The draconian bill was passed with a 170 out of 329 majority
Image Source: DW
Iraq on 27 April passed a bill which criminalises same-sex relations with punishment of 15 years of imprisonment. This bill was passed by 170 out of 329 lawmakers in the Iraqi parliament. The law has been greatly supported by the conservative Shi’ite Muslim parties who form the largest coalition in the Iraqi parliament. It is an amendment to a 1988 law against prostitution. This new Iraqi law also prohibits prostitution, gender reassignment surgery and promotion of homosexuality by any organisations or individuals.
Transgender individuals and doctors who perform a biological sex change surgery can face up to 3 years in prison. The law also includes the surgeries needed after birth to affirm the sex of the baby.The new law also bans “wife swapping”, awarding 10 to 15 years of prison for the same.
The previous proposal
The previous draft of the bill was more severe, which was proposed by Raad al-Maliki, the independent Iraqi lawmaker. According to the previous draft, individuals involved in homosexual relations were to be awarded capital punishment. Maliki who advanced the bill to the parliament stated that, “the law serves as a preventive measure to protect society from such acts”.
After strong opposition from the US and the EU countries, this bill was amended. The passing of the new amendment was postponed until and after the Iraqi Prime Minister’s visit to the United States earlier this month, to avoid any conflicts and interference in Iraq’s internal affairs.
LGBTQ+ been a target in Iraq
In Iraq’s conservative society, homosexuality is considered a sensitive topic, but there was no specific law in the past that directly punished same-sex relationships.
According to Al-Mandalawi, “There is no place for homosexuality in Iraq, the land of prophets, pure imams, and righteous saints”. The LGBTQ+ community have been facing severe discrimination in Iraq, with the community’s individuals often being murdered, raped and kidnapped which went unpunished, according to a 2022 report by Human Rights Watch. LGBTQ+ rainbow flags have frequently been burnt. In the past, LGBTQ individuals in Iraq have faced legal consequences for engaging in same-sex relationships or activities that are considered morally ambiguous or related to prostitution according to Iraq’s penal code.
Image Source: News18
Iraqi politicians and people on social media are using more and more anti-LGBTQ language, which is making the LGBTQ community even more threatened.
After the new legislation was passed, the US condemned the Iraqi Parliament’s atrocious decision.
The US State Department said that The United States is really troubled by the recent amendment to the law in Iraq. This amendment, officially known as the Anti-Prostitution and Homosexuality Law, raises serious concerns about the protection of human rights and fundamental freedoms that are guaranteed by the constitution. It is important to uphold and safeguard these rights for all individuals, regardless of their sexual orientation or occupation. The US strongly believes in the importance of respecting and promoting human rights globally.
The legislation mentioned not only has social implications but also economic consequences for Iraq. By enacting discriminatory laws, Iraq’s ability to diversify its economy and attract foreign investment becomes weakened. International business coalitions have expressed concerns about this discrimination, as it can negatively impact business operations and hinder economic growth in the country. It’s important for Iraq to consider the potential ramifications and strive for inclusivity to foster a thriving economy.
