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Human rights in Iraqi Kurdistan refer to the human rights issue in the autonomous area of Kurdistan Region.
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Human rights in Iraqi Kurdistan refer to the human rights issue in the autonomous area of Kurdistan Region.
Although the Kurdish regional parliament has officially recognised other minorities such as Assyrians, Turkmen, Arabs, Armenians, Mandeans, Shabaks and Yezidis, and guarantees equality, there have been multiple accusations of attempts to "kurdify" them. The Assyrians have reported Kurdish officials reluctance in rebuilding Assyrian villages in their region while constructing more settlements for the Kurds affected during the Anfal campaign. [1] In 2008, members of ADM stated that the positions reserved for minorities in the Kurdish parliament were appointed by Kurds as the Assyrians for example had no possibility to nominate their own candidates. [2]
The Kurdish regional government, mainly entities that belong to the Kurdistan Democratic Party, have been accused of trying to "kurdify" some regions where Kurds are not majority, such as the Nineveh Plains and Kirkuk by providing financial support for Kurds who want to settle in those areas. [3] [4]
Human Rights Watch reported that Christian and other minorities have been victimized by Kurdish authorities’ heavy handed tactics, "including arbitrary arrests and detentions, and intimidation, directed at anyone resistant to Kurdish expansionist plans". To incorporate Nineveh other Christian lands into Kurdish territory, it was claimed Kurds have offered minorities inducements while at the same time "wielding repression in order to keep them in tow". It was alleged by some Assyrian groups that the systematic and widespread attacks on Christians that took place in 2008 in and near Mosul were committed with KRG responsibility "with the aim of undermining confidence in the central government’s security forces" and at the same time strengthening confidence in the KRG. During the killings of Christians in Mosul, the Kurdish-dominated security forces seemed unable to stop the attacks. Those allegations were denied by the KRG, and the perpetrators have not been found. HRW also stated that "KRG authorities have relied on intimidation, threats, and arbitrary arrests and detentions, more than actual violence, in their efforts to secure support of minority communities for their agenda regarding the disputed territories". A Chaldo-Assyrian leader described the Kurdish campaign to Human Rights Watch as “the overarching, omnipresent reach of a highly effective and authoritarian regime that has much of the population under control through fear. During important elections, threats against minority community politicians and voters were reported. [5]
In 2015, many Kurdish young men, in anger at the increasing number of Arabs in Iraqi Kurdistan and the Kurdish government's open-door policy, began a mass protest, starting in Erbil's Arab Quarter. Protestors chanted "Arabs are traitors" and other Anti-Arab chants while they marched, while stopping near known Arab homes or businesses and intensifying their chants, with some even throwing stones at the buildings and windows, until Kurdish Police attacked the protesters with tazers and batons. [6]
After the liberation of Makhmur from ISIS, Kurdish Security officers were criticised for not allowing displaced Arabs to return to the town. [7]
The prominent Kurdish poet Goran brought women's rights to the Iraqi Kurdish literature in the early 20th century. Goran denounced discrimination and violence against women. The first journal for Kurdish women, Dengî Afiret "Woman's Voice", was published in 1953. Following the overthrow of monarchy in 1958, the Union of Kurdish Women lobbied for legal reform in the Iraqi civil law and it succeeded in bringing marriage under civil control and abolishing honor killing. Honor killings was serious problem among Muslim communities until Iraq illegalized it. The first female judge in the Middle East was a Kurdish woman named Zakiyya Hakki who was appointed by Abd al-Karim Qasim. She later became part of the leadership of KDP. [8]
After the establishment of KRG, women were able to form their own organizations and several women became ministers in the cabinet of local government. In September 2003, Nasrin Berwari was appointed to the 25-member Iraq provisional cabinet as minister of municipalities and public works, and in June 2004, she was among six women named to the 30-member transitional cabinet and in April 2005 was named permanently to that post. [8] However, in the assessment of Dr. Choman Hardi, the director of the Center of Gender and Development at the American University of Iraq - Sulaimani, "although the Kurdistan Regional Government wants to appear progressive and democratic, by granting women their rights, it's still quite superficial and women play a marginal role." [9]
Kurdish women's rights and equality have improved in the 21st century due to progressive movements within Kurdish society and new laws. Despite the progress, Kurdish and international women's rights organizations still report problems related to gender equality, forced marriages, honor killings and female genital mutilation (FGM) in Iraqi Kurdistan. Different organizations have described the situation differently, sometimes giving conflicting statements.
In 2009 Human Rights Watch found that health providers in Iraqi Kurdistan were involved in both performing and promoting misinformation about the practice of female genital mutilation. Girls and women receive conflicting and inaccurate messages from media campaigns and medical personnel on its consequences. [10] The Kurdistan parliament in 2008 passed a draft law outlawing the practice, but the ministerial decree necessary to implement it, expected in February 2009, was cancelled. [11] As reported to the Centre for Islamic Pluralism by the non-governmental organization, called as Stop FGM in Kurdistan, the Kurdistan Regional Government in northern Iraq, on 25 November, officially admitted the wide prevalence in the territory of female genital mutilation (FGM). Recognition by the KRG of the frequency of this custom among Kurds came during a conference program commemorating the International Day for the Elimination of Violence Against Women. [12] On 27 November 2010, the Kurdish government officially admitted to violence against women in Kurdistan and began taking serious measures. [13] 21 June 2011 The Family Violence Bill was approved by the Kurdistan Parliament, it includes several provisions criminalizing the practice. [14] A 2011 Kurdish law criminalized FGM practice in Iraqi Kurdistan and law was accepted four years later. [15] [16] [17] The studies have shown that there is a trend of general decline of FGM. [18]
LGBT rights in Iraqi Kurdistan | |
|---|---|
 | |
| Status | Legal |
| Military | Unknown |
| Discrimination protections | No anti-discrimination laws enacted |
| Family rights | |
| Recognition of relationships | Same-sex relationships Illegal, marriage not allowed |
| Adoption | Not allowed |
The rights of the LGBT community (Lesbian, Gay, Bisexual, and Transgender) in Iraqi Kurdistan have been a topic of public debate since 2016, when the LGBT+ movement gained momentum with the efforts of organizations such as IraQueer, [19] Rasan, and the Lava Foundation (later rebranding as Yeksani in 2021). [20]
The parliament of Kurdistan Region is considering criminalizing individuals, organizations and media outlets that "promote homosexuality" and stated that anyone either by an action or speech, to promote or urge for homosexuality, would be sentenced to imprisonment, for a minimum period of one month up to one year, a financial fine from 500,000 dinars up to five million dinars, or both punishments," reads article one of the bill. [21]
Despite the work of these organizations, LGBT identities are considered taboo and often result in hate crimes. The registration of organizations solely dedicated to LGBT rights is illegal, as the Directorate of Non-Governmental Organizations denies registration, citing Article 393 of the Iraqi Penal Code, which is used to detain LGBT individuals even though it was intended for non-consensual sex and not specifically homosexuality. [22]
Activists and members of the LGBT community face discrimination and social stigma, with religious conservatives using the "people of lot" story to sway public opinion against them. While some organizations advocate for LGBT rights through education and awareness campaigns and international pressure, the LGBT movement in the region is in its early stages and faces widespread public disapproval. This is attributed to the lack of understanding and awareness of gender and sexuality issues. [23]
There are no anti-discrimination laws for LGBT individuals, leaving them vulnerable to hate crimes and discrimination in housing, employment, and other aspects of life. Civil society organizations offer individual assistance, such as psychosocial services and emergency assistance to leave the region, but few publicly advocate for LGBT rights. [24] There are no LGBT representatives in politics.
On February 22, 2021, it was announced that a lawsuit was filed against Rasan by an MP of an Islamist political fraction called Komal (Kurdistan Justice Group) locally because the organization advocated for LGBT+ rights locally, and according to him, this was a "against the values of the Kurdish culture." [25] [26] [27] On January 5, 2023, Yeksani reported that Ali Hama Saleh, a Kurdish politician, had filed a complaint against them at the General Attorney, because they publicly advocate for LGBT+ rights. [28]
On September 4, members of the Kurdistan Regional Government in Iraq proposed a bill to the Parliament that, if approved, would penalize individuals or groups who advocate for the rights of the lesbian, gay, bisexual, and transgender (LGBT) community. The proposed "Bill on the Prohibition of Promoting Homosexuality" states that individuals who promote LGBT rights or homosexuality would face a maximum sentence of one year in prison and a fine of up to five million dinars. Additionally, the bill would temporarily revoke the licenses of media companies and civil society organizations that promote homosexuality for a period of up to one month. The bill has reportedly gained support among parliament members. [29]
The Directorate of Non-Governmental Organizations based in Erbil has threatened to revoke the licenses of organizations advocating for LGBT+ rights or providing any support or assistance to members of the LGBT+ community in the region, threatening peaceful assembly of the marginalized LGBT+ community. [28]
Human rights in post-invasion Iraq have been the subject of concerns and controversies since the 2003 U.S. invasion. Concerns have been expressed about conduct by insurgents, the U.S.-led coalition forces and the Iraqi government. The U.S. is investigating several allegations of violations of international and internal standards of conduct in isolated incidents by its own forces and contractors. The UK is also conducting investigations of alleged human rights abuses by its forces. War crime tribunals and criminal prosecution of the numerous crimes by insurgents are likely years away. In late February 2009, the U.S. State Department released a report on the human rights situation in Iraq, looking back on the prior year (2008).
Human rights in pre-Saddam Iraq were often lacking to various degrees among the various regimes that ruled the country. Human rights abuses in the country predated the rule of Saddam Hussein.
In Iraq, lesbian, gay, bisexual, transgender (LGBT) individuals are subject to widespread discrimination. Openly gay men are not permitted to serve in the military and same-sex marriage or civil unions are illegal. LGBT people do not have any legal protections against discrimination and are frequently victims of vigilante justice and honor killings.
Ankawa is a suburb of Erbil in the Kurdistan Region of Iraq. It is located 8 kilometres (5 mi) northwest of downtown Erbil. The suburb is predominantly populated by Assyrians, most of whom adhere to the Chaldean Catholic Church.
Iraqi Assyrians are an ethnic and linguistic minority group, indigenous to Upper Mesopotamia. Assyrians in Iraq are those Assyrians still residing in the country of Iraq, and those in the Assyrian diaspora who are of Iraqi-Assyrian heritage. They share a common history and ethnic identity, rooted in shared linguistic, cultural and religious traditions, with Assyrians in Iran, Assyrians in Turkey and Assyrians in Syria, as well as with the Assyrian diaspora. Assyrian diaspora in Detroit, Areas with large expat populations include Chicago and Sydney.
Kurdistan Region is an autonomous administrative entity within the Republic of Iraq. It comprises four Kurdish-majority divisions of Arab-majority Iraq: the Erbil Governorate, the Sulaymaniyah Governorate, the Duhok Governorate, and Halabja Governorate. The KRI is bordered by Iran to the east, by Turkey to the north, and by Syria to the west. It does not govern all of Iraqi Kurdistan, and lays claim to the disputed territories of northern Iraq; these territories have a predominantly non-Arab population and were subject to the Ba'athist Arabization campaigns throughout the late 20th century. Though the KRI's autonomy was realized in 1992, one year after Iraq's defeat in the Gulf War, these northern territories remain contested between the Kurdistan Regional Government and the Government of Iraq to the present day. In light of the dispute, the KRI's constitution declares the city of Kirkuk as the capital of Iraqi Kurdistan. However, the KRI does not control Kirkuk, and the Kurdistan Region Parliament is based in Erbil. In 2014, when the Syria-based Islamic State began their Northern Iraq offensive and invaded the country, the Iraqi Armed Forces retreated from most of the disputed territories. The KRI's Peshmerga then entered and took control of them for the duration of the War in Iraq (2013–2017). In October 2017, following the defeat of the Islamic State, the Iraqi Armed Forces attacked the Peshmerga and reasserted control over the disputed territories.
Kurdish women have traditionally played important roles in Kurdish society and politics. In general, Kurdish women's rights and equality have improved dramatically in the 21st century due to progressive movements within Kurdish society. However, despite the progress, Kurdish and international women's rights organizations still report problems related to gender inequality, forced marriages, honor killings, and in Iraqi Kurdistan, female genital mutilation (FGM).
Kurdification is a cultural change in which people, territory, or language become Kurdish. This can happen both naturally or as a deliberate government policy.
The Parliament of Kurdistan, also called the Kurdish Parliament (IKP), is the parliament of the Kurdistan Region in Iraq. It is made up of representatives from the various parties, lists or slates that are elected every four years by the inhabitants of the provinces of Kurdistan Region currently governed by the Kurdistan Regional Government. In 2009 an amendment was applied to the Kurdistan Election Law of the year 1992, and since then the body was referred to as Kurdish Parliament instead of its previous name the Kurdish National Assembly.
The Christians of Iraq are considered to be one of the oldest continuous Christian communities in the world.
Kurdish nationalism is a nationalist political movement which asserts that Kurds are a nation and espouses the creation of an independent Kurdistan from Iran, Iraq, Syria, and Turkey.
The status of women in Iraq at the beginning of the 21st century is affected by many factors: wars, sectarian religious debates concerning Islamic law and Iraq's Constitution, cultural traditions, and modern secularism. Hundreds of thousands of Iraqi women are widowed as a result of a series of wars and internal conflicts. Women's rights organizations struggle against harassment and intimidation, while they work to promote improvements to women's status in the law, in education, the workplace, and many other spheres of Iraqi life, and to curtail abusive practices such as honor killings and forced marriages.
Female genital mutilation (FGM), also known as female genital cutting (FGC), female genital mutilation/cutting (FGM/C) and female circumcision, is practiced in 30 countries in western, eastern, and north-eastern Africa, in parts of the Middle East and Asia, and within some immigrant communities in Europe, North America and Australia. The WHO defines the practice as "all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons."
Asuda for Combating Violence against Women is a women's rights NGO operating in Iraqi Kurdistan. The term Asuda means: "providing comfort".
An independence referendum for the Kurdistan Region of Iraq was held on 25 September 2017, with preliminary results showing approximately 92.73 percent of votes cast in favour of independence. Despite reporting that the independence referendum would be non-binding, the autonomous Kurdistan Regional Government (KRG) characterised it as binding, although they claimed that an affirmative result would trigger the start of state building and negotiations with Iraq rather than an immediate declaration of independence of Kurdistan. The referendum's legality was rejected by the federal government of Iraq.
Between 1968 and 2003, the ruling Arab Socialist Ba'ath Party of the Iraqi Republic perpetrated multiple campaigns of demographic engineering against the country's non-Arabs. While Arabs constitute the majority of Iraq's population as a whole, they are not the majority in parts of northern Iraq, and a minority in Iraqi Kurdistan. In an attempt to Arabize the north, the Iraqi government pursued a policy of ethnic cleansing and settler colonialism, killing and forcefully displacing a large number of Iraqi minorities—predominantly Kurds, but also Turkmen, Yazidis, Assyrians, Shabaks, Mandaeans, and Armenians, among others—and subsequently allotting the cleared land to Arab settlers. In 1978 and 1979 alone, 600 Kurdish villages were burned down and around 200,000 Kurds were deported to other parts of Iraq.
The Sons of Mesopotamia, also known as Abnaa Al-Nahrain and Bnay Nahrain, is an ethnic Assyrian political party based in northern Iraq. It was founded in 2013, and is headquartered in Erbil, Iraq. Established to further the political objectives of the Assyrian people in Iraq, the party currently holds no seats in the Kurdistan Region Parliament. According to its official website, the party exists as a renewed commitment to the Assyrian national cause, for the betterment of the Assyrian people, and to advance their struggle for legitimate rights in Iraq.
Hurmiz Malik Chikko, also sometimes spelled Hormiz Malek Chikko, was an Assyrian advocate and army leader. He led the Assyrian armed struggle against the ruling Ba'ath Party in Iraq from the late 1950s until his death in 1963 and promoted Assyrian autonomy in the Nineveh Plains during his life.
Rasan was a Kurdish non-governmental human rights organization that was established in 2004 in Sulaymaniyah, Kurdistan Region, Iraq. Rasan focused on LGBT rights and women's rights. The organization ran projects that focused on coexistence and social cohesion through the use of arts, social awareness, focus groups, livelihood projects, seminars, workshops, training, and action plans. Rasan engaged community leaders from different sectors in community forums on gender identity, equality and coexistence.
Zhiar Ali is a former animal rights activist and a Kurdish advocate for LGBT rights. He presently resides in the Netherlands after having been based in Sulaymaniyah, Iraq. In Iraqi Kurdistan, Ali is well known for his contributions to LGBT rights, including founding Yeksani, a group that works to promote LGBT rights in the Kurdistan Region. He is currently Yeksani's executive director and was a founding member of Kurdistan Vegans, Iraq's first pro-vegan animal rights group. Additionally, he has worked as a freelance journalist for news outlets, specialising in music journalism as well as political and social concerns.
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