Under new Iraqi legislation, homosexuals could face 10 to 15 years in prison, while transgender individuals may receive three-year jail sentences.

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Iraq Parliament Criminalizes Same-Sex Relations

Iraq's parliament passed a bill on Saturday criminalizing same-sex relations, imposing sentences of up to 15 years in prison, in a move denounced by rights groups as an assault on human rights. Transgender individuals will face three years' imprisonment under amendments to a 1988 anti-prostitution law, adopted during a session attended by 170 out of 329 lawmakers. A previous draft had proposed capital punishment for same-sex relations, a move campaigners labeled a dangerous escalation.

The new amendments empower courts to sentence individuals engaging in same-sex relations to between 10 to 15 years in prison, according to a document seen by AFP, exacerbating the challenges faced by gay and transgender people who already encounter frequent attacks and discrimination. The amendments also mandate a minimum seven-year prison term for "promoting" same-sex relations and sentences ranging from one to three years for men who "intentionally" present as women.

The amended law criminalizes "biological sex change based on personal desire and inclination" and punishes transgender individuals and doctors performing gender-affirming surgery with up to three years in prison. While homosexuality is taboo in Iraq's conservative society, there had previously been no law explicitly penalizing same-sex relations. Members of Iraq's LGBTQ community have faced prosecution for sodomy or under vague morality and anti-prostitution clauses in Iraq's penal code.

"Iraq has effectively codified in law the discrimination and violence members of the LGBTI community have been subjected to with absolute impunity for years," said Amnesty International's Iraq researcher Razaw Salihy. "The amendments concerning LGBTI rights are a violation of fundamental human rights and put at risk Iraqis whose lives are already hounded daily," Salihy added.

Title: Amendments in Iraq Criminalize LGBTQ Promotion and Wife Swapping, Drawing International Concern


The amendments also criminalize organizations that “promote” homosexuality and impose a prison sentence of 10 to 15 years for “wife swapping.”

According to lawmaker Raed al-Maliki, who proposed the amendments, the purpose of the law is to prevent such acts and protect society, as reported by AFP.

The passing of the new amendment was delayed until after Iraqi Prime Minister Mohamed Shia al-Sudani’s recent visit to the United States, al-Maliki stated.

He further explained that the United States and the European Union oppose the law, and its passage was postponed to avoid affecting the prime minister's visit, emphasizing that Iraq considers it an internal matter without accepting external interference.

However, the US State Department expressed deep concern about the legislation, with spokesman Matt Miller stating on Saturday that the law puts the most vulnerable individuals in Iraqi society at risk and undermines the government’s efforts for political and economic reforms.

LGBTQ Iraqis face significant challenges, often subjected to kidnappings, rapes, torture, and murders, as highlighted in a 2022 report by Human Rights Watch and the IraQueer non-governmental organization.

Anti-LGBTQ rhetoric has been on the rise among Iraqi politicians and social media users, intensifying fear within the LGBTQ community.

Sarah Sanbar, an Iraq researcher at Human Rights Watch, condemned the new law change as a severe violation of human rights, criticizing Iraq for prioritizing discrimination against LGBTQ individuals instead of enacting laws beneficial to all Iraqis, such as the draft domestic violence law or draft child protection law.

(Note: This story has not been edited by News18 staff and is published from a syndicated news agency feed - AFP)

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