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Iraq
Although Iraqi law does not contain any direct law to criminalize same-sex relations, some vague laws that are used to punish and criminalize the LGBTQ+ community in Iraq are indirectly used as laws of public morals and family values. However, Amnesty international considered Iraq one of the 9 countries in the world that punishes homosexuality with death. This is due to the suffering of members of the LGBTQ+ community in the country of violence, torture and killing. Members of the LGBTQ+ community are not killed because of the existence of death laws and legal trials, but rather they are killed mostly by militias. It has its own Sharia courts, which punish homosexuality with death based on religious fatwas from references and clerics. homosexuality in Iraqi law
Fatwas from References and Clerics
Fatwas from References and Clerics Some clerics at the head of these militias was the Mahdi Army militia affiliated with the Shiite cleric and politician Muqtada al-Sadr, which was chasing and killing every person suspected of homosexuality, and many people became victims of the emo campaign (one of these campaigns) Even if they are not gay, because of their appearance and non-normative lifestyle, represented by unconventional clothing or hairstyles. Such campaigns are considered the main reason why Iraq is considered one of the most dangerous countries for LGBTQ+ people in the world, even if Iraqi law does not contain The death penalty ,It is worth mentioning that all the militias that carry out these campaigns do not face punishment or any legal action. homosexuality in Iraqi law
Suffering in Iraq and the reason for the legislation
In this regard, Youssef Ali, 22 years old, said “Members of the LGBTQ+ community in Iraq do not have any rights or any ability to appear, speak, or even live the life they want. On the contrary, they are threatened by the danger of killing and death at any moment, from their families, militias, and society. Homosexuality is not considered a “phenomenon” in Iraq, as it is still secret and individuals do not disclose their inclinations or talk about them because of the danger that could cost them their lives”. Hayden, 21, from Najaf, said “Our situation as members of the LGBTQ+ community in Iraq is very bad. Even without the death penalty law, our lives are in danger, but this law will increase fear and danger to us.” It also contributed even before its approval, to an increase in hate speech against us more than before ,even people far from this issue began to show their welcome & support to this law, as it is the law that saves them from “homosexually”and preserves their values and society as they see it.” homosexuality in Iraqi law
While the Iraqi Parliament justifies the need for this law under the pretext of preserving the entity of Iraqi society from moral decay, and the calls for homosexuality that shook the world, and the absence of Iraqi legislation from deterrent punishment for acts of homosexuality and those who promote them, this reason is not convincing in light of what members of society are suffering and experiencing. The meme in Iraq is killing, marginalization, and forced disappearance. What is the real reason for what is happening in Iraq? homosexuality in Iraqi law
We felt these hate speeches even in our families, even through the family WhatsApp group. Many of them sent news of the law, happy about it and saying that the law will save us from the wrath of God and the high temperatures that the country suffers from throughout the summer with the absence of services”, he continues. While the Iraqi Parliament justifies the need for this law under the pretext of preserving the entity of Iraqi society from moral decay, and the calls for homosexuality that shook the world, and the absence of Iraqi legislation from deterrent punishment for acts of homosexuality and those who promote them, this reason is not convincing in light of what members of society are suffering and experiencing. The meme in Iraq is killing, marginalization, and forced disappearance. What is the real reason for what is happening in Iraq? homosexuality in Iraqi law
The Public and Political Goals
It is no secret to anyone that it is easy to control the public and obtain their support by creating an imaginary enemy and then directing all anger at it. At a time when Iraq is suffering from poverty, desertification, climate and electricity issues, and its lack of the most basic necessities of life, religious and political leaders are trying to launch hate speech against homosexuality to distract the public’s attention from what is happening, and even obtain public support. The continuous hate speech against the LGBTQ+ community in Iraq has led to the emergence of huge groups in Iraqi society who are ready to support anyone who does or says anything against the LGBTQ+ community, which has led to the generation of polarization and political conflict between The two main Shiite groups on the Iraqi political scene: the Sadrist movement, led by the populist cleric Muqtada al-Sadr, and the Coordination Framework, (CF) that represents the Al Hashd Al Shaabi militia and other Iraqi militias to obtain the support of these huge groups. homosexuality in Iraqi law
If the Coordination Framework is able to finalize and approve this law, they will thus turn the tables on Muqtada al-Sadr, and win all the electoral votes of people who hate homosexuality. Which Muqtada al-Sadr was dragging and luring them in order to obtain a larger audience through constant hate speeches against LGBTQ+ community. homosexuality in Iraqi law
Hussein, 19 years old, a gay young man from Basra, southern Iraq, says: “What is happening now is primarily for political purposes, and the people who are trying to pass the law are trying to attract crowds.” The votes are cast through this law, and the evidence is the legal ignorance of many legislators of the provisions of this law. “The homophobic views of society that have spread recently were one of the reasons, because these individuals represent many potential votes in the elections.” According to Samar, 20, transwoman from Baghdad, sees: “The purpose of the law is political, from several sides. On the one hand, legalizing our execution will satisfy many voices, and on the other hand, this law can be considered as a political achievement for them, in addition to using it to cover up their crimes.” The failure of the government in all fields”.
Does the law violate the Iraqi constitution?
Although the Legal Committee in the Iraqi Parliament considered the law not inconsistent with the Constitution and passed it, this law is considered a blatant violation of the Iraqi Constitution. An Iraqi legal expert (who preferred to remain anonymous) said: “The law criminalizing homosexuality, which is currently being discussed in the House of Representatives, will be included within the amendment to the Anti-Prostitution Law No. (8) of 1988 to include the criminalisation of homosexuality, homosexuality, and even terms related to them such as gender and gender, despite the fact that the Iraqi Penal Code No. (111) of 1969 amended the crime of homosexual relations in Articles (393 and 394). homosexuality in Iraqi law
However, the new draft law is a blatant violation of the Iraqi Constitution, especially Article (41), which guarantees freedom of commitment in personal status according to their choices. It is also a violation of Article (38) of the Constitution, which guarantees freedom of expression of opinion in all means, since the draft law criminalizes defending and promoting gay rights with a penalty of 7 years in prison.” “This clear repression of the constitution and the law is only to return the Islamic parties to the forefront after it consumed during two decades its religious, sectarian and ethnic discourse, in addition to hitting the freedoms of expression after society became more aware and aware after the Tishreen protests since 2019 of the importance of freedom of expression of opinion and demonstration”, he added. homosexuality in Iraqi law
The clear repression of the constitution and the law is only to return the Islamic parties to the forefront after it consumed during the two decades of its religious, sectarian and ethnic discourse, in addition to hitting the freedoms of expression after society became more aware and aware after the Tishreen protests since 2019 because of the importance of freedom to express opinion and demonstration. homosexuality in Iraqi law
The effect of Law on LGBTQ+ Community
At a time when politicians do not care about the lives of many Iraqis in order to obtain political gains even if their hands are stained with blood, members of the LGBT+ community who live inside Iraq, many of whom began to think about escaping from it permanently or Hide their identity. homosexuality in Iraqi law
A young gay man named Hussein Kazem (a pseudonym) said: “The law not only affects my future, but it also removes any chance for me to stay in Iraq. If I had a desire to live and stay with the people I love and in the places I lived with many memories.” This law will end all these dreams.” Then he continues and says, “Just hearing the news of the first reading of the law made me anxious, so everyone began to agree just to try to punish us for our differences and to be able to kill us in the most horrific ways.” “We are facing an endless amount of violence, but it seems that this is not enough for them. This law will give the green light to the militias to carry out liquidation campaigns that will result in the victims of many people, even those who do not belong to the LGBT community, but their appearance is mostly non-standard. We will kill and shed blood coldly. Just thinking about it is terrifying, so how if it happened? homosexuality in Iraqi law
According to dozens of members of the LGBT community, Iraq is an unsafe country for them. It was inherently dangerous even before the law was passed, but the law will contribute to escalating matters and turning the situation into more dangerous and worse, so their exposure to killing will not only become conditional on them clashing with a militia, but rather it will become a legal matter. Even if the law does not pass, the hate speech and continuous attacks due to the first reading of the law alone are considered a great danger to their lives. homosexuality in Iraqi law
While Khaled, 24 years old from Basra, said: “The law is a permit for killing and is no different from the bloody fatwas of ISIS and Al-Qaeda.” The law will have a terrifying effect if it is passed. I expect that interviews will take place with the people they arrest and they will be published on social media everywhere, as is happening now to criminals, murderers, and members of ISIS. The law here equates us with the most severe criminals, but even some of these criminals do not. They are sentenced to death, but in the eyes of the Iraqi legislator, we are worse than these criminals.” homosexuality in Iraqi law
A worker at the Baghdad Pride organization confirmed: “In the recent period, we have received many messages from people from the LGBT community regarding escaping from Iraq, or about applying for asylum and its steps, and this is due to the imminent danger that surrounds them from every side. homosexuality in Iraqi law