Latest news with #LawonFreedomofExpression
Shafaq News
4 days ago
- Politics
- Shafaq News
Iraq's vague Protest Law: A tool for control or a framework for rights?
Shafaq News Iraq's parliament has reignited fierce public and political debate after reactivating a contentious draft law regulating peaceful protest and public assembly. The reintroduction of the proposal—formerly stalled since 2023—comes amid mounting pressure to finalize long-delayed legislation before the end of the current parliamentary session. While some lawmakers argue the draft law is essential for formalizing protest rights, critics warn that its vague language and selective revisions threaten to legitimize repression under the guise of regulation. A Narrower Scope, New Definitions Originally titled the Law on Freedom of Expression, Assembly, and Peaceful Demonstration, the current draft removes all references to "freedom of expression" and the "right to knowledge" from both its title and internal articles. Legal experts view this as a deliberate narrowing of the law's scope, excluding speech and media protections that were once central to the bill. The draft also introduces several legal definitions that were previously absent from Iraqi law—such as sit-ins, spontaneous gatherings, and strikes—granting these protest forms a degree of formal recognition. Notably, organizers are no longer required to obtain prior approval to hold a demonstration. Instead, they must notify the local administrative authority 48 hours in advance, providing details on the gathering's topic, location, timing, and names of up to three responsible individuals. Yet while this marks a procedural easing, the law still grants authorities broad discretion to object to or relocate protests for "security" or "organizational" reasons, leaving civil society groups skeptical about how these terms might be applied in practice. Prohibitions, Guarantees, and Grey Areas The revised draft prohibits demonstrators from carrying weapons—even if licensed—or bringing dangerous materials. It also bans wearing face coverings that obscure identity, as well as slogans or signs deemed offensive to 'public order' or 'morals.' These stipulations echo older legislative language that rights groups have long criticized for suppressing dissent and targeting protest movements. On the other hand, the draft offers new protections: it obliges security forces to safeguard peaceful gatherings and limits the use of force to situations where protests turn violent, in line with international standards. It also allows citizens to challenge protest bans before the Court of Appeal, which must rule within 72 hours—a step praised by some legal experts. Additionally, if demonstrators or third parties suffer damages and the perpetrator cannot be identified, the state is responsible for compensation, with the option to seek reimbursement later from the offender. The law also proposes repealing CPA Order No. 19 of 2003, a remnant of US occupation-era legislation governing assembly, and deleting Articles 220 to 222 of the Penal Code, which have historically allowed for the criminalization of protest leaders. For journalists, the draft introduces explicit guarantees allowing them to cover demonstrations freely and seek compensation for physical or material harm. A Struggle Between Liberties and Control Legal advocate Anwar al-Khafaji told Shafaq News that the law exposes an ongoing battle between two political visions: one prioritizing the protection of civil liberties, and another leaning toward increased state control. She cited Amnesty International's earlier warning that the law represents a 'serious setback' and contradicts Iraq's own constitution as well as its obligations under international human rights treaties. While the parliamentary Human Rights Committee claims to have softened some provisions—removing certain criminal penalties—al-Khafaji argued that key clauses remain problematic. These include vague definitions of terms like 'public order,' the ban on face coverings, and the continued restrictions on protest locations and timing. 'Without judicial independence, such ambiguous language can be used to suppress critical voices under the pretext of legality.' The reintroduction of the bill, she said, reflects fears among political elites of renewed mass protests in the lead-up to elections. Legal Objections: At Least 17 Flaws Identified Legal expert Ali al-Tamimi told Shafaq News that the draft contains at least 17 fundamental legal flaws, demanding a comprehensive overhaul. He emphasized that Article 38 of Iraq's constitution guarantees freedom of expression and peaceful assembly—rights that the draft, in its current form, undermines. Al-Tamimi raised concerns over the lack of clear definitions for key terms such as 'sit-in,' 'strike,' 'public order,' and 'morality.' He criticized the proposed role of the Human Rights Commission in resolving protest-related disputes, arguing that such responsibilities should lie with the judiciary to uphold the separation of powers. He also highlighted structural problems: -Notification vs. Authorization: Despite a shift toward a notification model, local authorities can still effectively block protests, undermining the supposed liberalization. -Excessive Police Discretion: Allowing the security apparatus to issue procedural guidelines risks politicizing enforcement. Al-Tamimi recommends placing this responsibility with the Council of Ministers. -Protest Timing Restrictions: The law imposes a 10:00 p.m. curfew on all public and private gatherings, including funerals, weddings, and religious events—raising concerns over cultural and social infringement. -Appeal Mechanisms and Oversight: The draft remains unclear on the appeals process and lacks independent oversight of security conduct during protests. -Database Regulation: Although the law mandates the creation of a protest activity database, it fails to address potential misuse or regulation of private sector data collection. Al-Tamimi also called for replacing custodial sentences with monetary fines and enforcing existing laws that prohibit sectarian and hate-based mobilization. Political Motives Behind the Law Political analyst Mujashaa al-Tamimi warned that the law's vague terms—particularly "public order" and "morality"—could be weaponized to stifle dissent. He argued that in the hands of dominant political parties, the law could legitimize the banning of protests critical of the government, especially as elections approach. 'The legal language is too broad,' he said. 'Without tighter safeguards, this becomes a tool to silence—not protect—citizens.' Al-Tamimi recommended a full legal rewrite in partnership with civil society groups, ensuring any protest regulation remains aligned with international legal norms and that limitations are necessary and proportionate. Hussein al-Mulla, spokesperson for the Digital Media Center (DMC), offered a more pragmatic view, acknowledging the need for legal regulation of protests but stressed that such laws must carefully balance public security with personal freedoms. 'Governments always view protests as threats,' he told Shafaq News. 'But that's exactly why robust legal safeguards are needed—to reassure both the public and the state.'
Shafaq News
7 days ago
- Politics
- Shafaq News
The Fine Print of Freedom: Iraq to amend Freedom of Expression and Peaceful Assembly Law
Shafaq News Iraq's parliament is preparing to vote on a newly amended version of a draft law regulating public assembly and peaceful demonstration, a legislative move that continues to stir concerns among civil society and press freedom advocates. The latest version, officially titled the Law on Freedom of Assembly and Peaceful Demonstration, is scheduled for a vote during the parliamentary session on August 2. The full text of the amendments—reviewed by Shafaq News—has been formally prepared for final voting, following more than two years of contentious debate. WHAT ARE THE AMENDMENTS? Dropping 'Freedom Of Expression' From The Title One of the most significant changes in the current draft is the removal of references to 'freedom of expression' and the 'right to knowledge' from both the law's title and its core definitions. Originally called the Law on Freedom of Expression, Assembly, and Peaceful Demonstration, the renamed legislation signals a narrowed focus by excluding explicit protections for speech and media rights. New Legal Definitions The amendments introduce several new legal terms previously absent from Iraqi law. These include: -Sit-ins: Defined as continued peaceful occupation of protest sites to demand legitimate rights. -Spontaneous gatherings: Immediate citizen responses to urgent events, exempt from the requirement of prior notification. -Strikes: Peaceful abstention from work undertaken to secure lawful demands. The inclusion of these definitions grants legal status to forms of protest that previously operated in a legal grey area. From Permission To Notification Under the revised text, public gatherings no longer require prior government approval. Organizers are now only required to notify the local administrative unit's head 48 hours in advance. This notification must include the event's subject, time, location, and the names of up to three responsible individuals. While this move has been welcomed as a step toward compliance with international standards, the amendments still allow authorities to object to or relocate gatherings for 'security or organizational' reasons. Expanded Restrictions On Protest Conduct Despite easing some procedural hurdles, the new draft law outlines several prohibitions on protest activity: -Carrying firearms or dangerous materials during demonstrations, regardless of firearm licensing. -Wearing masks or face coverings intended to conceal identity. -Displaying slogans, symbols, or signs considered offensive to public order or morals. The law reaffirms longstanding bans on speech inciting sectarian, racial, or religious hatred, or defaming religious beliefs—provisions that human rights observers have previously warned could be used to silence dissent. Protection Responsibilities And Compensation Mechanisms The proposed legislation outlines specific protections for demonstrators, sit-in participants, and journalists. It requires security forces to safeguard peaceful gatherings and stipulates that the use of force must comply with international standards, applied only if a protest escalates into violence. Importantly, the law introduces shared accountability for damages. If the perpetrator of violence or destruction remains unidentified, the state is obligated to compensate victims, with the option to later recover funds once the offender is known. Repealing CPA Orders And Amending Iraq's Penal Code The draft law proposes the repeal of Coalition Provisional Authority (CPA) Order No. 19 of 2003, which was enacted during the US occupation to regulate assembly. It also calls for the removal of Articles 220 to 222 from Iraq's Penal Code, long criticized for enabling criminal charges against protest organizers and participants. Guarantees For Media Coverage And Judicial Review The new draft provides explicit guarantees for journalists covering demonstrations, allowing them to seek material and moral compensation if harmed. In addition, any administrative decision to ban or relocate a protest can now be challenged before the Court of Appeal, which is required to rule within 72 hours. WHY THE TIMING MATTERS? The law's introduction just months ahead of Iraq's national elections, set for November 11, has heightened public skepticism. The Iraqi Association for the Defense of Journalists' Rights criticized the parliament for failing to publish the final version of the law ahead of the vote. The group's president, Ibrahim al-Sarraj, expressed concern over conflicting versions of the bill and urged lawmakers to delay the vote and engage in broader consultations with media and civil society organizations. Despite these calls, parliament's Human Rights Committee has defended the draft, stating it aims to strengthen constitutional rights outlined in Article 38 by providing legal clarity and protections for protest movements. Written and edited by Shafaq News staff.
