prohibiting hormone replacement therapy, attempts to change one’s gender identity, and gender-affirming surgery. It also imposes prison sentences on surgeons or doctors who perform gender-affirming procedures.

The proposed law reflects a broader atmosphere of hostility towards sexual and gender minorities in Iraq. The government has engaged in crackdowns on human rights groups, issued directives to censor media language on homosexuality, and ordered the closure of organizations advocating for LGBTQ+ rights. These actions contribute to a culture of impunity that enables violence against LGBTQ+ people by both state and non-state actors.

International Obligations and Human Rights

Human Rights Watch highlights that the proposed law directly contravenes Iraq‘s Constitution and its obligations under international human rights law. Iraq ratified the International Covenant on Civil and Political Rights (ICCPR) in 1971, affirming the rights to life, liberty, privacy, free expression, and security of the person. The Arab Charter on Human Rights, of which Iraq is a member, also affirms these rights. Discrimination and unequal protection against violence are prohibited under international law, and the ICCPR provides for equal protection of the law without discrimination. The United Nations Human Rights Committee has stated that sexual orientation is a protected status against discrimination.

Furthermore, the proposed law conflicts with Iraq‘s constitutional commitment to nondiscrimination and privacy. Article 14 of Iraq‘s Constitution explicitly protects the rights to nondiscrimination, while Article 17 guarantees the right to privacy. The anti-LGBT bill undermines these constitutional guarantees and exacerbates an already unequal and hostile environment for LGBTQ+ individuals in the country.

The Call for Action

Human Rights Watch has strongly urged the Iraqi government to abandon the proposed anti-LGBT law and take immediate steps to protect the rights of all Iraqis, including the LGBTQ+ community. Rather than promoting legislation fueled by discriminatory beliefs, the government should focus on creating an environment that respects and protects the rights and dignity of every individual, regardless of their sexual orientation or gender identity.

The international community also has a role to play in condemning this proposed law and supporting human rights defenders in Iraq. Diplomatic pressure and engagement can be effective tools to advocate for the rights of marginalized communities. Governments and organizations should use all available means to condemn the proposed law, raise awareness about the systematic discrimination faced by LGBTQ+ individuals in Iraq, and provide support to organizations advocating for their rights on the ground.

Conclusion

The proposed anti-LGBT bill in Iraq represents a clear violation of human rights and a threat to the safety and wellbeing of LGBTQ+ individuals. It is imperative for the Iraqi government to withdraw the bill and demonstrate a genuine commitment to protecting the rights of all its citizens. Upholding human rights, including the rights of sexual and gender minorities, is a crucial step towards building a more inclusive and equitable society. The international community must stand in solidarity with the LGBTQ+ community in Iraq and work collectively to ensure their rights are respected and protected.