ERBIL, Kurdistan Region - Heteronormativity has always been the prevailing status quo in conservative-majority Iraq, but no legislation had explicitly criminalized same-sex conduct until Saturday when the parliament made several amendments to the country's anti-prostitution law, banning any practice of homosexuality and transsexuality with harsh penalties of up to 15 years in prison.
The news has devastated Iraq's already-oppressed LGBTQI+ community, who labeled the developments as the actualization of their worst nightmares, with legal basis having now been established to justify the persecution they will become subjected to.
Life has never been easy for 19-year-old Saleem* who realized he was gay at a very young age and has been facing the intolerance and discrimination that come with reaching this realization in Iraq ever since. He said that the news has left him in a state of panic, leading to suicidal thoughts and lack of sleep.
"There is no life for people like us in here, it's either you hide your identity completely and act like you're someone else all the time, or you'll have to face discrimination all the time," lamented Saleem, whose public acknowledgement of his sexual orientation has led to, in his words "near death experiences."
The first amendment to the law declared that it will be renamed "Law on Combating Prostitution and Homosexuality." Under this, anyone who engages in consensual homosexual relations shall be imprisoned for a period no less than 10 years and no longer than 15 years.
"I was very frustrated, frightened. I was shocked by that extreme law against us just for being different and I absolutely felt danger coming around me," Nuwas*, 20, told Rudaw English, adding that the passage of the law led to him deactivating his Instagram account and creating a new one where he will limit the content he posts.
An initial draft of the bill suggested life imprisonment or the death penalty for same-sex relations, but the sentences were reduced before it passed in parliament.
Muamal*, a 23-year-old law graduate who has hidden his true identity for years, fearing a violent reaction from the public, claimed that most cases of discrimination in Iraq stem from "intolerance about accepting the concept of difference."
"I believe that over the years of discovering myself, I have not lived a single day without feeling fear of what is coming and confusion about the unknown future... I see that our fears over the years have come true, unfortunately, and I also see how terrible the matter is from a legal standpoint as well, since it is within my specialization," Muamal told Rudaw English.
Promoting homosexuality "in any way" will also be punishable by no less than seven years in jail and a fine of 10 to 15 million dinars. The activities of any organization promoting prostitution or homosexuality in Iraq are also prohibited.
Gala, a platform advocating for rights of the LGBTQI+ community in Iraq whose work in the country will be jeopardized following the approval of the amendments, described the law as the culmination of decades of marginalization which will make life much worse for Iraqi queers.
"This law comes to conclude the series of hate and homophobia campaigns led by the Iraqi government and political and religious figures throughout the previous period," Gala told Rudaw English.
The platform noted that even though the law makes it impossible for them to promote their message on the ground, their virtual presence and activism will only increase as a result of the critical situation.
The new law also lays out harsh penalties for Iraq's transsexuals. Any individual who undergoes a sex-reassignment surgery, as well as the doctor or surgeon conducting the operation, will face one to three years in jail. The bill excludes cases of medical intervention to "treat birth defects to affirm the sex of the individual," referring to genital surgeries on intersex children, which can inflict permanent harm on the individual and compromise sexual function and sensation.
A prison term of one to three years will be imposed on anyone charged with "imitating women" or promoting effeminacy, in addition to a fine of five to 10 million dinars.
International reaction
The passing of the law was condemned by several countries and human rights monitors, but the response from the international community has been mostly criticized by members of Iraq's LGBTQI+ community, calling for more definitive stances.
Amnesty International on Monday called on Iraq to urgently repel the amendments, labeling them "an assault on human rights."
"LGBTI individuals in Iraq endure relentless intimidation and violence at the hands of armed actors who operate with absolute impunity hounding, maiming and killing people based on their real or perceived sexual orientation openly," Amnesty's Iraq Researcher Razaw Salihy told Rudaw English.
The United Nations Assistance Mission for Iraq (UNAMI) said they were alarmed by the new law, which contradicts several human right treaties and conventions ratified by Iraq, adding that the legislation "should be shelved."
"Legislative work is the prerogative of Iraq's parliament, but it should be compatible with Iraq's international obligations and commitments. Safeguarding the fundamental freedoms of all does not mean promoting any specific private behaviour or disrespecting any culture or religion. It is rather the hallmark of any society based on tolerance and respect for human rights," said UN Human Rights Office spokesperson Ravina Shamdasani.
State Department spokesperson Matthew Miller on Saturday said that the US was "deeply concerned" by the passage of the amendments, which threaten "those most at risk in Iraqi society."
United Kingdom's Foreign Secretary David Cameron called the amendments "dangerous and worrying," and urged Baghdad to uphold human rights and freedoms.
Amendments to Iraq’s Anti - Prostitution Law which criminalises LGBT people are dangerous and worrying. No one should be targeted for who they are. We encourage the Government of Iraq to uphold human rights and freedoms of all people without distinction.
— David Cameron (@David_Cameron) April 27, 2024