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Iraq

Executive Summary

The constitution establishes Islam as the official religion and states that no law may be enacted contradicting the “established provisions of Islam.”  It provides for freedom of religious belief and practice for all individuals, including Muslims, Christians, Yezidis, and Sabean-Mandeans, but it does not explicitly mention followers of other religions or atheists.  Restrictions on freedom of religion remained widespread outside the Iraqi Kurdistan Region (IKR), and Iraqi security forces (ISF) committed violence against and harassed members of minority groups, according to religious leaders and representatives of nongovernmental organizations (NGOs).  On March 3, parliament passed a law granting special rights, including restitution for damages, to Yezidis and other religious minority survivors of ISIS abuses, and providing for their rehabilitation and integration into society.  Predominantly Sunni provinces, such as Anbar, Salah al-Din, Kirkuk, and Ninewa, reported fewer security incidents compared with 2019 and 2020.  Yezidis, Christians, and local and international NGOs reported continued verbal harassment and physical abuse from members of the Popular Mobilization Forces (PMF), a state-sponsored organization composed of more than 50 mostly Shia militias originally formed to combat ISIS.  In May, parliamentarians publicly warned that pro-Iran PMF forces continued to carry out the forced displacement of Sunnis and Christians with the intent to effect demographic changes in Salah al-Din, Ninewa, and Diyala Provinces.  According to the Kurdistan Regional Government’s (KRG) Yezidi Rescue Coordinating Office, 2,763 Yezidis remained missing following ISIS’s assault on the north of the country in 2014, compared with 2,874 reported as missing in 2020.  Some religious and ethnic minority leaders, mostly Christians and to a lesser degree, Sabean-Mandeans, Shabak, and Faili Kurds, expressed dissatisfaction with the outcomes of the October 10 parliamentary election, saying powerful political parties encouraged nonminority voters to back candidates for the minority-quota seats, thereby outvoting “legitimate” candidates.  Representatives of minority religious communities, including Christians and Yezidis, said that despite local authorities occasionally verbally harassing them, the central government generally did not interfere with religious observances by members of minority groups.  On March 5-8, national and KRG leaders hosted the first papal visit to the country, during which Pope Francis met with Shia Grand Ayatollah Sayed Ali al-Sistani and conducted Christian and interfaith ceremonies in Baghdad, Mosul, and in the IKR.  Government officials and Christian and other minority religious leaders stated the visit helped raise the profile of Christian issues in the country and the importance of its religious diversity.

Minority religious groups, including Christians and Yezidis, said the presence of armed affiliates of the Kurdistan Workers Party (PKK), a U.S.-designated terrorist organization, and PMF militias in Sinjar and the Ninewa Plain, as well as continued Turkish airstrikes targeting alleged PKK positions, continued to endanger residents and hinder the return of internally displaced persons (IDPs).  The Yezidi community in Sinjar reported in January and May that the PKK had kidnapped hundreds of Yezidi children to recruit and subject to ideological “brainwashing” in the years since ISIS was defeated in Sinjar in 2015.  It was unclear how many of the kidnappings occurred during the year.  During the year, authorities found three additional mass graves in Diyala, Salah al-Din, and Anbar Provinces containing victims of al-Qa’ida and ISIS, as well as one from the time of the Baathist regime, with more than 210 graves discovered since 2003; according to the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (known as UNITAD), work with international teams to exhume and identify the remains would likely take years.

According to media and human rights organizations, societal violence perpetrated by sectarian armed groups, mainly pro-Iran Shia militias, continued during the year, although there were no documented cases of violence specifically related to religious affiliation in the IKR.  Christians in the south and in PMF-controlled towns on the Ninewa Plain, as well as Sabean-Mandeans in Basrah, Dhi Qar, and Maysan Provinces, reported they continued to avoid celebrating their religious festivals when these observances coincided with Shia Islamic periods of mourning, such as Ashura.  There were continued reports that members of non-Muslim minority groups felt the Muslim majority pressured them to adhere to certain Islamic practices, such as wearing the hijab or fasting during Ramadan.

The U.S. embassy addressed at the highest levels a full range of religious freedom concerns in the country through frequent meetings with senior government officials, including with Prime Minister Mustafa al-Kadhimi, through interagency coordination groups, and in targeted assistance programs for stabilization projects.  These concerns included the presence of armed groups harassing religious groups and promoting and enabling demographic changes, lack of available resources for stabilization and rehabilitation efforts for internally displaced Christians and other minority groups, and general safety concerns.  The Ambassador and other embassy and consulate general officials met regularly with national and regional government officials, members of parliament, and parliamentary committees to emphasize the need for the security, full inclusion, tolerance, and protection of the rights of members of minority religious groups.  Embassy officials met with Shia, Sunni, Christian, and other religious group representatives to underscore U.S. support for these communities and to assess the needs and challenges they continued to face.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes Islam as the official religion of the state and a “foundational source” of legislation.  It states no law may be enacted contradicting the “established provisions of Islam.”  It also states no law may contradict the principles of democracy or the rights and basic freedoms stipulated in the constitution.

The constitution protects the “Islamic identity” of the Iraqi people, although it makes no specific mention of Sunni or Shia Islam.  The constitution also provides for freedom of religious belief and practice for all individuals, specifying Christians, Yezidis, and Sabean-Mandeans; it does not explicitly mention followers of other religions or atheists.  Federal law prohibits the practice of the Baha’i Faith and prescribes 10 years’ imprisonment for anyone practicing it, although the law is not enforced.  The KRG does not enforce the federal ban as a matter of policy and recognizes the Baha’i Faith as a religion.

The law prohibits takfiri organizations including terrorist organizations al-Qa’ida and ISIS, which declare Muslims who practice a less austere form of Islam apostates.  A 2001 resolution prohibits the practice of the Wahhabi branch of Sunni Islam.

The constitution states each individual has the right to freedom of thought, conscience, and belief.  Followers of all religions are free to practice religious rites and manage religious endowment affairs and religious institutions.  The constitution guarantees freedom from religious coercion and states all citizens are equal before the law without regard to religion, sect, or belief.

The constitution guarantees the reinstatement of citizenship to individuals who gave up their citizenship for political or sectarian reasons; however, this does not apply to Jews who emigrated to Israel and were forced to renounce their Iraqi citizenship under a 1950 Iraqi law.

Civil laws provide a simple process for a non-Muslim to convert to Islam.  Personal status laws and regulations prohibit the conversion of Muslims to other religions, and they require the administrative designation of minor children as Muslims if either parent converts to Islam or if one parent is considered Muslim, even if the child is a product of rape.  Civil status law allows all women who are identified in their official documents as non-Muslims to marry Muslim men, but it prohibits Muslim women from marrying non-Muslims.  Muslim men may only marry women of the Christian, Jewish, or Sabean Mandean faith.

An article of the penal code punishes with up to three years’ imprisonment or a 300 Iraqi dinar fine ($.20) any person who “attacks the creed of a religious minority or pours scorn on its religious practices; willfully disrupts, prevents, or obstructs a religious ceremony, festival, or meeting of a religious minority; wrecks, destroys, defaces, or desecrates a building or sacred symbol set aside for the ceremonies of a religious minority; deliberately misspells texts to alter or make light of the meaning, tenets, or teachings of a book sacred to a religious minority; publicly insults a symbol or a person who constitutes an object of sanctification, worship, or reverence to a religious minority; or publicly imitates a religious ceremony or celebration with intent to deceive.”

IKR law forbids “religious or political media speech, individually or collectively, directly or indirectly, that brings hate and violence, terror, exclusion, and marginalization based on national, ethnic, religious, or linguistic claims.”

The law characterizes crimes committed by ISIS against Yezidis, Christians, Turkomans, and Shabak as crimes of genocide and crimes against humanity.  A law passed on March 3 by the national Council of Representatives (COR) grants rights to Yezidis and other survivors of ISIS.  These rights include restitution for damages and access to social and medical services, including services that provide for the rehabilitation and integration of victims into society.  Those eligible for these benefits include Yezidi, Christian, Shabak, and Turkoman female survivors who were kidnapped by ISIS; Yezidis, Christians, Shabak, and Turkomans who survived mass killing operations carried out by ISIS; and Yezidi children who were kidnapped by ISIS.

The following religious groups are recognized by the personal status law and are registered with the government:  Muslims, Chaldeans, Assyrians, Assyrian Catholics, Syriac Orthodox, Syriac Catholics, Armenian Apostolic, Armenian Catholics, Roman Catholics, National Protestants, Anglicans, Evangelical Protestant Assyrians, Seventh-day Adventists, Coptic Orthodox, Yezidis, Sabean-Mandeans, and Jews.  Recognition allows groups to appoint legal representatives and perform legal transactions, such as buying and selling property.  All recognized religious groups in the country, except for Yezidis, have their own personal status courts responsible for handling marriage, divorce, and inheritance issues.

There are three diwans (offices) responsible for administering matters for the recognized religious groups within the country:  the Sunni Endowment Diwan, the Shia Endowment Diwan, and the Endowment of the Christian, Yezidi, and Sabean-Mandean Religions Diwan.  The three endowments operate under the authority of the Office of the Prime Minister (OPM) to disburse government funds to maintain and protect religious facilities.

Neither national nor IKR law specifies penalties for the practices of unrecognized religious groups, including Wahhabi Islam, Zoroastrianism, and Yarsanism, other than Baha’is; however, contracts signed by institutions of unrecognized religious groups are not considered legal or admissible as evidence in court.

In areas other than the IKR, the law does not provide a mechanism for a new religious group to obtain legal recognition.  In the IKR, religious groups obtain recognition by registering with the KRG MERA.  To register, a group must have a minimum of 150 adherents, provide documentation on the sources of its financial support, and demonstrate it is not “anti-Islam.”

Eight faiths are recognized and registered with the KRG MERA:  Islam, Christianity, Yezidism, Judaism, Sabean-Mandaeism, Zoroastrianism, Yarsanism, and the Baha’i Faith.  According to KRG MERA, individuals from 14 different Christian government-recognized denominations reside in the IKR, including denominations associated with the Chaldean Church, Assyrian Old Eastern Church, Syriac Orthodox Church, Syriac Catholic Church, Armenian Orthodox Church, Greek Orthodox Church, Roman Catholic Church, Latin Church, Presbyterian Church, Assyrian Protestant Church, Coptic Orthodox Church, and Seventh-day Adventist Church.

According to the KRG MERA’s Directorate of Christian Affairs, there are 12 registered Protestant and evangelical Christian groups in the IKR, several with multiple branches:  Nahda al-Qadassa, Nasari Evangelical, Kurd-Zman, Ashti Evangelical, Evangelical Free, Baptist Church of the Good Shepherd, St. Mary’s Episcopal Church, al-Tasbih International Evangelical, Rasolia, United Evangelical, Assemblies of God, and Seventh-day Adventist.

The law reserves nine of the Council of Representatives’ (COR) 329 seats for members of religious and ethnic minority communities:  five for Christian candidates from Baghdad, Ninewa, Kirkuk, Erbil, and Dohuk; one for a Yezidi, from Ninewa; one for a Sabean-Mandean, from Baghdad; one for an ethnic Shabak, from Ninewa; and one for a Faili Kurd, from Wasit.  Usually one of the COR rapporteur (administrative) positions is designated for a Christian parliamentarian and the other for a Turkoman.  The Iraqi Kurdistan Parliament (IKP) reserves 11 of its 111 seats for ethnic and religious minorities:  five for Chaldeans, Syriacs, and Assyrians; five for Turkomans; and one for an Armenian, most of whom also belong to minority religious groups.

The constitution provides for a Federal Supreme Court made up of judges, experts in Islamic jurisprudence, and legal scholars.  The constitution leaves the method of regulating the number and selection of judges to legislation that requires a two-thirds majority in the COR for passage, but such legislation has never been passed.

The constitution provides citizens the right to choose which court (civil or religious) will adjudicate matters of personal status, including marriage, divorce, child custody, inheritance, and charitable donations.  Islam takes precedence when one of the parties to the dispute is from an unrecognized faith.  The law states civil courts must consult the religious authority of a non-Muslim party for its opinion under the applicable religious law and must apply the religious authority’s opinion in court.  In the IKR, the Personal Status Court adjudicates personal disputes between members of the same religion, while the Civil Status Court handles all other cases.  Minority religious groups may request a non-Muslim judge to adjudicate their cases.

The KRG MERA operates endowments that pay salaries of clergy and fund construction and maintenance of religious sites for Muslims, Christians, and Yezidis but not for the other five registered religions.

The law requires the government to maintain the sanctity of holy shrines and religious sites and guarantee the free practice of rituals for recognized religious groups.

By law, the government provides support for Muslims outside the IKR desiring to perform the Hajj or Umrah, organizing travel routes and immunization documents for entry into Saudi Arabia.

The constitution provides minority groups the right to educate children in their own languages.  While it establishes Arabic and Kurdish as official state languages, it makes Syriac – typically spoken by Christians – and Turkoman official languages only in the administrative units in which those groups “constitute density populations.”

Government regulations require Islamic instruction in public schools outside the IKR, but non-Muslim students are not required to participate.  In most areas of the country, primary and secondary school curricula include three classes per week of Islamic education, including study of the Quran, as a graduation requirement for Muslim students.  The government provides Christian religious education in public schools in some areas where there are concentrations of Christians, and there is a Syriac curriculum directorate within the Ministry of Education.

In the IKR, to register with the KRG MERA, private schools need to provide information on the school’s bylaws, number of students, size, location, facility and safety conditions, financial backing, and tax compliance, and to undergo an inspection.

National identity cards issued since 2016 do not denote the bearer’s religion, although the online application still requests this information, and a data chip on the card still contains data on religion.  The only religions that may be listed on the national identity card application are Christian, Sabean-Mandean, Yezidi, Jewish, and Muslim.  There is no distinction between Shia and Sunni Muslims, or a designation of Christian denominations.  Individuals practicing other faiths may only receive identity cards if they self-identify as Muslim, Yezidi, Sabean-Mandean, Jewish, or Christian.  Without an official identity card, one may not register a marriage, enroll children in public school, acquire passports, or obtain some government services.  Passports do not specify religion.

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

The Iraqi High Commission for Human Rights (IHCHR) reported that during the year it had received hundreds of complaints from relatives of persons detained on terrorism charges, citing claims of arrests based on malicious prosecutions, torture, and forced disappearance.  Sunni leaders said these abuses frequently targeted Sunnis held on terrorism charges.  IHCHR Vice President Ali Mizer al-Jarba said there were allegations that “detainees, most of whom were being prosecuted for terrorism cases, were tortured during pre-trial interrogation.”  He added that detainees’ families had demanded medical examinations to document this torture so that medical records could be used to challenge their indictments in the Court of Cessation.

International and local NGOs said the government continued to use the antiterrorism law as a pretext for detaining individuals, mostly Sunnis, without due process.  Observers again said the antiterrorism law did not afford due process or fair trial protections.  Sunni leaders said authorities referenced the law in their detentions of young Sunni men on suspicion of having ISIS links.  According to international human rights organizations, some Shia militias, including some operating under the PMF umbrella, continued to commit physical abuses and were implicated in several attacks on Sunni civilians, allegedly to avenge ISIS crimes against Shia.  The PMF is a state-sponsored organization composed of more than 50 mostly Shia militias originally formed to combat ISIS.  Human rights activists also said PMF forces operated secret prisons in which they held Sunni individuals on false accusations of ISIS affiliation.  PMF forces reportedly extorted families of the detainees.

Predominantly Sunni provinces, such as Anbar, Salah al-Din, Kirkuk, and Ninewa, reported fewer security incidents compared with 2019 and 2020.

Yezidis, Christians, and local and international NGOs reported members of the PMF continued to verbally harass and physically abuse members of religious minority communities.  According to media, from December 2020 through February, Iran-aligned militias operating under the PMF carried out a series of attacks on religious minority-owned businesses in Baghdad, including against Christian and Yezidi-owned alcohol establishments.  Minority community leaders said the attacks were designed to harass vulnerable minority entrepreneurs to pay illicit bribes and protection money to the militias.  In some cases, Muslim business competitors drove minority religious entrepreneurs out of business.

During the year, there was almost no reported progress in locating or rescuing missing Yezidis.  On August 2, authorities in the KRG’s Yezidi Rescue Coordinating Office reported 2,763 Yezidis, mainly women and children, were still missing both inside and outside the country, compared with up to 2,874 reported missing in 2020.  According to the Yezidi Rescue Coordinating Office, during the period 2014-2021, approximately 100,000 Yezidis left the country, with most moving to Germany and others to Turkey, Greece, Georgia, Armenia, France, the Netherlands, Croatia, the United States, Australia, Hungary, and Bulgaria.  Approximately 62 Christians also remained missing at the end of the year.  According to the KRG MERA, as of August 2, more than 3,550 Yezidis had escaped, been rescued, or released from ISIS captivity since 2014, compared with 3,543 through 2020.  According to Shabak parliamentarian Mohammed Ibrahim (a Shia of Ninewa), 233 Shabak individuals kidnapped by ISIS in 2014 were still missing.  According to Ninewa Governorate’s Advisor for Women’s Affairs Sukina Ali (a Shia Turkoman of Ninewa), 900 Shia and Sunni Turkomans kidnapped by ISIS were still missing at year’s end.

Sources said some government officials continued to facilitate arbitrary demographic change by providing land and housing for Shia and Sunni Muslims to move into traditionally Christian areas in the Ninewa Plain, such as Bartella Subdistrict, and Sunni areas in Diyala and Babil Provinces, including Jurf al-Sakhar District in Babil Province.  On August 11, Father Behnam Banoka, a Syriac Catholic Church leader in Bartella District, a Christian majority district in Ninewa Province, reported that member of parliament (MP) Qusay Abas, elected under the Shabak quota, had pressured the Ninewa municipality director to redistribute residential lands in Christian majority Bartella City to Shabak families.  According to Banoka, these ongoing demographic changes and the presence of the 30th PMF (Shabak) in the area were among the main reasons Christian IDPs were not returning to Bartella.  Members of Bartella’s Christian community said the brigade’s efforts to alter demographics negatively impacted their way of life.

According to press, in May, parliamentarian Raad al-Dahlaki, a Sunni from Diyala Province, warned that PMF forces and associated Iranian-backed militias continued to forcibly displace Sunnis in Salah al-Din, Diyala, and Ninewa Provinces.  Dahlaki stated, “Armed factions backed by Iran are constantly practicing demographic change operations with the government’s knowledge, but no one can dare to stop these operations.”  He added, “There are secret prisons for armed factions in Samarra and Jurf al-Sakhr Districts and in Diyala Province that contain Sunni detainees.”  Deputy speaker of parliament Hassan al-Kaabi dismissed these allegations as “inaccuracies” and called for the resignation of Sunni parliamentarian Dhafer al-Ani from Baghdad Province for having presented “inaccuracies” regarding the situation.  In May, al-Ani stated the PMF had carried out demographic changes in Salah al-Din, Ninewa, and Diyala Provinces.  Al-Ani called on the government to investigate and warned against “the continuation of these schemes that lead to the killing of civilians and the looting of the assets of people who have suffered from the crimes of ISIS,” referring to what he said were secret prisons armed PMF factions used in Samarra and Jurf al-Sakhr Districts.

Christian leaders reported that interest in the community in emigrating remained high, though COVID-19 travel restrictions prohibited many from leaving.  On August 6, Chaldean Patriarch in Iraq and the World Raphael Louis Sako released a statement warning of what he said were suspicious efforts to alter demographics in the areas inhabited by Christians in Ninewa Province.  He recommended the government implement a strategy to prevent these changes, warning that more Christians would emigrate if the situation continued.

On November 24, in a speech during Christmas Eve Mass at Saint Joseph Church in Baghdad, Prime Minister Kadhimi encouraged Christians to remain in the country and those who had left to return, stating, “We cannot imagine the Iraqi identity without Christians and other components.”  President Barham Salih wished the Christian community a Merry Christmas via Twitter, affirming his support for Christians who have suffered from the impact of extremism and terrorism.  Salih said the country needed to take a serious stand to establish “a capable state and good governance that upholds the principles of citizenship and protects rights and peaceful coexistence.”  COR Speaker Mohammed al-Halbusi sent his best wishes to Christians and hoped for peace and prosperity for the country.

In October, the head of the Iraqi Turkoman Front, Hasan Toran, said the PMF had not allowed Sunni Turkomans to return to their villages in Tuz-Khurmato District, Salah al-Din Province, but the PMF had allowed Shia Turkomans to return.  He stated that in Telafar, Ninewa Province, the PMF continued to verbally harass Sunni Turkomans at checkpoints and required them to obtain the approval of the PMF’s intelligence apparatus to obtain government documentation.  The KRG reported that Christians and other religious and ethnic minorities were victims of demographic changes emanating from the south of Tuz-Khurmato into Kirkuk Province, including in the villages of Matiq and Arab Koye.  These minorities included Kaka’i in Daquq and Mekhas in Khanaqin.

Throughout the year, Hamdaniya District Mayor Essam Behnam, a Christian, said he continued to resist both federal and provincial-level political pressure to issue land grants in Christian-majority Hamdaniya, Ninewa Province, to the mostly Shia families of PMF fighters who fought ISIS.

Shirko Toufiq, a media official of the 15th Kurdistan Democratic Party’s (KDP) headquarters in Diyala, told the Shafaq News Agency on December 7 that “the Iraqi government facilitated the Arabization of Kurdish territories in Diyala by ostracizing and marginalizing the Kurds in security and administrative government positions in the disputed territories in Diyala.”  Toufiq said the actions of ISIS and support of some “Sunni Arab locals” for that group contributed to the defacing and obscuring the cultural identity of 72 Kurdish villages in Diyala and forcing 4,200 Kurdish families to move to the Kurdistan Region or other governorates.  Kaka’i leaders said many of the residents of those villages were also members of their religious minority.

NGOs continued to state that constitutional provisions on freedom of religion should override laws banning the Baha’i Faith and the Wahhabi branch of Sunni Islam.  During the year, however, there were again no court challenges filed to invalidate the laws, and no legislation proposed to repeal them.

Representatives of minority religious groups, including Christians and Yezidis, continued to state that while the central government did not generally interfere with religious observances and even provided security for religious sites, including churches, mosques, shrines, and religious pilgrimage sites and routes, local authorities in some regions continued to verbally harass and impose restrictions on their activities.

Christian religious leaders continued to publicly accuse the 30th Brigade of verbal harassment of Christians in Bartella and elsewhere in Hamdaniya District of Ninewa.  Local residents continued to say militias posted pictures of Iranian Supreme Leader Ali Khamenei and former Quds Force Commander Qassim Suleimani, as well as of Iraqi militia leaders such as Secretary General of the U.S.-designated Foreign Terrorist Organization Asa’ib Ahl al-Haq (AAH), Qais al-Khazali and former Popular Mobilization Committee (PMC) Chief of Staff Abu Mahdi al-Muhandis on shops in Bartella.  They also stated the 30th Brigade continued to disregard 2019 government orders to withdraw from checkpoints in the Ninewa Plain.

On January 2, the leader of the Shia Sadrist movement, Muqtada al-Sadr, directed his deputies, including MPs, religious advisors, PMF leaders, and Deputy COR Speaker Hassan al-Kabi, to form a special committee to receive complaints from Christians inside and outside the country regarding their stolen properties and real estate, and he promised in a statement strict legal measures to punish perpetrators; however, although al-Sadr requested tangible results by May, the committee continued working through the end of year.  On October 5, former parliamentarian and current COR Speaker and Advisor for Components (Minority Groups) Affairs Emad Youkhana said Sadr’s committee had managed to return more than 90 properties, but that the committee sometimes used illegal approaches including threats of violence to return these properties.  Youkhana told the press that while the committee set up to address the return of properties was functioning, it was inefficient and weak, and its procedures were too slow and complicated to be effective.

The committee of security officials and Christian religious leaders created in 2019 by the OPM to return all Christian properties in Ninewa Province to their Christian owners continued to operate.

On September 24, Cardinal Sako told media that armed groups had stolen approximately 3,000-4,000 properties or projects that belonged to Christians in Baghdad and other provinces.   On October 6, head of the Christian, Yezidi, and Sabean Mandaean Endowment Raad Kajaji said that starting in 2017, to prevent others from taking over Christian properties illegally, the government had instructed that no property ownership transactions would be made without the endowment’s approval and needed to be “issued at the request of the owner.”  According to Kajaji, however, the regulation had not been fully successful in stopping illegal property transfers.  Christians of many denominations and residing throughout many parts of the country said the perpetrators sometimes falsified documents certifying themselves as Christians to obtain properties.

According to a high level committee established in 2020 by the KRG Council of Ministers to resolve outstanding land disputes affecting Christian communities, as of November, there were 55 confiscations of properties owned by Christians, as well as reports of individuals forcibly relocated from properties that had belonged to Christians but that had been confiscated by the former Baathist regime.  Of these, 38 cases were adjudicated, or the original owners dropped the charges.  The committee, which includes representatives from the IKP, IKR Presidency, IKR Judicial Council, KRG Ministries of Justice, Agriculture, Municipalities, and Finance, and the head of IKR’s Independent Human Rights Commission, requested immediate compensation for Christians whose lands had been confiscated, for a total of 3.2 trillion dinars ($2.19 billion).  The committee also instructed the Duhok Governorate Council to issue a decree centralizing the purchase and sale of lands and properties located in villages inhabited predominately by Christians.  In October, following pressure from the committee, the Duhok Court of Appeals amended several previous decisions in favor of Assyrian Christian residents of Kashkawa village regarding the ownership of disputed lands.  While Assyrian Christian leaders welcomed the decision, as of October, implementation was still pending with the relevant KRG departments.

Sources reported that Shia militias and the Shia Endowment continued to confiscate properties owned by the Sunni Endowments in Diyala and Ninewa Provinces, leading to sectarian tensions in those provinces.  According to Sunni Endowment representatives, the Shia Endowment confiscated a shrine and cemetery in Baquba District in Diyala, while Shia militias, including AAH, Badr, and Khurasani, turned some Sunni mosques in the province into PMF headquarters.  In Ninewa, the Sunni Endowment stated that the Shia Endowment worked secretly to confiscate properties owned by the Sunni Endowment in Mosul by using false documents or claiming Shia Endowment jurisdiction over the properties based on some of the shrines and mosques bearing Shia religious names.

Kaka’i community members again said the central government’s Shia Endowment continued to occupy places of Kaka’i worship in Diyala and Baghdad, converting them into Shia mosques.  According to Kaka’i representatives, the government had still not responded to their request for the return of the Baba Mahmud House of Worship, taken by the Shia Endowment in 2019.  Kaka’i representatives also reported that the Sunni Endowment continued to occupy Kaka’i houses of worship in Kirkuk.

In October, Christian sources reported the ISF continued to occupy Christians’ houses in Talkayf District, Ninewa Province, and to repurpose them as military barracks.  The sources also reported that the ISF continued to use a youth center as a detention center for ISIS prisoners in Talkayf, intimidating Christians in the district.  In October, Mayor of Talkayf District Bassim Balo said civilians were concerned about the possibility that ISIS forces might attempt to break into the facility and free the ISIS detainees.  He said some Christians had decided to leave the area to avoid ISF searches and restrictions of movement on residents in the area.  According to Balo, the ISF used many houses belonging to Christians without compensating the residents.

According to the KRG MERA, a Zoroastrian temple opened in Erbil in December 2020 with the support of the KRG Ministry of Endowment and Religious Affairs was forced to close during the year because of lack of financial support from the Zoroastrian community to pay the monthly rent on the building.

The KRG Ministry of Education continued to fund religious instruction in schools for Muslim and Christian students.  The ministry also continued to fund Syriac-language public elementary and secondary schools, which were intended to accommodate Christian students.  The curriculum in these schools did not contain religious or Quranic studies.  In the IKR, there were 49 Syriac- and 18 Turkoman-language schools.

Christian religious education continued to be included in the curricula of at least 255 public schools in the country, including 55 in the KRG, according to the Ministry of Education.  Christian and Yezidi leaders outside the IKR reported continued discrimination in education and the lack of religious minority input on school curricula and language of instruction.  One Kaka’i leader reported an incident in December of a student in Erbil being pressured by her teacher in front of her classmates to convert to Islam.

During the year, minority NGOs together with the NGO Minority Alliance Network continued to hold seminars and workshops to discuss curriculum reform in IKR schools, again recommending amendments to the current curriculum to emphasize religious minority rights.  KRG State Minister for Component (Minority) Affairs Ayden Maroof reported the KRG Education Ministry was working to implement a pilot project with NGOs, including the Minority Alliance Network, to convey to students a thorough understanding of important social values that were complementary to Islamic studies in primary and intermediate schools.  Maroof said the project would later extend to high schools.

Private Islamic religious schools continued to operate in the country.  They had to obtain a license from the director general of private and public schools and pay annual fees.

The Catholic University in Erbil continued to operate with full accreditation from the KRG Ministry of Higher Education and remained open to students of all faiths.  During the year, the university was in the process of opening a medical school affiliated with the American University of Beirut and seeking required permission from the IKR.

According to a representative of the Yezidi NGO Yazda, national government and KRG authorities continued to discriminate against minorities, including Turkomans, Arabs, Yezidis, Shabak, and Christians, in territories claimed by both the KRG and the central government in the northern part of the country.  In October, Yazda representative Jameel Shumar said Yezidis still faced difficulties if they self-identified as Yezidis rather than as Kurdish Yezidis, especially at IKR checkpoints.  He said IKR authorities denied entry to the IKR of Yezidi politicians known for considering Yezidis a separate group from the Kurds and that only those Yezidis who identified publicly as Kurdish could obtain senior positions in the IKR leadership.  Kaka’i leaders also criticized a lack of representation in local KRG positions.

On June 22, former member of the Ninewa Provincial Council and member of the Yezidi Movement for Progress and Reform Khudaida Khalaf said KDP Peshmerga forces insulted Yezidi tribal leader Khalaf Omar Hamzi and his son while they were passing through checkpoints in Dohuk Province.  According to Khalaf, Peshmerga members asked Hamzi if he was Kurdish or Yezidi.  When he told them he was Yezidi, they shoved him and insulted his use of traditional dress.  Khalaf said these kinds of incidents happened frequently to Yezidis passing through Peshmerga checkpoints, especially to known Yezidi activists.

While there remained no legal bar to ministerial appointments for members of religious minority groups, in practice there were still few non-Muslims in the central government Council of Ministers or the KRG Council of Ministers, a situation unchanged from the previous three years.  Members of minority religious communities, including Christians, Yezidis, Kaka’i, and Sabean-Mandeans, continued to hold senior positions in the national parliament and central government – among them Minister of Displacement and Migration Evan Faiq Jabro, a Christian, and KRG Minister of Transportation Communication Ano Abdoka, a Syriac Orthodox Christian.  Several KRG district and subdistrict mayoral positions continued to be reserved for members of religious minority groups, in particular for Yezidis and Christians, and in May, the KRG elected Christian lawyer Muna Yukhna Yaqu to lead the Independent Human Rights Commission of the Kurdistan Region.  Minority leaders, however, said they were still underrepresented in government appointments, in elected positions outside the COR, and in public sector jobs, and that this overall underrepresentation limited members of minority groups’ access to government-provided economic opportunities.  On October 4, KRG Prime Minister Masrour Barzani announced the KRG had elevated Ankawa, a predominantly Christian suburb of Erbil, to an “autonomous district” of Erbil Province to allow local leaders more administrative control, including the ability to nominate civic leaders, appoint officials, and manage security.

Although the IKP continued to reserve 11 seats for religious and ethnic minority candidates and the national COR reserved nine seats for religious and ethnic minority candidates, the law did not restrict who could vote in quota seat races.  Citing reports of Kurds voting for minority parties that aligned with major Kurdish parties, some members of the IKR’s minority populations said these votes undermined the intended purpose of the minority quota seats and diluted the voice of members of minority groups in government, while others opposed restricting who could vote in quota seat races.  Religious minority leaders, including Christians and Yezidis, also expressed their dissatisfaction with the election arrangements and their wish to restrict quota seats only to minority voters.  According to religious and ethnic minority leaders, particularly Christians and, to a lesser degree, Sabean-Mandeans, Shabak, and Faili Kurds, national-level politicians and parties and the IKR’s powerful political parties instructed non-Christian voters to vote for religious minority quota candidates loyal to the parties they wanted to win the October 10 parliamentary election, outvoting “legitimate” minority quota candidates.  Christian parliamentarians Rehan Hana and Yonadam Kanna and other minority representatives and religious leaders supported restricting quota seat races to voters of the same ethnicity and/or religion, while Christian parliamentarians affiliated with Shia political coalition parties drawing votes from Shia-majority provinces opposed imposing restrictions.

The COR was once again unable to pass a new law regulating the number and selection of judges following unexpected vacancies on the Federal Supreme Court bench beginning in late 2020.  In March, the COR amended existing legislation to replace the entire bench.  As a result, the only Christian judge on the court was removed, and a new position of Secretary General was created, which was filled by a different Christian judge.  Efforts to add Islamic jurists to the bench faced resistance from multiple parties in the COR, especially religious minorities, while some political analysts contended that every Iraqi judge was an Islamic jurist by virtue of his or her training in Islamic law.

On December 9, Cardinal Sako said the main obstacle to the consolidation of the democratic process in the country was the sectarian approach of political parties and the quota system, which designates seats in parliament along ethnic, religious, and sectarian lines, and which also applies to the distribution of positions in government institutions.  Sako said sectarianism fueled corruption, poverty, unemployment, and illiteracy, pointing out that the number of Christians in the country had fallen to fewer than 500,000, while it was more than 1.5 million before 2003.

Christians said they continued to face discrimination that limited their economic opportunities, such as PMF “taxation” on goods transported from Erbil or Mosul into the Ninewa Plain.  Sabean-Mandeans, Yezidis, and Christians continued to report fear of importing and distributing alcohol and spirits, despite receiving permits.  Christian, Yezidi, and Sabean-Mandean store owners, especially those operating with alcohol sales licenses, reported PMF militias blackmailed and attacked them.  The ban on alcohol consumption by Muslims, according to local sources, prevented Muslim store owners from applying for permits allowing them to carry and sell alcohol.  Community sources reported the continuing practice of Muslim businessmen using Christians as front men to apply for these permits and operate the stores.

Yezidi community leaders reported that the government continued to require Yezidi female captives of ISIS, who were repeatedly raped and bore children, to register those children as Muslims and convert to Islam themselves to obtain identification cards, passports, and other governmental services – in part because the Yezidi community did not consider these children to be Yezidi.  The Yezidi religion traditionally requires a child to have two Yezidi parents to be considered a member of the community.  According to political party Patriotic Union of Kurdistan COR parliamentarian Rezan Sheikh Dier, efforts to pass a law entitled “My name is my mother’s name” continued during the year.  If passed, the bill would allow a mother’s religion to be passed down to her child.  In August, IKR NGOs and artists launched a campaign to support the draft law, but they said media and some members of the community, especially more traditional Muslims, objected to the bill.

During the year, the NGOs Christian Aid Program Nohadra for Humanitarian Aid in Iraq (CAPNI) and the Hammurabi Human Rights Organization continued to seek amendments to the national identification card law requiring minor children to be listed as Muslim on the identification application form if one parent had converted to Islam.  The NGOs said the law was a “flagrant violation” of the rights on non-Muslims in the country.

In an October report on civil documentation, the UN High Commissioner for Refugees reported that different patterns of rights violations emerged.  The report stated, “Sometimes, the right of IDPs and returnees to obtain documentation is deliberately denied by security actors, especially for persons with perceived affiliation to extremist groups, who are usually subjected to multiple requirements related to security clearance and to family denunciation processes.  In most cases, authorities are unable to effectively provide documentation due to limited operational resources dedicated to the Civil Affairs Directorates and to administrative regulations not being adapted to the specific situation of IDPs and returnees.”  This lack of access to documentation affected many IDPs, including those who were members of religious minorities, such as Yezidis and Christians.

On September 22, Muna Yako, head of the Independent Human Rights Commission in the IKR, called on the KRG, Christian churches, and human rights organizations to help a divorced Christian woman.  Yako reported that the woman’s husband had converted to Islam following their divorce, thereby automatically legally converting their 10-year-old son to Islam and giving the father custody.  Yako said IKR political parties did not consider these cases important and had not updated the relevant laws.  Former Christian MP, COR Speaker, and Advisor for Components Affairs Emad Youkhana said Christian politicians and churches often asked the IKP to amend the national identification card law, but he said politicians and leaders lacked the will to change laws.

According to Christian leaders, authorities continued to force Christian families formally registered as Muslim but privately practicing Christianity or another non-Islamic faith to either register their children as Muslims, or to have the children remain undocumented by federal authorities, thereby denying them the ability to legally convert from Islam.  They said that remaining undocumented affected the family’s eligibility for government benefits, such as school enrollment and ration card allocation for basic food items, which are determined by family size.  Larger families with legally registered children received higher allotments than those with undocumented children.  In November, media reported that a Christian woman said she had converted to Islam to obtain a divorce because it was difficult as a Christian to obtain church permission to divorce.  At the time of her conversion, her sons and daughters were minors.  When she tried to renew their official papers, she discovered that her children had also been converted to Islam by law.

Zoroastrian, Kaka’i, and Baha’i leaders again reported that their religion was listed as “Islam” on their federal identification cards, a common problem reported by members of unrecognized religious minority groups due to the country’s constitution and its personal status law.

Based on local media reports during the year, social recognition of the genocide that ISIS committed against the Yezidis continued to grow.  Cross-sectarian genocide commemoration events took place on August 3 for the fourth consecutive year.  On August 3, KRG Prime Minister Barzani issued a statement on the seventh anniversary of the genocide that said, “On this painful anniversary, the KRG will continue its efforts to return displaced Yezidi to their areas with dignity, and we are also working with the federal government and the international community on the reconstruction of Sinjar and the rest of the Yezidi areas.”  On August 3, Prime Minister Kadhimi said, “The Iraqi people are commemorating the seventh anniversary of the heinous crime of ISIS against our Yezidi people at the hands of ISIS.  The Yezidi portfolio is one of the government’s priorities.  The government will not spare any effort in supporting the Yezidi survivors and in preparing a government program for their rehabilitation, in addition to the government’s effort to return the IDPs to their areas and to provide all forms of assistance for the stability and reconstruction of their areas.”

On July 15, Yezidi MP Khaleda Khalil (KDP) stated that a group of political parties had worked to stop progress on a proposed law to help Yezidi survivors of ISIS in the COR for political reasons.  She said this delay was “on the pretext that they [the group of political parties] had mentioned the genocide in an article in the Yezidi Survivors’ Law as if the genocide of our people, the Yezidis, deserves nothing more than a mention in a few words that do not entail any legal action.”  In October 2020, Khalil submitted a bill to the Iraqi COR presidency to recognize the 2014 Yezidi killings as genocide, stating that the law would compel the government to take responsibility for the victims, strengthen accountability for those who committed crimes against humanity, and provide psychological and medical care as well as reparations to the victims and survivors of ISIS crimes.

During an August 16 visit to Ninewa Province as part of an initiative to encourage members of minority religious groups to remain in the country, Prime Minister Kadhimi renewed his calls to Iraqi Christians and other minorities abroad to return to the country and take part in rebuilding it.  Kadhimi also said Sinjar would shine in the country’s history as witness to the strength of Yezidis in the face of the brutality of ISIS terrorists.  According to Kadhimi, the government was working on implementing the Sinjar Agreement of October 2020, which, he promised, would facilitate reconstruction in the area and restore social cohesion in its communities.  He also stated the government was sparing no efforts to end the displacement of Yezidis and locate those still missing.

On January 25, Ammar al-Hakim, the head of the Hikma Trend political party, called for the voluntary return of all members of minorities to their respective areas of origin.  On July 2, al-Hakim stressed the importance of the ethnic and religious diversity in minority areas and the importance of imposing government control to ensure their safety.  After a January 25 meeting in Baghdad with the religious leader of the Sabean-Mandaean community, Sheikh Sattar Jabbar Helou, President Salih stated that Sabean-Mandeans were an essential part of the national social fabric.

Followers of recognized religious groups, including Baha’is (recognized only in the KRG) and Yezidis (recognized by both the central government and the KRG), reported the KRG allowed them to observe their religious holidays and festivals without interference or intimidation.  Provincial governments also continued to designate festivals as religious holidays in their localities.

Some militias in Ninewa continued to draw their members from local Yezidi and Christian communities but remained subordinate to larger organizations – the PKK in the case of the YBS (Sinjar Resistance Units), for example, and larger Iran-aligned militias in the cases of the 30th (Shabak) and 50th (Christian) PMF Brigades.  According to Yezidi and Christian officials, some militias continued to receive support from the central government in Baghdad through the PMC, which oversees PMF forces, while others received assistance from the KRG.  Representatives of religious minority groups, such as Yezidi and Sabean-Mandean parliamentarians, continued to state they sought a role in their own security and had requested government support to create armed groups from their own communities.  Others asked to join regular law enforcement units, but by year’s end, none had done so because the government had not implemented a recruitment process.

In October 2020, the central government and KRG reached an agreement on cooperation with the UN Assistance Mission for Iraq on a framework for the security and political administration of Sinjar District, as well as forming a joint committee from the central government and KRG to reconstruct Sinjar with the local administration of Ninewa Province.  Yezidi leaders and community members criticized the agreement, saying they did not have enough involvement in the negotiations and remained apprehensive about the progress of implementation.  On July 18, former Ninewa Provincial Council Speaker Sedo Jato and a Yezidi MP representing the KDP in Sinjar said, “Ten months after signing the Sinjar Agreement between the Iraqi government and IKR government under UN supervision, only one aspect of the agreement has been implemented:  recruiting new Yezidi and Arab residents into the Sinjar police.”  Special Representative of the UN Secretary-General for Iraq Jeanine Hennis-Plasschaert characterized the implementation as “slow” in an August 30 statement and called on the central government, KRG, and concerned parties in Sinjar to be more serious in implementing the agreement because it was in the best interest of the residents of Sinjar District, Ninewa Province, and of all Iraqis.  On August 30, National Security Adviser Qassem al-Araji announced that the government had formed a security force for Sinjar District in northern Ninewa Province composed of 2,500 local citizens, as required by the Sinjar Agreement.  According to the head of the Sinjar Council, Falah Hassan, however, the force had not yet deployed as of year’s end.  Yezidi leaders and activists cited the lack of progress in implementing the plan or improving the security situation in Sinjar as major impediments to the ability of internally displaced Yezidis to return to their homes.

In March, during the first papal visit to the country, Pope Francis met with Grand Ayatollah al-Sistani and conducted Christian and interfaith ceremonies in Baghdad, Mosul, and the IKR.  Christian and other religious and ethnic minority leaders stated the visit helped raise the profile of Christian issues in the country and the importance of its religious diversity.  Prime Minister Kadhimi applauded Pope Francis’ visit as a great success and called on the Iraqi people and others to form a dialogue of understanding and tolerance.  “The Pope’s message reached all over the world as he travelled with a heart full of hope in the beloved cities of Iraq.  Our people’s message reached all the peoples of the earth,” Kadhimi said.

The Sunni and Shia endowments continued to accept Hajj applications from the public and submit them to the Supreme Council for the Hajj.  The council, attached to the OPM, organized a lottery to select pilgrims for official Hajj visas.  Lottery winners paid differing amounts to the government depending on their mode of travel for the Hajj, 3.7 million dinars ($2,500) by land and 4.8 million dinars ($3,300) by air.  In the IKR, the KRG MERA organized Hajj and Umrah travel, administering a lottery to choose the pilgrims for official Hajj visas allotted to the IKR and coordinating flights and visas with outside authorities.

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