On Monday, Human Rights Watch (HRW) urged the Iraqi government to overturn legislation enacted which bans same-sex conduct and transgender expressions. HRW argues that this new law infringes upon core human rights, including freedom of speech, equality, and non-discrimination.
The contentious legislation, which serves as an amendment to the existing Iraqi “Law on Combatting Prostitution”, was first passed on April 27, 2024. The law penalises same-sex relationships and gender-confirming medical interventions, “propagation of homosexuality”, and impersonation of women by men, all leading to long prison terms. Previous drafts of similar laws have been proposed, yet this iteration presents the most stringent provisions. Numerous non-governmental organizations and national representatives have voiced strong opposition against the law.
HRW appeals to Iraq to cease its violation of LGBT rights and to shelve this law that bears witness to the observed animosity toward the LGBT community through local laws and harmful discourse. Speaking on the matter, Rasha Younes, interim LGBT rights director at HRW, described how passage of this anti-LGBT legislation seals an appalling record of rights infractions against LGBT individuals by the Iraqi government, dealing a severe blow to fundamental human rights.
Under the International Covenant on Civil and Political Rights, all individuals, regardless of status, have a guaranteed right to equal protection under the law, free from any form of prejudice. The United Nations Human Rights Committee has asserted that sexual orientation is a status that should not face discrimination under the covenant. This is furthermore affirmed by the Arab Charter on Human Rights of which Iraq is a member.
In recent years, criticism of LGBT rights in Iraq has escalated, particularly from political entities associated with armed factions. A case in point is from August 2023, when the Iraqi Communications and Media Commission (CMC) demanded that media broadcasts replace the use of the term “homosexuality” with “sexual deviance”.