Iraq's proposed protest law raises fears over civil liberties

Shafaq News – Baghdad

A proposed protest law under review in Iraq's Parliament is facing mounting criticism from legal experts, civil society advocates, and international rights groups, who warn it may be used to suppress dissent rather than safeguard public freedoms.

Legal expert Ali al-Tamimi told Shafaq News that the current draft relies on vague language such as “public order” and “morality,” which could be exploited to silence opposition voices. "The law's ambiguity—particularly regarding the definitions of public and private spaces and the unclear responsibilities of security forces—could open the door to arbitrary arrests and legal overreach."

Al-Tamimi called on lawmakers to replace the draft with a new bill developed in collaboration with civil society, one that ensures protest rights, clearly regulates law enforcement behavior, and aligns with Iraq’s constitutional guarantees—especially Article 38, which protects freedom of expression and peaceful assembly.

Hussein al-Mulla, spokesperson for the Digital Media Center, also acknowledged the need to regulate demonstrations but cautioned that the law must not obstruct peaceful gatherings. He noted that protest movements are often viewed warily by political systems, both in Iraq and elsewhere, underscoring the need for balanced legislation that respects fundamental rights.

Al-Mulla pointed out that the bill has already passed two readings in Parliament—on December 3, 2022, and May 9, 2023—but has remained unresolved. While the second reading addressed some contested issues, he said parts of the text still require clarification to prevent violations of constitutional freedoms.

Earlier, Amnesty International urged Iraqi lawmakers to reject or significantly amend the bill, warning that it was drafted without civil society input and grants sweeping powers to curb free expression and assembly. The organization also criticized its rebranding as the “Peaceful Protest Law,” arguing that the name masks the restrictive nature of its provisions.

In response, the Parliamentary Human Rights Committee issued a statement defending the revised draft. "Punitive articles had been removed and proper legal approvals were obtained. The law is intended to protect—not restrict—the right to protest peacefully, in accordance with Article 38 of the Constitution."