Baghdad: Risks of a gag law in the “freedom of expression” bill

Parliament is discussing a bill that aims to regulate the right to protest and express dissent. Activists and NGOs fear that the text, which has not yet been made public, risks undermining personal and civil liberties in a country heading for elections. Between January and June, at least 20 people were charged with peacefully exercising their “freedom of expression”.

Milan (AsiaNews) - A bill on the right to demonstrate and express dissent under consideration by the Iraqi Parliament is fuelling protests and concerns, as well as growing criticism from legal experts, activists, civil society figures and human rights NGOs. Under the pretext of safeguarding ‘public freedoms’, the new law could in fact be used to repress criticism and street demonstrations at a critical juncture in the life of the country, which is heading towards a new - and decisive - round of elections. Speaking to Shafaq News, legal expert Ali al-Tamimi said that the current draft is based on vague terms such as “public order” and “morality”, which could be exploited to silence opposition voices. “The ambiguity,” he warns, “particularly with regard to the definitions of public and private spaces and the unclear responsibilities of the security forces, could open the door to arbitrary arrests and legal abuses”. He is echoed by Hussein al-Mulla, spokesperson for the Digital Media Centre, who acknowledges the “need” to regulate demonstrations but also warns that the legislature “must not hinder the right to peaceful assembly”. This principle is even more valid in a country where ‘protest movements are often viewed with suspicion by political systems’ in the face of ‘balanced legislation that respects fundamental rights.’

A controversial law

The first reading of the controversial bill took place on 3 December 2022 and the second on 9 May 2023. At the time, the texts and provisions sparked a wave of protests from Iraqi activists and civil society organisations, who argued that if passed into law, it would violate basic rights protected by national legislation and international conventions. Amnesty International's (AI) analysis of previous drafts of the law to which the organisation had access raised concerns about disproportionate restrictions on freedom of expression based on “public morality” or so-called “public order”. Added to this is the impact on basic personal freedoms, with the possibility of arbitrary arrest and detention at the discretion of the authorities.

On the evening of 31 July, Parliament issued a statement saying that comments and assessments expressed by civil society had been taken into account and analysed in the drafting of the latest version of the bill, renamed the “Law on Peaceful Assemblies”. Furthermore, the legislator continued, all articles concerning freedom of expression and related criminal penalties had been removed, precisely in the spirit of “not restricting protests”. In reality, despite the announcements and statements, discussions on the amendments to the texts took place mostly in private, in a process that civil society considers to lack transparency and inclusiveness. No official draft of the legislation discussed in parliament on 2 August has been published, making it difficult to assess whether personal freedoms, human rights and international standards are being effectively respected. Moreover, the authorities have increasingly resorted to articles of the Iraqi Penal Code relating to defamation, vandalism and destruction of government buildings to arrest and sentence activists and journalists to years in prison or fines.

Freedom of expression

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 title of the law and its fundamental definitions. Originally called the “Law on Freedom of Expression, Assembly and Peaceful Demonstration”, the new definition signals a narrowing of the scope, excluding explicit protections for expression and media rights. The amendments also introduce several new legal terms that were previously absent, including sit-ins, spontaneous gatherings and strikes, and their inclusion gives legal status to forms of protest that previously operated in a grey area. Although this move has been welcomed as a step towards compliance with international standards, the changes still allow authorities to require authorisation five days in advance, to oppose events by denying permits, or to change the location where they take place. Finally, the law introduces shared responsibility for damages and, if the perpetrators remain unknown, the state is required to compensate the victims.

Human rights groups have expressed concern about new restrictions, including insulting religious sects, banning night-time protests, and restrictions on demonstrations on public roads, near hospitals, schools, and government buildings. Amnesty International and the Insm Foundation for Digital Rights point out that these are part of a broader policy of repression of dissent, including the arrest of government critics. ‘Lawmakers must vote against or propose amendments to any law that would increase the arsenal of tools’ aimed at ‘limiting civic space or betraying constitutional and international commitments to protect freedom of expression and peaceful assembly,’ said Razaw Salihy, AI researcher in Iraq. ‘However, without real transparency and public debate on the current draft, civil society is left guessing what will be put to a vote by lawmakers,’ the expert continued. ‘Given Iraq's track record of repressing freedom of expression and assembly, the fear is that the new law will not bring about the much-needed positive changes,’ he warns, despite the superficial reassurances of parliamentarians. Confirming these concerns, between January and June this year, at least 20 people were charged for peacefully exercising ‘freedom of expression.’

Tensions ahead of the vote

In recent years, Iraq has been the scene of impressive and repeated demonstrations against corruption rooted in the political and ruling class, fuelled by poor services, including frequent power cuts and violence linked to armed groups such as the Islamic State (IS, formerly ISIS). The authorities have on more than one occasion cracked down on discontent with force, as was the case in 2019-2020 when street protests - without ethnic, sectarian or religious distinctions - led to the resignation of then Prime Minister Adel Abdul Mahdi. Critical issues are more frequent during the summer, when power cuts, chronic water shortages and temperatures often exceeding 50 degrees make life difficult for the population, to the point that they take to the streets to demonstrate. In recent weeks, hundreds of people have protested near the cities of Hilla and Diwaniyah, south of Baghdad, blocking roads and burning tyres to protest against the lack of resources at a delicate time for the country, just a few months before parliamentary elections.

The Iraqi Ministry of Water Resources recently stated that 2025 was “one of the driest years since 1933” and that water reserves had fallen to 8% of their total capacity, but words and statements are not enough to stop the discontent and stem the anger on the streets. Hence the decision, at least by part of the institutional landscape, to tighten regulations to prevent people from publicly expressing their discontent. Among those criticising the rationale behind the law and the parliamentary process is the co-founder of the Hammurabi Human Rights Organisation, who speaks of a lack of transparency and involvement. The text, William Warda points out to Middle East Eye (Mee), risks failing to comply with “international human rights standards. Without information, we cannot talk about freedom of expression”, while, he continues, the country should “strengthen accountability mechanisms”. The private sector, such as political parties, companies and organisations, he concludes, must “be subject to the principle of transparency” and must not be immune from criticism and scrutiny.

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