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Iraq postpones vote on bill to impose death penalty for same-sex acts

Iraq postpones vote on bill to impose death penalty for same-sex acts

Western diplomats have opposed the bill, which has been proposed and delayed in the past

The Iraqi parliament in 2022 (Photo courtesy of the parliament's media office / Reuters / Jerusalem Post)
The Iraqi parliament will decide on whether to impose the death penalty for gay sex.  This photo shows a parliamentary session in 2022 (Photo courtesy of the parliament’s media office / Reuters / Jerusalem Post)

 

The Iraqi parliament is threatening to pass a long-delayed anti-LGBTQ bill that would impose the death penalty for same-sex intimacy.

Although Iraq does not currently have an explicitly anti-gay law, Erasing 76 Crimes has long included the country in its list of nations with anti-gay laws, because it arrests LGBTQ Iraqis on vague “anti-morality” charges.  Iraq is also on the list of nations that execute  LGBTQ people because such killings by private militias are condoned.

The Iraqi parliament delayed action on similar anti-LGBTQ bills in 2022 and in 2023.

Reuters repoprted on the latest delay:

Iraq postpones vote on bill including death penalty for same-sex acts

By Timour Azhari and Ahmed Rasheed

BAGHDAD, April 15  – Iraqi lawmakers postponed voting on Monday on a bill that includes the death penalty or life in prison for same-sex relations – a measure that diplomats from Western countries said could have serious consquences for Iraq’s political and economic ties if it goes through.

Parliament was in session on Monday, with the bill – an amendment to an anti-prostitution law – second on its agenda.
It imposes life imprisonment or the death penalty for anyone engaging in same-sex relations or anyone who swaps their wife with someone else’s for sexual purposes.

It also bans promotion of homosexuality and violations are punishable by at least seven years in prison.

Two lawmakers in the session said the vote was postponed over time constraints and that some disagreements remained over proposed amendments.

Currently, mainly Muslim Iraq does not explicitly criminalise gay sex but loosely defined morality clauses in its penal code have been used to target LGBT people.

Major Iraqi parties have in the past year stepped up criticism of LGBT rights, with rainbow flags frequently being burned in protests by both ruling and opposition conservative Shi’ite Muslim factions last year.

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Security forces stand guard outside a court in Sanaa, Yemen, in 2015. (Mohammed Huwais photo courtesy of AFP)

Diplomats from three Western countries said they had lobbied Iraqi authorities not to pass the bill due to human rights concerns but also because it would make working with Iraq politically difficult at a time when the country is trying to ease its international isolation after years of turmoil.

“It would be very difficult to justify working closely with such a state at home,” said one senior diplomat, who asked for anonymity due to the subject’s sensitivity.

“We were very, very direct: if this law is passed in its current form, it would have catastrophic consequences for our bilateral and business and trade relations.”

Iraqi Prime Minister Mohammed Shia al-Sudani (Photo courtesy of The Hill)
Iraqi Prime Minister Mohammed Shia al-Sudani (Photo courtesy of The Hill)

Parliament was in session to vote on the bill just hours before Prime Minister Mohammed Shia al-Sudani was scheduled to meet U.S. President Joe Biden in Washington on a trip focused on pushing for more U.S. investment.

More than 60 countries criminalise gay sex, while same-sex sexual acts are legal in more than 130 countries, according to Our World in Data. [Editor’s note: A tally by Erasing 76 Crimes includes 66 nations with anti-homosexuality laws.]

When Uganda in May 2023 enacted a law that includes the death penalty for certain same-sex acts, the World Bank halted new lending to the East African nation and the U.S. announced visa and travel restrictions against Ugandan officials.

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