The Iraqi Parliament passed a law on Saturday, April 27, criminalizing homosexual relationships and gender transitions, with penalties of up to fifteen years in prison, after an initial draft that included the death penalty. Amnesty International criticized the amendments as a violation of fundamental human rights, stating that they put Iraqis who are already harassed on a daily basis at risk, in a conservative country where sexual minorities live in secrecy. The amendments were made to an anti-prostitution law from 1988 and were passed during a session attended by 170 out of 329 members of parliament.
The new provisions specify prison terms of ten to fifteen years for homosexual relationships, as well as for swapping partners involving wives. The law also prohibits any organization promoting homosexuality in Iraq, with a possible seven-year prison sentence. Gender reassignment based on individual desires or inclinations is prohibited, with penalties of one to three years in prison for anyone involved in the transition, including doctors. A similar sentence is planned for men whose behavior is deemed effeminate. The Iraqi society strongly rejects homosexuality, and the LGBT+ community is often targeted with abductions, rapes, torture, and murders by armed groups enjoying impunity.
Human Rights Watch noted in a 2022 report that Iraq has effectively codified discrimination and violence against LGBT+ individuals that have been going on for years with impunity. The country previously used the penal code of 1969 to prosecute LGBT+ individuals, relying on an article that prescribed life imprisonment or several years of incarceration for sodomy. The vote on the new law was delayed prior to a visit to Washington by Prime Minister Mohammed Chia Al-Soudani to avoid international backlash.
The lawmaker responsible for the amendments, Raëd Al-Maliki, admitted that the vote was postponed to avoid impacting the visit to Washington. He acknowledged the American and European opposition to the law but defended it as an internal matter, rejecting external interference. Al-Maliki stated that the Iraqi society rejects homosexuality, and the law was a preventive measure to protect the society from what he views as harmful foreign cultures. The US State Department expressed deep concern over the legislation, stating that it undermines the efforts of the Iraqi government in economic and political reform.
The legislation sparked controversy, with Amnesty International and other human rights organizations condemning it as a violation of fundamental human rights. The law targets vulnerable individuals in Iraqi society, particularly members of the LGBT+ community, and could have severe consequences for those facing persecution. The international community, including the US government, has expressed strong disapproval of the law and its potential impact on the human rights situation in Iraq. The situation highlights the challenges faced by sexual minorities in conservative societies and the importance of protecting their rights and dignity.
