[size=38]The “Access to Information” Act classifies documents as secret and undermines access to them. [/size]
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September 13, 2024[You must be registered and logged in to see this link.]
Baghdad/Al-Masala: In light of the escalating calls to make amendments to the draft law, serious concerns are emerging about the impact of the law in its current form on freedom of the press and citizens’ right to access information.
Activists and experts consider the law to pose a major threat to transparency and accountability, as it gives officials broad powers to classify information as confidential without clear criteria, which could exacerbate corruption and limit the ability of the media and civil society to exercise their oversight role.
In a statement to a writer interested in freedom of expression and human rights, he pointed out that “the current law, if passed without amendment, will deal a severe blow to freedom of the press in Iraq. The press is the fourth estate that should have access to information to uncover the truth, but this law imposes restrictions that make it very difficult for journalists to do their work freely. We are not demanding the disclosure of sensitive information related to national security, but there is an urgent need to ensure that the government remains accountable and transparent to its people.”
“The law as it stands now seems designed to protect government interests rather than serve the public,” a local journalist explained. “If any official can classify any document as secret without oversight or standards, corruption will find a fertile environment to grow away from the spotlight. We need a law that balances protecting national security with citizens’ right to know what is going on in their country, not one that closes the door to information and increases the control of the authorities.”
A group of NGOs and journalists have launched a broad campaign aimed at amending the draft law on “the right to access information,” which is expected to be voted on soon in the Iraqi parliament.
The campaign launched by local and international organizations calls for fundamental amendments to the draft law to ensure that information is provided in a fair and equitable manner, which enhances the role of the media in oversight and accountability.
One campaigner pointed out that the proposed law includes provisions that could undermine democracy, as it withholds a wide range of information under the pretext of maintaining state security or economic security.
According to his statements, the law allows officials to classify any document as secret without clear criteria, making it difficult for journalists and organizations to access information that may reveal corruption or mismanagement.
In contrast, some members of the House of Representatives express their willingness to receive comments from citizens, unions and journalists to include them in the draft law.
One of the representatives pointed out the need to enhance transparency and ensure citizens’ right to obtain information related to the general budget and contracting contracts, with the exception of some personal and security issues.
However, there remains concern that the law will pass without the necessary amendments demanded by the campaign.
On the other hand, legal experts warn that the current version of the law does not promote freedom of access to information but rather seeks to restrict it.
One expert noted that the law allows for the publication of simple information while imposing strict restrictions on sensitive information related to military or government affairs. Journalists could also face severe penalties if they publish information obtained from sources within ministries.
In a related context, some journalists criticized the draft law and considered it a step backwards in the path of freedom of expression in Iraq. One journalist pointed out that officials could easily classify books and documents as secret, which would limit the ability to access important information to the public. He also expressed his dissatisfaction that the discussion of this law had not taken place widely in parliamentary and community circles.
Local and international organizations leading the campaign have submitted an open letter to members of parliament, urging them to review the draft law and organize broad consultations that include all stakeholders. The organizations express their concern that the current draft law will restrict freedom of access to information in a manner that contradicts the Iraqi constitution and the country’s international obligations, and they call for clear criteria to define what information can be classified as confidential, to ensure that the law is not exploited to promote corruption or reduce transparency.
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