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
The LGBTQI+ community in Iraq is often subjected to discrimination and persecution by security forces and the country’s conservative-majority population. Community members face the threat of arrest, verbal abuse, abduction, sexual assault, and even murder.
Prison or Migration?
The new law has compelled members of the community to consider leaving their home country in search of a safe haven abroad, as they fear the possibility of wasting away in prison for years and are horrified by the looming terrors that await them behind bars.
Saleem decried the conditions of Iraqi prisons, which for years have been condemned by international monitors for human rights violations and high rates of sexual violence, saying he would rather commit suicide than endure such trauma.
"If I get there [prison] I'll definitely get sexually assaulted and physically abused... I'm planning to migrate but with zero budget and with zero help from other countries and organizations this seems impossible, so the plan is to cope with life until I get arrested then I'll kill myself before going to jail," he added.
"I don't have any money on me and my parents would never pay me to get out and pursue a homosexual lifestyle. It's religiously forbidden to them to help me in 'sin'," said Saleem, adding that he has even considered selling his organs to make enough money to migrate out of Iraq.
With all options exhausted, Muamal said that he is now eying any legal opportunity to move abroad in search of a stable life.
"I think it is clear that it is impossible to live in an environment full of contempt for individuals on the one hand and fights them legally on the other hand, in addition to the fact that what comes after prisons is the most terrifying, according to the statistics related to cases of rape and sex trafficking with ordinary individuals, let alone those who receive a prison sentence because they are from the LGBT community."
Migrating had never been part of never been part of Nuwas' future plans, as he had always hoped to stay in Iraq and serve his community as a dentist. However, with the passing of the new law threatening his very existence, he said that he now plans on fleeing the country to save his life.
A section of the proposed amendment text states that the law was passed "to preserve the entity of Iraqi society from moral degeneration and calls for homosexuality that have invaded the world," and due to the fact that the Iraqi legislation does not include any "deterrent punishment" for engaging or promoting homosexuality.
"There is no place for homosexuality in the Iraq of the prophets, the pure imams, and righteous saints," said Iraq's acting parliament speaker Muhsin al-Mandalawi, referring to the passage of the law as "a necessary step" to protect values of the Iraqi community.
The LGBTQI+ community is often perceived as homogenous in Iraq with all non-cisgender individuals viewed as "homosexuals." Any law criminalizing homosexuality threatens all members of the queer community.
A crackdown on LGBTQI+ people in Iraq in 2009 saw deaths that probably number "in the hundreds," according to a 2022 HRW report.
The impact of the law on Kurdistan Region's LGBTQI+ community
LGBTQI+ individuals face a lot of persecution in the Kurdistan Region as well, and the passing of the law by the Iraqi legislature omens a terrifying future for the marginalized group in the semi-autonomous Kurdish Region.
Appalled and frightened by the passing of the law, members of the community decried the Iraqi government's dedication to strip them of basic rights while the country struggles with tens of more pressing matters.
"Not only is it a complete violation of basic human rights and freedom of expression, it further reinforces the notion that we are way behind the times," Lara*, a queer woman from Erbil, told Rudaw English, believing that the law will lead to a mass exodus of the country's more liberal generations.
"It is crucial for authorities to respect the rights of their citizens in order to maintain harmony, but it seems as though the authorities here in Iraq are blinded by their own prejudice," they added, "it makes everyone feel unsafe, what's next? We go back to first wave feminism?"
When asked on their reaction to the passing of the law, Sardar*, a homosexual man from Duhok simply replied "no opinions, just fear."
"Taking away someone's ability to love freely and safely is cruel and evil... this is simply abuse of power. I find it funny how the Iraqi government is more concerned about such harmless thing, when there are far more important issues," said Tina, a member of the LGBTQI+ community in Sulaimani.
"The passing of this law is a final means to eradicate queer history and voices. We are witnessing the lives of our youths be ruined, now and in the future... To have laws deliberately criminalize citizens for living their truth is outrageous and horrendous," said Chiya*, a member of the community from Erbil.
"The freedom to be, speak, and exist is at a great risk, not just for the LGBTQ+ community, but for all Iraqi youth. To silence anyone speaking about the community, to punish lives with death, is never the solution," they added.
In April 2021, security forces in Sulaimani arrested a group of suspected LGBTQI+ individuals in Sarchinar, under the pretext of cracking down on prostitution. The arrests caused uproar from Iraq and the Kurdistan Region's queer community and civil society activists.
Most laws passed in the Iraqi parliament do not automatically come into force in the Kurdistan Region and need to be approved in the regional parliament first.
The law will go into effect from the date of its publication on the Iraqi official gazette, which has yet to be determined.
*Names and locations have been changed to protect identities.