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A Brief Historical and Legal Description of Religious Liberty
The Republic of Iraq declared independence in 1932 and joined the United Nations in 1945. Saddam Hussein, the president and acting head of State, rules the one-party state through the Ba'ath Socialist Party which controls the council of Command of the Revolution and the Council of Ministers. The U.S. Department of State asserts that Iraq:
has an abysmal record on human rights [which] did not improve in 1993. Systematic violations of human rights continued in virtually all categories in 1993; these included . . . extreme repression of ethnic groups, disappearances, denial of due process, and arbitrary detention.1Iraq does not allow its citizens freedom to change their government, nor does it grant them freedom of expression or association. Freedom of expression and association exist only in Kurdish controlled areas of northern Iraq.2
Iraq is a secular rather than a religious state, although the majority of the population is Muslim. Ninety-six percent of the population practices either Shi'a or Sunni Islam, and the other four percent are mostly Chaldean or Assyrian Christians, Sabeans, Yazidis or Jews.3 Shi'a Arabs constitute 55-60% of the population while the Sunni comprise between 12-15%.4
Despite religious demographics, Sunni Arabs historically have controlled the nation both economically and politically, often discriminating against the Shi'a. The U.S. Department of State explains that "freedom of religion is circumscribed" by the Iraqi government, which regulates Islamic activities.5 Furthermore, "Despite legal guarantees of sectarian equality, the government has in recent years engaged in a succession of actions directed at the clergy and followers of the Shi'ite faith."6
In 1980, Iraq and Iran began a war which resulted, between 1980 and 1984, in the "disappearance" of Iraqi Shi'a, most of whom were arrested and expelled to Iran.7 More recently, the Iraqi government has fought with Kurdish guerrillas and a group of Shi'ite extremists known as Al Daawa, or The Call.8 The Special Rapporteur on Religious Intolerance to the United Nations, in a 1993 letter sent to Iraq, stated:
the policy of repression conducted by the Iraqi authorities against the Shia Muslim community in Iraq and against its religious or cultural institutions is still being systematically applied. Some of the opinions expressed suggest a deliberate intention on the part of the Government to attack the very foundations of Shia society.9While the government discriminates against the Shi'a, it does not legally bar conversion nor does it discriminate as blatantly against followers of other religions. The U.S. Department of State reports that Iraqi law does not impose penalties for conversion from one religion to another, adding, however, that Muslims who convert may suffer a social stigma."10 The government legally protects the freedom of the 300,000 Iraqi Christians to "worship in churches of established denominations," yet it forbids them to "proselytize or hold meetings outside church premises."11 Iraq's Jewish community has decreased in size from approximately 150,000 after WWII to a few hundred today.12 The U.S. Department of State reports, "[t]here is no recent evidence of overt persecution of Jews, but the regime restricts contact with Jewish groups abroad."13
Analyzing the government's treatment of the Shi'a, Christians and Jews, the Encyclopedia of Human Rights argues, "In Iraq as a whole, legislation protects the rights of persons belonging to ethnic, religious and linguistic minorities and guarantees the freedom of all communities to engage in religious observance."14 Christian Solidarity International, in their map of "Suppression of Religious Liberty around the World," differs with the Encyclopedia and states that Iraq commits "basic violations of religious liberties."
Constitutional Provisions and Legislation Relating to Religion
Constitutional provisions in Iraq's Provisional Constitution of 1968 relating to religion are as follows:
Article 4: Islam is the religion of the State.15Article 19 (a): Citizens are equal before the law, without discrimination because of sex, blood, language, social origin or religion.16
Article 25: Freedom of religions, faith and the exercise of religious rights, is guaranteed, in accordance with the rules of constitution and laws and in compliance with morals and public order.17
The government of Iraq submitted the following information in a report to the Human Rights Committee at the United Nations in April of 1986:18
Article 1, paragraph 5, of Act No. 50 promulgated on 23 May 1981, stipulates that the responsibilities of Awqaf (Mortmain) and Religious Affairs includes looking after the welfare of religious communities and, in particular, regulating matters pertaining to the administration of their religious endowments and places of worship.Under the terms of Ordinance No. 32 promulgated on 19 September 1981, the Ministry of Awqaf and Religious Affairs assumed responsibility for the welfare and support of religious communities. According to the U.S. Department of State, the law grants the Ministry "authority over places of worship, appointment of clergy, publication of religious literature, and participation in religious councils and meetings."19 The following list of the religious communities that are officially recognized in Iraq was attached to that ordinance: (1) the Chaldean community; (2) the Assyrian community; (3) the Assyrian Catholic community; (4) the Syrian Orthodox community; (5) the Syrian Catholic community; (6) the Armenian Orthodox community; (7) the Armenian Catholic community; (8) the Greek Orthodox community; (9) the Greek Catholic community; (10) the Roman Catholic community; (11) the National Evangelical Protestant community. (12) the Assyrian Evangelical Protestant community; (13) the Seventh Day Adventist community; (14) the Orthodox Coptic community; (15) the Yadizi community; (16) the Sabean community; and (17) the Jewish community.
The support that the religious communities receive from the State can be summarized as follows:
(a) Exemption of all churches and places of worship from charges for the supply of water and electricity;(b) Exemption of Christian ministers of religion from compulsory military service and their assignment to their churches after completion of the period of basic training;
(c) Payment of the amounts needed for the renovation and furnishing of the churches, places of worship and residences of the ministers of religion of all communities;
(d) Payment by the Ministry of the amounts needed for the construction of churches and places of worship and their connection to the water and electric power supply;
(e) Granting of land, free of charge, for the establishment of churches, places of worship and cemeteries for the religious communities.
(f) Exemption from customs duty of materials imported from abroad for the purpose of the observance of religious rites;
(g) Provision of financial assistance for religious communities. By the middle of 1984, this assistance had totalled 1,160,000 dinars.
In Paragraph 206 of the same document, the government asserted that "the teaching syllabuses in all schools include religious educational studies in accordance with the religious beliefs of students. No student belonging to any religious community is compelled to receive instruction in religious beliefs other than his own."20
Recent Reported Cases of Religious Intolerance
The Sunni minority in Iraq discriminates against the Shi'a majority legally, politically, socially and economically. The government also allows discrimination against Christians. Demonstrating its antipathy toward autonomous religious movements, Iraqi security forces in 1993 expelled foreign clergy from Al-Najaf, asserting that the clerics' visas had expired.21
DISCRIMINATION AGAINST THE SHI'A
The U.S. Department of State reports, "[A]ttacks on the Shi'a of the southern marshes in 1993 were preceded by the government's harsh response to the spring uprising of 1991, in which government forces damaged or totally destroyed Shi'a mosques, holy sites, libraries, and archives. Iraqi security forces' desecration of the shrine included using it as an interrogation center."22
The Special Rapporteur on Religious Intolerance to the United Nations sent a letter to Iraq inquiring as to alleged instances of religious intolerance. The Rapporteur questioned the Iraqi government regarding alleged "arbitrary expulsion" of Kurds and Turomans, the charge that the Iraqi government did not allow celebrations for the martyrdom of a famous Shi'a Imam, complaints that the government did not allow Shi'a to celebrate religious Ashura processions, and the fate of 106 "religious dignitaries and theological students" reportedly arrested by the government.23 The Special Rapporteur also expressed concern over the Iraqi government's "programme for the modernization" of certain Shi'a towns which seeks to fundamentally alter the "religious and cultural orientation" of the townspeople and the government's reported refusal "to allocate religious funds for rebuilding the husseiniyas, mosques, libraries and religious centres that have been desecrated, damaged or destroyed."24 [The late Grand Ayatollah Al-Khoei promised to allocate funds before his death.] Next, the Special Rapporteur questioned authorities' finding fault with Shi'a shrines which lead them to conduct "fault finding" missions and convert some shrines into government offices. The State reportedly closes libraries or makes admission to them difficult to obtain.25 The Rapporteur also questioned the government about the reported ban on the Shia version of the call to prayer and thousands of Shia literary works. Lastly, the Rapporteur inquired as to the media's alleged "systematic policy of disinformation or denigration directed against the Shia."26
The Iraqi government responded to the above allegations by denying or justifying them. The government asserted that it allowed celebrations for the Shia martyr, saying that "the usual official and public ceremonies were held."27 The government denies charges that they expel Kurds and Turomans, saying "the Iraqi Constitution and legislation in force guarantee citizens freedom of choice in respect of religion and belief and that all citizens are equal before the law."28 It also denies allegations that it has "made any fundamental change in the religious character of the holy places and towns," asserting instead that "it has carried out an operation to refurbish the buildings close to these holy places in a manner entirely in keeping with the religious character and style of the holy places and towns in a manner entirely in keeping with the religious character and style of their surroundings. . . . in a better and pure Muslim style."29 The government also denies as a "totally slanderous allegation" that it demolished Shi'a houses, saying instead that the homes "were demolished by the indiscriminate bombing which occurred during the aggression against Iraq."30 Lastly, the government admitted that it prevented the publication of certain Shi'a works.31 However, the government asserts that "no distinction is made between religions and communities, but as in all countries, the question is what is appropriate for publication and what is not."32
DISCRIMINATION AGAINST CHRISTIANS
The Iraqi government persecutes not only the Shi'a, but apparently allows discrimination against Christians to occur as well. According to News Network International (NNI), an Assyrian Bishop in Baghdad forbade Father Immanuel Youkhanna of the Allied-protected Kurdish enclave of northern Iraq "to perform his priestly duties" in May 1994.33 NNI states that the Bishop's decision is "a move some believe was prompted by stiff pressure from officials in Iraqi leader Saddam Hussein's regime."34 The Bishop has been stripped of his clerical authority supposedly because he left his parish without permission. The priest had been making trips abroad in which he criticized the Iraqi government.35
The Assyrian Christians also face oppression from the government. According to an NNI report, Iraq has persecuted many Assyrian Christians, causing them to flee the country.36 Two Assyrian Christians fled Iraq during the Gulf War "to escape religious and political persecution which they say included beatings, sexual molestation and imprisonment."37 They sought political asylum in Cyprus.38 Eilin Bawel asserts that she was imprisoned in October 1987 for not joining Hussein's Ba'ath Party which she asserts "would have violated her Christian convictions."39 She was beaten daily while in prison. "I was told that it would be better for me and the new Iraq they were building to marry a Muslim."40 The United National High Commission on Refugees accepted her for refugee status and resettlement in February 1992 after she escaped from Iraq, but cancelled her status in June when she married Robirt Khamis, another Christian persecuted for his refusal to join the Ba'ath Party.41 In late July, the Canadian government agreed to extend immigration status to the couple.42
The two assert that pressure against Assyrian Christians from Muslim Kurds has increased during the past two years. NNI reports, "[t]ypical of the hardship being faced in Assyrian villages throughout northern Iraq is the mid-May raid by 40 armed Kurds of the village of Kannibaleve. Provisions earmarked by aid agencies for the Assyrians were confiscated in the nighttime raid."43 The Assyrians are a predominantly Christian ethnic minority, with only 60,000 Assyrians living among 3 million Kurds in Northern Iraq.44 NNI explains that "[t]he Allied-protected enclave is populated by some 45,000 Assyrians who are Chaldean Catholics, 15,000 members of the Assyrian Church of the East (Nestorian), and about 35 Syrian Catholic families."45 Assyrians complain that Kurds are taking and farming all the arable land. According to one church leader, "From 1961, when the Kurdish revolt started, until the Anfal [the Iraqi military coup of 1988], more than 20 Christian muhtars [village chiefs] have been assassinated by the Peshmerga [Kurdish freedom fighters]."46
ENDNOTES
1. U.S. Department of State, Country Reports on Human Rights Practices for 1993 (Washington, D.C.: United States Government Printing Office, 1994): 1184.2. ibid.
3. Edward H. Lawson, ed., Encyclopedia of Human Rights (New York: Taylor & Francis, Inc., 1990): 988.
4. U.S. Department of State, 1189.
5. ibid.
6. ibid.
7. Lawson, 988.
8. ibid.
9. 23 November 1993 "Letter from the Special Rapporteur to the Government of Iraq," in United Nations: Economic and Social Council, Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (E/CN.4/1994/79, 20 January 1994): 78.
10. U.S. Department of State, 1189.
11. ibid.
12. ibid.
13. ibid.
14. Lawson, 988-989.
15. Gisbert H. Flanz, Fouad Fahmy Shafik and Kerry M. Boyle, "Iraq," in Albert P. Blaustein and Gisbert H. Flanz, eds., Constitutions of the Countries of the World (Dobbs Ferry, NY: Oceana Publications, Inc., 1990): 23.
16.ibid, 25.
17. ibid, 26.
18. UN DOC.. CCPR/C/37/Add. 3, para. 203-205, cited in Lawson, 989.
19. U.S. Department of State, 1189.
20. Lawson, 989.
21. U.S. Department of State, 1189.
22. ibid.
23. 23 November 1993 "Letter from the Special Rapporteur to the Government of Iraq," 78.
24. ibid.
25. ibid, 79.
26. ibid, 80.
27. 23 December 1993 "Permanent Mission of the Republic of Iraq to the United Nations Office at Geneva," in United Nations: Economic and Social Council, 80.
28. 23 December 1993 "Permanent Mission of the Republic of Iraq to the United Nations Office at Geneva," 81.
29. ibid.
30. ibid.
31. ibid.
32. ibid, 82.
33. Hans Chabra, "Banghdad Bishop Defrocks Assyrian Priest in Dohuk." News Network International (June 14, 1994): 49.
34. ibid.
35. ibid.
36. D. Milne, "Christian Couple Faces Repatriation from Cyprus." News Network International (July 16, 1994): 20.
37. ibid.
38. ibid.
39. ibid.
40. Milne, 21.
41. ibid.
42. Barbara Baker, "Iraqi Christian Couple Will Emigrate to Canada." News Network International (September 7, 1994): 34.
43. Hans Chabra, "Asyrian Christians Report Increased Pressure From Muslim Kurds." News Network International (June 14, 1994): 38.
44. ibid.
45. ibid.
46. ibid.
Source: Handbook on Religious Liberty Around the World, Pedro C. Moreno, Editor. Charlottesville, VA: The Rutherford Institute. This report is reprinted here by special arrangement with the Rutherford Institute and may not be reproduced or mirrored on another webside without written permission of the Rutherford Institute.
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