Policies

Thanks to Justice for Jews from Arab Countries for contributing this summary to the JIMENA Iraqi Experience website:

“Discriminatory Decrees and Violations of Human Rights 
(Intended merely as a sampling and not an exhaustive compilation)

The first piece of legislation enacted that violated the rights of Jews was the 1948 amendment 12 to the 1938 supplement 13 to the Penal Code of Baghdad. The Baghdad Penal Code set out the provision regarding communism, anarchy and immorality in section 89A(1). The section generally prohibits the publication of anything that incites the spread of hatred, abuse of the government or the integrity of the people. This amendment, enacted in 1948, added “Zionism” to communism, anarchism and immorality, the propagation of which constituted an offence punishable by seven years imprisonment and/or a fine.

In an article that appeared in the New York Times on May 16, 1948, it was reported that: “In Iraq no Jew is permitted to leave the country unless he deposits £5,000 ($20,000) with the Government to guarantee his return. No foreign Jew is allowed to enter Iraq even in transit.” Law No. 1 of 1950, entitled “Supplement to Ordinance Cancelling Iraqi Nationality,” in fact deprived Jews of their Iraqi nationality. Section 1 stipulated that “the Council of Ministers may cancel the Iraqi nationality of the Iraqi Jew who willingly desires to leave Iraq…” (official Iraqi English translation).[1]

Law No. 5 of 1951 entitled “ A law for the Supervision and Administration of the Property of Jews who have Forfeited Iraqi Nationality” also deprived them of their property. Section 2(a) “freezes” Jewish property.[2]

There were a series of laws that subsequently expanded on the confiscation of assets and property of Jews who “forfeited Iraqi nationality”. These included Law No. 12 of 1951 16 and the attached Law No. 64 of 1967 (relating to ownership of shares in commercial companies) and Law No. 10 of 1968 (relating to banking restrictions).

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1. Law No. 1 of 1950 entitled “supplement to Ordinance canceling Iraqi Nationality”, Official Iraqi Gazette, March 9, 1950. 
2. Law No. 5 of 1951 entitled “ A law for the Supervision and Administration of the Property of Jews who have Forfeited Iraqi Nationality” (Official Gazette, 10 March 1951, English version, p.17).”