In a recent analysis, ARTICLE 19 reviews the draft Right to Information Act (draft RTI Act) prepared by the Government of Iraq and finds that in its current form, it is incompatible with international standards on the right to information. We are deeply concerned about the current proposal’s inclusion of problematic provisions and definitions that pose disproportionate restrictions on the ability of individuals to exercise their right to information, and call on the Government of Iraq to withdraw it.
ARTICLE 19 has long advocated for the adoption of a dedicated right to information law in Iraq and has commented on several draft laws over the years. The right of access to information is a fundamental human right that is crucial to the functioning of a democracy and key to the protection of other rights. The consolidation of democracy, rule of law, and human rights in Iraq should be the priority of the Iraqi government and the international community.
While ARTICLE 19 appreciates the efforts of the Iraqi Government to adopt dedicated legislation on access to information, we are deeply concerned about the current proposal. It reflects a regression in compatibility with international human rights standards in comparison with earlier drafts and contains several problematic provisions that obstruct, rather than enable, the exercise of the right to information. In particular:
- The draft RTI Act is missing key principles that form an essential part of any comprehensive RTI framework, such as the principle of maximum disclosure and a right to appeal against refusals.
- The regime of exceptions from the obligation to provide information falls short of international standards: exceptions are vaguely and broadly formulated and the harm test and public interest override to assess refusals to disclose information are not included at all.
- The structure of the oversight body (Information Department) is highly problematic. We are concerned that it will in fact prevent effective implementation of the RTI Act.
- Inclusion of criminal penalties for anyone disseminating information under the exceptions violates the free flow of information and violates the right to freedom of expression.
ARTICLE 19 urges the Government of Iraq to extensively and substantially review the current draft to reflect our recommendations and bring it in line with Iraq’s international human rights obligations and to fully enable the right to information.