The Fine Print of Freedom: Iraq to amend Freedom of Expression and Peaceful Assembly Law

Shafaq News

2 days ago

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.