The Gulf Centre for Human Rights (GCHR) has documented the human rights situation in Iraq during the past five years since the start of the popular movement, including by publishing 33 periodic reports detailing the grave violations taking place in the country. They can be viewed here.

The 33^rd periodic report covers various types of grave violations, including gross human rights violations that occurred in Iraq in the past four months.

Ongoing popular demonstrations and protests

During this period, dozens of peaceful demonstrations and protests were organised by various segments of society, demanding the improvement of public services, the establishment of a fair salary scale, the need to address the ongoing power outages, the appointment of university graduates, and other demands that affect the daily lives of citizens. Some of the organisers and participants in these demonstrations were arrested, and security forces often used excessive force against them.

Suppression of protests by unemployed education personnel

In August 2023, members of a group of lecturers and administrators of the General Directorate of Education in Al-Qadisiyah Governorate, numbering more than 12,000 people, expected to receive job contracts. However, despite their continuous services in schools in remote areas of the districts and sub-districts, their names did not appear on the contract lists issued by the directorate.

Since then, they have continued to organise peaceful demonstrations and protests in front of the directorate, including one of which lasted for 70 days, during which they were subjected to repression and arrests and were prevented from setting up a tent to gather under. After that, when the new local government was formed, following Iraq’s December 2023 Governorate Council elections, they moved to demonstrate in front of the Al-Qadisiyah Governorate Council building. They also previously demonstrated in front of the Ministry of Education in Baghdad.

On 02 April 2024, the peaceful demonstration organised in the city of Diwaniyah in front of the Al-Qadisiyah Governorate Council building was severely suppressed by riot police who used smoke bombs to disperse protesters despite their peaceful nature and legitimate demands.

Last year, in a peaceful demonstration on 12 November 2023, protester Zahraa Talib Kashash was injured after being hit in the head by a smoke bomb fired by a member of the riot police.

On 01 August 2024, they organised a demonstration in front of the General Directorate of Education in Qadisiyah Governorate, and received assurances from the relevant officials that their demands would be implemented, according to news published on their Facebook page. On 04 August 2024, press reports confirmed that orders had been issued to appoint all of them to positions in the education field.

Major popular demonstrations demand an amendment to civil service salary scale

On 20 July 2024, hundreds of employees of Iraqi state departments and institutions demonstrated in front of the gates of the fortified Green Zone in central Baghdad to demand an amendment to the salary scale to achieve justice. They called on the government to send the Civil Service Law, including the amendment to the salary scale, to the Iraqi Parliament for approval. Amending the salary scale is a very important demand in order to spread social justice in society. (See photo above and the main photo.)

Excessive force used against peaceful demonstrators

On 02 June 2024, security forces used excessive force against a peaceful demonstration in front of the Dhi Qar Oil Company in the Khamisat area of ​​Nasiriyah city, where protesters were subjected to a barrage of rubber bullets and severe beatings with sticks and batons.

Reliable local sources confirmed that more than 20 protesters were injured, most of whom were contract employees demanding permanent employment. One protester sustained a direct injury to his eye and was taken to the hospital for treatment.

The Ministry of Interior and the Security and Defence Committee in the Iraqi Council of Representatives announced the opening of an investigation into these violent incidents, which were condemned by many parties, including the Iraqi Engineers Syndicate. The results of the investigation are not yet known.

Students and teachers strike in Sinjar

On 24 March 2024, teaching staff and students organised a strike in all schools in the village of Dahula in Sinjar district, Nineveh Governorate, in protest against the failure to appoint unpaid lecturers from the Yazidi community. They said in press statements, “The appointment of teachers from other places by the General Directorate of Education in Nineveh and the neglect of the people of this region is clear marginalisation.”

Organised assassinations and kidnapping of innocent citizens

The right to life and freedom are among the most important rights included in the Universal Declaration of Human Rights, but in recent years, Iraqi citizens have gradually lost both of them. Many citizens, some of whom are well-known social figures, have been targeted for assassination and kidnapping, and a number of them have died as a result. Iraqi citizen now fears being killed or kidnapped, even in broad daylight, amid the proliferation of weapons in the hands of outlaw groups.

Transgender woman dies in prison under mysterious circumstances

On 12 May 2024, a 33-year-old transgender woman, Abdullah Abdulamir (Jojo), died inside the Seventh Justice Prison in Baghdad. Local press reports indicate that there are two different accounts of the cause of her death, the first of which speaks of a “drug overdose”, while the second attributes the cause to a sudden heart attack, after her psychological state deteriorated due to being subjected to solitary confinement.

On 24 November 2022, she was sentenced to 15 years in prison, five years for each of the three cases in which she was convicted. On 04 April 2022, she was arrested in Baghdad after arriving from Turkey.

Jojo is of Iraqi origin, but was living in America and holds American citizenship. She is transgender, and has faced many complaints over accusations of electronic extortion.

Blogger Ghofran Mahdi Sawadi (Om Fahd) assassinated

On 26 April 2024, blogger Ghufran Mahdi Sawadi (Om Fahad) was assassinated in front of her home in the Zayouna area of central Baghdad by a gunman who shot her after she stopped her car in front of her house, killing her immediately and fleeing on his motorcycle to an unknown destination.

This video shows the assassination carried out by the perpetrator in a professional manner similar to the way in which journalist and security expert Dr. Hisham Al-Hashemi was assassinated in the same area known for its large presence of security forces.

In early 2022, Om Fahad achieved wide fame among Iraqis, and became prominent on social media networks, where she was followed by thousands.

Media Personality Dalia Naeem (Barbie of Iraq) kidnapped

On 07 April 2024, at dawn, 31-year-old broadcaster Dalia Naeem (Barbie of Iraq) was kidnapped, as shown in a video that was widely circulated on various media outlets. The video documents her kidnapping after she left a beauty centre in the Al-Dawoodi area of ​​Baghdad. A driver and passengers got out of a 4×4 car with tinted windows and drove her away.

Later that same day, she was found on the Al-Radwaniyah Expressway and transported to Al-Yarmouk Hospital by security forces. She was in poor health and suffering from injuries all over her body, which she sustained after jumping out of the trunk of the kidnappers’ second vehicle to escape.

Dalia Naeem is an Iraqi media personality and actress, and a resident of Baghdad. She worked at the beginning of her career at the (MCP) music channel, then moved to acting in plays that were presented at the National Theatre in Baghdad. In 2014, she was awarded the title of Best Media Person.

On 27 April 2024, in press statements to the British Daily Mail, she said that she had undergone 43 plastic surgeries to become similar to the world-famous Barbie doll.

Security Extortion network whose members are senior officers

On 20 March 2024, the media office of Prime Minister Mohammed Shia Al-Sudani announced on its account on the X social media platform that an investigative committee ordered by the Prime Minister had identified members of a security extortion network consisting of high-ranking military officers working in the Ministries of Interior and Defense who were working to create pages under pseudonyms on social media networks in order to “blackmail the security establishment…in addition to blackmailing and bargaining with officers and members.” The investigative committee decided to dismiss several high-ranking officers in the two ministries and to continue the necessary legal procedures and complete the investigations against them.

The discovery of the security extortion network coincided with the kidnapping of media figure Dalia Naeem and the assassination of blogger Ghufran Mahdi Sawadi (Om Fahd), which occurred within approximately five weeks of each other. Despite the many press reports linking the three events, the authorities refrained from revealing the truth to citizens.

Civil society activist assassinated

On 08 April 2024, unknown gunmen riding a motorcycle assassinated 21-year-old civil society activist Moatman Suhair Al-Askari after he left his home in the Suq Al-Shuyukh district, Dhi Qar Governorate. They shot him four times, killing him instantly.

He had previously been injured in the Al-Zaytoun Bridge massacre near Al-Haboubi Square in the city of Nasiriyah, during his active participation in the October 2019 protests, which was violently suppressed.

On 19 April 2024, a source in the Dhi Qar Governorate Police Command confirmed the arrest of the perpetrator who carried out the assassination for personal reasons.

In a video published the day after his assassination, his father confirmed that what happened was a  targeted assassination and not caused by personal or tribal reasons, as he was a peaceful young man who had no enemies in the area.

Sheikh of the Turkmen Bayat Tribe assassinated

On 31 March 2024, in the Kifri district in Diyala Governorate, the Sheikh of the Turkmen Bayat Tribe, Hussein Aloush Al-Bayati, was assassinated by a drone after he parked his car and walked a few metres to buy medicine from a nearby pharmacy. Nearby residents heard the sound of an explosion that took his life. This assassination is considered to be a deliberate targeting of the Turkmen community, which lives in this area.

Poet Falah Hayal Al-Badri mistakenly presumed to be assassinated

Press reports claimed that on 31 March 2024, gunmen riding a motorcycle assassinated 53-year-old Iraqi poet Falah Hayal Al-Badri near the Al-Grocery market in the centre of the city of Nasiriyah, the capital of Dhi Qar Governorate, and fled to an unknown destination.

Al-Badri, who is from Nasiriyah, is a poet known inside and outside Iraq for his strong poems and his poetic participation in social and national events. He also actively participated in the TV show Poet of the Million, which is broadcast live on Abu Dhabi TV, and includes a Nabati poetry competition. The show is widely followed in the Arab world, and its first season began in 2007.

On 02 May 2024, the Dhi Qar Police Command announced on its Facebook page the arrest of the accused perpetrator without giving any additional details.

However, in a surprising turn of events, local sources confirmed to GCHR that the poet Falah Al-Badri is alive and well, and that the one who was assassinated is another innocent citizen with the same name. This appears to be confirmed by the fact that his Twitter account and his TikTok account are active and do not contain any reference to the assassination incident.

University Professor Muqaddam Al-Majid survives assassination attempt

On 30 March 2024, Muqaddam Al-Majid, a professor of digital media at the College of Media at Dhi Qar University, was subjected to a failed assassination attempt near the expressway in the centre of Nasiriyah, when unknown gunmen opened fire on his car and shot at it with two bullets.

Journalists, media professionals and civil society activists targeted

Many journalists, media professionals and civil society activists have been targeted by authorities or armed groups due to their professional work, and have been silenced or had malicious cases brought against them before the Iraqi judiciary, posing a serious threat to public freedoms, including freedom of expression and freedom of the press.

Academic and media personality dismissed for personal opinions

On 13 July 2024, Al-Esraa University in Baghdad published on its website an arbitrary decision to dismiss Dr. Qusay Shafiq, one of its teaching staff, for opinions he had published ” about the education sector,” according to the text of the letter.

On 12 July 2024, Dr. Shafiq published a tweet on his account on X, in which he harshly criticised the decline in the academic level of university education, due to incorrect decisions such as equating non-sound certificates and giving those who failed exams the right to pass continuously.

On 28 July 2024, he published another tweet in which he announced that a hearing would be held on 08 August 2024 before the Karrada Primary Court in the complaint he filed against Al-Esras University about the decision to arbitrarily dismiss him. He attached a photo of the letter of notification of attendance addressed to the university.

Dr. Shafiq uses his account on X to express his views and expose corruption.

Journalist briefly arrested and assaulted

On 06 May 2024, journalist and correspondent for I News satellite channel Haider Mohammed Hadi was arbitrarily arrested inside the Karbala Governorate Council building, due to his support for the demand of the family of prominent human rights defender Fahim Al-Taie to reveal his killer, which they made during a sit-in in front of the council building. On 08 December 2019, in the city of Karbala, Al-Taie was assassinated by two masked men riding a motorcycle.

Reliable local sources confirmed that the security forces prevented Hadi from covering and filming the sit-in, beat him, and arrested him. He was released the same day after being detained for several hours in the Camp Police Station near the provincial council building.

After his release, he posted a video on his Facebook page addressed to the Prime Minister and the President of the Supreme Judicial Council, in which he confirmed that despite his journalistic mission protected by law, a group of people affiliated with the brother of the Governor of Karbala assaulted him and arrested him without a judicial order, because they told him that they do not recognise the judiciary.

Journalists briefly arrested during filming

On 04 June 2024, a number of members of the Federal Police Forces affiliated with the Ministry of Interior arrested journalist and editor-in-chief of the Iraq Fox News Agency, Duraid Al-Khafaji, and journalist Kamel Al-Kaabi, the executive editor of the same agency, while they were filming an American restaurant in Baghdad. Despite identifying themselves as journalists with the necessary identification documents, they were verbally assaulted by an officer and detained for eight hours at the Al-Jami’a neighborhood police station in Baghdad. They were accused of disobeying orders. After being presented to the investigating judge in the Freedom Court, he decided to release them, expressing his surprise at the accusation against them while they were performing their journalistic duty professionally.

Media personality summoned following complaint by politician

On 25 April 2024, media personality Amal Ali Ismail announced on her Facebook page that she would appear “before the judiciary in the lawsuit filed against me by the representative of the Kurdistan Democratic Party and after the summons that reached me today.” She attached to the post a copy of the official summons issued by the Al-Rusafa Investigation Court specialising in publishing and media cases on 14 April 2024, according to Article 433 of the Iraqi Penal Code, which is concerned with defamation and includes prison sentences and fines.

Ismail works for the “I News satellite channel”, where she presents the program “Political Ink”, a political dialogue program that deals with daily political issues that concern the Iraqi citizen. The member of the Parliament’s lawsuit against her is related to a comment she made in one of the episodes of this program about his failure to adhere to the schedule of presenting her television program, which disrupted her work.

Many citizens from different segments of society expressed their solidarity with her, and the representative subsequently dropped the lawsuit.

Investigative journalist sued

On 18 April 2024, 47-year-old investigative journalist and editor-in-chief of the newspaper “Kul Al-Akhbar”, Aqil Awad Al-Shuwaili, published the following tweet on his account on X, which he addressed to the President of the Supreme Judicial Council and the head of the National Security Service: “There are malicious lawsuits against some Iraqi journalists filed by influential people in the government who exploit their positions in order to break the bones of the journalist who only owns his pen.”

Reliable local sources confirmed that influential figures in the office of Iraqi Prime Minister Mohammed Shaye Al-Sudani filed a lawsuit against him in September 2023, due to a story published in the Kul Al-Akhbar newspaper about a dispute related to their financial liabilities. The malicious lawsuit is based on forged documents, is transferred to a new court every three months, and is still ongoing to this day.

Academic and media professional briefly arrested

On 03 April 2024, a Federal Police force arrested academic and media specialist Kadhim Al-Muqdadi in the eastern Karrada area in central Baghdad, without a judicial order, and then released him after a brief arrest.

Al-Muqdadi explained in press statements that the force assaulted him while he was erecting an iron bar at the entrance to his house, which is adjacent to the house of an influential politician who wants to seize this common entrance. His neighbor threatened him and illegally sought the help of security forces, who in turn assaulted and arrested him. He also said, “This individual behavior requires intervention from the highest levels, especially from the Minister of Interior, to put an end to illegal emotional behavior against citizens, by exploiting the position, threatening, and denying legitimate rights.”

Earlier this year, on 07 January 2024, Al-Muqdadi submitted his resignation from his position as Head of the Media Department at Uruk Private University. His resignation letter, which was approved by the university president, stated the following: “For reasons related to the lack of an academic environment, the lack of a scientific climate in which university professors are respected, the bullying of some administrative employees affiliated with the investing party, who also interfere in small and large matters, pressure professors, and cover up student absences, with a blatant shortage of classroom supplies, which has aroused and continues to arouse daily discontent among professors and most university students, and is constantly causing a blatant decline in academic levels in the face of material benefits and the consolidation of investment feasibility, to be a goal, not a means to advance the scientific and cognitive system in the university…for these reasons, and others, I submit my resignation.”

GCHR declares its full solidarity with Dr. Kadhim Al-Muqdadi and condemns the attack and arrest against him. The duty of the security forces is to protect citizens and their civil and human rights, not to attack them.

Civil society activist released

On 01 April 2024, the Court of Cassation decided to overturn the initial three-year prison sentence issued against civil society activist Ahmed Hussein Muhalhal, revoke the charge against him, and release him.

GCHR had documented the Basra Criminal Court’s issuance of a three-year prison sentence against him on 25 February 2018, after convicting him on the charge of allegedly burning the Basra Governorate building on 14 September 2024.

He actively participated in all peaceful demonstrations that took place in 2018 in Basra Governorate, which demanded improved public services, support for marginalised groups, and combating corruption.

Peaceful protester briefly arrested

On 01 April 2024, the representative of the Tufan Graduates and Non-Graduates Coordination committee, Engineer Muslim Al-Basrawi, was briefly detained at Al-Maqal Police Station in Basra city, and was only released after signing a pledge. He returned and joined the peaceful demonstration that he had organised, which was participated in by dozens and continued into the night hours.

The demonstrators, who are among hundreds of members of these coordination committees, have been demonstrating for years to demand that they be given jobs in the oil companies operating in Basra Governorate, as Al-Basrawi explains in this television interview that took place on 08 June 2024, during another demonstration in front of the Shuaiba refinery in Basra.
Civil society activist faces judicial harassment

On 31 March 2024, a security force affiliated with the National Security Service in Basra arrested civil society activist Alaa Al-Ramahi following a complaint filed against him by the Director of Basra Health, Abbas Al-Tamimi, after he criticised the deteriorating health situation in the governorate. He was released by the Iraqi judiciary the next day on bail.

TV presenter punished for her views

On 28 March 2024, TV presenter Anne Salah posted the following on her Facebook page: “My dear friends, After 8 years on the Iraqia General Channel our appointment was supposed to be today at 11 pm. I was notified a short while ago that I will not be appearing on screen. The reason is a post on social media in which I talked about the high cost of living. I was investigated, punished and transferred to the radio by the head of the Iraqi Media Network, Karim Hamadi, without legal basis.”

GCHR declares its full solidarity with journalist Anne Salah against this arbitrary decision, which can be considered part of the policy of silencing critical voices, and demands that she be allowed to present her programme again.

Journalist Mustafa Rashid summoned

On 20 March 2024, journalist Mustafa Latif, a correspondent for Al-Rasheed Satellite Channel, was notified of the summons issued against him by the Karkh Investigation Court in Baghdad based on the complaint filed against him by the Ministry of Interior. Latif said in press statements that, “The Ministry of Interior filed a lawsuit against me in October 2023, and now the lawsuit has been activated, and I do not know the reason for that,” explaining that the lawsuit against him was filed under Article No. 210 of the Iraqi Penal Code No. (111) of 1969 regarding the dissemination of false news. The judge ordered his release on bail until the case against him is resolved.

Civil society activist faces trial for documenting corruption case

On 01 October 2023, civil society activist Hassan Jarallah received appeals from the families of some students to speak out about cases of blackmail and document forgery taking place at a private school in Baladruz district, Diyala Governorate. Jarallah, believing in his national and humanitarian duty, according to his statement to GCHR, filed a complaint with the relevant authorities in the governorate, including the Ministry of Education.

After receiving several threatening messages from a fake account on Telegram, he was summoned for investigation after a malicious lawsuit was filed against him by the investor responsible for the private school. He appeared on 09 March 2024 before the Investigation Court in Baqubah, where he was charged with defamation according to Article 433 of the Iraqi Penal Code, which he denied in its entirety.

Five months after the investigation, he received a letter notifying him to appear before the Baquba Misdemeanour Court on 07 August 024 for trial.

Jarallah uses his Facebook account to express his personal opinions on daily matters that concern citizens, and to reveal corruption files.

On 05 August 2024, he posted the following on this page: “As long as we breathe, we will remain steadfast in our positions with the truth in all circumstances and whatever the results.”

Declaration of full solidarity

GCHR declares its full solidarity with all journalists who have been targeted and calls on the authorities in Iraq to protect them and promote media freedom in the country.

Journalists criticise the Iraqi Journalists Syndicate and its head

GCHR documented three cases of journalists, two of whom faced great difficulties and imminent dangers, however, the Journalists Syndicate did not fulfill its required role to protect them, while the third journalist was sued by the same syndicate in the courts due to opinions he published in his independent newspaper.

Malicious lawsuit filed against editor-in-chief of Al-Dustour newspaper

On 03 July 2024, journalist and editor-in-chief of Al-Dustour newspaper, Bassem Al-Sheikh, posted on his Facebook page the following: “A security force from the Anti-Crime Department raided the home of the editor-in-chief of Al-Dustour, Bassem Al-Sheikh, based on a lawsuit filed by the head of the Journalists’ Syndicate, Mu’aid Al-Lami.”

A force from the Anti-Crime Department, consisting of ten people and led by a high-ranking officer, raided Al-Sheikh’s home in the Al-Jami’a neighborhood in Baghdad at dawn on 02 June 2024, in order to arrest him. Al-Sheikh was outside the house at the time, and the raid caused panic for his family.

The lawsuit is related to Al-Dustour newspaper publishing an article about the policy of the head of the Journalists’ Syndicate to silence those who object to his legal violations, and its failure to adhere to the procedures of the Accountability and Justice Commission when holding the Syndicate elections.

Commenting on the Syndicate’s decision to revoke the permit of the Al-Dustour, Al-Sheikh wrote on his Facebook page on 18 May 2024 that, “The Syndicate’s decision to revoke the adoption of the Al-Dustour is an encroachment on the powers of the judiciary, which alone has the right to stop the publication of newspapers, otherwise, what is happening is malicious procedures due to a number of journalists standing against legal violations.”

Al-Sheikh is one of the journalists who began working in journalism in the 1980s and founded Al-Dustour newspaper, whose first issue was published on 21 June 2003, as an independent newspaper with the slogan “The Constitution is the Tent of All Iraqis.”

Journalists’ union refuses to provide protection to journalist who faced assassination attempt

Broadcaster Ahmed Al-Haj, presenter of the “With the People” program on Al-Fallujah satellite channel, stressed that he had been treated unprofessionally by the head of the Iraqi Journalists Syndicate, Mu’aid Al-Lami. Despite being subjected to an assassination attempt on 13 November 2023, Al-Lami still refuses to give him a letter of support for the purpose of obtaining a licence to carry a weapon for personal protection purposes.

Al-Haj uses his Facebook page to promote his program “With the People,” which focuses on shedding light on corruption and the difficulties of citizens’ daily lives.

Journalists’ Syndicate refuses to grant journalist his union identity card

For 12 years now, the Journalists’ Syndicate has not agreed to grant Baghdad journalist Hassan Nabil a union identity card, which is his right, despite his work as a correspondent for local and Arab television channels.

On 20 July 2023, security personnel at the Al-Taif Exchange Company headquarters in Baghdad opened fire on Nabil while he was broadcasting live on the economic TV channel “Iraq 24” which resulted in him being injured. He was then detained by security personnel for an hour inside the bank before a security force secured his exit from the building.

He filed an official lawsuit at the police station, and when his case file was referred to the competent court, the judge asked him for his union identity card. Despite this, the Journalists’ Syndicate did not accept his request this time either, nor did it provide him with any form of support or solidarity.

Appeal to the Iraqi Journalists Syndicate

GCHR calls on the Iraqi Journalists Syndicate to engage in healthy and civilised dialogue with its members, particularly the three journalists whose cases are documented above. It is the duty of any independent and committed syndicate to defend the union rights of its members, solve their problems, and protect them with all honesty and sincerity. It is a breach of its duty to remain silent or file lawsuits against them in court without any convincing reasons.

10th Anniversary of Yazidi Genocide commemorated

On 04 August 2024, the city of Sinjar, which is inhabited by a majority of Yazidis, commemorated the 10th anniversary of its invasion by the terrorist organisation Da’esh, which occurred on 03 August 2014. The ceremony, which was held at the genocide memorial, was attended by the families of the victims and members of the Yazidi community.

Statue of Sajjad Al-Iraqi unveiled

On 10 April 2024, the curtain was lifted on a symbolic golden statue of kidnapped 29-year-old civil society activist Sajjad Al-Iraqi (Al-Mushrifawi) at the Civilisations Bridge, in the center of Nasiriyah, in the presence of his family and a large number of his fellow activists and protesters.

Seven armed individuals kidnapped Al-Iraqi on 19 September 2020 at 8:30 pm, and his fate is still unknown. He is one of the victims of enforced disappearance in Iraq. He is considered one of the symbols of the popular movement in Dhi Qar Governorate and actively participated in protests before and after the popular movement in October.

On 16 March 2023, the Dhi Qar Criminal Court issued an in absentia death sentence by hanging against two of those convicted of kidnapping him, without providing details about the evidence used by the court, or the armed groups involved in his kidnapping.

His mother has not stopped appealing to the authorities to reveal the fate of her son, whether he is alive or dead, and to work to arrest the perpetrators, as is clear in this video published in March 2023, after the in absentia ruling was issued.

Iraqi Parliament discusses laws that violate human rights

The prevailing trend among a number of members of the current Iraqi parliament is to expedite the enactment of laws that oppose the civil and human rights of citizens, foremost among which are freedom of expression and peaceful demonstration, and that perpetuate the division of Iraqi society on the basis of religious and sectarian affiliation.

Law on Freedom of Expression and Peaceful Demonstration still under review

Although Article 38 of the Iraqi Constitution guarantees the right to freedom of expression, the right to freedom of expression in Iraq is largely restricted, both in law and in practice. In addition, the Iraqi Parliament has been continuously trying, in its successive sessions since 2013, to legislate a circulated draft law on freedom of expression and peaceful demonstration that contradicts the spirit of the Iraqi constitution in protecting the public freedoms of citizens.

Article 226 of the Iraqi Penal Code amended

The Iraqi Parliament announced on its official website that it voted to amend Article 226 to criminalise insulting public authorities.

The new amendment states: “The text of Article 226 of the Penal Code shall be repealed and replaced by the following; Article 226: First: Anyone who insults, in any public manner, the legislative, judicial, or executive public authorities, or regional or local authorities, or official or semi-official state departments shall be punished by imprisonment or a fine.

Second: Any statement or action exercised within the framework of freedom of expression of opinion within its constitutional and legal limits or the right to criticise public authorities with the intention of evaluating performance or expressing grievance shall not be considered an insult, according to what is stated in Clause (First) above.”

This new text added the Kurdistan Region, Governorates councils and governors, not specifying the prison term so it will be decided by the judge himself after it was seven years before the amendment, and giving the possibility to label any criticism or dissenting opinion as an attack on public authorities and consider it a crime of public law that the Public Prosecution will follow up upon receiving a complaint. This amendment will seriously undermine freedom of expression, especially since Article 226 before the amendment was used as a legal tool to target journalists, bloggers and Internet activists in order to silence them.

GCHR believes that the lacks of sound legal standards to accurately, clearly and specifically define what constitutes “insult”, confirms that its purpose is to intimidate dissenting voices in continuation of the policy of silencing critical voices. Instead of focusing on legislating laws to protect public funds, establish social justice, and eliminate rampant corruption, the House of Representatives is focusing on adding more restrictions on public freedoms.

Failed Attempt to Amend the Personal Status Law

On 24 July 2024, the Iraqi Parliament was forced to announce that it was postponing the discussion of the amendment of Personal Status Law No. 188 of 1959, which was adopted that same year, after strong rejection responses and widespread criticism from civil society organisations and various segments of society. The hashtag #No_to_amending_the_Personal_Status_Law was used on social media networks in order to mobilise popular rejection of this attempt at amendment, which has been repeated several times in recent years.

Local sources confirmed to GCHR that the proposed draft amendment contradicts Article 14 of the Iraqi Constitution, which stipulates equality between citizens before the law, transfers personal status cases to be decided outside the official courts, diminishes the role of women, allows marriage certificate to be completed outside the court, and allows girls to marry under the legal age. It also amends Article 57 to deprive a mother of her right to custody of her children when they reach the age of seven, and deprive her of custody immediately after her marriage again after her divorce, contrary to the original text of the article, which states unambiguously that, “The mother has more right to custody and upbringing of the child during the marriage and after separation.”

Another new attempt to change the Personal Status Law

On 29 July 2024, the ruling Coordination Framework, which formed the current government, held a meeting in which it called on the Iraqi Parliament to “proceed with the first reading of the Personal Status Law,” according to the statement issued after the meeting, which also stated, “The draft law regulates matters related to the special status of each sect or religion and does not abolish the current law.”

Meanwhile, a group of civil society organisations, representatives of the women’s movement, representatives of other political movements, and legal and academic figures held a meeting to discuss the repercussions of amending the current personal status law.

A press release was issued after the meeting, which stated, “Everyone rejected including the draft amendment on the agenda of the Parliament, and urged the opposing representatives to continue to reject the amendment and raise their voice against it.” The statement also confirmed the intention of those gathered to “conduct a broad dialogue with various civil parties to form a broad coalition to defend the personal status law.” It stressed that the ruling political forces “are trying to hide aspects of their negative rule and cover up corruption files that appear from time to time, and want to occupy society with controversial issues in order to impose their hegemony over power and perpetuate their presence in it.” The statement was signed by a number of women and human rights defenders.

On 04 August 2024, the Parliament announced on its website that it had completed “the first reading of the proposed law amending the Personal Status Law No. (188) of 1959 after voting to add it to the session’s agenda.”

Anti-Prostitution Law amended

On 27 April 2024, the Parliament voted on the proposed law amending the Anti-Prostitution Law No. (8) of 1988. The amended law prohibits same-sex relations, and imposes a penalty of imprisonment for a period of not less than 10 years and not more than 15 years” for its perpetrators, and stipulates imprisonment for a period of not less than seven years for anyone who promotes prostitution or same-sex relations.” The law also imposes a prison sentence of between one and three years for anyone who changes their biological sex or commits or promotes the intentional practice of effeminacy.

The amended law used vague and elastic phrases that are open to many interpretations and explanations, giving the authorities the opportunity to use its provisions against opponents, civil society activists, and those with other opinions.

On 29 April 2024, human rights defender Nour Basheer Al-Zubaidi posted an article on her Facebook page explaining her views on the law. She first questioned, “How the law will be applied and how it will be exploited in the presence of corruption in some state institutions.” She added, “This law can be exploited to harm innocent people and bring malicious charges against them that God has no authority for.” She concluded by saying, “This law is flawed in many of its clauses.”

Recommendations

Once again, GCHR calls on the Iraqi government to assume full responsibility in protecting all citizens, including human rights defenders, journalists, civil society and members of vulnerable minorities.

In addition, the relevant Iraqi authorities must clearly and unequivocally identify all perpetrators of the abduction, torture and killing of human rights defenders, peaceful protesters and other activists, and bring them to justice immediately.

The authorities must fulfil their constitutional obligations not to violate public freedoms, including freedom of peaceful assembly, freedom of expression, and freedom of the media, and not to legislate laws that violate the rights of all citizens.

For more recommendations, please see the Joint Submission to UN Universal Periodic Review for Iraq, for the upcoming 48th Session, made by GCHR, INSM for Digital Rights, Iraqi Observatory for Human Rights (IOHR), International Federation of Human Rights (FIDH), CIVICUS and Metro Center for Defending Journalists’ Rights.