Iraq’s Parliament passes law to send gay men to prison for up to 15 years

The Iraqi Parliament has passed a law punishing homosexuals with 10 to 15 years in prison; transgender, gender-nonconforming people with one to three years in prison; and anyone who “promotes” homosexuality with seven years. The law has been criticized by the U.S. State Department and LGBTQ+ advocacy groups.

Parliament passed the “Law on Combating Prostitution and Homosexuality,” an amendation of a 1988 anti-sex work law, on April 27, with 170 out of 329 members of Parliament supporting the law. Most supporters were from highly conservative Shia Muslim parties, The Star Observer reported. An earlier version punished homosexuality with the death penalty, but that provision was removed after strong opposition from the U.S. and European nations.

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In addition to criminalizing same-sex acts and “promoting” homosexuality, the new provisions criminalize individuals who undergo gender-affirming healthcare as well as medical professionals who provide such care. It also criminalizes “wife swapping” and those who dress in a way deemed to be “imitating women.”

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Member of Parliament Raad Al-Maliki said he introduced the newly amended law as “a significant step in combating sexual deviancy given the infiltration of unique cases contradicting Islamic and societal values,” the BBC reported. A senior diplomat from a Western country said the new law will “have catastrophic consequences for our bilateral and business and trade relations.”

“This amendment threatens those most at risk in Iraqi society,” the U.S. State Department wrote in a statement after the law’s passage. “It can be used to hamper free speech and expression and inhibit the operations of [non-governmental organizations] across Iraq. The legislation also weakens Iraq’s ability to diversify its economy and attract foreign investment.”

“Respect for human rights and political and economic inclusion essential for Iraq’s security, stability, and prosperity,” the department added. “This legislation is inconsistent with these values and undermines the government’s political and economic reform efforts.” The law may also violate human rights protections in Iraq’s constitution and international treaties.

IraQueer, an Iraq-based LGBTQ+ advocacy group, criticized the new law, writing, “As they have done before, they will blindly hurt the lives of many individuals in the name of fear and misinformation. It’s not only the LGBT community at risk, Iraqi freedom is at risk!”

Rasha Younes, deputy director of the LGBT+ rights program at Human Rights Watch, said, “The Iraqi parliament’s passage of the anti-LGBT law rubber-stamps Iraq’s appalling record of rights violations against LGBT people and is a serious blow to fundamental human rights.”

Previously, Iraq had no laws criminalizing homosexuality. However, authorities there regularly entrap, arrest, and detain LGBTQ+ individuals on vague, trumped-up “morality,” “debauchery,” “prostitution,” and “cybercrime” charges. In jail, they’re interrogated; denied access to lawyers, visitors, or medical care; physically and sexually abused; and forced to sign confessions, often being extorted and blackmailed afterward, Human Rights Watch reported.

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