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Encyclopedia > LGBT rights in Iraq

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The Republic of Iraq had a policy of treating homosexuality as a criminal offense under the leadership of Saddam Hussein and the legal status of homosexuality remains something in dispute in a post-Saddam Iraq. Homosexuality is not de jure illegal in Iraq, but it is taboo. As of 2007, Iraq is in a de facto state of civil war and some militias have been known to seek out and kill homosexuals and transgender Iraqis. Homosexuality refers to sexual interaction and / or romantic attraction between individuals of the same sex. ... Saddam Hussein Abd al-Majid al-Tikriti (Arabic: [1]; April 28, 1937[2] – December 30, 2006[3]), was the President of Iraq from July 16, 1979, until April 9, 2003. ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the CE era. ...

Contents

Criminal code: Ba'athist

The authoritarian nature of the Ba'athist government makes it difficult to gather definitive information about what were the Ba'athist polices with regards to sexual orientation. In the United Nations, the Iraqi delegation cited religion as their reasoning for opposing efforts to have the international body support gay rights. Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also...


Yet, homosexual practices between consenting adults in private were not officially made illegal in Iraq until 2001, when it was made a capital crime. Prior to that point, Iraqi gays and bisexuals who lived during the 1980s - 1990s have since reported that a Ba'athist crackdown on homosexuality and establishments known to function as gay bars took place in the 1990s. 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... The 1980s refers to the years from 1980 to 1989. ... For the band, see 1990s (band). ... Baath Party flag The Ba‘ath Parties (also spelled Baath or Ba‘th; Arabic: اﻟﺒﻌﺚ) comprise political parties representing the political face of the Ba‘ath movement. ... A gay bar is a drinking establishment which caters primarily to gays or lesbians. ... For the band, see 1990s (band). ...


This is also around the same time that the Ba'athist regime lost the first Persian Gulf War, and faced an uprising in northern and southern Iraq, and this crackdown may have been part of a larger attempt by the government to appeal to Sunni and Shiitee social conservatives as the early 1990s was also when the practice known as honor killing was legalized. Honor killings can be used against women who are accused of engaging in premartial sex, even if they are the victims of rape, or people accused of engaging in other sexual practices believed to be immoral, including sodomy[9]. See also: 2003 invasion of Iraq and Gulf War (disambiguation) C Company, 1st Battalion, The Staffordshire Regiment, 1st UK Armoured Division The Persian Gulf War was a conflict between Iraq and a coalition force of 34 nations led by the United States. ... For the band, see 1990s (band). ... An honor killing is a murder, nearly exclusively of a woman, who has been perceived as having brought dishonor to her family. ... François Elluin, Sodomites provoking the wrath of God, from Le pot pourri de Loth (1781). ...


Criminal code: Post-Ba'athist

In 2003, Paul Bremer ordered that the Iraqi criminal code would revert back to its 1969 edition, while the Iraqi civil code would revert back to its 1972 edition. Bremer did not address the Iraqi religious courts of personal status. While the criminal code does not explicitly deal with homosexuality or cross-dressing, it does contain provisions that could be used to punish such practices. 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... L. Paul Bremer Lewis Paul Bremer III, also known as Jerry Bremer, (born September 30, 1941) was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the 2003 invasion of Iraq to replace Jay Garner on May 6, 2003. ...

  • Some news reports about the legal status of homosexuality in Iraq had asserted that Paragraph 111 legalizes the practice of honor killings. However, the practice was expressly prohibited in the Iraqi criminal code until the 1990s.
  • Paragraph 215 - Any person who produces, imports, exports or obtains a picture, written material or sign with intent to trade, distribute, display or exhibit such material, which, by its nature, endangers the public security or brings the country into disrepute unless he was acting in good faith is punishable by detention plus a fine not exceeding 300 Dinars or by one of those penalties
  • Chapter 7 Section 7 Paragraph 368 - Any person who willfully commits an act which spreads a dangerous disease that endangers the lives of others is punishable by a period of detention not exceeding 3 years. The punishment is 1 year if it is ruled to be accidental.
  • Chapter 8 Section 4 Paragraph 376 - Any person who obtains a marriage certificate knowing it to be invalid for any reason in secular or canonical law and any person who issues such certificate knowing the marriage to be invalid is punishable by a term of imprisonment not exceeding 7 years or by detention.
  • Chapter 8 Section 3 Paragraph 401 - Any person who commits an immodest act in public is punishable by a period of detention not exceeding 6 months plus a fine not exceeding 50 dinars or by one of those penalties.
  • Chapter 8 Section 3 Paragraph 402 - (a) Any person who makes indecent advances to another man or woman shall be punished by a period of detention not exceeding 3 months plus a fine not exceeding 30 dinars. The penalty will be a period of detention not exceeding 6 months plus a fine not exceeding 100 dinars if the offender, having been previously convicted for such offense, re offends within a year of the date of such conviction.
  • Chapter 8 Paragraph 403 - Any person who produces, imports, publishes, possesses, obtains or translates a book, printed or other written material, drawing, picture, film, symbol or other thing that violates the public integrity or decency with intent to exploit or distribute such material is punishable by a period of detention not exceeding 2 years plus a fine not exceeding 200 dinars or by one of those penalties. Also applies to those people that advertise such material or media.
  • Chapter 8 Paragraph 404 - Any person who himself or through some mechanical means sings or broadcasts in a public place obscene or indecent songs or statements is punishable by a period of detention not exceeding 1 year or by a fine not exceeding 100 dinars.
  • Paragraph 434 - Insult is the imputation to another of something dishonorable or disrespectful or the hurting of his feelings even though it does not include an imputation to him of a particular matter. Any person who insults another is punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars.
  • Paragraph 438 - The following persons are punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars or by one of those penalties: (1) Any person who publishes in any way a picture, remark or information in respect of the private or family life of another, even though such information is true and such publication causes him offense.
  • Paragraph 501 - Any person who washes themselves in a city, town or village in an indecent manner or appears in a public place in an indecent state of undress is punishable by a period of detention not exceeding 10 days or by a fine not exceeding 5 Dinars.
  • Chapter 5 Paragraph 502 - Any person who loiters in a public place or observes such a place with indecent intent or for an indecent purpose is punishable by a period of detention not exceeding 10 days or by a fine not exceeding 5 dinars.

For the band, see 1990s (band). ... A 25,000 Iraqi dinar note printed after the fall of Saddam Hussein A hyperinflation banknote of 50 billion dinara (1993) A 5,000 dinar bill of the Republic of Serbian Krajina (1992) The dinar is the currency unit of various countries, most of them Arabic-speaking or once part...

Militias

As of 2007, the two major Iraqi militas; the Badr Organization and the Mahdi Army are among those Iraqi Shiite militas that have been linked to the kidnapping and killing of Iraqis for homosexuality or transgenderism. 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the CE era. ... Badr Organization (Arabic: منظمة بدر ) originally Badr Brigade or Bader Corps was the armed wing of the Supreme Council for the Islamic Revolution in Iraq (SCIRI). ... Members parade in Sadr City The Mahdi Army, also known as the Mahdi Militia, Mehdi Army or Jaish al Mahdi (Arabic جيش المهدي) , is a militia force created by the Iraqi Shiite cleric Muqtada al-Sadr in June of 2003. ...


Reports of the status of gay rights in Iraq and the militas "sexual cleansing" campaign surfaced in 2005 through IRIN reports, and articles by people such as University student Edward TJ Brown and reporters Peter Tatchell, and Doug Ireland. The issue was subsequently picked up by the gay press and some mainstream news sources such as the BBC, but has largely been ignored by the mainstream American press. The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... LGBT rights Around the world · By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Persecution Violence This box:      Peter Gary Tatchell (born 25 January 1952) is a British human rights activist, who is best known internationally for his attempts to perform a citizens arrest... Doug Ireland is an American journalist and blogger who writes frequently about gay politics. ... The British Broadcasting Corporation, usually known as the BBC, is the largest broadcasting corporation in the world in terms of audience numbers, employing 26,000 staff in the United Kingdom alone and with a budget of more than GB£4 billion (US$7. ...


On February 5th, 2005 the IRIN issued a reported titled "Iraq: Male homosexuality still a taboo." The article stated, among other things that honor killings by Iraqis against a gay family member are common and given some legal protection. The article also stated that the 2001 amendment to the criminal code stipulating the death penalty for homosexuality "has not been changed", even through Paul Bremer clearly ordered the criminal code to go back to its original 1969 edition.[1] 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Integrated Regional Information Networks, commonly known as IRIN, is a project of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) tasked with providing information relevant to those responding to and affected by complex emergencies, such a conflict-induced forced migration, and natural disasters, such as hurricanes and... Honor killing is the practice of males killing their female relatives or spouses when the female relative or spouse is considered to have damaged the family honor through unwarranted sexual activity. ...


In March, 2005 a rally was held in the United Kingdom, where speakers for the Iraqi Organizations For Women's Freedom opposed efforts by Iraqi religious parties to introduce Sharia law into Iraq[2] and some mention was made that Sharia law would mean the death of women's rights along with the rights of gays and non-Muslims in Iraq. This Iraqi feminist organization is supported by the Iraqi Workers-Communist Party, but neither organizations will talk about gay rights issues in Iraq or answer inquires from foreigners about the issue. 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Sharia (Arabic: transliteration: ) is the body of Islamic law. ...


The Iraqi Committee For Personal Privacy and Freedom has an online website that does supports some gay rights issues but it is unclear how big this new Committee might be. A similar orgaization called the Iraqi Scientific Humanitarian Committee also exists online and claims to be an Iraqi gay rights organization. The Iraqi Committee For Personal Privacy and Freedom is an interest group in Iraq that supports various personal freedom or privacy issues in Iraq as it relates to birth control, abortion and adult sexuality. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also... The Iraqi Scientific Humanitarian Committee is a political entity in Iraq that supports a secular, democratic republic that is committed to protecting the freedom and human rights of all citizens, including LGBT Iraqis. ...


On August 5th, 2005 the IRIN issued a report on the rise of male teenage prostitution in Iraq, and the strong moral opposition to homosexuality in general.[3] The report seems to suggest that even absent a specific criminal prohibition the parents or relatives of a Iraqi homosexual may try to kill them. 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Integrated Regional Information Networks, commonly known as IRIN, is a project of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) tasked with providing information relevant to those responding to and affected by complex emergencies, such a conflict-induced forced migration, and natural disasters, such as hurricanes and...


The United States Multi-National Security Transition Command in Iraq has been overseeing the Iraqi armed forces training and discipline and seems to have been interpreting Paragraph 402 as only applying to rape. This Command has also drafted a new military code for Iraq that will be introduced sometime after the Iraqi election.[4] It is unknown if the new military code will bar Iraqi homosexuals from military service or make homosexual acts a crime under military law.


Since 2005 there have been reports that the Supreme Council for the Islamic Revolution in Iraq's Badr Organization has been involved in death march campaigns against LGBT Iraqis citizens, and that they have gotten support for such polices by the Grand Ayatollah Ali al-Sistani[5] 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The Supreme Council for the Islamic Revolution in Iraq (SCIRI) (Arabic: المجلس الأعلى للثورة الإسلامية في العراق ) is an Iraqi political party. ... Badr Organization (Arabic: منظمة بدر ) originally Badr Brigade or Bader Corps was the armed wing of the Supreme Council for the Islamic Revolution in Iraq (SCIRI). ... For the use of this term in the software development industry, see death march (software development). ... This article or section does not cite its references or sources. ... Grand Ayatollah Sayyid Ali Husaini al-Sistani Arabic: السيد علي الحسيني السيستاني, Persian: سید علی حسینی سیستانی;. Born approximately August 4, 1930) is a Persian Iraqi Grand Ayatollah, a Shia marja . ...


This is partly due to a fatwa issued in October, 2005 by Iranian-born Iraqi Shiite cleric Grand Ayatollah Ali al-Sistani, published on the Arabic portion of his homepage, stating that homosexuality and lesbianism are both "forbidden" and that they should be "Punished, in fact, killed. The people involved should be killed in the worst, most severe way of killing.”[6] While the fatwa for male homosexuality was removed from the website in May, 2006, it was not revoked. The fatwa for female homosexuality is still on the website. 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Shi‘as (the adjective in Arabic is شيعى shi‘i; English has traditionally used Shiite) which mean follower in Arabic make up the second largest sect of believers in Islam, constituting about 30%-35% of all Muslim. ... Grand Ayatollah Sayyid Ali Husaini al-Sistani Arabic: السيد علي الحسيني السيستاني, Persian: سید علی حسینی سیستانی;. Born approximately August 4, 1930) is a Persian Iraqi Grand Ayatollah, a Shia marja . ... For the Manfred Mann album, see 2006 (album). ...


Also in March of that same year, a Canadian peace activist named James Loney was kidnapped by an Iraqi militia and his family and the Canadian government kept his sexual orientation a secret for fear that his kidnappers would kill him.[7] James Loney (born 1964) is a Canadian peace activist who has worked for several years with Christian Peacemaker Teams in Iraq and Palestine. ... Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ...


In January 2007 members of the Iraqi Government criticized a report on the human rights situation in Iraq. One of the reasons that the government officials were criticial of the report was because of its inclusion of gay rights in its review of human rights issues in Iraq. 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the CE era. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also...


Operation Iraqi Freedom

When Coalition Provisional Authority chief executive Paul Bremer took control of Iraq in 2003 he issued a series of decrees that restored the Iraqi criminal code back to its original 1969 edition, abolished the death penalty (which the new formed Iraqi government restored in 2005), and removed most restrictions on free speech and assembly. The Seal of the CPA in Iraq The Coalition Provisional Authority (CPA) was established as a transitional government following the invasion of Iraq by the United States, United Kingdom and the other members of the multinational coalition which was formed to oust the government of Saddam Hussein in 2003. ... L. Paul Bremer Lewis Paul Bremer III, also known as Jerry Bremer, (born September 30, 1941) was named Director of Reconstruction and Humanitarian Assistance for post-war Iraq following the 2003 invasion of Iraq to replace Jay Garner on May 6, 2003. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... For the Stargate SG-1 episode, see 1969 (Stargate SG-1). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


However, a 2004 article in the New York Times noted that homosexuality is still a crime in Iraq ("Killings Surge in Iraq, and Doctors See a Procession of Misery" by Alex Berenson, September 26, 2004); shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...

  • "Besides doing autopsies, the doctors at the institute specialize in the examinations of women accused by their husbands of not being virgins when they married, a serious charge that can lead to an annulment. The doctors also examine men accused of homosexuality, a criminal offense in Iraq. They must also approve all marriages of girls 14 or younger, verifying that they have reached puberty and are physically capable of intercourse."

It is unclear, from the article, the context in which homosexuality is a crime or based on what part of the 1969 criminal code is being invoked. The Iraqi Interim Governing Council did enact a Resolution (soon repealed) giving Iraqi Muslim Courts of Personal Status more authority to settle disputes dealing with marriage, family and other religious matters and it is possible that homosexuality is being treated as a crime under Islamic Personal Status courts, although an English translation of the current Iraqi Law for Personal Status is not available online.


Iraqi elections of 2004

Some members of the Sunni insurgency, claimed that they were engaging in violence in order to prevent gay marriage from being legalized in Iraq. Yet, it is hard to take this justification at face value.


None of the Iraqi political parties have taken any statement in favor of gay rights. In fact the political parties often refuse foreign inquiries about where their political party stands on the topic of gay rights. The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also...


Iraqi Constitution

Early drafts (in English) of the Iraqi constitution that shall be submitted to the Iraqi citizens for approval contain a provision that asserts that none of the rights or liberties protected in the Constitution will apply to "deviants."


Later revisions of the Iraqi Constitution appear to have remove the deviants clause, but have several clauses throughout the document that assert that Islam will be the foundation of the law and that the various civil liberties shall be limited by "public morality", i.e. Islam.


LGBT Iraqi Exiles

An exile association of LGBT Iraqis has been working with the British human rights organization, OutRage!, to make the international community more aware of the anti-gay death squad campaign. This article or section does not cite its references or sources. ... LGBT rights Around the world · By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Persecution Violence OutRage! is a direct action campaigning group in the United Kingdom which was formed to fight for the rights of lesbian, gay and bisexual people. ...


See also

die die die ... The Republic of Iraq legal system is in a period of transition in light of the 2003 regime change that led to the fall of the Baath Party, and the current state of civil war and unrest. ...

References

  1. ^ http://www.irinnews.org/report.asp?ReportID=51540&SelectRegion=Middle_East
  2. ^ http://www.sodomylaws.org/world/united_kingdom/uknews085.htm
  3. ^ http://www.irinnews.org/report.asp?ReportID=48485&SelectRegion=Middle_East&SelectCountry=IRAQ
  4. ^ http://www.mnstci.iraq.centcom.mil/index.htm
  5. ^ http://direland.typepad.com/direland/2006/03/shia_death_squa.html
  6. ^ http://www.advocate.com/news_detail_ektid28049.asp
  7. ^ http://www.365gay.com/Newscon06/03/032706iraq.htm
  • September 26, 2004 "Killings Surge in Iraq, and Doctors See a Procession of Misery" by Alex Berenson. Published in the New York Times.

Legal resources

  • Introduction To Iraqi Law
  • Iraqi Constitution of 1990 (English)
  • JURIST - Iraq
  • The Iraqi Criminal Code (English - 1988)
  • The Iraqi Criminal Procure Code (Arabic)
  • Iraqi Penal Code in English
  • Iraqi Government has an English translation of the Constitution online
  • Iraqi Special Tribunal: Has Translation of Criminal and Civil Code

External links


 
 

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