Marginalized Within Their Homeland: The Plight of Iraq’s Roma and the Struggle for Equality Under the Rule of Law

The Roma of Iraq: A Story of Exile Within Their Homeland

The plight of Iraq’s Roma population, often referred to as "gypsies," is a poignant example of systemic marginalization and exclusion. Since the US invasion in 2003, the Roma community has faced severe social, economic, and political challenges, including forced displacement, discrimination, and denial of fundamental rights. Despite being citizens of Iraq, they remain ostracized and excluded from mainstream society, living in conditions that violate basic human rights and dignity.

Living Conditions: A Life of Deprivation

In the village of Al-Zohour, located 20 kilometers southeast of Diwaniyah Governorate, approximately 100 Roma families live in dire conditions. The village, often referred to as "the village of flowers," stands as a grim testament to their suffering. Residents live in mud houses without access to basic services such as water, electricity, healthcare, or education. The lack of infrastructure and essential services has relegated the community to a primitive existence, further isolating them from the broader Iraqi society.

The marginalization extends beyond living conditions. Roma youth face systemic barriers to employment, as city residents actively prevent their integration into the workforce. This exclusion is compounded by discriminatory practices in official identification documents, which historically labeled them as "gypsies" and later as "exceptions" following changes to the Personal Status Law after 2003. These labels have effectively barred them from applying for government jobs or joining the security forces, further entrenching their social and economic exclusion.

Cultural and Social Marginalization

Historically, the Roma in Iraq were known for their cultural contributions, particularly in music and dance, professions passed down through generations. However, after 2003, these traditional livelihoods were stripped away, forcing many Roma into begging or other precarious activities. Women in the community, in particular, have suffered exploitation, with some falling victim to sex trafficking networks.

The exclusion of Roma from Iraqi society is not only societal but also institutional. Government policies have systematically marginalized the Roma, denying them access to basic rights and opportunities. Even though they are recognized as Iraqi citizens with the right to vote, they are denied opportunities for upward mobility or meaningful participation in public life.

Human Rights Perspective

From a human rights perspective, the treatment of Iraq’s Roma population constitutes a violation of several international conventions and principles. The Universal Declaration of Human Rights (UDHR) emphasizes the right to equality and non-discrimination (Article 1 and Article 2). Similarly, the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees the right to adequate housing, education, and work—rights that the Roma of Iraq are systematically denied.

The Roma community’s exclusion from access to education, healthcare, and employment violates their inherent dignity and perpetuates cycles of poverty and marginalization. The lack of recognition and systemic discrimination also contravenes the principle of equality under the law, a cornerstone of any functioning rule of law framework.

Rule of Law Perspective

The rule of law requires that all individuals, regardless of ethnicity or background, are treated equally before the law. In the case of Iraq’s Roma, the discriminatory labels in their identification documents and the denial of access to employment and basic services highlight significant failures in upholding this principle. The Iraqi government’s policies have institutionalized discrimination, creating barriers to justice and equality.

Recent reforms, such as the Ministry of Interior’s decision to issue national identification cards without discriminatory references, represent a step forward. However, these measures must be accompanied by broader institutional changes to dismantle systemic discrimination. The rule of law also demands accountability for past injustices and proactive measures to integrate marginalized communities into society.

Religious and Societal Controversies

The societal ostracism of the Roma is deeply rooted in cultural and religious biases. Some religious authorities have issued fatwas discouraging interaction with the Roma, further alienating them from mainstream society. However, progressive voices within the religious community, such as the late Shiite religious authority Muhammad Muhammad Sadiq al-Sadr, have called for their inclusion and fair treatment. Al-Sadr’s efforts in the 1990s to address the Roma’s plight and advocate for their acceptance in society represent a critical counter-narrative to the exclusionary practices that persist today.

Islamic scholar Mohsen Al-Awadi has emphasized that Sharia law does not condone the exclusion of any group from basic rights, including education, employment, and social participation. He argues that societal rejection of the Roma is based on cultural biases rather than religious doctrine, pointing out that the Quran advocates for compassion and justice for all individuals.

Recent Initiatives and Glimmers of Hope

In recent years, there have been efforts to address the Roma community’s plight. Members of the Iraqi parliament, including Anaam al-Khuzaie, have launched campaigns such as the "Human Rights" initiative to advocate for the Roma’s inclusion and recognition. This campaign has resulted in significant milestones, such as the issuance of national identification cards without discriminatory labels and the inclusion of Roma schools in the Al-Sadr educational project. These initiatives aim to provide Roma children with access to education and basic supplies, offering a glimmer of hope for future generations.

However, the road to full inclusion remains long. While local institutions have shown some willingness to support the Roma, systemic change is needed to address the root causes of their marginalization. This includes developing infrastructure in Roma villages, ensuring access to healthcare and education, and creating employment opportunities.

The Roma of Iraq remain one of the country’s most marginalized communities, facing systemic discrimination and exclusion. Addressing their plight requires a multifaceted approach that combines human rights advocacy, rule of law reforms, and societal education. The government must take proactive steps to dismantle discriminatory practices and ensure that the Roma are treated as equal citizens with the same rights and opportunities as others.

Religious and cultural biases must also be challenged to foster a more inclusive society. By addressing these systemic issues, Iraq can move closer to fulfilling its obligations under international human rights law and creating a society where all citizens, regardless of their background, can live with dignity and equality.