The Kurdistan Center for International Law (KCIL) announce
the completion of “Combatting Anti-Discrimination Law” draft for combating
discrimination in the Kurdistan Region of Iraq. This initiative is another step
taken by KCIL to promote equality, justice, and respect for human dignity
across all aspects of life in Kurdistan.
The Process
The journey to drafting this law was relatively inclusive. KCIL brought
together voices and contributions from across Kurdistan. It began with assigining three legal experts for
preparing the initial draft. Once this was complete, KCIL organized seven
workshops and discussion sessions between April and November 2024 to refine the
draft. These sessions engaged a wide array of stakeholders, including
parliamentary advisors, judges, public prosecutors, academics, legal scholars, and
practitioners. Their insights, critiques, and suggestions were invaluable to
improving the inittial draft. It was also shared with five additional legal
experts and judges, who provided detailed written feedback. This collective
effort was to make sure that the draft reflects diverse perspectives and
address real challenges for equality and justice in Kurdistan. Then, KCIL’s
legal team carefully reviewed all the feedback received during the workshops
and from written submissions. After finalizing the first version in Kurdish, it
was translated into Arabic, and English. The three versions are now ready to be
submitted to the Kurdistan Parliament for further consideration.
What is in the Draft
The proposed law is a comprehensive framework that tackles discrimination
in its many forms. Key sections include:
Definitions: Clear explanations of terms
like discrimination, harassment, and hate speech, as well as the protected
characteristics such as ethnicity, religious background, gender,
disability, and more.
General
Provisions: Rules for prohibition of all forms of discrimination; they apply
to individuals and legal persons in both the public and private sectors.
Permissible
Discrimination or Affirmative Actions: Provisions allowing positive actions to promote
equality, particularly in addressing historical injustices.
Pubishment and Penalties: Clear sanctions for acts of
discrimination, including imprisonment, fines, and alternative penalties
like community service.
Institutional
Oversight: Creation of a specialized anti-discrimination unit within the
Kurdistan Human Rights Commission to monitor and enforce the law.
The Importance of this law
Discrimination undermines the very fabric of a just society. This law is
a critical step toward creating a Kurdistan where everyone, regardless of their
background and identity, enjoys equal opportunities. It addresses long-standing
issues, protects vulnerable groups, and fosters a culture of mutual respect,
diversity, and peaceful coexistence.
Next Steps
Now that the draft law complete, the next phase is submitting it to the
Kurdistan Parliament once the new parliamentary session begins. KCIL will also plan
an advocacy campaign to support the law’s adoption by working closely with the
Parliament, NGOs, and legal professionals. These efforts will continue until
the draft becomes law.