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.[ref]”Population, total – Iraq”, World Bank Data, https://data.worldbank.org/indicator/SP.POP.TOTL?locations=IQ&most_recent_value_desc=true [/ref] 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 29 and 34% are Sunni Muslims.[ref]”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 [/ref] It is believed that around 150,000 Christians live in the country, fewer than 2,000 Baha’is.[ref]”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/[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
It is illegal or unrecognised to identify as an atheist or as non-religious
State legislation is partly derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Constitution and government
State legislation is partly derived from religious law or by religious authorities
Education and children’s rights
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Family, community, society, religious courts and tribunals
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Freedom of expression advocacy of humanist values
It is illegal or unrecognised to identify as an atheist or as non-religious
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Grave Violations
Severe Discrimination
Systemic Discrimination
More information about rating table

Constitution and government

The Constitution[ref]”Constitution of Iraq of 2005″, Constitute Project, https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en[/ref] 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.[ref]”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/[/ref]

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.[ref]”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/[/ref] 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.[ref]”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/[/ref]

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.[ref]”Constitution of Iraq of 2005″, Constitute Project, https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en[/ref]

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.[ref]”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/[/ref]

Nine out of 329 seats in the parliament are reserved for religious and ethnic minorities. There are for instance five seats reserved for Christian candidates and one each for Yezidi and Sabean-Mandean.[ref]”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/[/ref]

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, as well as of “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.[ref]”Iraq”, Human Rights Watch, https://www.hrw.org/middle-east/n-africa/iraq[/ref]

Education and children’s rights

Islamic religious instruction in 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.[ref]”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/[/ref]

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.[ref]”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/[/ref]

In Iraqi Kurdistan, the Ministry of Education funds religious instruction in schools for Muslims and Christian students.[ref]”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/[/ref]

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

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.[ref]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[/ref]

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.[ref]”Iraq” chapter in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2023[/ref]

Family, community and society

Religious discrimination

Followers of the Baha’i faith have been persecuted for many years and the practice of the faith has been prohibited by law 105 of 1970 and prescribes 10 years’ imprisonment for practicing the religion, but usually not enforced. The regional government in Kurdistan recognizes Baha’is and the federal prohibition is not enforced in the region.[ref]”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/[/ref] 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.[ref]”Bahai”, Minority Rights, https://minorityrights.org/minorities/bahai/[/ref]

ISIS was defeated. Sunnis living in areas liberated from ISIS have been able to practice their religions freely since.[ref]”Iraq” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2020[/ref] 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.[ref]”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/[/ref]

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 chargers. There is a low social tolerance of atheism which is why many atheists keep their views secret.[ref]”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[/ref]

While importing and distributing alcohol is legal for non-Muslims, it is reported that restaurants and liquor stores face harassment and attacks.[ref]”Iraq” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2020[/ref] Muslims are banned by law from consuming alcohol and are often denied permits allowing them to carry and sell alcohol.[ref]”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/[/ref] Christians continue to report fear of importing and distributing alcohol and spirits, despite receiving permits.[ref]”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/[/ref]

Family law

Citizens have, according to the Constitution, 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 judgement.  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.[ref]”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/[/ref]

The law allows non-Muslim women identified as such in official documents to marry Muslim men, however, Muslim women cannot marry non-Muslims.[ref]”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/[/ref]

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.[ref]”Iraq” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2020[/ref] 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.[ref]”Iraq” chapter in World Report 2020, Human Rights Watch, https://www.hrw.org/world-report/2020/country-chapters/iraq[/ref]

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 LGBTQ individuals, honor crimes seldom result in convictions.[ref]”Iraq” chapter in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2023[/ref]

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.[ref]”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/[/ref]

Despite advocacy from women’s rights groups, Iraq’s Parliament has not yet enacted legislation expressly prohibiting gender-based violence.[ref]”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/[/ref]

While a prohibition on same-sex sexual relations is not codified, there are several vague provisions that can be used to target the LGBTQI+ 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.[ref]”Iraq” chapter in World Report 2023, Human Rights Watch, https://www.hrw.org/world-report/2023/country-chapters/iraq[/ref]

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.”[ref]”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[/ref]

Freedom of expression, advocacy of humanist values

‘Blasphemy’ law

Iraq’s Penal Code[ref]Iraq Penal Code, Refworld, https://www.refworld.org/legal/legislation/natlegbod/1969/en/103522[/ref] 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.[ref]”Iraq” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2020[/ref]

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.[ref]”Iraq” chapter in Freedom in the World 2023, Freedom House, https://freedomhouse.org/country/iraq/freedom-world/2023[/ref]

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.”[ref]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.[/ref] As for changing one’s religion from Islam to another religion, it is not permissible, as established by several decisions of the Federal Court of Cassation.[ref]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[/ref]

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.[ref]”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[/ref]

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 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.[ref]”Iraq” chapter in World Report 2024, Human Rights Watch, https://www.hrw.org/world-report/2024/country-chapters/iraq[/ref]

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.”[ref]”Iraq”, Reporters Without Borders, https://rsf.org/en/iraq[/ref]

Highlighted cases

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

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.”[ref]”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[/ref]