Campaign to promote freedom of expression law receives boost from members of parliament

Iraqi human rights groups have been campaigning to increase public awareness of serious human rights violations stipulated in Iraq’s Draft Law of Freedom of Expression and Peaceful Assembly. They have launched a policy paper on the law with recommendations to the government which has been well-received. The recommendations were compiled following extensive consultations in different cities with a broad-based group of participants including local NGOs, independent activists and human rights defenders, media, the Human Rights Commission and Members of the Iraqi Parliament.

The Policy Paper was prepared by the campaign partners  – SAMA Organization for Psychological and Social Support and Al-Nidal Association for Human Rights – as a subgrant which was part of a project with the Innovation for Change MENA Hub in partnership with the Gulf Centre for Human Rights (GCHR).

They write, “Freedom of expression is a fundamental human right that encompasses multiple rights and freedoms. Citizens around the world strive every day to defend these rights and freedoms in their quest for a life of dignity and remind their governments and authorities of their duty to promote and protect these rights and prevent any prejudice to them, as they constitute the cornerstone upon which all hopes are built in order to enjoy the other rights.”

They continue, “Our aim behind forging a coalition and debating Iraq’s Draft Law of Freedom of Expression and Peaceful Assembly goes beyond this text of law, as we also seek to convey the concerns and expectations of opinion leaders, activists, human rights defenders, journalists, lawyers, and others regarding this crucial right and everything related to it.”

The campaign was organized over the course of two and a half months during which dialogue sessions were held in different Iraqi governorates (Baghdad, Anbar, Wasit, Nasiriyah) to deliberate the law with stakeholders and opinion leaders, develop the present policy paper reflecting the views of participants as well as campaign organizers, and share these views with relevant executive and legislative authorities. The campaign aims ultimately to prevent the promulgation of any laws that include freedom-restricting or freedom-depriving provisions, in keeping with human rights principles guaranteed by international treaties and domestic laws and regulations, particularly the Iraqi Constitution.

On 10 October 2023, the campaign partners organized a meeting to discuss the national campaign to amend the draft law on freedom of opinion and expression with the Parliamentary Development Institute and in cooperation with the Iraqi Women Network. The session was opened by the speaker, Saad Fayyad, Director General of the Parliamentary Development Institute, who stated that it is important to adopt national legislation related to freedom of expression of opinion in order for Iraq to keep pace with the international legal system and respect its international obligations. He said that passing the law on freedom of expression, assembly and peaceful demonstration by the House of Representatives “will enhance societal stability and raise Iraq’s international standing before the international community.”

At the workshop, the Iraqi Human Rights Committee at the Iraqi Parliament presented the latest developments related to the draft law on freedom of expression, assembly, and peaceful demonstration, in addition to the position of civil society organizations on the draft law. During the workshop, the Al-Nidal Organization for Human Rights and the Iraqi Women’s Network presented recommendations for enacting the law, in addition to expressing the hope that the law would be passed with continued cooperation between the House of Representatives and civil society organizations.

One of the positive benefits that emerged from this campaign was that partnerships were made between a number of organizations and networks that adopted the issue of amending the draft law, and the timing of the campaign was very appropriate and consistent with the needs of  Iraqi society and the human rights concepts included. In addition, they achieved sustainable coordination with decision-makers and effective networking with relevant institutions and bodies that greatly improve the likelihood that the draft law will be amended to address key human rights considerations.

Background:

State and law enforcement agencies in Iraq operate in an environment with a significant legislative void. This absence of specific legislation makes it challenging to regulate and safeguard the right to freedom of speech, especially when power is exerted. The tools and laws that currently exist can sometimes be arbitrary, leading to misconceptions about what freedom of expression truly entails. Such distortions are among the primary challenges confronting Iraqi society. On 5 March 2023, the Iraqi parliament launched discussions on a draft law concerning freedom of speech and peaceful assembly. Many fear that the proposed law will impose harsh limitations on public freedoms. There’s also concern that it will allow for interpretations that could limit freedom, individual and societal rights, justice, and equality.

The draft law, published on the official website of the Iraqi Council of Representatives, contains broad terminology and articles that contradict Article (38) of the Iraqi Constitution, which guarantees freedom of opinion and expression by peaceful means, and also violates Article (19) of the International Covenant on Civil and Political Rights. and the Universal Declaration of Human Rights which asserts that everyone has the inherent right to hold opinions without interference and to express themselves freely. This freedom of expression encompasses the sharing and receiving information and ideas in any chosen form or medium without limitations.

Articles 1, 3, 5, 7 and 13 of Iraq’s Draft Law of Freedom of Expression and Peaceful Assembly, in particular,   include provisions that restrict the fundamental rights of Iraqi citizens, compromising their ability to freely express themselves and participate in demonstrations:

• Article 1, Paragraph 5: defines “peaceful demonstration” as “a limited number of citizens who gather to express their opinions or claim their rights as guaranteed by law.” However, the Iraqi constitution guarantees the Iraqi people the right to peaceful demonstration and makes no explicit limit to the size (Article 38 paragraph 3); as the Iraqi Constitution is the supreme law, this bill cannot legitimately curb this right.
• Article 3:  accessing information, conducting research, and publishing findings are crucial for exercising freedom of expression. While Article 3.1 promotes creating an open database by various ministries, its effectiveness requires a mandatory rather than optional approach. The article would benefit from inclusively referring to “all state institutions” and identifying responsible authorities for enforcement. Although Article 3.2 permits appeals on information denial via the High Commission of Human Rights, given concerns about its neutrality, introducing a judicial appeal option is essential to safeguard this significant right.
• Article 5, Paragraph 2: mentions “The disrespect of religions, sects, and beliefs, and the disparagement of it or those of its adherents.” The vagueness of this phrasing
• raises concerns, as it could potentially label any academic discussion or research on religious topics as disrespectful, hindering open dialogue and investigation.
• Article 7: sets conditions for public assemblies or demonstrations, requiring prior authority permission given 5 days before the event and disclosure of the Organizing Committee’s names. Requiring just administrative permission should suffice; as it stands, the article can be seen as governmental control over the right to public assembly and demonstration.
• Article 13: emphasizing the protection of religious services and doctrines without adequately considering freedom of expression and peaceful protest. While ensuring the right to religious belief and practice is vital for Iraq to align with international norms, this draft law prescribes penalties, including jail or fines, for public criticisms of specific religious groups, interference in religious activities, or disrespect towards religious figures and symbols. The article’s broad wording could enable officials to penalize individuals.

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Innovation for Change is a global network of people and organizations that want to connect, partner and learn together to find positive approaches to overcome barriers to closing civic space and restrictions to our basic freedoms of assembly, association, and speech. running through 7 Innovation Hubs around the world inspired by ideas, methods, and technologies from across sectors, to create solutions that drive positive social change.

The Middle East and North Africa Hub launched its initial activities with the vision to create a free and secured civic space and to build a collaborative, innovative network of activists and Civil Society Organizations (CSOs) to facilitate the exchange and development of expertise and resources to face the shrinking of civic space focusing one Civic Space, Social Accountability, Civil Society Resourcing, Social innovation, Civic Technology.

The Gulf Centre for Human Rights (GCHR) is an independent, non-profit NGO that provides support and protection to human rights defenders (HRDs) in order to promote human rights, including but not limited to freedom of expression, association and peaceful assembly.

GCHR provides a bridge from the region to the international community by carrying out research, publishing reports and appeals in English and Arabic, providing emergency resources and capacity building training, organising consultations between W/HRDs and experts, carrying out campaigns and advocacy, including at the United Nations and in key Capitals, and coordinating joint actions and live and online human rights events with local partners and international allies.