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Iraq - People

In October 2022 Shia cleric Muqtada al-Sadr, leader of the Sadrist Trend political and religious movement that won a plurality of seats in the 2021 parliamentary election. released a statement that asserted the global legalization of same-sex marriage was to blame for global COVID pandemics, climate change, and the Russia-Ukraine war, adding that the hosting of the International Federation of Association Football Men’s World Cup in Qatar could mark the beginning of the Arab world being “infected by the same plague.”

The statement added: “Believing men and believing women must unite in the whole world in order to combat the “LGBT community”, not with violence, killing and threats, but with education and awareness, with logic and ethical methods, and the like, and through their actions, words, publications, articles, councils or tweets. Or in their homes, schools, departments, institutions, families, among their friends, clans, communities, countries, regions, villages, countryside, channels, and sites, and by showing their dissatisfaction with their actions and laws in a manner that is morally appropriate, their orbits, and their treatment medically and psychologically in an organized and unified manner so that they cannot spread vice, immorality, loss of morals and humanity, and loss of permissible reproduction."

And he continued: “May their opposition be a reason not to generalize the divine calamity that awaits all of humanity due to the legalization of immorality and the challenge of heaven through homosexuality, so we draw your attention and interaction with the voice of truth and that you do not fail to do so while pledging not to use violence at all unless it is legalized in our countries and societies.”

On 02 December 2022, Sadr called for collecting one million signatures “in support of the fight against the LGBTQ community,” so that “it does not spread vice.” On December 3, Sadr launched an “anti-LGBTQ campaign” in Baghdad’s Sadr City, saying, “Faithful men and women around the world should unite in order to combat the LGBTQ community, not with violence, nor with murder and threats, but with education, awareness, logic and high moral standards.” Sadr’s call resulted in more than 134,000 tweets in 36 hours, most of which were supportive of Sadr’s position.

Following Sadr’s December 2 proclamation, member of parliament Soran Omar Saeed introduced draft legislation endorsed by more than 25 members of parliament to ban “LGBTQ propaganda.” COR Speaker Mohammed al-Halbusi stated subsequently in a televised interview he would not submit the draft law for a vote in COR, noting existing laws sufficiently criminalized homosexual behavior.

The penal code criminalizes consensual same-sex sexual conduct if those engaging in the conduct are younger than 18. NGOs IraQueer and OutRight reported the penal code criminalized extramarital relations and did not permit same-sex marriage, effectively prohibiting all same-sex relations. Adults convicted of having consensual extramarital sex, including sodomy (defined under the law as anal sex between two men), with another adult may be sentenced to up to seven years in prison, but convictions were rare due to the high evidentiary standard (they must be caught in the act) and societal norms of keeping quiet concerning such matters.

Further, the law prohibits any “immodest act” in public and provides for imprisonment up to six months for conviction of “any person who threatens others by doing things that damage the public honor.” IraqQueer and Outright reported this statute may be used against LGBTQI+ persons, or may be interpreted by the public as criminalizing LGBTQI+ persons, because the meanings of “immodest act” and “public honor” are not clear.

Despite repeated threats, violence, and killings of LGBTQI+ individuals, the government failed to identify, arrest, or prosecute attackers or to protect targeted individuals. Some political parties sought to justify these attacks, and investigators often refused to follow proper investigation procedures, or even investigate at all. LGBTQI+ individuals reported they could not live openly without fear of violence at the hands of family members, acquaintances, or strangers.

In March 2022 HRW reported widespread acts of violence – including abduction, rape, torture, killings, and attempted homicide – perpetrated by state actors and quasi-state actors against LGBTQI+ individuals due to their gender expression and presumed sexual orientation. The report, based upon 54 interviews, documented eight abductions, eight attempted killings, four extrajudicial killings, 27 cases of sexual violence (including gang rape), 45 cases in which rape or killing was threatened, and 42 cases of online targeting of LGBTQI+ persons between 2018 and 2021. The report concluded the government failed to hold accountable members of various armed groups, including the PMF, accused of perpetrating these crimes.

The report identified six militia organizations suspected to be implicated in abuses against LGBTQI+ persons, including four under PMF command (Asai’ib ahl al-Haqq, Badr Organization, Kata’ib Hezbollah, and Saraya al-Salam) and one under the Ministry of Defense (Atabat Mobilization). The report stated the pervasive nature of abuses against LGBTQI+ persons, beginning with the family and stretching into every aspect of their lives, renders any “suspicion” of homosexuality or gender variance a potential inspiration for violence, which not only can result in the death of LGBTQI+ persons but makes their lives nearly unlivable. HRW reported LGBTQI+ persons “live in constant fear of being hunted down and killed by armed groups with impunity, as well as arrest and violence by Iraqi police,” adding, the government “has done nothing to stop the violence or hold the abusers accountable.”

In January 2022 a transgender woman, Doski Azad, was killed in the city of Duhok in the IKR, in what media described as a so-called “honor” killing. Yeksani, an LGBTQI+ media advocacy organization, started a twitter hashtag campaign (#JusticeForDoskiAzad) that morphed into an online petition demanding action and transparency from the KRG on the case. Media reported her brother traveled from his residence in Germany, shot her twice, killing her, and then fled back to Germany. Police stated they opened an investigation into the killing and issued an arrest warrant for the suspect, but there was no update on the case at the end of the year. LGBTQI+ NGOs described the killing as part of a rise of discrimination, hate crimes, and so-called “honor” killings against the LGBTQI+ community in the IKR.

According to NGOs, persons in the country who experienced severe discrimination, torture, physical injury, and the threat of death based on real or perceived sexual orientation, gender identity and expression, and sex characteristics had no recourse to challenge those actions via courts or government institutions. Women’s rights NGOs in the IKR reported pressure from the KRG Directorate of NGOs during the license renewal process to certify that they do not work on LGBTQI+ matters. During the year IKR NGO Rasan ceased activity due to lack of registration having faced three lawsuits, including one brought by Sulaymaniyah officials of the KRG Directorate of NGOs in 2021. The lawsuit alleged Rasan violated the terms of its bylaws and registration (to work on GBV and women’s matters) by providing services to and advocacy for LGBTQI+ individuals. A decision remained pending as of year’s end. There are no legal protections for sexual orientation or gender identity or expression.

IraQueer reported it was impossible for transgender persons to obtain gender affirmation surgery or hormone replacement therapy legally. Transgender persons, including those accessing surgery or hormonal treatment outside the country, faced barriers in obtaining legal documents that reflect their gender identity. Inability to obtain identification documents that match their gender identity and expression puts transgender persons at risk of violence, prevents their access to crucial services, and may intensify mental health challenges.

HRW reported 40 of 54 individuals it interviewed for its 2022 report were subjected to extreme violence from family members due to their sexual orientation or gender identity and expression. Interviewees reported that in addition to being locked up for extended periods, interviewees were denied food and water, burned, beaten, raped, subjected to electric shocks, and attacked at gunpoint, and several were subjected to conversion practices, including involuntary hormone therapy, institutionalization, psychotherapy, and forced marriage.

HRW reported activists were forced to remove LGBTQI+ related content from their websites and social media. While criminal cases were opened against the organizations, no one was arrested and no charges were brought as of year’s end. HRW assessed several articles of the penal code could be used to restrict LGBTQI+ individuals and organizations’ freedom of expression, association, and assembly. For example, the penal code prescribes imprisonment of up to seven years for conviction of promoting any “movement” that seeks to “change the fundamental principles of the constitution or the basic laws of society.”

HRW reported the penal code’s prohibition on disseminating any information or idea that among other things, “disturbs the public peace,” could be used to target LGBTQI+ activists or any individuals who demonstrate in support of LGBTQI+ rights or publicly use LGBTQI+ slogans. The penal code calls for up to two years’ imprisonment for conviction of producing, distributing, importing, publishing, displaying, obtaining, or translating books, other written material, or media that violates public integrity or decency. Conviction of singing or broadcasting obscene or indecent songs or statements in a public place is punishable by up to one year in prison.

The government generally cooperated with UNHCR, the International Organization for Migration (IOM), and other humanitarian organizations in providing protection and assistance to refugees, returning refugees or asylum seekers, as well as other persons of concern. The system lacked procedural safeguards, including no effective right of appeal, and access was largely nationality-based with gaps for highly vulnerable groups including lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) and certain minorities and nationalities.

The Iraqi government ordered media companies to stop using the word ‘homosexuality’ and replace it with ‘sexual deviance’. With US influence in Iraq receding, traditional Islamic values were making a resurgence. The National Communications and Media Commission of Iraq (NCMC) said on 09 August 2023 that it “directs media organizations... not to use the term ‘homosexuality’ and to use the correct term ‘sexual deviance’,”. The directive applies to news and entertainment media, as well as to internet and phone companies, which must ensure that their apps comply. The word ‘gender’ is also forbidden under the order.

A government spokesman said that a penalty for breaking the law has not yet been set, but may include a fine. Iraq’s 1969 penal code did not explicitly criminalize homosexuality, but offered no protections from extrajudicial harassment to gays and lesbians. An update to the law in the 1980s legalized the ‘honor killing’ of homosexuals by their family members, while a 1993 amendment to the constitution introduced the death penalty for homosexual acts.

After the US invaded Iraq in 2003, occupation governor Paul Brenner abolished the death penalty and rolled the country’s penal code back to its 1969 iteration. While no new anti-gay laws have been passed since, Western media outlets reported an uptick in attacks on homosexuals by police and militias after the partial withdrawal of American forces in 2012, despite the US State Department claiming in 2019 that it trained Iraqi security forces “on the proper observance of human rights.” The NCMC that issued the directive was set up by the US occupation government in 2004.

In the summer of 2023, protesters in Baghdad burned rainbow-colored ‘Pride’ flags in response to a spate of Quran burnings in Sweden and Denmark.