Iraq’s Draft Laws: Undermining Freedom of Expression and Peaceful Assembly

The Threat to Freedom of Expression and Peaceful Assembly in Iraq

The Iraqi government’s reintroduction of two draft laws to Parliament has sparked concerns about the erosion of freedom of expression and peaceful assembly in the country. Amnesty International and the INSM Foundation for Digital Rights in Iraq have raised alarm about the potential consequences of passing these laws, which would severely curtail the rights of the Iraqi people.

Proposed Restrictions on Freedom of Expression and Assembly

The proposed draft Law on Freedom of Expression and Peaceful Assembly would grant the Iraqi authorities the power to prosecute individuals who make public comments that violate “public morals” or “public order.” This vague language could be used to arbitrarily target individuals critical of government figures. Additionally, the proposed draft Law on Cybercrimes includes provisions that would impose heavy penalties, including life imprisonment and large fines, on individuals posting online content deemed to undermine the country’s “supreme economic, political, military, or security interests.”

These proposed restrictions on freedom of expression and peaceful assembly are worrisome, especially considering the recent increase in prosecution against individuals exercising their right to free expression. The Iraqi government’s attempt to suppress dissent through these draft laws reveals a blatant disregard for the sacrifices made by the Iraqi people during the 2019 uprising to secure their freedoms.

The Importance of Freedom of Expression and Peaceful Assembly

Freedom of expression and peaceful assembly are fundamental human rights that are crucial for holding government officials accountable, combating systemic corruption, and addressing human rights violations. The people of Iraq have the right to criticize their leaders and religious figures and protest peacefully without fear of imprisonment or heavy fines. These rights are even more critical during times of political upheaval and when seeking justice for allegations of corruption and human rights abuses.

By introducing draft laws that unduly restrict these rights, the Iraqi government undermines the progress made during the 2019 uprising and jeopardizes the country’s democratic principles and aspirations for a more transparent and accountable government.

The Concerns and Criticisms

Human rights defenders and activists have expressed deep concern about the proposed draft laws. There are worries that these laws will empower the authorities to further suppress peaceful dissent and restrict access to information. The lack of transparency surrounding the amendments and drafts adds to these concerns, as the public has limited knowledge of the potential changes to the laws.

The draft Law on Freedom of Expression and Peaceful Assembly not only criminalizes the undermining of religions and religious beliefs but also allows the authorities to ban public gatherings unless prior permission is obtained at least five days in advance. This grants the government the power to effectively ban all protests, limiting people’s ability to exercise their right to peaceful assembly. Such restrictive measures undermine the idea that peaceful assembly is a basic right, as emphasized by the UN Human Rights Committee in its General Comment no. 37.

The Need for Action

Amnesty International and the INSM Foundation for Digital Rights in Iraq have called on the Iraqi government to immediately withdraw the proposed draft laws. These laws, if passed, would undermine the freedom of expression and peaceful assembly rights of the Iraqi people. Parliament should not pass any legislation that infringes upon these fundamental rights or restricts the ability of citizens to voice their concerns, criticize government figures, or peacefully protest.

The international community should also pay close attention to these developments and exert pressure on the Iraqi government to respect and protect human rights, including freedom of expression and peaceful assembly. Upholding these rights is crucial for the long-term stability, well-being, and democratic progress of the country.

Conclusion

The reintroduction of draft laws in Iraq that restrict freedom of expression and peaceful assembly is a significant concern for human rights organizations and activists. The potential passing of these laws threatens to undermine the progress made during the 2019 uprising and suppress the voices of the Iraqi people. It is imperative that the Iraqi government listens to these concerns, withdraws the repressive draft laws, and upholds its responsibility to respect and protect the human rights of its citizens.

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