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POL-11

This is a proposal for discussion, not an enacted law.

Ali Zuweid's Political Programme

Proposed legislation · State, Constitution, Justice, Rights and Governance

Equality and Elimination of All Forms of Discrimination Bill

A federal legislative framework making equality an enforceable right rather than a general constitutional principle, prohibiting direct and indirect discrimination, harassment and retaliation, and regulating positive measures, reasonable accommodation and remedies, with oversight assigned to the High Commission for Human Rights instead of a new parallel authority.

Document number
POL-11
Version
1.0
Document type
Proposed legislation
Axis
State, Constitution, Justice, Rights and Governance
Publication date
6 October 2026
Last updated
6 October 2026
Scope
Republic of Iraq · Federal level within constitutional limits
Website
alizuweid.com

Executive Summary

Article (14) of the Iraqi Constitution establishes Iraqis' equality before the law without discrimination on grounds of sex, race, ethnicity, origin, colour, religion, sect, belief, opinion or economic or social status, while Article (16) guarantees equal opportunities. Non-discrimination rules also appear in sectoral laws, notably Labour Law No. (37) of 2015 and legislation on persons with disabilities, education, public employment and elections. These rules do not yet form a unified general system defining direct and indirect discrimination, establishing a common remedial standard, and regulating complaints, evidence burdens, compensation and preventive duties across the public and private sectors.

In its 2024 concluding observations on Iraq, the United Nations Committee on the Elimination of Racial Discrimination noted the absence of comprehensive anti-discrimination legislation expressly defining racial discrimination across all Convention grounds and addressing structural and multiple forms of marginalisation. Meanwhile, the Council of Representatives completed the first reading on 19 January 2025 and second reading on 25 August 2025 of the “Regulation of Minority Rights and Prevention of Discrimination Bill”, without an available official record showing a final vote or published law number by this document's date. This bill therefore treats the existing parliamentary process as a basis for integration and development, not a reason for two parallel laws.

The proposed legislative policy extends beyond minority protection alone. Equality is an individual and general right belonging to every person; minorities are among the groups needing specific safeguards within that framework. Discrimination is prohibited in public administration, employment, education, health, housing, credit, goods and services, transport, publicly accessible places and public participation, with narrow exceptions based on a legitimate purpose, necessity and proportionality. The bill also permits temporary positive measures to address actual disadvantage and makes reasonable accommodation for persons with disabilities legally binding where it does not impose a disproportionate burden.

The bill creates no new independent council or authority. It adds specific competences to the High Commission for Human Rights, established by Law No. (53) of 2008 and independent under Article (102) of the Constitution: receiving discrimination complaints, voluntary settlement, preliminary investigation, strategic litigation, codes of practice and collection of anonymised data. Binding determination of rights and compensation remains with competent courts, with lighter civil and administrative procedural rules, notably shifting the burden of proof once an affected person presents substantial facts supporting a presumption of discrimination. This shift does not apply to criminal proceedings.

The bill distinguishes discrimination from freedom of opinion and public debate. Opinions, beliefs, criticism, scientific research and political speech are not inherently discriminatory. Deliberate public advocacy of hatred constituting actual incitement to discrimination, hostility or violence is subject to constitutional and legal restrictions under necessity and proportionality standards. These provisions are coordinated with the Penal Code, proposed new Penal Code and public-freedoms file, preventing equality legislation from being used to silence opposition or legitimate criticism.

Legislative Gap and Proposed Policy

The problem is not the absence of the words “non-discrimination” in Iraqi legislation, but their fragmentation and differing procedural effects. Employees, students, patients, housing applicants and public-service users facing discrimination lack a single general route defining when different treatment is lawful, distinguishing direct from indirect discrimination, explaining how institutional discrimination is proved, and identifying appropriate measures to remove its effects.

The bill addresses this through five connected choices: unified definitions of discrimination and its forms; horizontal application to the State and private sector in defined fields; a positive public-authority duty to assess policies' equality effects; full judicial remedies with realistic evidential rules; and use of the existing independent High Commission for Human Rights rather than a newly funded permanent council.

Problems and Proposed Mechanisms
ProblemLegislative Response
Multiple non-discrimination definitions and absence of indirect discriminationUnified definitions covering direct and indirect discrimination, harassment, retaliation and multiple discrimination.
Focus on group affiliation rather than individual rightsEquality as a right for every person, with additional safeguards for minorities and groups exposed to disadvantage.
Evidential difficulty because institutions hold the informationA rebuttable presumption in civil and administrative proceedings after substantial facts are presented.
New bodies for every issueOversight assigned to the High Commission for Human Rights with a specialised internal unit.
Concern over restricting freedom of expressionA clear distinction between opinion and criticism and intentional incitement to discrimination, hostility or violence.
Merely formal protection of persons with disabilitiesTreat unjustified refusal of reasonable accommodation as discrimination.

Statement of reasons

This Law is enacted to implement Articles (14) and (16) of the Constitution on equality before the law and equal opportunities; unify protection from discrimination in public and private fields affecting rights and services; address direct and indirect discrimination, harassment, retaliation and multiple discrimination; provide effective judicial remedies; strengthen protection for persons with disabilities, minorities and other disadvantaged groups; use the existing constitutional High Commission for Human Rights rather than create a parallel apparatus; and align national legislation with binding international obligations.

Explanatory memorandum

1. Why Does Iraq Need a General Equality Law?

Constitutional and sectoral provisions do not remove the need for a horizontal law where the same questions recur across sectors: What is indirect discrimination? When is different treatment permissible? What standards justify positive measures? Is refusal of reasonable accommodation discriminatory? How can an affected person prove facts documented by an employer, university or bank? These questions require a common standard applied alongside special laws, not in their place.

The Committee on the Elimination of Racial Discrimination's 2024 observations confirm that the gap is not merely theoretical. They noted the absence of comprehensive legislation fully defining racial discrimination and covering structural, direct and indirect forms. Iraq's obligations under International Labour Organization Convention No. (111) and UNESCO's Convention against Discrimination in Education also make harmonised national standards useful to courts and executive bodies alike.

2. Relationship with the Regulation of Minority Rights and Prevention of Discrimination Bill

The Council of Representatives' published register records first reading on 19 January 2025 and second reading on 25 August 2025 of the “Regulation of Minority Rights and Prevention of Discrimination Bill”, without a final vote or Official Gazette publication recorded in data available through 6 October 2026. This advanced stage favours legislative integration rather than a parallel bill. Article (69) therefore directs referral towards a unified text if the parliamentary bill remains pending when this Law is considered.

The present bill differs on an important principle: minority protection should rest on general equality covering majorities, minorities and individuals not organisationally affiliated with any group, rather than exceptional community-only legislation. Minorities receive their constitutional cultural and administrative safeguards within that framework, reducing the risk of permanent social quota-sharing.

3. Defining Discrimination

The bill recognises direct and indirect discrimination because a practice can be formally equal yet unfair in effect. A uniform condition may unnecessarily exclude a particular group. Assessing its author's intent is insufficient; its necessity and proportionality to a legitimate aim must be examined. Conversely, the bill does not assume every unequal effect is unlawful: the body may establish objective justification and proportionality.

It also recognises multiple and intersectional discrimination, since treatment may not be explainable by one ground alone. This creates no new rights categories but enables courts to understand what actually occurred.

4. Narrow Exceptions

Equality legislation cannot mechanically equate different situations. A representative or religious role may require a particular characteristic, privacy may justify limited separate arrangements, and health protection may require different treatment. The bill therefore applies a three-part test: legitimate aim, necessity and proportionality. Customer wishes, social stereotypes and custom alone cannot justify discrimination.

5. Freedom of Religion and Expression

The Law protects equality without policing ideas. Religious institutions retain autonomy over worship and purely religious teaching, while civil roles unrelated to doctrine follow general rules. Opinions, criticism, research and political or religious speech are not discriminatory merely because shocking or controversial. The boundary is crossed when expression becomes an act depriving someone of a right, or incitement satisfying a narrow legal standard concerning discrimination, hostility or violence.

6. Work and Public Employment

The bill operates alongside rather than replaces labour law. It harmonises concepts and extends them to public employment and relationships insufficiently covered in labour legislation. It also supports equal pay for equal work or work of equal value while recognising legitimate factors such as experience, performance and working conditions.

7. Persons with Disabilities

Disability discrimination often results not from an express decision but from designing a service, place or procedure around a single assumed user. The bill makes reasonable accommodation an individual right and applies a disproportionate-burden test so the duty does not become impossible for small establishments. General accessibility standards remain in disability, building, transport and communications legislation.

8. The High Commission for Human Rights

Using the Commission addresses a recurring Iraqi legislative problem: creating a new council or authority for every issue. It is constitutionally independent and already receives human-rights complaints, investigates preliminarily and makes referrals. A specialised internal unit costs less and is more coherent than a new independent institution, while courts retain binding authority over compensation and annulment.

9. Burden of Proof

Discrimination claimants often cannot know recruitment criteria, refusal reasons or internal data. The bill draws on a comparative rule: claimants must first present substantial facts reasonably suggesting discrimination; only then must respondents explain a legitimate reason. No automatic presumption operates against employers or administrations, and the rule does not apply to criminal cases.

10. Data and Privacy

Equality monitoring needs data, yet collecting ethnic or religious identity can itself create danger. The bill therefore uses three safeguards: self-identification, data minimisation and aggregated or anonymised data wherever possible. Later detailed processing remains subject to the Personal Data Protection Law upon enactment.

Alignment with Existing Legislation

Legislation and Files Requiring Coordination
Legislation or fileProposed relationship
Iraqi Constitution 2005Implement Articles 14 and 16 and other rights and freedoms; interpretation must not expand restrictions on rights' essence.
High Commission for Human Rights Law No. 53 of 2008, as amendedAdd specialised equality competences within the Commission without creating a new legal person, respecting its constitutional independence.
Labour Law No. 37 of 2015Remains the principal sectoral employment law; this Law's definitions provide a minimum, with gaps amended where necessary.
Rights of Persons with Disabilities and Special Needs LawRemains the reference for specialised rights and services; this Law adds a general remedy for refusal of reasonable accommodation.
Penal Code No. 111 of 1969, as amendedDoes not duplicate existing sectarian or racial incitement offences; older formulations are reviewed within POL-14 for precision and consistency with freedom of expression.
Regulation of Minority Rights and Prevention of Discrimination Bill (2025)Integrate into one text if pending, placing community-specific rights within a chapter consistent with equal citizenship.
POL-12 Public Freedoms and Freedom of Expression, Assembly and JournalismDefine hate-speech and incitement limits with expression safeguards, preventing anti-discrimination measures from suppressing criticism.
POL-14 New Iraqi Penal CodePrecisely define incitement and discriminatory-motive offences and appropriate penalties.
POL-16 Civil and Commercial Procedure and Modern EvidenceAlign evidence-disclosure, presumptions and protection against abusive litigation rules.
POL-79 Rights of Persons with DisabilitiesDetail general accessibility, inclusion, equipment and specialised-service standards.
POL-85 Personal Data ProtectionRegulate sensitive religion, ethnicity, health or disability data used for equality measurement.

Implementation and Financial Impact

The bill deliberately minimises establishment costs: no new authority, permanent council or independent administration. The principal institutional burden falls on the High Commission for Human Rights through a specialised unit that can use redeployed staff and training, with additional ordinary-budget allocations possible if complaint volumes justify them.

Public bodies face limited costs for reviewing forms and procedures, training human-resources and service personnel, and equality-impact assessments for major policies. Private-sector costs vary by size; the bill therefore avoids extensive periodic reporting for small establishments and limits mandatory compliance plans to institutions above a threshold set by regulation.

Implementation Stages
PeriodObligationBody
From commencementProhibition of discrimination and retaliation; right to sueAll covered bodies
Within 180 daysIssue implementing regulations and initial codes of practiceCouncil of Ministers and Commission
Within 12 monthsAlign forms and internal policies and establish the Commission's Equality UnitPublic bodies and covered institutions
Within one yearIdentify regulatory provisions requiring amendmentGeneral Secretariat of the Council of Ministers, Ministry of Justice and Commission
Every two yearsAn anonymised national report on discrimination and compliance trendsCommission

Cost methodology: Published data do not permit precise forecasts of complaint volumes or Commission staffing needs, so the bill avoids false financial precision. Necessary appropriations should reflect actual caseload after the first operational year, prioritising reallocation of existing resources.

Brief Legislative Comparison

Comparative systems show three recurring elements valuable to Iraq. First is the distinction between direct and indirect discrimination, as in the United Kingdom's Equality Act 2010. Second is broad civil and institutional remedies rather than criminalising every discrimination case, clearly reflected in South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act 2000. Third is shifting the burden of proof after a prima facie case in civil proceedings, established in European Union anti-discrimination legislation.

The bill does not copy these models verbatim. It avoids separate “equality courts” as in South Africa because Iraq's existing competent courts can hear disputes. Nor does it copy another country's protected-characteristic list, instead grounding it in the Iraqi Constitution, operative treaties and local legislative needs.

Comparative Elements
SystemUseful elementIraqi adaptation
United Kingdom — Equality Act 2010Definitions of direct and indirect discrimination and disability-related dutiesAdopt both concepts and connect accommodation to Iraqi disability law.
European Union — Directive 2000/43/ECShift the burden of proof once facts permit a presumption of discriminationApply only in civil and administrative proceedings, excluding criminal cases.
South Africa — Equality Act 2000Horizontal legislation on equality and prevention of discrimination and harassmentUse existing courts and the Commission instead of new courts or an independent authority.

Sources and references

  1. Constitution of the Republic of Iraq 2005 — Iraqi Council of Representatives.
    Iraqi Constitution — Council of Representatives
  2. Iraqi Council of Representatives — Fifth parliamentary term legislative register, “Regulation of Minority Rights and Prevention of Discrimination Law”. The register records first reading on 19/1/2025 and second reading on 25/8/2025, without a final vote or Official Gazette law number in available data.
    Council of Representatives — Archived Parliamentary Legislation
  3. Ministry of Justice — Iraqi Official Gazette, Labour Law No. (37) of 2015. Published in issue 4386 on 9/11/2015.
    https://www.moj.gov.iq/view.1925/
  4. Ministry of Justice — Third Amendment to the High Commission for Human Rights Law No. (53) of 2008. Iraqi Official Gazette, issue 4456, 2017.
    https://moj.gov.iq/view.3395/
  5. United Nations — Committee on the Elimination of Racial Discrimination, Concluding Observations on Iraq's Combined Twenty-Sixth and Twenty-Seventh Periodic Reports, CERD/C/IRQ/CO/26-27, 2024.
    https://docs.un.org/CERD/C/IRQ/CO/26-27
  6. United Nations — Iraq's periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination, CERD/C/IRQ/26-27, 2023.
    https://docs.un.org/CERD/C/IRQ/26-27
  7. United Nations Treaty Collection — International Convention on the Elimination of All Forms of Racial Discrimination. Iraq ratified the Convention in 1970.
    https://treaties.un.org/pages/ViewDetails.aspx?chapter=4&mtdsg_no=IV-2&src=TREATY
  8. United Nations Treaty Collection — Convention on the Elimination of All Forms of Discrimination against Women. Iraq acceded in 1986 with reservations and subsequently withdrew its reservation to Article 9.
    https://treaties.un.org/pages/ViewDetails.aspx?chapter=4&mtdsg_no=IV-8&src=TREATY
  9. International Labour Organization — NORMLEX, Iraq's conventions. Includes Discrimination (Employment and Occupation) Convention No. 111 and Equal Remuneration Convention No. 100.
    https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:102974
  10. International Labour Organization — Committee of Experts, direct request concerning Convention No. 111 for Iraq, 2024/2025.
    https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID,P13100_LANG_CODE:4410739,en
  11. UNESCO — Convention against Discrimination in Education. Iraq has been a party since 28 June 1977.
    https://www.unesco.org/en/legal-affairs/convention-against-discrimination-education
  12. United Kingdom — Equality Act 2010.
    https://www.legislation.gov.uk/ukpga/2010/15
  13. European Union — Council Directive 2000/43/EC. Particularly rules on remedies and the burden of proof.
    https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000L0043
  14. South African Government — Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
    https://www.gov.za/documents/promotion-equality-and-prevention-unfair-discrimination-act

This document forms part of Ali Zuweid's Political Programme ·

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