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Iraq

https://www.idea.int/democracytracker/

February 2025

Personal Status Law amendments ratified

On 13 February, the President ratified amendments to the Personal Status Law (PSL). The amendments, passed by parliament on 21 January, allow Shiite Iraqis to decide whether their marriage and family matters are governed by the secular PSL or religious law. Other religious sects will remain under secular law only. As a result, the amendments create a system where family law protections may vary by sect affiliation and personal choice. The new PSL provisions require Shia religious law to set the minimum age of marriage at 18 but to also permit marriage at 15 in certain circumstances. In divorce proceedings where there is disagreement as to whether secular or religious law is to be applied, the amendments state that the husband’s preference prevails. The Shiite Endowment Office, the relevant religious authority, now has four months to draft the accompanying religious law, which must then be approved by parliament.

Sources: Official Gazette of Iraq, Parliament of Iraq, Iraqi News Agency, The National, International IDEA

October 2024

Election of new parliamentary speaker ends year-long deadlock

On 31 October, Iraq's Parliament elected Mahmoud al-Mashhadani as its new speaker, ending nearly a year of political deadlock. The position had been vacant since November 2023, when the Federal Supreme Court removed former speaker Mohammed al-Halbousi over forgery allegations. The Speaker of the Iraqi Parliament plays a key role in facilitating the effective functioning of the legislative process, managing debates and ensuring the timely passage of laws. The election of Al-Mashhadani follows months of negotiations, marking a rare moment of consensus in Iraq's divided parliament, where Sunni factions had struggled to agree on a replacement for the position, which is reserved for a Sunni Muslim.

Sources: Associated Press, The New Arab, Al Arabiya, International IDEA

August 2024

Parliament debates controversial Personal Status Law amendments
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On 4 August, Iraq’s parliament debated significant amendments to the Personal Status Law (PSL). The proposed changes would introduce an option for citizens to choose between the current secular PSL and a sect-specific religious law upon marriage. The changes have been controversial, with critics arguing that they could undermine gender equality by empowering religious authorities over civil courts. Concerns include potential legalization of child marriages and reduced divorce rights for women, as religious rulings might prevail over secular legal standards. This is the third attempt since 2014 to reform family law. The bill is supported by the Shia Coordination Framework, an alliance of Shiite parties opposing the Sadrist movement, which seeks to appeal to conservative voters ahead of the 2025 parliamentary elections. Observers caution that the bill may gain traction due to potential political maneuvering, as Sunni MPs might support it in exchange for backing on a controversial amendment to the amnesty law also undergoing parliamentary discussion.

Sources: Wilson Center, Shafaq, Brookings, The New Arab

April 2024

Iraq’s legislature passes repressive anti-LGBTQIA+ law

On 27 April, Iraq’s unicameral legislature, the House of Representatives, passed a law that severely restricts the rights of LGBTQIA+ people in the country. In wording that has been criticised for being vague and overly broad, The Law on Combating Prostitution and Homosexuality criminalises homosexuality for the first time in Iraq, prescribing a 10-to-15-year prison sentence for a person who engages in homosexual sex. It bans the promotion of homosexuality, prohibiting the activities of NGOs advocating for LGBTQIA+ rights. It also targets transgender people, criminalising those who undergo gender change procedures based on ‘desire and inclination’, as well as those who conduct such procedures. While homosexuality was not previously outlawed in Iraq, the LGBTQIA+ community has been prosecuted under morality laws and is subject to frequent violence and discrimination. Under the constitution, the Law will be considered ratified 15 days after it has been sent to the president by the legislature.

Sources: Shafaq News, British Broadcasting Corporation, The Guardian, Library of Congress, Constitution of Iraq

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Global ranking per category of democratic performance in 2023

Chevron
Representation
99/173
Rights
140/173
Rule of Law
139/173
Participation
115/173

Basic Information

Chevron
Population Tooltip
44 496 122
System of government
Parliamentary system
Head of government
Prime Minister Mohammed Shia' Al Sudani (since 2022)
Head of government party
Independent
Electoral system for lower or single chamber
Single Non-Transferable Vote
Women in lower or single chamber
29.2%
Women in upper chamber
Not applicable
Last legislative election
2021
Effective number of political parties Tooltip
5.63
Head of state
President Abdul Latif Rashid
Selection process for head of state
Indirect election (assembly)
Latest Universal Periodic Review (UPR) date
11/11/2019
Latest Universal Periodic Review (UPR) percentage of recommendations supported
82.21%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
State Party
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
Arab Charter on Human Rights
State Party
in
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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rights
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Representation
Representation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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