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Iraq postpones the vote on a draft law that includes the death penalty for homosexual acts.

Iraq postpones the vote on a draft law that includes the death penalty for homosexual acts.

By Mounira Magdy

Published: April 15, 2024

Iraqi lawmakers postponed voting today, Monday, on a bill that includes the death penalty or life imprisonment for homosexual relations— a measure that Western diplomats said could have dire consequences for political and economic relations in Iraq if enacted.

The parliament convened on Monday, and the bill—which is an amendment to the anti-prostitution law—was second on its agenda.

It imposes a life sentence or death penalty on anyone practicing homosexual relations or exchanging their spouse with someone else for sexual purposes.

It also prohibits the promotion of homosexuality, with violations punishable by at least seven years in prison.

Two lawmakers said in the session that the vote was delayed due to time constraints, and that some disputes still exist regarding the proposed amendments.

Currently, Iraq, which has a Muslim majority, does not explicitly criminalize same-sex relations, but specific moral clauses have been loosely used in the penal code to target individuals from the LGBTQ2S+ community.

Major Iraqi parties intensified their criticism of LGBTQ rights last year, with rainbow flags being repeatedly burned during protests by the ruling conservative Shiite factions and opposition last year.

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

One senior diplomat, who requested anonymity due to the sensitivity of the topic, said, "It would be extremely difficult to justify working closely with such a state domestically."

He added, "We have been very clear: If this law is passed in its current form, it will have catastrophic consequences for our bilateral relations and our trade and economic relations."

The parliament was meeting to vote on the bill just hours before Prime Minister Mohammed Shia' al-Sudani was scheduled to meet with U.S. President Joe Biden in Washington on a trip focused on pressing for more American investments.

More than 60 countries criminalize homosexual acts, while same-sex sexual practices are legal in over 130 countries, according to Our World in Data.

When Uganda enacted a law in May 2023 that included the death penalty for certain homosexual acts, the World Bank halted new lending to the East African nation, and the United States announced visa and travel restrictions against Ugandan officials.

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