Iraq: MPs must propose substantive amendments to draft right to information law

On 12 September, freedom of expression and civil society organisations wrote to the Iraqi Council of Representatives to express our significant concerns about plans to pass the "Right to Access Information" bill into legislation. We urge members of parliament to make substantive amendments to bring the proposal in line with the principles of the Iraqi Constitution and in full compliance with Iraq's applicable international obligations on human rights and anti-corruption, to consult civil society organizations and media representatives when considering amendments, and follow parliamentary procedures to ensure the process is participatory, open and transparent.

The letter follows.

Esteemed Members of the Iraqi Council of Representatives,

During its current session and following brief discussions in the Parliamentary Committee on Culture, Tourism, Antiquities, and Media, the Iraqi Parliament, is moving to pass the "Right to Access Information" bill previously submittedby the government. We are writing to express our concerns that this decision has been undertaken without meaningful involvement from the journalistic community and civil society organizations defending freedom of expression. Moreover, we are equally concerned that the bill, if passed in its current draft, could further jeopardize the precarious state of freedom of expression in Iraq, which has remainedvulnerable despite efforts since 2003.

The bill, which had its second reading on 3August, was introduced disregarding numerous concerns raised by civil society organizations, journalists, and experts. These concerns highlighted the bill's conflict with the spirit of the Iraqi Constitution and international standards on the right to access information and freedom of expression, both of which Iraq has committed to upholding as a party to the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Corruption (UNCAC).In particular, severalprovisions in the bill impose restrictions on access to information in key areas of government activities without considering the public interestandin a way that is incompatible with human rights standards.

In response, we, the national and international non-governmental organizations (NGOs) and human rights groups working to defend rights and freedoms, promote transparency, and combat corruption, urge caution against passing the bill in its current form. We emphasisethe importance of seriously considering the recommendations provided by specialistlocal and international organizations, andsubjecting the bill to comprehensive and meaningful consultations. This is especially crucial given that the bill impactsthe protection of rights of all Iraqis, not just civil societyand the media. We express our strong rejection of attempts to pass the bill as proposed by the government, as it includes articles that significantly restrict the right to access information, to the extent of contradicting the very essence of this right and the goal it should serve. Specifically, we highlight the need for a complete and thorough revision of Articles 11 and 12 (related to exempted information) and Article 13 (related to proactively published information). Article 11, as currently drafted, lacks the delicate balance between the public's right to know and access information, and the need to protect important individual and public interests. It exempts "commercial, industrial, financial, or economic information, and information about bids",as well as internal communications and correspondence, "cabinet deliberations and the deliberations of ministries and entities not affiliated with ministries," and many other types of information that the public should have the right to access, without clearly stating any legitimate purpose for restricting access to such information.

Furthermore, we express our surprise at the bill's long listof exempted information, which is in complete contradiction with international standards that require that exceptions tobe based only on content that could harm a legitimate public interest, rather than the type of document or information.

We strongly reject the broad discretionary powers given to department heads and officials to classify information as confidential or subject to withholding, as outlined in the bill's draft, without clear criteria for doing so. Moreover, the provision allowing state institutions to withhold bidding and auction contracts serves only to reinforce the already pervasive corruption within state agencies and representsa serious setback for the democratic process. This also encourages an authoritarian approach and culture based on secrecy, lack of transparency, and absence of accountability.

We also point out that the bill includes the establishment of an information Department within the High Commission for Human Rights. The legal framework provided in the draft law only mentions one employee, whereasthe administrative structure of any department should outline its divisions, sections, and powers. This department will be responsible forreceiving complaints related to failure to implement the law,investigating these complaints, and ensuring their resolution. In the absence of guarantees of independence and sufficient resources for this department, this is in complete contradiction with international standards and cannot, in any way, contribute to the enhancement of the right to access information or guarantee the law's effective application.

We have followed, with concern, the presentation of the Committee on Culture and Media's report and the discussion of the second reading of the bill during the parliamentary session No. (4), held on 3 August2024. The report as presented containederroneousinformation shared with MPs and the public through the session's official minutes. The report falsely stated that the session held on 30 April, 2024,with NGOs, was "comprehensive" and that the opinions of invited organizations were taken into account. This is far from the truth. That session was hastily organized without proper coordination with the relevant organizations and specialistjournalists, with only a limited number of organizations allowed to express their opinions. The committee received no written amendment proposals. The session report merely recommended holding specialized sessions with stakeholders from the media and civil society, which have yet to take place.

Additionally, the second workshop mentioned in the report, supported by the UN Development Fund in July 2024 under the title "Arbitration and Anti-Corruption Project," was not intended to discuss amendments to the bill and was only attended by MPs from three different committees.

We note that the process of reading of the report itself was marred by numerousviolations of the Iraqi Council of Representatives'rules of procedure. The report was added to the session's agenda ambiguously. The agenda for this session, announced on Thursday and shared with the media, did not mention a report presentation or discussion of the bill, which clearly indicatesthat this item was added on the day of the session, contrary to establishedparliamentary procedures. Moreover, the report did not include any reference to the articles that would be amended, as should have been the case. According to the standard procedures, the reading of the report on the draft law should occur after receiving written proposals, followed by a discussion of the amendments.

We, the undersigned organizations, are also deeply dismayed by the contributions fromMPs during the 3 August session, which largely opposedthe constitutional right to access information, reflecting a lack of understanding of this right and the concept of establishinga legal framework for it. This also indicatesthat the bill has not received adequate time for debate and comprehensive understanding, especially by the Committee on Culture, Tourism, Antiquities, and Media. This Committee, tasked with reviewing the draft law, should have ensured a participatory approach to discussing it and preparing a report.

We are also shocked by the anti-civil society and unconstitutional statements made by some MPs, some of whom even called for including a provision in the law that would prohibit civil society organizations from requesting or accessing information. Such statements demonstratea troubling disregard for the fundamental role that civil society organizations play in the development and advancement of society, including raising awareness about the right to information, and educating the public about the related law, both during and after its adoption. This involvement is crucial in ensure effective efforts to uphold this right, which is widely accepted in developed countries, as a means topromote political participation,preventing corruptionand ensuring transparency and justice within state institutions.

Given the risks posed by the current draft of the Right to Information law, and the fact that it has not been adequately discussed, nor have stakeholders, including human rights organizations and media sector representatives, been involved despite the promises made in this regard, we present the following suggestions and recommendations:

• Completely reconsider the current text of the draft law on access to information and make substantive amendments to address key problematic aspects and omissions to bringthe proposal in line with the principles of the Iraqi Constitution and in full compliance with Iraq's applicable international obligations on human rights and anti-corruption.
• Organize broad consultations on the draft law to include all relevant stakeholders, particularly civil society organizations and media representatives.
• Adhere to parliamentary procedures throughout all stages of the discussion and approval of the draft law, ensuring the process is participatory, openand transparent.

Finally, we emphasize the importance of holding members of the Iraqi Parliament accountable for ensuring that the provisions of the law do not conflict with the rights and freedoms guaranteed by the Iraqi Constitution, as well as for upholding Iraq's international obligations under the agreements and treaties it has ratified. We also affirm the right of NGOs to challenge the constitutionality of the law before the Federal Court if the Parliament proceedswith passing it in its current form, and to protest againstthe law through all legitimate means available.

We stand ready to provide any additionalassistanceand expertisethat would help the Members of the House of Representatives in their deliberations about this draft law and in the ongoing discussions surrounding the right to information legislation.

Signatories

ARTICLE 19

TawasoulOrganization for Youth Empowerment

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