/ Mawazine News / publishes the text of the law on freedom of expression and demonstration after a p

/ Mawazine News / publishes the text of the law on freedom of expression and demonstration after a parliamentary controversy led to the postponement

Political Since 2017-07-20 at 16:59 (Baghdad time)

Baghdad Mawazine News
The impact of the House of Representatives on the inclusion of the law on freedom of expression, assembly and peaceful demonstration on its agenda and put it to the vote by a large number of activists and civil society organizations, called on the Council to wait and withdraw to amend it.
The Iraqi parliament decided on Thursday to postpone the vote on the draft law on freedom of expression, assembly and peaceful demonstration.
A parliamentary source told / Mawazin News / "The House of Representatives decided in its meeting today, to postpone the vote on the draft law on the freedom of expression and assembly and peaceful demonstration."
He pointed out that "the postponement came at the request of the committees (legal, human rights, security and defense, culture and information, endowments and religious affairs)."
"The Human Rights Committee will submit today a request to the Presidency of the House of Representatives to postpone the vote on the draft law on the freedom of expression and peaceful assembly and demonstration," said a member of the Commission on Human Rights, indicating that "this came at the request we received yesterday from civil society organizations to wait to vote "He said.
For her part, the head of Amal organization Hanaa Adour said that politicians want to pass a law restricting the freedom of citizens to protest and organize demonstrations and public meetings.
"The draft law was rigged in a dangerous way, especially since we previously agreed with the Human Rights Commission concerned to write off everything related to the spur of expression, which was absolute in the constitution and the text only to organize freedom of assembly and peaceful demonstration."
"The law is about the sacred right of the citizen and circumventing this right and restricting it constitutes a violation of the Constitution as stipulated in Article 46. We will not remain silent and we will resist these attempts, which constitute a stab for public freedoms."
The law, in its current form, includes a gamma, including a combination of "permission" and "notification" for the latter to go in the same sense, and a permit and permission to approve a demonstration must be obtained.
The director of the Iraqi Institute Rend Rahim that "the right to access information reduced in two lines inspired by this law, while this right requires a law of its own."
The following is the text of the law:
In the name of the people
Presidency Council
Based on what was approved by the Chamber of Deputies and ratified by the Presidential Council and based on the provisions of Article (38) and Article (1) of Article (61) and Article (III) of Article (73)
The following law was issued:
(No. 2017)
Freedom of expression, assembly and peaceful demonstration law
Chapter One
Definitions and objectives
Article 1 The following expressions for the purposes of this Law shall have the following meanings:
Freedom of expression: The freedom of a citizen to express his ideas and opinions by word, writing, photography or by any other means appropriate to the public order or morals.
Second, the right to know: The citizen's right to obtain the information sought by the official authorities according to the law, especially the information related to its work and the content of any decision or policy concerning the public.
Third: Special Meeting: The meeting attended by the guests in a personal capacity, even if held in a public place.
Fourth General Meeting: The meeting is held in a public or private place and attendance is available to all.
V. Peaceful demonstration: An unlimited number of citizens gather to express their views or claim their rights guaranteed by the law, which regulates and goes on roads and public squares.
Sixth: Electoral Meeting: The meeting, whose purpose is to introduce the candidate for the purposes of electoral propaganda, falls within the period specified by law.
Article 2 The purpose of this law is to guarantee and regulate the freedom of expression by all means, freedom of assembly, peaceful demonstration and the right to know what does not disturb the public order or public morals and determine the bodies responsible for organizing them.
Chapter II
Freedom of expression
Article 3 First, ministries and entities not affiliated with the Ministry shall establish an open database so that the public can access it and may publish information on the progress of its work.
Second, the High Commission for Human Rights is empowered by law No. 53 of 2008 to decide citizens' complaints about the decisions of the administration withholding information about them. After reviewing the complaints, the High Commission for Human Rights may ask the concerned administration to provide the citizen with the required information if his application is in accordance with the law.
Article 4 This law shall guarantee the freedom of scientific research through the conduct of scientific experiments and the use of means and conditions necessary for research, as well as the free dissemination of the results of scientific activities.
Article 5 The following shall be prohibited:
First, propaganda for war, terrorist acts, or national, racial, religious or sectarian hatred.
Second, to challenge religions, sects, sects and beliefs, and to diminish their interests or those of their adherents
Chapter III
Freedom of assembly
Article 6 First: Citizens shall be free to hold special meetings without the need for prior permission and security personnel shall be prohibited from attending such meetings.
Second: This law guarantees the freedom of electoral meetings
Article 7 Citizens shall be free to hold public meetings after obtaining the prior permission of the head of the administrative unit at least five days before the request for permission includes the subject of the meeting, its purpose, time, place of the contract and the names of the members of the organizing committee.
Second: The committee provided for in item (1) of this Article shall be composed of a chairman and at least two members. If the committee is not formed, it shall be considered a problem of the members whose names appear in the request for permission. The committee shall be responsible for the proper organization of the meeting. Competent authorities .
Thirdly, if the head of the administrative unit refuses to request the convening of the general meeting, the chairman of the organizing committee of the meeting may appeal the decision of rejection before the competent court of first instance, and it shall adjudicate it as a matter of urgency.
Fourth: The decision of refusal under Article (3) of this Article shall be communicated to the organizers of the general meeting or to one of the applicants at least 24 hours before the meeting.
Article 8 First, no one shall be compelled to participate in a public meeting.
Second, the general meeting can not be held in public roads.
Thirdly, the general meeting may not be extended beyond 10 pm.
Fourthly, the participants in a public meeting shall have the right to raise signs and slogans and to make statements that are not contrary to the public order or public morals of the media.
Article 9 The following shall be prohibited:
First, holding public meetings in places of worship, schools, universities, or state departments, unless the lecture or discussion for which the meeting is held relates to the purpose for which those places were allocated.
Second: Carrying firearms of all kinds, sharp or sharp objects, or any other material that injures the person or the property at the meeting.
the fourth chapter
Freedom of peaceful demonstration
Article (1) First: Citizens may peacefully demonstrate to express their opinions or claim their rights guaranteed by law according to the conditions specified in Article (7) of this law.
Second, demonstrations can not be organized before 7 am or after 10 pm.
Chapter V
General and final provisions
Article 11 First: The security authorities shall be responsible for providing protection to the demonstrators or demonstrators if the meeting or demonstration is organized in accordance with the provisions of this law and may not use force to disperse the demonstrators or the demonstrators unless it causes security or damage to persons or property. Or money.
Second, in the event of physical or material damage to persons, property or money resulting from public meetings and demonstrations, the cause of the damage is liable to compensation. If it is not possible to find out who the perpetrator is, the injured party shall be entitled to compensation for damage caused by law. The criminal case against the actor.
Article 12 The restrictions on freedoms and rights provided for in this Law may not be imposed except on the basis of public interest or public order or public morals.
Article 13 First: Any person who intentionally broadcasts propaganda for war, terrorist acts, or national, racial, religious or sectarian hatred shall be punished by imprisonment for a term not exceeding ten years.
Second: A penalty of not less than (1) years and a fine of not less than (1000000) million Dinars and not exceeding ten million Dinars shall be punishable by:
(A) he publicly attacked the belief of a religious sect or the religion of its religion.
(B) deliberately disrupts the establishment of religious rites or a religious ceremony or meeting, or intentionally obstructing or obstructing its establishment.
(C) Destroy, damage, maim, or desecrate a building intended for the establishment of religious rites, symbols or anything else that has religious sanctity.
(D) The publication and publication of a sacred book on a religious sect, in which a text is deliberately purposed to alter its meaning or to disregard a provision of its provisions or teachings.
(E) publicly denigrate a nasca, symbol or person subject to reverence, glorification or respect by a religious community;
And publicly imitated a religious ceremony or a religious ceremony to ridicule him.
Article 14 The Penal Code No. 111 of 1969 shall apply in all cases where no special provision is made in this Law.
Article 15 Coalition Provisional Authority Order No. (19) of 10/7/2003 (Freedom of Association) shall be repealed.
Article 16 The Minister of the Interior, in coordination with the Minister of Human Rights, the Minister of State for Civil Society Affairs and the President of the High Commission for Human Rights, shall issue instructions to facilitate the implementation of the provisions of this law.
Article 17 This Law shall be implemented from the date of its publication in the Official Gazette.
Positive reasons
In order to establish a mechanism to guarantee freedom of expression by all means, freedom of assembly, peaceful demonstration and the right to know, without prejudice to public order or public morals, and to identify the bodies responsible for organizing and punishing the violators.
This law was enacted
is over
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