Religious Freedom at the National Level
Youhanna Towaya, Director of the Humanitarian at Ninevah Relief Organization, and a member of the Steering Committee for the Iraq Religious Freedom and Antidiscrimination Roundtable spoke first. He said that for several years, his organization has been working on draft legislation protecting freedom of religion in Iraq, since the Iraqi constitution does not adequately do this. The constitution does state that Islam is the "official religion" of Iraq. Islam is held to provide whatever religious freedom people should have. He said that writing a religious freedom law has not been an easy process, because parliamentary leaders were unwilling to consider it, and many laws in Iraq inhibit religious freedom.
One law, the National Cult Law, says that children must be Muslim if at least one parent is Muslim. "We still have cases of people who were forced to embrace Islam who find it very difficult to go back to their original religions." They encounter many difficulties and legal issues regarding their personal life, particularly regarding marriage and inheritance. Iraq's current Personal Status Law is held by many to impede the rights of women and children generally. It has been subsequently sustained by Iraq's highest court. Christians are not allowed to inherit from their parents if their parents were Muslims. All religious groups must (to some degree) use Islamic law governing domestic relations, most notably in law pertaining to marriages and inheritance.
Yazidis in Iraq
Ghanm Saleem, another member of the Iraqi Religious Freedom Roundtable spoke next concerning the Yazidis in Iraq. He recalled his parents saying that "we can't live, but under the flag of the government." It is thought by some that religious freedom is "not possible in Iraq." But advocates for the proposed religious freedom legislation had support from the Legal Committee in Parliament. Legislators on the committee understood the proposed religious freedom law will not only protect minorities, but protect everyone's religious freedom, thus making it more acceptable. Yazidis are particularly interested in passing the law, after the persecution of the Yazidis during the ISIS war of the 2010s. They are a small minority, with only the law to protect them. "After the displaced Yazidis went back to their cities, there were many questions, like to choose between displacement or going back, and if going back is the answer, then what to do when we are back."
Saleem said that the proposed religious freedom law is needed "not only for the Christians and Yazidis, but also other religious minorities that are not mentioned in the Iraqi constitution. We always say that the Yazidis as [a] weak community need this legislation to give them trust to go back to their cities and areas and live there." Especially, with much hostile rhetoric against non-Muslims in the area that encourages "killing and displacement" of Yazidis, a religious freedom law is needed. According to Saleem, the legislation would penalize not only acts of violence, but also speech against religious minorities, putting it at odds with classic religious freedom and speech. He also saw a need to change school curricula, which also contains hostile statements about minorities.
Religious Freedom in Kurdistan
Another member of the Iraqi Religious Freedom Roundtable, Amir Mawloud, from Kurdistan, spoke next. The Kurds are a large minority in Iraq, with their own regional government, and he pointed out that Arabic and Kurdish are the formally recognized languages in the country.
He said that there is a "red line" that there must be laws that guarantee religious freedom and prohibit discrimination against "all communities and components of Kurdistan." There is a marked difference, he said, between the situation in Kurdistan and that in the rest of Iraq. In the rest of Iraq, there is a claim that people are free in regard to religion, but this is not the reality. But in Kurdistan, there is much interest in guaranteeing religious freedom. He focused on particular legislation in Kurdistan about "minorities rights," referring specifically to Kurdistan Law no. 5 (2015). This deals with religious and ethnic minorities from other parts of Iraq that have come to Kurdistan. Kurdistan was a "safer place" than the rest of Iraq. Minorities have official representatives in the government of Kurdistan, and there is a strong commitment to religious freedom. He asked how Iraqi society could be restructured to prevent a return to the terrible experiences of the past. Religious freedom and a pluralistic society with a place of all religious and ethnic groups are essential for this, he said. Kurdistan's experience could be a guide for all of Iraq, he suggested.
Bahai Aspiration for Religious Freedom
Dr. Tahira Sadiq spoke for the Bahai community. She observed that historically, Iraq has had "a diversity of religions, sects, and ethnicities." She said that the various religions of Iraq, including the Bahai faith, "are very deeply rooted in the history of Iraq." "Unity and peace" was declared by the founder of the faith, Bahaulluh, in 1863 in Bagdad. "Social cohesion" is a key objective of the faith, and legislation to ensure freedom of religion, such as that currently being formulated by the Iraq Religious Freedom Roundtable "plays a crucial role" in this regard. But some current laws in Iraq impede this. To have religious freedom in Iraq, it is necessary to be properly mentioned in the constitution, but some groups, such as the Bahais, Jews, and others, are not mentioned. She would like all religions in Iraq to have representatives in the committee drafting the law.
Assyrian Struggle for Survival
The Secretary General of the Assyrian Democratic Movement, Yaqoob Yaqo, said that inability of Iraq's factions to agree on a vision of the country has resulted in continued instability since the end of Saddam Hussein's regime in 2003. This opened the door for terrorists to enter. He said that "Iraq has paid a heavy price" for the 2003 invasion and subsequent instability. The Assyrian, Yazidi, and Mandaean communities have suffered greatly. He pointed to the oft stated observation that Iraq had a population of 1.5 million Assyrian Christians in 2003, and it has now fallen to less than 300,000, with continuing decline. There have been "ongoing, targeted attacks" since 2003 on the Assyrian people, and their churches and monasteries. This has resulted in a real erosion of "cultural, ethnic, and religious identity." The Assyrian homeland on the Nineveh plain was largely captured by ISIS in the mid-2010s. Horrific acts of violence were committed. Today, this region is disputed between the Iraqi central government and the Kurdistan regional government (KRG).
"A security collapse" in this area is possible. Self-defense is important for anyone living on the Ninevah plain, and he believes that assistance should be provided to enable this. Yaqo expressed appreciation for the international support given Assyrians in Iraq but asked for political support for the "Assyrian nation," in view of Assyria's 6,000-year-old history, as well as "a profound Christian heritage close to 2,000 years." Requirements for the survival of the Assyrian people on their ancestral homeland are: 1) "the Ninevah plain has long been neglected" due the conflict between the national government in Bagdad and the KRG government in Irbil. The central government should be pressured, he believes, to respect the decision of the Iraqi Council of Ministries on January 21, 2014, appealing to Article 125 of the Iraqi constitution for an Assyrian province in Iraq, 2) "locally embedded Assyrian armed forces," approved by the Iraqi government, are necessary for security, 3) promote "the political and demographic existence of the Assyrian community" living in Iraq, ending "land-grabbing" and allowing people to return to their ancestral homeland.
Yaqo's remarks were supplemented by another Assyrian advocate, and an organizer of the legislative track at the IRF Summit, Carmella Borashran. She observed that due to the ISIS war the "Ninevah plains were emptied of indigenous inhabitants," and church bells silent for the first time in 1,700 years, and many irreplaceable cultural artifacts have been destroyed. Prospects for survival of indigenous peoples are not good. Land-grabbing, Islamization law of minors, Parliament codifying seizure, hostile rhetoric, dislodgement of Assyrians from the historic homeland, and the territorial expansion of the KRG are all grave problems. She said that both the KRG and the federal government must "demonstrate in good faith ... a commitment to resolving their dispute and taking meaningful steps to improve the overall condition for all Iraqis, especially vulnerable, indigenous groups and minorities." There must be more than words, she said. Most important is the right of indigenous minorities "to manage their own affairs in their historical regions and lands."
Conclusion
Barker then asked each panelist to briefly state what legislation they believe would improve the situation with which they are concerned.
Towaya said the Iraqi government should approve the proposed religious freedom legislation, because as far as religious freedom is concerned, "reality is different than the talk."
Saleem said the Yazidi community would not be "safe and secure" except under the proposed religious freedom law. The law is not only relevant to religious minorities, but to ethnic minorities. He hoped that religious minorities could go back to their homes, and that religious freedom would prevail in Iraq generally, as it does in Kurdistan.
Mawlaud said that the Kurds were "ready for real partnership with the Iraqi government to work together" for the religious freedom law. He said that the Kurdish government and people hoped to improve religious freedom not only in Iraq, but in the Middle East more generally.
Dr. Sadiq said that "a formal recognition" of the Bahai faith is the most important thing that her religious group would want. She would like this for the Bahai faith, but also for other religions, not only in Iraq, but among Middle Eastern nations generally. She believes the desire for "unity and cohesion" is there with the Iraqi people, and this should be reflected "on the legislative level as well."
Barker agreed that actions as well as words are important but said that words written into law are also needed to "provide a basis for action."
Overall, religious minorities are a greatly diminished presence in Iraq. What the future holds for them is far from clear. It will depend critically on the good will of both the Iraqi national government and the Kurdish Regional Government, and to some degree on whether many individuals living in diaspora choose to return to their ancestral homelands. But from a moral standpoint, these minority groups are certainly entitled to the protection that the proposed religious freedom legislation would provide.
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