Iraq Outlaws Same-Sex Relations, Punishable by Up to 15 Years in Jail

The Iraqi parliament recently approved amendments to a 1988 anti-prostitution law, which has serious implications for the LGBTQ community in Iraq. These amendments introduce harsh penalties for individuals engaging in same-sex relations or behaving in ways that do not conform to traditional gender norms. Specifically, transgender individuals can be sentenced to up to three years in prison, while those promoting or engaging in same-sex relations face even longer prison terms, ranging from 10 to 15 years. The amendments also criminalize gender-affirming surgery, punishing both transgender individuals and the doctors who perform these surgeries with up to three years in prison.

These changes effectively institutionalize the discrimination and violence that the LGBTQ community has faced for years in Iraq, according to Amnesty International. The new law also targets organizations that advocate for LGBTQ rights and harshly penalizes “wife swapping” with prison sentences of 10 to 15 years. The United States and the European Union have expressed opposition to the law, citing concerns about its impact on vulnerable populations and its potential to undermine Iraq’s political and economic reform efforts. The US State Department emphasized the threats posed by the legislation to at-risk individuals in Iraqi society.

The situation for LGBTQ Iraqis is dire, as they face kidnappings, torture, and murders that often go unpunished. The Human Rights Watch and IraQueer report from 2022 highlighted the heightened fear and danger that members of the community now experience due to the escalating anti-LGBTQ rhetoric from Iraqi politicians and social media users. While Iraq’s lawmakers prioritize the passage of discriminatory laws, human rights advocates are urging the country to focus on legislation that would benefit all Iraqis, such as enacting laws to address domestic violence and protect children. The Human Rights Watch’s Iraq researcher described the amendments as a grave violation of human rights, emphasizing the urgent need to protect the rights and well-being of all individuals in Iraq.