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Iraq Criminalises Same-Sex Relations With Jail Upto 15 Years: See Details

Iraq's parliament has passed a bill criminalising same-sex relationships with jail terms of between 10 and 15 years. Transgender people could also be sent to prison for between one and three years under the new law.

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Aditi Bagaria
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Image: Aditi Bagaria

Image: Aditi Bagaria

A measure criminalizing same-sex relationships was passed by the Iraqi parliament on 27 April 2024. It carries a maximum 15-year prison penalty, a move that human rights organizations denounced as an "attack on human rights." In a session attended by 170 out of 329 lawmakers, changes were made to a 1988 anti-prostitution law that stipulated a three-year prison sentence for transgender individuals.

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Although homosexuality is frowned upon in Iraq's conservative society, same-sex relationships were not previously specifically penalized by law. Advocates have referred to a prior draft's proposal for the death penalty to include same-sex relationships as a "dangerous" escalation.

What does the Law on Combating Prostitution and Homosexuality include?

The Parliament of Iraq has termed the law as 'Law on Combating Prostitution and Homosexuality' that aims to criminalise same-sex relations. The Law on Combating Prostitution and Homosexuality stipulates that anyone who promotes homosexuality or prostitution faces a minimum of seven years in prison and a maximum of fifteen years in prison for same-sex relationships. Anyone who willfully dresses in an effeminate manner or changes their "biological gender" faces a sentence of one to three years in prison.

According to a draft of the law reviewed by news agency Reuters, the goal of the law is to "protect Iraqi society from moral depravity and the calls for homosexuality that have overtaken the world."

Under the new law, there will be jail sentences for those who advocate homosexuality or prostitution, doctors who conduct gender reassignment surgery, men who "intentionally" behave like women, and people who indulge in "wife swapping."

The bill had initially included the death penalty for same-sex acts but was amended before being passed after strong opposition from the United States and European nations.

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There is a global trend toward decriminalising same-sex acts, several countries like Singapore, Uganda, and Barbados have moved on to decriminalise homosexuality, and some countries similar to Iraq, such as Pakistan, and Myanmar are still practicing criminalisation of same-sex acts.

The new law that outlaws same-sex relationships in Iraq has drawn harsh criticism from nations like the United States and, UK, which claims that it "threatens those most at risk" in Iraqi society.

UK Secretary of State Lord David Cameron, meanwhile, described the amendments as "dangerous and worrying". "No one should be targeted for who they are," he wrote on X, formerly Twitter.

"We encourage the Government of Iraq to uphold human rights and freedoms of all people without distinction."

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