The law as currently drafted would undermine guarantees in the Iraqi constitution of freedom of speech and assembly, and would violate the International Covenant on Civil and Political Rights (ICCPR), to which Iraq is a state party. The ICCPR holds that, “Everyone shall have the right to freedom of expression ... to seek, receive and impart information and ideas of all kinds.”
International standards only allow content-based restrictions in extremely narrow circumstances, such as cases of slander or libel against private individuals or speech that threatens national security. Restrictions must be clearly defined, specific, necessary, and proportionate to the threat to the interest protected.As a state party to the ICCPR, Iraq must also guarantee “the right to freedom of association with others, including the right to form and join trade unions for the protection of [one’s] interests.”The ICCPR allows for restrictions on these freedoms, but only as provided by law and as necessary “in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”
The report finds that this draft law fits a pattern of increasing restrictions on freedom of expression, association, and assembly. In May 2011, the Council of Ministers approved a draft of the Law on Freedom of Expression of Opinion, Assembly, and Peaceful Demonstration, which contains provisions that would criminalize peaceful speech with penalties of up to 10 years in prison. Since February 2011, Human Rights Watch has documented numerous violent attacks by Iraqi security forces and gangs, apparently acting with the support of the Iraqi government, against peaceful demonstrators demanding human rights, better services, and an end to corruption.
“How lawmakers handle this bill will be a signal to the world about the kind of country they want Iraq to become,” Stork said. “They can look backward and come down on the side of repression or they can look ahead and stand up for a rights-respecting society.”
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