11.03.2008 - Source: US Department of State

Main drives in sectarian violence in 2007 ("Country Report on Human Rights Practices 2007") [ID 23621]

"Sectarian, ethnic and extremist violence, coupled with weak government performance in upholding the rule of law, resulted in widespread, severe, human rights abuses. On one side, Sunni Arab extremist groups such as the terrorist organization Al-Qa'ida in Iraq (AQI) and other extremist elements launched attacks against Shi'a and other Sunnis, fueling sectarian tensions and undermining the government's ability to maintain law and order. On the other side, predominantly Shi'a armed paramilitary groups, some substantially incorporated into the ISF, also frequently killed and forced Sunnis to leave their homes and move to predominantly Sunni areas. Religious minorities, sometimes labeled "anti-Islamic," were caught in the violence. Extremists and AQI conducted high-profile bombings of Shi'a markets and mosques and killed Shi'a religious pilgrims. Death squads, individuals carrying out reprisal killings, and terrorist groups attacked and killed ordinary citizens as well as prominent officials, often on a sectarian basis. Amidst attacks, which caused thousands of deaths, Shi'a armed groups fought each other for control of the nine provinces in the South, especially in Basrah. Insurgents also carried out a number of attacks against civilians in the North, where there were also conflicts among ethnic groups. During the year, despite some reconciliation and easing of tensions in several provinces, the government's human rights performance fell consistently short of according citizens the protections provided for by the law."

Document(s): Open document

11.03.2008 - Source: US Department of State

Constitutional freedom of religion opposed by pressure exerted by private conservative and radical Islamic elements ("Country Report on Human Rights Practices 2007") [ID 23787]

"The constitution proclaims Islam as the official religion of the state. While providing for full religious rights for all individuals "such as Christians, Yazidis, and Mandean Sabeans," the constitution also stipulates that no law may be enacted that contradicts the established provisions of Islam. While the government generally respected the right of individuals to worship according to thought, conscience, and belief, private conservative and radical Islamic elements continued to exert tremendous pressure on other groups to conform to extremist interpretations of Islam's precepts. In addition, frequent attacks on places of worship, as well as sectarian violence, hampered the ability of citizens to practice their religion freely."

Document(s): Open document

11.03.2008 - Source: US Department of State

Religiously-based employment discrimination in ministries ("Country Report on Human Rights Practices 2007") [ID 23791]

"During the year there were a number of reports indicating that employees and managers within ministries expressly or indirectly pressured women to wear veils as a requirement for work, regardless of the individual's religious affiliation.

There were also allegations of religiously based employment discrimination during the year. Several ministries reportedly hired and favored employees who conformed to the religious preference of the respective minister.

Religious groups are required to register with the government. The requirements include having at least 500 followers. Non-Muslims complained that although the government recognized their religious holidays by law, in practice they were generally disregarded."

Document(s): Open document

11.03.2008 - Source: US Department of State

Common practice of religiously motivated threats against residents, urging them to leave their homes ("Country Report on Human Rights Practices 2007") [ID 23811]

"Threat letters targeting residents based on their religious affiliation were fairly common for almost all religious denominations. Numerous reports indicated that Sunni Arabs, Shi'a Arabs, and Christians received death letters identifying them by sect and urging them to leave their homes or face death. These threats fueled large-scale internal displacement based on religious or ethnic affiliation."

Document(s): Open document

08.2007 - Source: UN High Commissioner for Refugees

Freedom of religion in the Iraqi constitution ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Iraqi Asylum-seekers") [ID 22462]

"Article 2 and Article 40 of the Iraqi Constitution guarantee religious rights and freedom of religious practices and worship for all individuals as well as administration of religious endowments. The protection of Shi’ite religious rites is specifically mentioned in Article 40. At the same time, Article 2 guarantees the Islamic identity of the “majority of the Iraqi people” and provides that Islam is the official religion of the State and a basic source of legislation. The provision provides specifically that no law may be enacted contrary to “established provisions of Islam”. The interpretation of the scope and legal meaning of the “established provisions of Islam” remains ambiguous, and, based on analysis of the Constitution’s provisions, it will likely be tasked to the Federal Supreme Court, the highest court of the land, which according to Article 93(2) has jurisdiction over “(i)nterpreting the provisions of the Constitution”. Until this is clarified, the scope of protection of non-Islamic religious practices, provided by Article 2 and Article 40 remains unclear. In particular, this pertains to the teaching of non-Islamic faiths to Muslims, blasphemy, conversion of Muslims to other beliefs and activities considered as contrary to the Islamic religion.
The prominence given to the Islamic faith and the Islamic identity of the state would also appear to be at odds with Article 14 which provides for equality before the law of all Iraqis without discrimination on basis of “sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status”. It is therefore unclear the extent to which non-Muslims are protected under the Constitution against serious discrimination by the Muslim majority. [Sec.II/B/1/pp.29]"

Document(s): Open document

08.2007 - Source: UN High Commissioner for Refugees

Converts from Islam to Christianity face punishment according to Shari'a law; state of Iraq does not recognise conversions from Islam to Christianity; impunity of crimes against converts ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Iraqi Asylum-seekers") [ID 23122]

"According to Shari’a Law, a Muslim who converts to Christianity is considered an apostate and the punishment can be execution. Although the Qur’an threatens apostates with eternal retribution, it does not clearly specify any punishment in this world. Rather, the punishment for apostasy is found in the Hadith (the written record of Prophet Mohammed’s words and deeds). Although some contemporary Islamic scholars have repudiated the traditional interpretation that the punishment required for apostasy is death, it is still widely held. While there are no Shari’a courts in Iraq that could sentence a convert to death, individual actors may take matters into their own hands and carry out attacks against converts.

Although not forbidden by law, the State of Iraq does not recognize conversions from Islam to Christianity or to other religions. Converts have no legal means to register their change in religious status. Iraq’s Personal Status Law (Law No. 188 of 1959) denies converts any inheritance rights. Furthermore, Muslims who convert to Christianity may, in practice, be subject to other forms of severe discrimination, as their family/community may force their spouses into divorce or confiscate their properties. In addition they are reportedly often harassed by government officials and police.

It is highly unlikely that a crime committed against a convert, be it by his/her family or by Islamist groups, would be properly investigated and prosecuted in Iraq, either in Central/Southern Iraq or the three Northern Governorates under administration of the KRG. In Central/Southern Iraq, the police are unlikely to provide protection, perhaps due to lack of personnel/equipment, fear of armed Islamist groups or sympathy with the perpetrators. In the KRG-administered areas, the general population does not tolerate a Muslim’s conversion to Christianity and, accordingly, law enforcement organs are unwilling to interfere and provide protection to a convert at risk."

Document(s): Open document

06.2007 - Source: Freedom House

Freedom of religion generally respected by the government; all religious communities were threatened by sectarian violence in 2006 ("Freedom in the World 2007") [ID 20728]

"Freedom of religion is guaranteed by the constitution and generally respected by the government. Mosques, churches, and other religious institutions are allowed to operate with little formal oversight. However, all religious communities in Iraq were threatened by sectarian violence in 2006. Following the bombing of al-Askari shrine in February, sectarian fighting erupted in much of the country and has not abated since. Thousands of Iraqis have been killed by death squads, insurgents, and militias. Members of both major sects and other groups have been driven from mixed or isolated neighborhoods because of sectarian tension and violence."

Document(s): Open document

04.01.2007 - Source: Integrated Regional Information Network

Spiralling sectarian violence has threatened the decades-long peaceful coexistence in Iraq between members of different religions, sects and tribes ("Minorities living tormented days under sectarian violence") [ID 20195]

"In Syria alone, the UNHCR official said 36 percent of the roughly 700,000 Iraqi refugees who arrived there between October 2003 and March 2005 were members of religious minorities.

Iraq's religious minorities include Chaldean Catholics, Eastern Rite Catholics, Orthodox, Assyrian, Syriac, Sabaean-Mandeans, Kaka’I [sometimes known as Ahl-e-Haqq], Armenians, Yazidis, Bahais, and Hebrews.

According to Iraq’s last census in 1987 there were 1.4 million Christians in Iraq at that time. But, the Ministry of Migration and Displacement has said that nearly half of that population has fled Iraq since 2003."

Document(s): Open document

15.03.2005 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report of the Special Rapporteur on freedom of religion or belief ("Report of Asma Jahangir, Special Rapporteur on freedom of religion or belief - Summary of cases transmitted to Governments and replies received (E/CN.4/2005/61/Add.1)") [#30271],  [ID 10143]

Document(s): Open document

09.09.2003 - Source: International Crisis Group

Report focused on growing nationalism, religious polarisation, strengthened Shiite religious activism, increased power for locally-based groups and Iraqui shiism ("Iraq’s Shiites Under Occupation") [#15905],  [ID 10145]

Document(s): Open document