Iraq

Iraq holds immense historical and geopolitical significance. Bordered by Saudi Arabia, Jordan, Syria, Turkey, Iran, and Kuwait, it has been a focal point of events not only in the region but also on the global stage. Iraq is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC).

The population was estimated to be 43.5 million in 2021.¹ All numbers and statistics are estimates, as no census has been conducted since 1997.

It is estimated that between 61% and 64% of the population are Shia Muslims, and between 29% and 34% are Sunni Muslims.² It is believed that around 150,000 Christians live in the country, and fewer than 2,000 Baha’is.³

Constitution and government

The Constitution⁴ establishes Islam as the official State religion and the foundation of legislation. Article 2 of the Constitution states that:

• “[n]o law may be enacted that contradicts the established provisions of Islam;”
• “[n]o law may be enacted that contradicts the principles of democracy;”
• And, “[n]o law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution”

Article 2 further states that the Constitution guarantees the “Islamic identity of the majority of the Iraqi people” and the rights to freedom of religion and practice “of all individuals such as Christians, Yazidis, and Mandean Sabeans”, with no mentions of other religions or non-believers. The law specifically prohibits the practice of the Baha’i faith, although this prohibition is not generally enforced. The law takes a more lenient approach to some other minority faiths, such as Wahhabi Islam, Zoroastrianism and Yarsanism, by not banning them outright, however, such groups are still denied official registration status.⁵

Freedom of religion is guaranteed under Article 41 of the Constitution, which reads, “Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices.” Individuals are “free in the practice of religious rites, including the Husseini rituals,” and “management of religious endowments (waqf), their affairs, and their religious institutions”, according to Article 43.

There are 17 religious groups recognized and registered with the government, including Islam, Syriac Orthodox, Seventh-day Adventist, Yezidi and Jewish. The registered groups, with the exception of the Yazidis, have their own personal status courts where marriage, divorce and inheritance issues are addressed.⁶ There are no regulations on how to obtain legal recognition for new groups, except for in Iraqi Kurdistan where religious groups can obtain recognition if they have a minimum of 150 followers, document the sources of financial support and demonstrate that the group is not anti-Islam.⁶

The State is required by Article 10 of the Constitution to maintain the sanctity of holy shrines and religious sites and to guarantee the practice of rituals at the sites.⁴

National identity cards issued before 2016 stated religious affiliation. The national identity cards issued after 2016 no longer visibly indicate the holder’s religion, yet the online application process continues to ask for this information and the cards’ embedded data chips still contain data on religious affiliation. Religions that may be listed are Christianity, Sabean-Mandean, Yezidi, Judaism and Islam.⁵

Nine out of 329 seats in the parliament are reserved for religious and ethnic minorities. For instance, five seats are reserved for Christian candidates and one each for Yezidi and Sabean-Mandean.⁶

ISIS

In June 2014, Sunni Jihadists declared the “Islamic State of Iraq and Syria” (ISIS). The forerunner group arose in 1999 and participated in military conflict against US-led forces. The militants eventually carved out significant territory in Iraq, and in 2015 drew increasing numbers of followers internationally. They were known for violent executions, sexual slavery, and the persecution of religious minorities, “apostates” and “blasphemers”, those they accused of homosexuality, and anyone who offered any opposition to their hegemony. They were largely routed by December 2017, with areas under their influence returning to government control.⁷

Education and children’s rights

Islamic religious instruction is mandatory in public schools for Muslim students, at least in primary and secondary schools (with the exception of Iraqi Kurdistan). Non-Muslim students are technically not obliged to participate. There are continued reports from religious minorities of educational discrimination, and social stigma around ‘apostasy’ or conversion likely hamper free exercise of any opt-out. It is unclear how an attempt to opt-out by a specifically non-religious student would be handled. Christian religious education is offered in at least 255 public schools in areas with higher concentrations of Christians.⁶

Christians and Yazidis have reported on the discrimination in the education system, the lack of minority input on the curricula and the fact that not all schools had incorporated lessons of religious tolerance, as instructed by the Ministry of Education in 2015.⁶

In Iraqi Kurdistan, the Ministry of Education funds religious instruction in schools for Muslims and Christian students.⁶

In 2019, thousands of children were prevented from enrolling in public schools because a family member was thought to be affiliated with ISIS.⁶

Child exploitation

In September 2022, the Iraqi parliament introduced draft legislation aimed at strengthening child protection measures in the country. If approved, the proposed law would be the first of its kind in Iraq. It seeks to address issues such as child labor, exploitation and abuse. The draft also outlines fundamental child rights including the rights to life, health, education and citizenship. Passage of the law could represent an important advancement in efforts to safeguard the rights of children in Iraq.⁸

As recently as 2022, over 2,700 Yazidi women and children remain unaccounted for after being abducted by the Islamic State during the 2014 Yazidi genocide. Available evidence suggests many have been subjected to sexual enslavement or forced labor by their captors. The exploitation of vulnerable children persists as an issue in Iraq, including forced begging and the recruitment of minors into militias.⁹

Family, community and society

Religious discrimination

Followers of the Baha’i faith have been persecuted for many years and the practice of the faith is prohibited by law 105 of 1970 and prescribes 10 years’ imprisonment for practicing the religion, but this is usually not enforced. The regional government in Kurdistan recognizes Baha’is and the federal prohibition is not enforced in the region.³ Since 1970, Baha’is have been denied citizenship or other travel documents, such that it has not been possible for them to leave the country.¹⁰

Since ISIS was defeated, Sunnis living in areas liberated from ISIS have been able to practice their religions freely since.¹¹ However, Sunni Muslims report that they face discrimination in public sector employment as a result of “de-Baathification”, which is described as a process originally intended to target loyalties of Saddam Hussein’s regime which favored Sunnis. Sunnis say the de-Baathification provisions are used to render them ineligible for government jobs and government contracts.⁶

Atheism is very rare in Iraq, but there are reports saying that an increasing number of people are non-believers. According to a poll from 2011, 67% professed a belief, 21% stated they probably believed, 4% said they probably didn’t believe in God, and 7% stated they did not believe in a god. Atheism is not prohibited by law, but atheists have been prosecuted for ‘blasphemy’ and other related charges. There is a low social tolerance of atheism which is why many atheists keep their views secret.¹²

While importing and distributing alcohol is legal for non-Muslims, it is reported that restaurants and liquor stores face harassment and attacks.¹¹ Muslims are banned by law from consuming alcohol and are often denied permits allowing them to carry and sell alcohol.⁶ Christians continue to report fear of importing and distributing alcohol and spirits, despite receiving permits.³

Family law

According to the Constitution, citizens have the right to choose between a civil or religious court in matters of personal status, like marriage, divorce, inheritance, and custody. Should a religious court be chosen, and one of the parties to the dispute is from an unrecognized faith, Islamic law applies. If the same dispute were taken to a civil court, the court is required to consult the religious authority of a non-Muslim party for its opinion and use it as the basis of its judgment.  In Iraqi Kurdistan, there are separate courts used for personal disputes between members of the same religion, while the civil status courts handle all other cases.³

The law allows non-Muslim women — identified as such in official documents — to marry Muslim men, however, Muslim women cannot marry non-Muslims.³

Discrimination against women and minorities

About one in four women between the ages 20 to 24 were married by the age of 18 and forced marriages are common. The laws regulating marriage and divorce favor men over women. Gender-based violence is a widespread problem, but rarely prosecuted.¹¹ According to Human Rights watch, a husband can legally punish his wife “within the limits prescribed by law or custom” and the law provides for mitigated sentences for various acts, including so-called “honor killings” or extramarital acts.¹³

The legal system provides some allowances in cases involving alleged sexual and honor crimes. For instance, criminal rape charges can be dropped if the perpetrator marries the victim. The law also does not expressly prohibit spousal rape. Penalty reductions exist in statutes for so-called honor killings, and prosecutions for such cases are uncommon in practice. Typically involving murders by male relatives of female family members or LGBTI+ individuals, honor crimes seldom result in convictions.⁹

Non-Muslim women have reported that they feel pressured to wear a hijab during Ramadan and other Muslim holidays. Others are harassed for wearing western clothes or not adhering to strict Islamic norms.⁶

Despite advocacy from women’s rights groups, Iraq’s Parliament has not yet enacted legislation expressly prohibiting gender-based violence.⁶

While a prohibition on same-sex sexual relations is not codified, there are several vague provisions that can be used to target the LGBTI+ individuals. According to Human Rights Watch, LGBTI+ individuals in Iraq frequently face acts of violence based on their sexual orientation. Such violence includes killings, abductions, torture, and sexual assault. The recurring nature of these acts indicates a climate where perpetrators are not held legally accountable.¹⁴

In 2023, the Iraqi Parliament discussed a bill that could enact the death penalty or life imprisonment for homosexuals. International human rights organizations expressed concern about legislating “impunity” in cases of violence against the LGBTI+ community. Members of Parliament representing a relative majority in the Iraqi Parliament proposed an amendment to a 1988 law called “Combating Prostitution”. It stipulates the “death penalty or life imprisonment” for anyone “who has engaged in a homosexual relationship.”¹⁵

Freedom of expression, advocacy of humanist values

‘Blasphemy’ law

Iraq’s Penal Code¹⁶ prohibits “insult” to religious rituals, symbols or sacred persons and objects. Under Article 372 of the Penal Code:

“The following persons are punishable by a period of imprisonment not exceeding 3 years or by a fine not exceeding 300 dinars:

“Any person who attacks the creed of a religious minority or pours scorn on its religious practices.

“(5) Anyone who publicly insults a symbol or person who constitutes an object of sanctification, glorification, and respect to a religious community.”

While there are ‘blasphemy’ laws on the book, reports indicate the law is rarely enforced.¹¹

Converting from Islam to another religion is prohibited under law. Those who do not hold religious beliefs often feel compelled to hide their worldview from others in their society due to the existence of stigma and discrimination.⁹

Non-Muslims may change their religion to Islam according to Iraqi law, based on paragraph one of Article 26 of the National ID Card Law No. 3 of 2016, which states: “Non-Muslims may change their religion in accordance with the law.”¹⁷ However, changing religion from Islam to another religion is not permissible, as established by several decisions of the Federal Court of Cassation.¹⁸

Freedom of expression

A report by Human Rights Watch states that, recently, there has been a spike in violations of the right to freedom of expression in Iraq, including the Kurdish region. The authorities have reportedly used vague laws to charge individuals expressing dislike or criticism of the authorities.¹⁹

In January 2023, the Iraqi government initiated a campaign to censor “indecent content” online, establishing a platform for public reporting of allegedly immoral social media activity. Over 96,000 complaints were submitted within one month, resulting in six prison sentences (now overturned). While the Iraqi constitution guarantees free expression, vaguely defined morality laws – like Penal Code 403 that regulates the import of material deemed to violate decency – are regularly exploited to target and silence journalists, activists and political rivals through lawsuits and prosecutions; a pattern of weaponizing the legal system to punish dissenting voices and control public discourse, rather than sincerely addressing substantial claims of defamation or criminality.²⁰

Press freedom

Freedom of media is guaranteed by the Iraqi Constitution, but it is restricted in practice by the threat of violence. The threats against journalists have increased since the anti-government protests began in October 2019. According to Reporters Without Borders, the coverage of religious and political leaders seen as untouchable, can lead to prosecution or media bans for disrespecting “national or religious symbols.”²¹

Highlighted cases

Khwanas Wrya (Born 1998), a young Kurdish Iraqi artist and intellectual known for promoting tolerance and free thought, was assassinated on 22 June 2023 by a Salafi individual.²² Khwanas openly criticized extremism and called for intellectual freedom in his social media writing. This stance made him a target for hardline Islamist militants.²³

On May 2020, the National Security Agency in Iraq’s Dhi Qar Governorate arrested a doctor on charges of “advocating atheism and attacking the Prophet Muhammad, his character, and his family through fake pages on Facebook.”²⁴

1. ”Population, total – Iraq”, World Bank Data, https://data.worldbank.org/indicator/SP.POP.TOTL?locations=IQ&most_recent_value_desc=true [↩]
2. ”People and Society – Iraq” in The CIA World Factbook, CIA, last updated 27 February 2024, https://www.cia.gov/the-world-factbook/countries/iraq/#people-and-society [↩]
3. ”Iraq” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, US Department of State, https://www.state.gov/reports/2022-report-on-international-religious-freedom/iraq/[↩][↩][↩][↩][↩]
4. ”Constitution of Iraq of 2005″, Constitute Project, https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en[↩][↩]
5. ”Iraq” chapter in 2022 Report on International Religious Freedom, Office of International Religious Freedom, US Department of State, https://www.state.gov/reports/2019-report-on-international-religious-freedom/iraq/[↩][↩]
6. ”Iraq” chapter in 2019 Report on International Religious Freedom, Office of International Religious Freedom, US State Department, https://www.state.gov/reports/2019-report-on-international-religious-freedom/iraq/[↩][↩][↩][↩][↩][↩][↩][↩][↩][↩][↩]
7. ”Iraq”, Human Rights Watch, https://www.hrw.org/middle-east/n-africa/iraq[↩]
8. Draft Law on Children’s’ Rights, Al-Jazeera, https://www.aljazeera.net/wp-content/uploads/2022/11/%D8%AD%D9%85%D8%A7%D9%8A%D8%A9-%D8%A7%D9%84%D8%B7%D9%81%D9%84.pdf; “Iraq” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/iraq[↩]
9. ”Iraq” chapter in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2023[↩][↩][↩]
10. ”Bahai”, Minority Rights, https://minorityrights.org/minorities/bahai/[↩]
11. ”Iraq” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2020[↩][↩][↩][↩]
12. ”2.14. Individuals considered to have committed blasphemy and/or apostasy” in Country Guidance – Iraq, European Union Agency for Asylum, https://euaa.europa.eu/country-guidance-iraq-2021/214-individuals-considered-have-committed-blasphemy-andor-apostasy#:~:text=While%20atheism%20is%20rare%20in,did%20not%20believe%20in%20God[↩]
13. ”Iraq” chapter in World Report 2020, Human Rights Watch, https://www.hrw.org/world-report/2020/country-chapters/iraq[↩]
14. ”Iraq” chapter in World Report 2023, Human Rights Watch, https://www.hrw.org/world-report/2023/country-chapters/iraq[↩]
15. ”What do we know about the draft law that criminalizes homosexuality in Iraq”, BBC Arabic, 23 August 2023, https://www.bbc.com/arabic/articles/c9rwg3pkl12o[↩]
16. Iraq Penal Code, Refworld, https://www.refworld.org/legal/legislation/natlegbod/1969/en/103522[↩]
17. National ID Card Law No 3 of 2016, Republic of Iraq Supreme Judicial Council, https://iraqld.e-sjc-services.iq/LoadLawBook.aspx?page=4&SC=120120018252895&BookID=7214#:~:text=2%20%2D%20%D9%8A%D8%AC%D9%88%D8%B2%20%D9%84%D8%BA%D9%8A%D8%B1%20%D8%A7%D9%84%D9%85%D8%B3%D9%84%D9%85%20%D8%AA%D8%A8%D8%AF%D9%8A%D9%84,%D8%A7%D9%84%D8%B4%D8%B1%D8%B9%D9%8A%D8%A9%20%D8%A7%D9%88%20%D9%85%D8%AD%D9%83%D9%85%D8%A9%20%D8%A7%D9%84%D9%85%D9%88%D8%A7%D8%AF%20%D8%A7%D9%84%D8%B4%D8%AE%D8%B5%D9%8A%D8%A9%20.[↩]
18. Decision of the Federal Court of Cassation, No. 285, Series 4342, dated 12/31/2008, College of Law Al-Muthana University, https://law.mu.edu.iq/?p=5491[↩]
19. ”Iraq: Urgent Need for Free Speech Protection”, Human Rights Watch, 15 June 2020, https://www.hrw.org/news/2020/06/15/iraq-urgent-need-free-speech-protection[↩]
20. ”Iraq” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/iraq[↩]
21. ”Iraq”, Reporters Without Borders, https://rsf.org/en/iraq[↩]
22. ”He was assassinated because of his intellectual orientations. Iraqi Kurdistan authorities arrest killer of young artist”, Alhurra, 23 June 2023, https://www.alhurra.com/iraq/2023/06/23/%D8%A7%D8%BA%D8%AA%D9%8A%D9%84-%D8%A8%D8%B3%D8%A8%D8%A8-%D8%AA%D9%88%D8%AC%D9%87%D8%A7%D8%AA%D9%87-%D8%A7%D9%84%D9%81%D9%83%D8%B1%D9%8A%D8%A9-%D8%B3%D9%84%D8%B7%D8%A7%D8%AA-%D9%83%D8%B1%D8%AF%D8%B3%D8%AA%D8%A7%D9%86-%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82-%D8%AA%D8%B9%D8%AA%D9%82%D9%84-%D9%82%D8%A7%D8%AA%D9%84-%D9%81%D9%86%D8%A7%D9%86-%D8%B4%D8%A7%D8%A8[↩]
23. ”Man killed in Sulaimani Province for criticizing Islam”, Kurdistan24, 23 June 2023, https://www.kurdistan24.net/en/story/31753-Man-killed-in-Sulaimani-Province-for-criticizing-Islam [↩]
24. ”A Doctor was arrested on charges of ‘spreading atheism’, Raseef22, 12 May 2020, https://raseef22.net/article/1078278-%D8%A7%D8%B9%D8%AA%D9%82%D8%A7%D9%84-%D8%B7%D8%A8%D9%8A%D8%A8-%D8%A8%D8%AA%D9%87%D9%85%D8%A9-%D9%86%D8%B4%D8%B1-%D8%A7%D9%84%D8%A5%D9%84%D8%AD%D8%A7%D8%AF-%D8%B4%D9%87%D8%A7%D8%AF%D8%A7%D8%AA-%D8%AD%D9%88%D9%84-%D8%A7%D9%84%D9%84%D8%A7%D8%AF%D9%8A%D9%86%D9%8A%D8%A9-%D9%81%D9%8A-%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82-%D9%83%D8%B8%D8%A7%D9%87%D8%B1%D8%A9-%D8%AA%D8%AA%D9%85%D8%AF%D8%AF[↩]