Parliamentary culture: The draft freedom of expression bill "violates the constitution" and we will

Parliamentary culture: The draft freedom of expression bill "violates the constitution" and we will return it to the government

 


06/8/2017 12:00 am

Civil society organizations seek to deport him to the next session
Baghdad / Muhannad Abdul Wahab
Since the beginning of the talk about him several years ago raised the law of freedom of expression and peaceful demonstration a lot of controversy and criticism, and in recent days, called on civil society organizations to migrate the law to the next parliamentary session, because it does not comply with the requirements of democratic work, she said, indicating that the latest draft has undergone a fundamental change And that five parliamentary committees were formed to discuss the law while the CSO's request to join it was rejected. Among the criticisms is that the bill contains punitive material equivalent to some crimes
This comes at a time when the Chairman of the Committee on Culture and Information MP Mason Damluji, on Saturday, the agreement of the committees of culture and human rights representative to return the draft law on freedom of expression and peaceful demonstration to the government because it is "contrary to the Constitution."
Al-Damluji said in a joint press conference held by the Parliamentary Culture Committee in the parliament building on Saturday: "The parliamentary culture and information committee agreed with the parliamentary Human Rights Committee to return the law of freedom of expression and peaceful demonstration to the government because it is contrary to the constitution."
"The Committee on Culture and Information continues its deliberations with the concerned committees on the draft law on the freedom of expression, assembly and peaceful demonstration, which has already expressed concern about its legislation because it places," the head of the parliamentary culture and information committee said in the text of the request, which he referred to the presidency of the House of Representatives. Determinants and organizes issues affecting public freedoms and the ways of exercising them, especially with regard to the freedom of expression guaranteed by the Constitution and the unrestricted exercise of its practice. " "The Parliamentary Culture and Information Committee agreed with the Human Rights Committee to return the bill to the government to amend it to ensure the rights of our people and ensure that the principles of freedom and democracy enshrined in the Iraqi constitution are not violated, in order to avoid the state of anxiety generated by many of its texts, And to avoid the repercussions of this legislation, which is expected to raise the public opinion and the Iraqi public. Damluji demanded the presidency of the Council to approve the return of the draft law on freedom of expression and assembly and peaceful demonstration to the government. Postponement of the vote Earlier, MP Sarwa Abdel Wahid announced signatures to postpone the vote on the Freedom of Expression Act. Abdul Wahid said in a press conference held in the House of Parliament and attended «morning»: «The committees on the legislation of the law of organizing peaceful demonstration met with representatives of civil society organizations to amend the draft law in a way that serves this human right and was agreed on a certain formula», indicating that the members «coalition The National held a meeting a few days ago and amended some paragraphs of the law by adding additional punitive paragraphs ». "We reject these actions and we have collected the signatures of 51 deputies in order to present them to the presidency of the parliament to postpone the vote on the draft law," she said, adding that "the law should be agreed within the committees concerned and not pass it in this form." The MP explained that «among the penalties that have been added on the article on the penalty of imprisonment for a year and a fine of one million dinars, where it was lifted to imprisonment for 3 years and a financial penalty not less than ten million dinars and not more than 25 million dinars, in addition to the establishment of an article authorizing the Prime Minister to cancel any Mass activity according to the requirements that he sees », pointing out that« the law included notification of the parties concerned with the time of demonstration  72 hours ago ». Constitutional right in his turn, said MP Kamel al-Ghurairi: "Our rejection of the law came on considerations stemming from the womb of identity and away from politicization and put it in the control frameworks and muzzle the mouths of citizens," noting that "the MPs who refuse to vote on the law of silencing the citizen's voice; they had an important role in Work to focus on the importance of the law in terms of giving the freedom guaranteed by the Constitution to the Iraqi citizen in the right to peaceful demonstration ». Al-Ghurairi said in his speech to Al-Sabah that "postponing the law and delaying voting on it are among the legitimate demands of the Iraqi citizen and were supposed to vote on these laws, which bear the signs of freedom and democracy since the first sessions of the Council away from the pressures on the law. Now by some political blocs that want to put sticks in the wheel of democracy and prevent citizens from their right to express their views », and« we as deputies of the people stand with the vote on the law without the imposition of one by him, but to give the right of citizens to express their views Freely and transparently, "he said Because «citizens today need to pass this law , the conditions dictated by society, which are commensurate with the freedom and democracy and the size of Iraq as a country with a history and founder of the human civilization and the legacy of the Great.» Restrictions on freedoms For his part, MP Majid al-Gharawi said: That «there are many paragraphs in the law does not fit with the democratic trend», noting that «there is a restriction of freedoms and expression of opinion and not allow demonstrations and impose a lot of sanctions». Al-Gharawi said in his speech to Al-Sabah: "The vote on a law restricting freedom is a work that is not commensurate with democracy and freedom and the people's tendency towards liberation and demanding their right to express their opinion." He pointed out that "the council should issue laws that are compatible with modernity and freedom of expression, In order to consolidate the principles of democracy and freedom and not to mute the mouths of claimants of their rights of the people ». MP Mutashar al-Sudani said in his speech to »morning»: "The state should allow citizens to demonstrate peacefully and claim their rights through this demonstration, because the citizen is looking for rights in the state, which must put in place a law commensurate with the size of the legitimate demands within the Constitution of the citizen." Al-Samarrai pointed out that lawmakers " Or sectarian at the expense of the national component of the Iraqi people, and the government to hear and see the pulse of the street and adjust its course in the interest of the people », calling for the refusal to vote on the law. See the press as indicated Vice President of the National Union of Journalists in Iraq , Amal Sakr, that «civil society viewed this law as a gag law, and that its provisions developed by the relevant committees to serve the government and political interests are purely unrelated to the organization of demonstrations stipulated by the Iraqi constitution  In his paragraphs ». In her speech to Sabah, Saqr explained that "the Iraqi Constitution has set forth in its articles a text on the freedom of expression in Iraq in absolute terms without restriction by law, and gave a paragraph in the Constitution that says the meeting and demonstration are regulated by law and do not restrict." She added, Competent to take the provisions of this law in consideration, and be a regulatory law and not a law to  impose sanctions ». She pointed out that "the dispute in the law was on the very severe penalties and some of the items that we were civil society organizations we objected to previously and found that some were firm in his views and insist on passing the law with severe penalties, and we were surprised by the existence of these items we objected to and received promises to lift them from the law. "We, as civil society organizations, are pushing to withdraw the current draft law and forward it to the next parliamentary session and subject it to debate on the condition that civil society is an active partner in the provisions of the law," Saqr said. She said: That "the paragraphs we disagreed with were related to several items; including the issue of permission, which must be five days before the demonstration, and this is not commensurate with the democratic society and we are with the notification of the date of demonstration and the number of potential demonstrators and organizers of the demonstration," explaining that " It is not logical for a citizen to demonstrate against corruption or services and is guaranteed within the constitution and absolute freedom of expression and is punished with financial penalties of 27 million dinars and imprisonment for 10 years ». Specialized committee , in turn, see the supervisor 's political affairs researcher Rahim al - Shammari, that «re - drafting of the freedom of expression and peaceful demonstration law, it must be by a specialized committee to take all measures and aspects related to this sensitive law consists of all of the legislative and executive bodies and civil society institutions Press and Media ». Al-Shammari said in an exclusive interview «morning»: "Seven years ago, the law is presented to the vote without a result, and if passed in the current session according to an incorrect voting mechanism, an inappropriate reaction is generated by a society that has just emerged from the battle against terrorism." He stressed that " Five parliamentary committees were introduced by law and the application of the Civil Society Organizations Committee was rejected. It included clauses and severe punitive articles commensurate with the penalty for terrorist crimes and imposed unjustified fines. Under some of these provisions, a citizen who claims his right to work and provide services and object to a particular case may become a criminal , And here imposes delay and wisdom, The best solution is to stop the draft law currently, and return it to the competent committee takes into account the laws of developed countries and take into account the rights and freedoms ». Opinions and ideas The president of the center «Dhar» Development Majid Abu Kallal, says: "In comparison to similar laws in the countries of the world with regard to greater openness in transparency and the citizen's right to access the information, some of the provisions of this law come in Iraq to encircle these two issues, while we demand that they be separated in a special law. Killing the right guaranteed by the Constitution to peaceful demonstration ». In the view of the President of the Center «Dar es Salaam» Dr. Sami Shati, «There is a problem in the philosophy of law, democratic countries are based on a philosophy of law that preserves the rights and freedoms and enable citizens to exercise and use their rights, the current draft is restrictive and respectful of the rights contained in Article 38 of the Constitution, There is a combination of rights in one draft, other than the constitutional text, which refers only to the organization of freedom of assembly and peaceful demonstration by law, and freedom of expression is constitutional and natural and does not require legislation to  regulate it. "



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