Further into the information void

A narrowing space

Iraq is a very difficult place for journalists and activists to operate. The 2005 constitution contains formal protections for freedom of expression and the press, but in reality there are many legal loopholes, and people with powerful interests enjoy impunity when they commit violations.

Reporters Without Borders (RSF) ranked the country 169 out of 180 on its 2024 World Press Freedom Index, which represented a drop of two spots from the previous year. Harassment, violence and spurious prosecutions are common.

“Following the fall of the regime in 2003, a period of long-standing repression gave way to new-found openness,” Barwari said. “However, this freedom was soon compromised as armed groups and militias began to target journalists, making Iraq one of the most perilous countries for media professionals.”

Some people that the regime doesn’t like face threats to their physical safety. Several high-profile journalists, analysts and activists have been killed in recent years. Others have hurdles put in their way by the authorities which limit their ability to report what is happening.

“Access to government data is crucial for my reporting,” Barwari said. “Government institutions can be unpredictable in their willingness to share information. Any employee may refuse to disclose crucial details, even those that seem straightforward.”

He continued: “This situation creates a substantial obstacle for journalists, who struggle to publish anything as a verified, indisputable fact,” adding that this allows rumours and disinformation to run rampant.

People in Iraq who wanted to improve the situation for journalists, activists and ordinary citizens believed for years that some kind of access to information law, enforced by the authorities, would be the solution in forcing the government to be more transparent.

Since 2017, Dhikra Sarsam said that her Baghdad-based organisation, Burj Babel for Media Development, has been pushing for such legislation. Working with lawyers and a Danish NGO, they prepared a draft law and submitted it to the relevant parliamentary committee for consideration.

Burj Babel also conducted a survey of 450 journalists about how they worked. It found that 80% of respondents did not get information for their work from an original source. Instead, they relied on social media, unverified leaked documents, or other unofficial informants.

“This is the main thing. It reflects the importance of such a law because we do not have a source to get the information, especially related to ministries and their budgets,” Sarsam said.

Despite their advocacy, parliament ignored Burj Babel’s draft for years, and then last year, the government came up with its own access to information law which was a complete distortion of what Burj Babel was proposing. The law has already received the first and second of three required readings for passage.

Iraqi civil society and MPs are still working hard to introduce changes to bring the proposed new law up to international standards, but it’s now late in the legislative process for revisions and they face an uphill struggle.

Falling short of international standards

According to analysis by human rights group Article 19, the government’s draft legislation is littered with problems. The legislation doesn’t adhere to any principle of maximum disclosure, where only extreme circumstances should prevent information held by public bodies from being disclosed. Nor does the law contain a right to appeal against refusals. Where there are exceptions, Article 19 say they are “vaguely and broadly formulated”.

This situation creates a substantial obstacle for journalists, who struggle to publish anything as a verified, indisputable fact

This approach means that ministries will not be forced to disclose information that concerns national security, international relations, commercial interests or privacy. The section in the government’s draft which prohibits information being released on how Iraq’s federal government handles bids and auction contracts is particularly pernicious, and would make it impossible for journalists, activists and ordinary citizens to lift the lid on the already widespread abuses in government contracting. Iraq has a major corruption problem, ranking near the bottom of global coalition Transparency International’s Corruption Perceptions Index. It is common for huge sums of money to be awarded to politically-affiliated companies with little oversight.

Troublingly, the government draft also includes criminal penalties of a one-year imprisonment and a fine for anyone who disseminates a document exempted under the law. People and organisations can also be prosecuted if they provide incorrect information or disclose information regarding national or economic security, with no protections for whistleblowers.

This is only a sampling of the problems in the government’s version. Article 19 called for much of the law to be “completely redrafted” in order to comply with international standards.

Burj Babel launched a petition campaign to push MPs to make changes, which was signed by over 900 people, who were largely journalists and lawyers. They are also using other methods of persuasion, for instance, suggesting that Iraq’s processes are way behind those of their neighbours. The government’s new law says journalists and others have to submit hard copy requests for information and wait for an answer, a deliberately long and cumbersome process. Why shouldn’t they be able to do so digitally?

“During our meetings with the parliament members, we show them samples of what [systems are] used in other countries in the region, like Tunisia, Jordan and Egypt, where one can submit electronically to receive the information,” Sarsam said.

The government’s draft has not yet achieved final passage, meaning that there is still time to change the language before a vote by the full parliament.

Fighting back

Omed Mohammed was a Baghdad-based reporter for Kurdish television channel NRT for years. He covered some of the biggest stories in Iraq from the frontlines of the war against Islamic State and was in Tahrir Square interviewing protesters right from the beginning of the anti-government Tishreen Movement in 2019.

In Iraq’s 2021 parliamentary elections, he ran for a seat in his hometown of Kirkuk. He caused upset when he took a remarkable win over candidates backed by more established and larger parties. Because of his past work as a reporter, he strongly supports passing legislation to make it easier to get information from the government.

“We think this law is very important for Iraq right now, but there are many obstacles to it, for it reveals a lot of corruption in Iraq,” Mohammed told Index. “The purpose of this law is to make the government be transparent [for the benefit of] all civilians, journalists and the international community too.”

It is common for huge sums of money to be awarded to politically-affiliated companies with little oversight

He is confident that changes will be made to the legislation during discussions in the Culture and Media Committee. He told Index that redrafting is underway, which was confirmed by civil society groups that are making suggestions to the committee.

Mohammed’s biggest concern was that the revised legislation will not pass when, and if, it comes up for a vote.

Iraqi politics is a delicate balancing act between vested interests. If any of the largest parties within the Shia, Sunni or Kurdish ethnic blocs opposes a piece of legislation, it is unlikely to come to the floor for a vote. Mohammed predicted that this would be the case for an improved Access to Information law.

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ABOVE: Iraqi Prime Minister Mohammed Shia’ al-Sudani, shown here speaking at the UN General Assembly in 2024, has been accused of shutting out journalists to protect the country’s image on the world stage

CREDIT: AP Photo / Pamela Smith / Alamy

He saw its introduction by the government as a bad faith attempt to burnish Iraq’s image on the international stage. By introducing legislation, even one that was so patently against the spirit of transparency, Baghdad is able to claim that it is trying its best to respond to calls from UN bodies and foreign governments to plug this hole in its legal regime.

“But the reality is that the representatives of Sudani’s government are against passing this law,” Mohammed said.

With a number of other legislative priorities and new elections expected next year, it is not clear when the Iraqi parliament might move forward with the law, and in what form. Barwari said he was heartened by the work of civil society and the reception their suggestions are getting from the committee.

However, his optimism came with a caution: “This cooperation does not necessarily signify the intentions of the political forces within parliament, which tend to prioritise silencing dissent and curtailing freedoms.” ✘