| For a summary of Iraq’s review at the first cycle please click here. |
20th UPR session
Date of review: 3 November 2014
Date of report adoption: 12 December 2014
Document number: A/HRC/28/14
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SUMMARY SOGIESC issues during Iraq’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to life, liberty and security of the person
35. JS13 stated that thousands are at risk of violence and discrimination as a result of their sexual orientation, gender identity, or nonconformist social behaviour. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) people are viewed by extreme fundamentalists as violating religious tenets and wage systematic campaigns of discrimination, violence, torture, and killing against them with impunity. They noted the vaguely worded clause of Article 409 of the Penal Code, which bans materials that “violate the public integrity or decency.” Under the law, those convicted of sodomy are treated as dangerous criminals not entitled to amnesties or pardon. Gay men report frequent mistreatment by police including, “blackmail, torture, sexual abuse and theft.” They recommended combating homophobia, transphobia and misconceptions regarding LGBTI and emo persons; undertake legal and institutional reforms; ensure accountability, and prosecute those who advocate religious or other forms of hatred, hostility or violence against persons based on sexual orientation or gender identity
II. Excerpts on SOGIESC issues from the national report
Recommendations 73 and 74: Action to address extrajudicial killings on the ground of sexual orientation All criminal legislation in Iraq including Criminal Code No. 111 of 1969 and the amendments thereto prescribe extremely severe penalties for the crime of extrajudicial killing. The cases in which homosexuals were murdered or threatened were individual and not organized acts. They are usually perpetrated for religious, tribal or family motives on account of the prevalent culture in Iraqi society. The perpetrator of any murder, threat or illegal act is held accountable before the law. The General Secretariat of the Council of Ministers has created a committee to undertake a study of the situation of homosexuals in Iraq.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
14. UNAMI recommended to Iraq to undertake legal and institutional reforms to ensure that all laws and policies prohibited all forms of discrimination and promoted equality and respect for all persons, and to adopt and implement legislation to prohibit incitement to violence or discrimination, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, sexual orientation, property, birth or other status.
IV. References to SOGIESC issues during the Working Group review
No references.
V. Conclusions and/or recommendations
Iraq accepted the following recommendations:
127.98 Guarantee equality of civil and political rights. Avoid all forms of discrimination based on ethnicity, religion, gender or sexual orientation (France).
VI. Further information
You will find all documents relating to Iraq’s second review at UPR-Info and OHCHR’s websites.