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.
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.
Constitutional and legal context
The bill rests on complementary constitutional provisions: Article (14) on equality before the law; Article (16) on equal opportunities; Article (20) on participation in public affairs and political rights; Article (22) on work; Article (34) on education; Article (37) protecting dignity and freedom; Article (41) on personal-status arrangements according to religions, sects, beliefs or choice; Articles (42) and (43) on freedom of thought, conscience, belief and religious practice; and Article (46), permitting restrictions on rights and freedoms only by law and without impairing their essence. Article (125) also guarantees the administrative, political, cultural and educational rights of different ethnic communities.
Iraq does not start from an institutional vacuum. The High Commission for Human Rights exists under Law No. (53) of 2008, subsequently amended, and the Federal Supreme Court held certain provisions “linking” it to the Council of Representatives unconstitutional, confirming independence under Article (102). Labour Law No. (37) of 2015 contains employment non-discrimination rules, although observations by the International Labour Organization's Committee of Experts continue to indicate a need for greater clarity on certain grounds and the extent of effective protection.
Internationally, Iraq is party to the International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination against Women, Convention on the Rights of Persons with Disabilities, International Labour Organization Discrimination (Employment and Occupation) Convention No. (111), Equal Remuneration Convention No. (100), and UNESCO Convention against Discrimination in Education. These obligations provide an additional basis for harmonising definitions and remedies within Iraq's constitutional system.
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.
| Problem | Legislative Response |
|---|---|
| Multiple non-discrimination definitions and absence of indirect discrimination | Unified definitions covering direct and indirect discrimination, harassment, retaliation and multiple discrimination. |
| Focus on group affiliation rather than individual rights | Equality as a right for every person, with additional safeguards for minorities and groups exposed to disadvantage. |
| Evidential difficulty because institutions hold the information | A rebuttable presumption in civil and administrative proceedings after substantial facts are presented. |
| New bodies for every issue | Oversight assigned to the High Commission for Human Rights with a specialised internal unit. |
| Concern over restricting freedom of expression | A clear distinction between opinion and criticism and intentional incitement to discrimination, hostility or violence. |
| Merely formal protection of persons with disabilities | Treat unjustified refusal of reasonable accommodation as discrimination. |
Text of the bill
In the name of the people, and pursuant to Articles (61/First) and (73/Third) of the Constitution of the Republic of Iraq, the following Law is enacted:
Chapter One — Definitions, Objectives and Scope
Article (1) — Title of the Law
This Law shall be called the “Equality and Elimination of All Forms of Discrimination Law”.
Article (2) — Objectives
This Law aims to:
- Give effect to equality before the law, equal opportunities and protection of human dignity.
- Prevent discrimination in the public and private sectors in the fields regulated herein.
- Provide effective prevention, complaint and remedy mechanisms and remove discrimination's effects.
- Promote equal citizenship, diversity and social cohesion without permanently favouring one group over another.
- Align national legislation with international obligations binding on the Republic of Iraq.
Article (3) — Definitions
For the purposes of this Law, the following expressions shall have the meanings set out below:
- Direct discrimination: Treating a person less favourably than another in a comparable situation because of a protected characteristic.
- Indirect discrimination: An apparently neutral provision, criterion or practice placing persons with a protected characteristic at a particular disadvantage, unless necessary and proportionate to a legitimate aim.
- Discriminatory harassment: Unwanted conduct related to a protected characteristic whose purpose or effect, assessed objectively and in context, is to violate dignity or create an intimidating, hostile, degrading or humiliating environment.
- Retaliation: Any adverse action against someone for making a complaint, giving evidence, providing assistance or lawfully opposing discrimination.
- Multiple or intersectional discrimination: Discrimination based on several protected characteristics simultaneously or through their interaction.
- Reasonable accommodation: Necessary and appropriate modification or adjustment in an individual case enabling a person with a disability to enjoy a right or service equally, without imposing a disproportionate or unjustified burden.
- Positive measure: A specific, proportionate measure addressing actual or historical disadvantage or underrepresentation, ending when its objective justification ceases.
- Commission: The High Commission for Human Rights established by Law No. (53) of 2008.
- Public body: Any ministry, body not attached to a ministry, independent body, governorate, administrative unit, institution, public company or public-service assignee insofar as performing a public function.
Article (4) — Protected Characteristics
First — Discrimination is prohibited on grounds of sex, race, ethnicity, national or ethnic origin, origin, colour, language, religion, sect, belief, opinion, economic or social status, disability, age, health status, pregnancy, motherhood, family status, nationality, statelessness, birth or any other personal or social characteristic that constitutionally or legally may not justify diminishing rights.
Second — Protection covers actual or perceived characteristics and association with a person or group possessing a protected characteristic.
Third — This provision creates no right absent from the Constitution or law, but prevents a protected characteristic being used to diminish an already established right, benefit or service.
Article (5) — Protected Persons
Protection applies to every natural person under the Republic of Iraq's jurisdiction regarding civil rights, services and dealings for which Iraqi nationality is not legally required. Political rights and positions requiring nationality remain confined to citizens under the Constitution and law.
Article (6) — Institutional Scope
This Law applies to public bodies and private-sector natural and legal persons in the specified fields, and to regions and governorates insofar as federal competences and constitutional rights are concerned, without prejudice to a region's power to provide greater protection within its constitutional competence.
Article (7) — Higher-Protection Rule
This Law shall not reduce existing protection under the Constitution, special legislation or an operative international treaty. The more protective provision shall apply where compatible with the constitutional system.
Article (8) — Interpretation
This Law shall be interpreted to achieve substantive equality while respecting the essence of constitutional freedoms, legality, proportionality and the constitutional distribution of powers between levels of government.
Chapter Two — General Equality Rules
Article (9) — General Prohibition
No covered body may discriminate in granting a right, service, benefit or opportunity, or imposing a burden, condition or penalty, because of a protected characteristic, except under an express, lawful and proportionate exception in this Law or constitutionally consistent special legislation.
Article (10) — Instructions and Assistance to Discriminate
Issuing instructions or orders for unlawful discrimination, applying material or administrative pressure to induce another person to discriminate, or providing substantial assistance with knowledge of the discriminatory purpose is prohibited.
Article (11) — Harassment and Hostile Environments
Discriminatory harassment is prohibited in employment, education, services and publicly accessible places. Assessment shall consider the conduct's nature, frequency, severity, context and power relationships. Subjective feelings alone are insufficient without an objectively foreseeable effect.
Article (12) — Retaliation
Adverse action is prohibited against anyone who in good faith complains of discrimination, participates in an investigation or proceedings, supplies information or opposes a discriminatory practice. Protection excludes malicious reports proven to contain deliberately fabricated facts.
Article (13) — Lawful Differences in Treatment
Different treatment shall not constitute discrimination where it is:
- Provided by a law pursuing a legitimate aim and consistent with the Constitution; or
- Necessary for a genuine, essential requirement of a particular job or service that cannot be achieved by a less restrictive means; or
- A positive measure satisfying this Law; or
- A special arrangement protecting privacy, safety or health, proportionate and preserving reasonable equivalent alternatives for the affected group.
Article (14) — Genuine Occupational Requirements
An employer may require a particular characteristic where the job's nature makes it a genuine, essential and proportionate occupational requirement; the employer bears the burden of proof. This exception shall not cover customer preferences, stereotypes or unnecessary professional customs.
Article (15) — Religious Institutions
This Law shall not prejudice religious and sectarian institutions' freedom to organise purely worship-related or religious-teaching positions under their beliefs and applicable laws. The exception is confined to roles where the religious or sectarian characteristic is essential and does not extend to administrative or service roles not requiring it.
Chapter Three — Duties of Public Authorities
Article (16) — Equality Duty
When preparing policies, regulations, instructions and general decisions, every public body shall consider their effects on equality, equal opportunities and discrimination prevention, documenting assessments for decisions with broad effects under rules issued by the Council of Ministers in coordination with the Commission.
Article (17) — Individual Decisions
An individual administrative decision shall not expressly or implicitly rely on a protected characteristic unless legally permitted for a legitimate purpose. An affected person may request reasons under the Administrative Procedure Law. Failure to explain selection criteria shall be an indication the court may assess with other evidence.
Article (18) — Public Procurement and Contracts
Public procurement and contract documents shall contain reasonable conditions requiring non-discrimination in performance, employment and delivery of the contracted service. Serious or repeated violations may constitute contractual breach under public-procurement law.
Article (19) — Access to Public Services
Public services shall use published, objective criteria. A protected characteristic shall not justify refusal, delay, additional fees or requirements. Special arrangements may assist groups needing extra support where necessary for substantive equality.
Article (20) — Language and Communication
Public bodies shall respect constitutional and statutory language rights and make reasonable communication arrangements for persons whose language or disability impedes access to an essential service, according to the service, available resources and scale of need, without an unlimited general obligation to use every language in every institution.
Chapter Four — Equality in Work and Employment
Article (21) — Scope of Employment Protection
Discrimination is prohibited in job advertising, recruitment, testing, appointment, pay, benefits, training, promotion, transfer, assessment, discipline, termination, retirement and all employment-related conditions or practices in public and private sectors, subject to special laws.
Article (22) — Advertisements and Tests
Advertisement conditions and tests shall relate to actual job requirements. Requirements concerning sex, age, ethnic or religious affiliation or other protected characteristics are prohibited unless based on a statutory exception or genuine occupational requirement.
Article (23) — Equal Pay
Without prejudice to labour law and operative treaties, workers are entitled to equal pay for equal work or work of equal value. Differences may reflect experience, performance, qualifications, working conditions or an objective seniority system unrelated to a protected characteristic.
Article (24) — Pregnancy, Motherhood and Family Responsibilities
Refusal of appointment, training or promotion, or termination because of pregnancy, motherhood or lawful use of statutory leave is prohibited. This does not prevent occupational safety and health requirements based on an individual, objective risk assessment.
Article (25) — Workplace Harassment
Employers reaching the threshold specified by instructions shall adopt a written discriminatory-harassment prevention policy and confidential complaint and internal-investigation mechanism. Internal investigation shall not prejudice the affected person's right to approach competent bodies or courts.
Article (26) — Unions and Professional Organisations
Unlawful discrimination in membership, representation, services or training within unions, federations and professional organisations is prohibited, while respecting membership rules objectively connected to the profession or status represented.
Article (27) — Relationship with Labour and Public-Service Law
This Chapter supplements labour and public-service legislation. Where sectoral legislation provides more favourable protection or sanctions, affected persons may invoke the broader protection without receiving two awards of compensation for the same harm.
Chapter Five — Education, Health, Housing, Goods and Services
Article (28) — Education
Discrimination is prohibited in admission, registration, fees, scholarships, assessment, discipline, activities and educational services. Legally established linguistic, cultural or religious programmes, schools or arrangements are permitted if not used to deny education or impose unlawful compulsory segregation.
Article (29) — Curricula and the Educational Environment
Public educational institutions shall promote equal citizenship and respect for constitutional diversity, excluding material in curricula or institutional practices that degrades a group because of a protected characteristic. This does not prevent scholarly and critical teaching of history, conflicts or religious and political ideas.
Article (30) — Health
Refusing, delaying or lowering the quality of healthcare because of a protected characteristic is prohibited. Medical priority shall reflect clinical need, available resources and professional standards. Different treatment based on a lawful, documented medical assessment is not discrimination.
Article (31) — Housing
Unlawful discrimination is prohibited in the sale or rental of publicly offered housing, terms, prices, eviction and residential-complex management. This does not apply to sharing a private home with its owner where personal privacy is essential, under rules specified by instructions.
Article (32) — Goods and Services
Providers of goods or services offered to the public, including finance, insurance, transport, communications, hotels, restaurants and digital services, shall not refuse dealings or impose different terms because of a protected characteristic. Differences based on objective risk assessments directly relevant to the service are permitted.
Article (33) — Financial Services and Insurance
Different insurance or credit prices or terms are not discriminatory where based on reliable, proportionate actuarial or credit data related to relevant individual or group risks. Apparently neutral proxies shall not be used to circumvent the discrimination prohibition.
Article (34) — Places Open to the Public
Denying entry or use or imposing different treatment in publicly accessible places because of a protected characteristic is prohibited, except necessary, proportionate and non-arbitrary restrictions for safety, privacy or public order.
Article (35) — Associations and Clubs
Lawfully established associations or clubs serving a defined group may limit some activities or programmes to that group where legitimately within their purpose and not monopolising an essential service. Their commercial services offered to the public remain subject to the general prohibition.
Article (36) — Digital Services and Algorithms
This Law applies to automated decisions in employment, credit, insurance, education or public services producing significant legal or material effects. Detailed algorithmic-assessment and transparency provisions shall apply under the Artificial Intelligence Governance Law and Personal Data Protection Law upon their commencement.
Chapter Six — Disability and Reasonable Accommodation
Article (37) — Duty to Provide Accommodation
Public bodies, employers, educational institutions and service providers shall make reasonable accommodation for persons with disabilities where necessary for equal access and not imposing a disproportionate or unjustified burden.
Article (38) — Assessing Disproportionate Burden
Assessment shall consider the adjustment's nature and actual cost, the body's size and resources, available funding or support, expected benefits and less costly alternatives. General assertions of cost or difficulty shall not suffice.
Article (39) — Accessibility
Individual accommodation does not replace general accessibility duties under disability-rights legislation and building, transport and digital-service codes. Unjustified refusal of individual accommodation constitutes discrimination.
Article (40) — Interactive Dialogue
The relevant body shall consult in good faith with the accommodation applicant about needs and available options and shall not request medical information beyond what is necessary to verify need or identify suitable accommodation.
Chapter Seven — Diversity Protection and Positive Measures
Article (41) — Rights of Minorities and Communities
Under the Constitution and applicable laws, the State shall guarantee different communities' and ethnic groups' administrative, political, cultural and educational rights. The label “minority” shall not diminish citizenship or individual rights or impose collective guardianship over group members.
Article (42) — Positive Measures
Positive measures may be enacted or adopted to address demonstrated disadvantage, underrepresentation or historical effects of discrimination where targeted, proportionate and periodically reviewed. They are not discriminatory provided they do not create permanent privileges after their justification ceases.
Article (43) — Constitutional and Statutory Representation
This Law shall not affect constitutional or statutory quotas or representation arrangements. New measures shall be subject to necessity, proportionality, duration and periodic-review requirements.
Article (44) — Prohibition of Compulsory Segregation
Compulsory ethnic, racial, religious or sectarian segregation in housing, education or public services is prohibited. Voluntary cultural or educational institutions preserving language or heritage are permitted where individual rights and free choice remain protected.
Chapter Eight — Complaints and the High Commission for Human Rights
Article (45) — Competence
Within its constitutional and statutory independence, the Commission shall receive discrimination complaints, conduct preliminary investigations, request information, make recommendations and refer criminal matters to Public Prosecution or the competent investigating authority.
Article (46) — Equality Unit
An “Equality and Anti-Discrimination Unit” shall be established within the Commission's administrative structure without separate legal personality or budget. The Commission shall determine its composition and internal tasks without prejudice to its independence.
Article (47) — Lodging Complaints
Complaints may be lodged by affected persons, their legal representatives or an organisation with a legitimate interest and their consent. The Commission may initiate a pattern investigation where credible information indicates widespread or repeated practices, protecting all parties' rights.
Article (48) — Settlement
With the parties' consent, the Commission may facilitate voluntary settlement that neither waives an inalienable right nor conceals a serious public danger. Settlement may include apology, restoration of service, policy change, training or agreed compensation.
Article (49) — Recommendations and Codes of Practice
The Commission may issue non-binding sectoral recommendations and codes explaining practical duties in employment, education, health, housing and services. Courts may consider them as guidance without substituting them for law.
Article (50) — Public-Interest Litigation
Under its governing law and procedural rules, the Commission may intervene or seek joinder in cases raising a matter of principle or widespread discrimination and submit an expert opinion without displacing the affected person's standing.
Chapter Nine — Remedies, Procedures and Evidence
Article (51) — Right of Action
Anyone alleging harm from prohibited discrimination may ask the competent court to stop the act, remove its effects and award compensation according to the legal relationship. Commission complaints need not be exhausted unless special legislation requires prior administrative review.
Article (52) — Urgent Measures
The competent court may order interim measures where harm would be difficult to remedy, including temporarily suspending a decision or practice, preserving evidence or preventing retaliation, with due regard to defence rights and the public interest.
Article (53) — Burden of Proof
First — In civil and administrative proceedings, where the claimant presents specific facts reasonably suggesting discrimination, the respondent shall bear the burden of explaining legitimate, non-discriminatory treatment or proving that the difference was necessary and proportionate.
Second — This rule does not apply to criminal proceedings or affect the presumption of innocence or criminal evidence rules.
Article (54) — Statistical and Comparative Evidence
Courts may rely on relevant, reliable statistics, treatment patterns, comparisons, lawful field tests or internal correspondence. Statistical differences alone shall not establish liability where an objective explanation is provided.
Article (55) — Access to Evidence
Where essential evidence is controlled by the respondent, the court may order production to the extent necessary to decide the case, protecting trade secrets, personal data and national security, and may draw appropriate inferences from unjustified refusal.
Article (56) — Remedies
As appropriate, courts may order one or more of the following: cessation; invalidation of an unlawful condition or decision to that extent; restoration where possible; reinstatement to employment, a programme or service; compensation for established material and moral harm; policy or procedure changes; and publication of a judgment summary where the public interest requires and privacy is protected.
Article (57) — Compensation
Compensation shall reflect actual harm, reasonable future effects, severity and recurrence of conduct, and power relationships. No general ceiling shall prevent full compensation, while double recovery for the same harm is prohibited.
Article (58) — Standing and Legal Assistance
Registered organisations whose purposes concern equality or human rights may provide legal assistance or represent affected persons under advocacy and procedural laws and, with court permission, intervene in cases of public significance.
Chapter Ten — Incitement, Retaliation and Liability
Article (59) — Freedom of Expression
Expression of opinions or beliefs, political, religious or social criticism, research, or academic or journalistic debate is not inherently discrimination, even if forceful or unacceptable to others, unless it becomes prohibited conduct in a field covered by this Law or legally criminalised incitement.
Article (60) — Prohibited Incitement
Deliberate public advocacy of national, racial, religious or sectarian hatred constituting actual incitement to discrimination, hostility or violence is subject to criminal law where the statutory elements are met. Interpretation shall consider context, intent, the speaker's position, reach, likelihood and imminence of harm. Criminalisation shall not be extended by analogy.
Article (61) — Liability for Serious Retaliation
Retaliation involving threats, coercion, violence, abuse of authority, forgery or evidence destruction shall be governed by applicable criminal provisions according to the act. This Law creates no separately and vaguely worded offence.
Article (62) — Legal-Person Liability
A legal person shall not be exempt from civil or administrative liability for discrimination by a director, representative or worker within their work, or resulting from serious organisational failure, unless it proves reasonable preventive measures and that the violation was individual and clearly contrary to its policies and instructions.
Article (63) — Regulatory Violations
After a serious or repeated violation is established by final judgment or conclusive administrative decision, the sectoral regulator may impose statutory professional, contractual or licensing sanctions, including warning, corrective plans and suspension of a specified privilege, proportionately and subject to appeal.
Chapter Eleven — Data, Transparency and Compliance
Article (64) — Equality Data
Public bodies and large institutions may collect anonymised or aggregated data necessary to measure equal opportunities and identify discriminatory patterns, observing necessity, purpose limitation, data minimisation and security, and not using them to make adverse individual decisions based on protected characteristics.
Article (65) — Self-Identification
Ethnic, national, religious or sectarian identification for statistics shall be voluntary and self-defined unless special legislation provides otherwise for a specified constitutional purpose. No person shall be compelled to prove an affiliation they do not wish to disclose.
Article (66) — National Report
Every two years, the Commission shall publish an objective report on discrimination trends, complaints and high-risk sectors using anonymised data, with legislative and administrative recommendations, without unlawfully publishing complainants' names or identifying data.
Article (67) — Compliance Plans
On the recommendation of the Commission and sectoral body, the Council of Ministers may require public bodies and institutions exceeding a size specified by regulation to prepare a concise equality plan covering internal complaints, training for recruitment and service personnel, and review of high-risk policies.
Article (68) — Confidentiality
Complainants' and witnesses' identities and sensitive information shall remain confidential during Commission proceedings insofar as defence rights and the administration of justice permit. Identity data shall be published only with consent, judicial order or a legal requirement.
Chapter Twelve — Transitional and Final Provisions
Article (69) — Alignment with the Minority Rights Bill
If the “Regulation of Minority Rights and Prevention of Discrimination Bill” remains in the legislative process when this bill is referred, the texts shall be unified around equal citizenship and non-discrimination, integrating community cultural and administrative rights in a dedicated chapter to prevent duplicate laws and bodies.
Article (70) — Legislative Review
Within one year of commencement, the General Secretariat of the Council of Ministers, coordinating with the Ministry of Justice, Commission and competent bodies, shall establish a technical team to identify regulatory provisions involving unjustified discrimination or inconsistent terminology and submit proposed amendments to the competent authority. The team may not itself repeal provisions.
Article (71) — Relationship with Applicable Legislation
First — No special provision affording greater protection shall be repealed.
Second — Expressly conflicting provisions shall be amended or repealed through specified subsequent laws. Implied repeal shall not be presumed in criminal matters or institutional competences.
Third — Incitement and discriminatory-motive offences shall be coordinated with the new Penal Code upon enactment.
Article (72) — Regulations and Instructions
Within one hundred and eighty days of publication, the Council of Ministers shall issue implementing regulations on proposals from competent bodies. The Commission shall issue codes of practice within its competence without requiring executive approval.
Article (73) — Institutional Preparation
Public bodies and private establishments subject to new organisational duties shall have no more than twelve months after implementing instructions commence to revise forms and internal policies. This shall not postpone the fundamental prohibition of discrimination or the right to remedies.
Article (74) — Commencement
This Law shall enter into force ninety days after publication in the Official Gazette.
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 or file | Proposed relationship |
|---|---|
| Iraqi Constitution 2005 | Implement 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 amended | Add specialised equality competences within the Commission without creating a new legal person, respecting its constitutional independence. |
| Labour Law No. 37 of 2015 | Remains 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 Law | Remains 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 amended | Does 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 Journalism | Define hate-speech and incitement limits with expression safeguards, preventing anti-discrimination measures from suppressing criticism. |
| POL-14 New Iraqi Penal Code | Precisely define incitement and discriminatory-motive offences and appropriate penalties. |
| POL-16 Civil and Commercial Procedure and Modern Evidence | Align evidence-disclosure, presumptions and protection against abusive litigation rules. |
| POL-79 Rights of Persons with Disabilities | Detail general accessibility, inclusion, equipment and specialised-service standards. |
| POL-85 Personal Data Protection | Regulate 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.
| Period | Obligation | Body |
|---|---|---|
| From commencement | Prohibition of discrimination and retaliation; right to sue | All covered bodies |
| Within 180 days | Issue implementing regulations and initial codes of practice | Council of Ministers and Commission |
| Within 12 months | Align forms and internal policies and establish the Commission's Equality Unit | Public bodies and covered institutions |
| Within one year | Identify regulatory provisions requiring amendment | General Secretariat of the Council of Ministers, Ministry of Justice and Commission |
| Every two years | An anonymised national report on discrimination and compliance trends | Commission |
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.
| System | Useful element | Iraqi adaptation |
|---|---|---|
| United Kingdom — Equality Act 2010 | Definitions of direct and indirect discrimination and disability-related duties | Adopt both concepts and connect accommodation to Iraqi disability law. |
| European Union — Directive 2000/43/EC | Shift the burden of proof once facts permit a presumption of discrimination | Apply only in civil and administrative proceedings, excluding criminal cases. |
| South Africa — Equality Act 2000 | Horizontal legislation on equality and prevention of discrimination and harassment | Use existing courts and the Commission instead of new courts or an independent authority. |
Sources and references
- Constitution of the Republic of Iraq 2005 — Iraqi Council of Representatives.
Iraqi Constitution — Council of Representatives - 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 - 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/ - 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/ - 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 - 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 - 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 - 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 - 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 - 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 - 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 - United Kingdom — Equality Act 2010.
https://www.legislation.gov.uk/ukpga/2010/15 - 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 - 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 · Ali Zuweid