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State, sovereignty, justice and rights · Law · File 01

Law on the Protection of Public Freedoms and Human Rights

A draft national legislative framework law translating constitutional guarantees of rights and freedoms into binding operational rules for public authorities, with mechanisms for prevention, review, complaints, redress and legislative harmonisation.

Document type
Draft national legislative framework law
Theme
State, sovereignty, justice and rights
File number
01
Version
1.0
Last updated
4 October 2026
Publication status
Published full version
Legislative status
Final policy and legislative version suitable for referral to formal legal review
Research update date
4 October 2026
Preferred legislative route
A government bill following Council of State scrutiny and consultation with the Supreme Judicial Council and High Commission for Human Rights
Institutional principle
Strengthening existing institutions without creating a parallel commission, court or body
Financial impact
Low to moderate at institutional level; to be determined through detailed costing within 180 days of entry into force
Document contents

Table of contents

  1. Executive summary
    1. Governing design decisions
  2. Retrieval of previous work and changes made
  3. First — Updated legal and institutional baseline
    1. 1. Constitutional basis
    2. 2. Institutional map
    3. 3. Relevant recent developments through 4 October 2026
    4. 4. Why a framework law?
    5. 5. Adaptable international comparisons
  4. Second — Draft Law on the Protection of Public Freedoms and Human Rights
    1. Draft Law on the Protection of Public Freedoms and Human Rights No. ( ) of ( )
    2. Chapter One — General provisions and governing principles
    3. Chapter Two — Fundamental rights and freedoms and their safeguards
    4. Chapter Three — Procedural safeguards for economic, social and cultural rights
    5. Chapter Four — Rules on restricting rights and freedoms
    6. Chapter Five — Prevention, compliance and legislative quality
    7. Chapter Six — Complaints, redress and institutional cooperation
    8. Chapter Seven — Oversight, measurement and legislative review
    9. Chapter Eight — Implementation, funding and final provisions
    10. Statement of reasons
  5. Third — Explanatory memorandum and legislative policy
    1. 1. Nature of the proposal
    2. 2. Constitutional test
    3. 3. Preferred legislative route
    4. 4. No new offences or penalties
    5. 5. Boundaries of complaint-handling and investigative powers
    6. 6. Article-by-article explanation
  6. Fourth — Post-enactment implementation plan
    1. 1. Implementation stages
    2. 2. Responsibility matrix
    3. 3. Key performance indicators (KPIs)
    4. 4. Monitoring and evaluation mechanism
  7. Fifth — Financial impact and costing model
    1. Costing methodology within 180 days
  8. Sixth — Priority legislative harmonisation matrix
  9. Seventh — Risk register and mitigation plans
  10. Eighth — Consistency with the wider political programme
    1. Points to record in the central coordination room
  11. Ninth — Technical annexes
    1. Annex (A) — Human rights impact assessment template
    2. Annex (B) — Human rights compatibility statement template for a government bill
    3. Annex (C) — Minimum contents of the annual compliance report
    4. Annex (D) — Checklist for a decision restricting a right or freedom
  12. Tenth — References and sources
    1. A. Iraqi legislation and decisions
    2. B. Recent Iraqi governmental and parliamentary sources
    3. C. International sources
    4. D. Comparative legal models
    5. E. Supplementary academic source
  13. Eleventh — Final document review register

Executive summary

This file proposes a federal framework law translating dispersed, general constitutional guarantees of rights and freedoms into binding operational rules for public authorities. The problem is not the absence of rights from the Constitution, but inconsistent interpretation and restriction, weak written justification for restrictive decisions, fragmented complaint pathways, absence of systematic assessment of laws’ and policies’ effects on rights, and growing risks from digital surveillance and automated decisions.

The Law adopts a uniform rule for any restriction on a right or freedom: a clear legal basis, legitimate constitutional purpose, demonstrated necessity, proportionality, the least restrictive means, non-discrimination, preservation of the right’s essence, written reasons and review. It imposes preventive duties on public bodies, including human rights impact assessments for restrictive bills and policies, designation of compliance focal points from existing staff, and publication of measurable annual reports.

The proposal creates no new commission, special human rights court or executive body to investigate allegations of torture or offences. The High Commission for Human Rights remains within its governing law; criminal investigation remains with the judiciary, Public Prosecution Service and legally authorised bodies. The Ministry of Justice’s Human Rights Department coordinates government plans, reporting and capacity-building without replacing complaint-handling or investigative bodies.

The draft comprises 80 Articles in eight Chapters covering equality; liberty and security; prohibition of torture; fair trial; expression and media; assembly and demonstration; associations; privacy, communications and data; digital rights and automated decisions; freedom of thought, religion and movement; procedural safeguards for economic and social rights; and rules on restrictions, impact assessment, complaints, redress, oversight, indicators, implementation and funding.

Financially, this version discards the earlier estimate of 30 million dollars over 2-3 years because it was not based on an inventory of quantities, systems or staffing and related to a broader institutional concept. The current version relies on existing structures and requires a three-year implementation plan and detailed costing within 180 days, distinguishing capital and operating expenditure, funding sources, the funding gap and outcome indicators.

Governing design decisions

  • The Law is a cross-cutting rights protection framework. It does not replace specialised political programme files, such as anti-discrimination, journalist protection, prevention of arbitrary detention, judicial reform or cybersecurity.
  • No second human rights body shall be created. The existing national institution is the High Commission for Human Rights established by Law No. 53 of 2008.
  • No parallel executive criminal investigation pathway shall be established. Any allegation of an offence, especially torture, coercion or assault in detention, shall be referred to the judiciary and Public Prosecution Service according to jurisdiction.
  • No new expression offences or broadly framed prison penalties. Existing criminal, civil and disciplinary liabilities continue under their governing laws; provisions affecting expression shall be reviewed through a separate harmonisation package.
  • Restrictions on rights shall undergo a uniform test of legality, necessity, proportionality and the least restrictive means, with reasons and review.
  • Digital rights extend the same rights: data protection, regulated surveillance, prevention of broad internet shutdowns without a legal basis and rigorous test, and human review of consequential automated decisions.
  • Economic and social rights shall be protected against discrimination and arbitrary treatment. The Law recognises progressive realisation within available resources, without itself creating unfunded spending obligations.
  • Federal application shall respect the constitutional division of powers and allow the Region and governorates to adopt wider protection within their powers.

Retrieval of previous work and changes made

ThemePrevious formulationFinal decision in this version
Structure2025 draft: approximately 5 Chapters and 21 Articles2026 version: 8 Chapters and 80 Articles, with compliance and implementation mechanisms
Nature of protectionA list of general rights and safeguardsApplicable rules + uniform restriction test + written reasons + review
InstitutionsA broader concept capable of generating new structuresReliance on the Commission, judiciary, Public Prosecution Service and Ministry of Justice within their powers
FundingEarlier approximate estimate: 30 million dollars/2-3 yearsDiscarding the fixed estimate and requiring a detailed costing plan within 180 days
Digital environmentLimited coveragePersonal data, surveillance, internet, automated decisions and artificial intelligence
Legislative qualityNot detailedHuman rights impact assessment and compatibility statement for government bills
HarmonisationGeneral referencesPriority matrix for legislation being enacted or requiring amendment

Second — Draft Law on the Protection of Public Freedoms and Human Rights

Draft Law on the Protection of Public Freedoms and Human Rights No. ( ) of ( )

In the name of the people. Presidency of the Republic. Pursuant to the decision of the Council of Representatives, ratification by the President of the Republic, and Article (61), paragraph (First), and Article (73), paragraph (Third), of the Constitution, the following law is issued:

Chapter One — General provisions and governing principles

Article (1) — Definitions

Article (2) — Objectives of the Law

Article (3) — Scope of application

Article (4) — Constitutional supremacy and compatible interpretation

Article (5) — International treaties and standards

Article (6) — Non-diminution and non-regression

Article (7) — Immediate obligations and progressive realisation

Article (8) — General duty of public authorities

Chapter Two — Fundamental rights and freedoms and their safeguards

Article (9) — Equality and non-discrimination

Article (10) — Right to life and personal security

Article (11) — Liberty and protection against arbitrary arrest or detention

Article (12) — Safeguards for persons deprived of liberty

Article (13) — Dignity and prohibition of torture and ill-treatment

Article (14) — Fair trial and access to justice

Article (15) — Freedom of expression

Article (16) — Press and media freedom and protection of human rights defenders

Article (17) — Right to public information

Article (18) — Freedom of peaceful assembly and demonstration

Article (19) — Assembly management and use of force

Article (20) — Freedom to form associations and civil society organisations

Article (21) — Public participation and petitions

Article (22) — Privacy and inviolability of the home

Article (23) — Confidentiality of correspondence and communications, and surveillance

Article (24) — Personal data protection in the public sector

Article (25) — Automated decisions and artificial intelligence

Article (26) — Rights in the digital environment and internet access

Article (27) — Freedom of thought, conscience, belief and religion

Article (28) — Freedom of movement, residence and return

Chapter Three — Procedural safeguards for economic, social and cultural rights

Article (29) — Work and occupational rights

Article (30) — Education

Article (31) — Health

Article (32) — Social protection and an adequate standard of living

Article (33) — Housing, water and the environment

Article (34) — Culture, language and diversity

Article (35) — Accessibility and reasonable accommodation

Article (36) — Preventing unjustified regression in social protection

Article (37) — Financial impact of social rights

Chapter Four — Rules on restricting rights and freedoms

Article (38) — Principle of legality

Article (39) — Legitimate purpose

Article (40) — Necessity

Article (41) — Proportionality and the least restrictive means

Article (42) — Non-discrimination and preservation of the right’s essence

Article (43) — Reasons and duration

Article (44) — Burden of justification and records

Article (45) — Exceptional circumstances and emergencies

Chapter Five — Prevention, compliance and legislative quality

Article (46) — Human rights impact assessment

Article (47) — Contents of the impact assessment

Article (48) — Human rights compatibility statement for government bills

Article (49) — Review of existing regulations, instructions and orders

Article (50) — Public contracts and delegated services

Article (51) — Rights and freedoms compliance focal point

Article (52) — Risk-based training

Article (53) — Auditable records and data

Article (54) — Access to information, forms and complaint channels

Article (55) — Protection of complainants, reporters and witnesses against retaliation

Chapter Six — Complaints, redress and institutional cooperation

Article (56) — Right to complain and obtain redress

Article (57) — High Commission for Human Rights

Article (58) — Referral of complaints of a criminal nature

Article (59) — Administrative grievances and administrative courts

Article (60) — Urgent protection

Article (61) — Forms of remedy and reparation

Article (62) — Confessions obtained through coercion

Article (63) — Protection of witnesses, experts, informants and victims

Article (64) — Legal assistance

Article (65) — Cooperation with the Commission and oversight bodies

Article (66) — Responses to oversight recommendations

Article (67) — Human Rights Department of the Ministry of Justice

Chapter Seven — Oversight, measurement and legislative review

Article (68) — Annual compliance report

Article (69) — Independent monitoring by the Commission

Article (70) — National human rights indicators

Article (71) — Public consultation

Article (72) — Parliamentary oversight

Article (73) — Comprehensive review of existing legislation

Article (74) — Legislative harmonisation priorities

Article (75) — Periodic review of the Law

Chapter Eight — Implementation, funding and final provisions

Article (76) — National implementation plan

Article (77) — Executive and legislative inventory

Article (78) — Funding and prevention of institutional duplication

Article (79) — Implementing instructions

Article (80) — Entry into force and relationship with other legislation

Statement of reasons

This Law is enacted to strengthen effective protection of the rights and freedoms in the Constitution of the Republic of Iraq of 2005; establish uniform rules against restrictions without legal basis, necessity or proportionality; improve legislative and public policy quality through rights impact assessment; regulate cooperation among public bodies, the High Commission for Human Rights, judiciary and Public Prosecution Service within constitutional powers; clarify complaint and redress pathways; respond to digital change and protect privacy, data and online rights; prevent institutional duplication; and systematically harmonise national legislation with the Constitution and Iraq’s international obligations.

Third — Explanatory memorandum and legislative policy

1. Nature of the proposal

The proposal is not a “bill of rights” duplicating the Constitution, but a law of cross-cutting safeguards defining public authorities’ duties when implementing and restricting rights. This approach reduces the need for new institutions and establishes shared standards across sectoral laws, leaving offences, detailed procedures and technical powers to specialised legislation.

2. Constitutional test

AreaPrincipal constitutional basisDraft articlesTest result
Equality and non-discriminationArticle 14 and related provisionsArticles 9, 42, 7Does not create protected categories outside the Constitution for punitive purposes; establishes an objective standard for differential treatment.
Life, liberty and securityArticle 1510-13Links restrictions to legal authority and procedure, and prevents arrest from being used as an administrative penalty.
PrivacyArticles 17 and 4022-25Preserves judicial authorization where constitutionally required and adds safeguards for data and automated procedures.
Expression and mediaArticle 3815-17Prohibits restrictions based solely on criticism without precluding precisely defined offences established by applicable law.
Assembly and demonstrationsArticle 38/Third18-19Bases regulation on facilitation and proportionality and prevents notification from becoming an arbitrary authorization requirement.
AssociationsArticle 3920Protects establishment and membership and requires reasons and avenues of appeal for restrictive decisions.
Thought and beliefArticles 37, 42 and 4327Prohibits coercion and subjects restrictions on external manifestations to the general test.
MovementArticle 4428Prohibits exile and denial of return, and subjects travel bans to competence and necessity requirements.
Restriction of rightsArticle 4638-45Translates the requirements of a legal basis and respect for the essence of a right into a uniform practical test.
Separation of powersArticle 473, 48, 57–67, 72Separates legislation, oversight, administration and judicial investigation, and prevents the creation of parallel executive powers.

3. Preferred legislative route

The preferred route is for the Council of Ministers to introduce the text as a bill under Article (60/First) of the Constitution after completing the financial impact assessment and institutional consultations. This is preferable because the draft creates executive duties, requires a national plan, training and data systems, and intersects with the powers of the judiciary and the Commission. Previous Iraqi constitutional court decisions have established the need to respect the separation of powers and avoid imposing financial burdens or duties on another authority without the appropriate procedure and consultation.

4. No new offences or penalties

The decision not to include a new chapter of offences and penalties is deliberate. A framework law protecting expression, assembly and privacy could itself become a source of restriction if broadly worded punitive provisions were added. Existing offences and penalties therefore apply where their constituent elements are satisfied, while provisions affecting rights in the Penal Code and special laws are to be reviewed within the legislative harmonization package.

5. Limits of complaints and investigation powers

Chapter Six is consistent with Federal Supreme Court Decision No. 262/Federal/2022, issued on 24 May 2023. That decision affirmed that authorities may not create powers for themselves that are not provided for in the Constitution or legislation, and that receiving criminal complaints and investigating offences, including torture and coerced confessions, are governed by the Criminal Procedure and Public Prosecution laws. The Commission retains its competence to receive human rights complaints, conduct preliminary investigations and refer them under its governing law. The draft therefore grants neither the Ministry of Justice nor an executive office independent criminal investigation powers.

6. Article-by-article commentary

ArticleTitleLegislative rationale
1DefinitionsDefines only newly introduced terms, avoiding excessive definitions or changes to established constitutional meanings.
2Objectives of the lawConfines the law's purpose to procedural protection, harmonization and prevention of arbitrary restrictions.
3Scope of applicationProtects the federal system and separation of powers and specifies when the law applies to a private service provider.
4Constitutional supremacy and compatible interpretationAffirms constitutional supremacy and permits compatible interpretation without allowing a judge or administrative authority to set aside an explicit provision.
5International treaties and standardsConnects interpretation to treaties in force and treats international interpretations as guidance rather than a source of powers outside the Iraqi system.
6Non-derogation and non-retrogressionPrevents the law from being used to reduce a higher level of protection already in place.
7Immediate obligations and progressive realizationDistinguishes immediate obligations from the progressive realization of social rights and prevents the creation of unfunded financial entitlements.
8General duty of public authoritiesEstablishes a general duty for public authorities and prevents reliance on manifestly unlawful administrative orders as a defence.
9Equality and non-discriminationTurns equality from a slogan into a standard: differential treatment requires an objective reason, a relevant connection and proportionality.
10Right to life and personal securityCombines preventive protection of life with a duty to refer deaths and serious injuries to the judiciary.
11Liberty and security against arbitrary arrest or detentionTargets unlawful arrest, travel bans and administrative pressure while preserving lawful procedures.
12Safeguards for persons deprived of libertyEstablishes an auditable minimum for detention records, notification, access to counsel, communication and oversight.
13Dignity and prevention of torture and ill-treatmentAffirms the absolute prohibition of torture and ensures preservation of evidence and referral without creating a new executive investigator.
14Fair trial and access to justiceProtects direct access to courts where provided by law and prevents artificial administrative barriers.
15Freedom of expressionProtects peaceful criticism and public-interest disclosure while preserving liability for defined offences and compliance with legal duties.
16Freedom of the press and media and protection of human rights defendersAddresses risks facing journalists and human rights defenders through legal authority, competence, necessity and proportionality rather than absolute immunity.
17Right to public informationProvisionally establishes disclosure as the default, leaving detailed procedures to a dedicated access-to-information law.
18Freedom of peaceful assembly and demonstrationShifts the approach to regulating demonstrations from authorization to facilitation and prevents attributing isolated individual violence to all participants.
19Management of assemblies and use of forceEstablishes a graduated approach to force based on de-escalation, necessity, proportionality and documentation.
20Freedom to establish associations and civil society organizationsComplements the Non-Governmental Organizations Law by guaranteeing reasons and appeals and preventing abuse of administrative requirements.
21Public participation and petitionsProtects participation and petitions from administrative retaliation and strengthens accountability without changing electoral laws.
22Privacy and inviolability of the homeTranslates privacy protection into practical rules governing searches, data collection and record security.
23Confidentiality of correspondence and communications and surveillanceSubjects communications surveillance to legal authority, necessity and judicial authorization where constitutionally required, and prohibits generalized political surveillance.
24Personal data protection in the public sectorEstablishes interim principles for protecting data within the public sector pending comprehensive specialist legislation.
25Automated decisions and artificial intelligencePrevents automated deprivation of rights that cannot be understood or reviewed, and requires assessment of high-risk government systems.
26Rights in the digital environment and access to the internetAffirms that rights do not disappear online and sets a strict test for widespread shutdowns and blocking.
27Freedom of thought, conscience, belief and religionReflects constitutional protection of thought, conscience and religion and prohibits coercion, while subjecting regulation of outward manifestations to the general test.
28Freedom of movement, residence and returnProtects freedom of movement and an Iraqi's right of return and prohibits open-ended or unchallengeable administrative travel bans.
29Employment and occupational rightsApplies equality and transparency to public employment without turning the law into an instrument for appointments or staffing expansion.
30EducationAdds procedural safeguards for admissions, scholarships and discipline without intervening in sectoral education policy.
31HealthFocuses on non-discrimination, confidentiality, consent and complaints rather than creating new financial entitlements to treatment.
32Social protection and an adequate standard of livingAddresses automation and documentation errors in social protection and guarantees opportunities for correction and human review.
33Housing, water and the environmentRequires procedural safeguards and proportionality in evictions, services and environmental risks without overriding sectoral laws.
34Culture, language and diversityProtects constitutional diversity and prevents unjustified exclusion in the design of services and programmes.
35Accessibility and reasonable accommodationLinks accessibility to reasonable accommodation, leaving the disproportionate-burden standard to the relevant legislation.
36Prevention of unjustified retrogression in social protectionPrevents unjustified reductions in social protection without prohibiting legitimate fiscal reform.
37Financial implications of social rightsRegulates the relationship between social rights and the budget and prevents insufficient appropriations from being used to excuse discrimination.
38Principle of legalityGives effect to constitutional Article 46 by prohibiting restrictions created through subordinate orders without legislative authorization.
39Legitimate aimPrevents political embarrassment or criticism from being treated as a legitimate aim for restricting liberty.
40NecessityShifts the burden of demonstrating need from the citizen to the authority restricting the right and prohibits restrictions based on general assumptions.
41Proportionality and the least restrictive meansMakes proportionality and the least restrictive alternative separate standards open to judicial and oversight examination.
42Non-discrimination and respect for the essence of the rightPrevents selective application of restrictions and translates the prohibition on impairing the essence of a right into an operational rule.
43Reasons and durationSpecifies requirements for reasons and duration and prohibits automatic renewal of temporary restrictions.
44Burden of justification and recordkeepingCreates an audit trail enabling courts and oversight bodies to examine the grounds for a decision rather than rely on a subsequent assertion.
45Exceptional circumstances and emergenciesPreserves the state's ability to respond to emergencies while establishing limits that cannot be overridden under cover of exceptional circumstances.
46Human rights impact assessmentBrings human rights into decision-making before harm occurs, rather than only afterwards.
47Content of the impact assessmentStandardizes the minimum content of an impact assessment so it does not become a formal template without analysis.
48Human rights compatibility statement for government billsGives the Council of Ministers, Council of State and Council of Representatives early human rights information without constraining legislative or judicial authority.
49Review of regulations, instructions and orders in forceAddresses a major source of practical restrictions: outdated instructions, circulars and forms that exceed the law.
50Public contracts and delegated servicesExtends the duty to respect rights to private contractors performing public functions, using contractual and oversight mechanisms.
51Rights and freedoms compliance focal pointEnsures a coordinating officer within each body without creating new directorates or posts.
52Risk-based trainingShifts training from counting participants to managing risks and measuring actual impact.
53Auditable records and dataPreserves administrative evidence required for review and balances transparency with data protection and confidentiality.
54Accessibility of information, forms and complaint channelsPrevents digital channels from themselves becoming barriers to those unable to use them.
55Protection of complainants, reporting persons and witnesses against retaliationPrevents retaliation against good-faith complainants or witnesses while preserving legal liability for deliberately false reports.
56Right to complain and obtain a remedyBrings existing remedies together and prevents an administrative step not prescribed by law from being imposed before access to courts.
57High Commission for Human RightsAffirms that the existing Commission is the competent national institution and does not create a parallel body.
58Referral of complaints of a criminal natureImplements the Federal Court's principle in Decision 262/Federal/2022 by separating the receipt of human rights complaints from criminal investigation outside the recipient's competence.
59Administrative grievance and administrative justicePreserves administrative justice and existing grievance procedures while making them clearer to the person affected by a decision.
60Urgent protectionCreates an operational priority principle for irreparable harm without inventing a new judicial measure.
61Forms of remedy and reparationBrings possible forms of reparation together within jurisdictional limits, rather than confining remedies to monetary compensation.
62Confessions obtained under coercionStrengthens the rule excluding coerced confessions and ensures that torture can be prosecuted using independent evidence.
63Protection of witnesses, experts, informants and victimsRefers to the existing protection law rather than establishing a parallel protection programme.
64Legal aidUses Legal Aid Law 7/2024 and its centre rather than duplicating expenditure and powers.
65Cooperation with the Commission and oversight bodiesRegulates cooperation with oversight bodies and requires reasons for withholding legally protected information.
66Responses to oversight recommendationsTurns an oversight recommendation from open-ended correspondence into a measurable cycle of reasoned responses, without making the recommendation itself a binding executive order.
67Human Rights Department of the Ministry of JusticeAffirms the Ministry of Justice's role in coordination, reporting and planning and prevents encroachment on the Commission's or judiciary's powers.
68Annual compliance reportEstablishes an annual compliance report focused on restrictions, impacts, complaints and outcomes rather than activities alone.
69Independent monitoring by the CommissionProtects the Commission's independence in assessing the law and prevents its report from being subject to government approval.
70National human rights indicatorsCreates a shared national measurement framework and requires source quality and data protection.
71Public consultationsIntroduces public consultation for policies with broad effects and requires publication of how comments were addressed.
72Parliamentary oversightStrengthens parliamentary oversight while clearly prohibiting interference in proceedings and investigations or the Commission's independence.
73Comprehensive review of legislation in forceAddresses legislative conflict explicitly rather than attempting to repair higher-ranking legislation through subordinate instructions.
74Legislative harmonization prioritiesEstablishes a realistic harmonization list focused on issues most closely affecting freedoms when the draft was prepared.
75Periodic review of the lawRequires periodic review to prevent the law from becoming a rigid, unevaluated text.
76National implementation planTurns legislation into a three-year implementation programme with specified costs, responsibilities and indicators.
77Executive and legislative inventoryRequires an inventory within clear deadlines while preventing those deadlines from being interpreted as suspending existing rights.
78Funding and prevention of institutional duplicationRestricts administrative expansion and links any additional funding to the budget, outcomes and oversight.
79Implementing instructionsPermits necessary implementation details while preventing instructions from creating restrictions not established by the legislature.
80Entry into force and relationship with other legislationAvoids implied repeal and transitional disputes, affirms that no new offences are created and allows ninety days for preparation.

Part Four — Post-enactment implementation plan

1. Implementation phases

PeriodMain activitiesLead/partner bodyOutput
From publication to entry into force (90 days)Internal preparation; initial inventory of high-impact decisions; designation of teams to prepare instructions; preparation of impact assessment templates.General Secretariat of the Council of Ministers/Ministry of Justice and covered bodiesReadiness for entry into force without new structures
0–180 days from entry into forceDesignation of compliance focal points; issuance of instructions; approval of the three-year implementation plan; preparation of the impact assessment and compatibility statement methodology; adoption of an initial indicator framework.Council of Ministers, Ministry of Justice, Ministry of Planning and covered bodies, with input from the Commission and Council of StateFunded plan + standardized working tools
6–12 monthsApplication of impact assessment to covered government proposals; training of high-risk groups; completion of the inventory of instructions and circulars; publication of complaint procedures.Ministries, agencies and service bodiesApplication of the law in everyday decisions
12–18 monthsCompletion of the inventory of priority laws; referral of the first package of harmonization amendments; first annual compliance reports.Council of Ministers, sectoral bodies and Council of StateReduction of the most significant legal conflicts
18–24 monthsStable data and indicator framework; audit of high-risk government automated systems; assessment of accessibility of channels and services.Ministry of Justice/Ministry of Planning/sectoral bodiesEffective measurement, transparency and digital improvement
24–36 monthsAssessment of implementation impact; correction of gaps; funding review; preparation of the first comprehensive assessment ahead of the triennial review.Council of Ministers, Commission and parliamentary oversight bodiesTransition from formal compliance to results management

2. Responsibility matrix

BodyResponsibilityTimingEvidence of completion
Council of MinistersApproval of the plan, instructions, government reports and harmonization package180 days/periodicApproval and referral decisions and reports
Ministry of Justice/Human Rights DepartmentCoordination of implementation, methodology, indicators, capacity building, international reporting and government reviewOngoingProgress reports and standardized methodologies
Ministry of PlanningIndicator methodology, data quality and alignment with national planning180 days, then annuallyDocumented indicator and data dictionary
Ministry of FinanceFinancial impact scrutiny and funding of approved programmes within the budgetBudget cycleApproved costs and funding linked to outputs
Council of StateScrutiny, drafting, advice and administrative justice within its competenceAs referredMore consistent texts and clear appeal procedures
High Commission for Human RightsIndependent monitoring; complaints under its governing law; input on the plan and instructions; independent annual reportOngoing/annualIndependent assessment and recommendations
Supreme Judicial Council and Public Prosecution ServiceInvestigation, adjudication and fair-trial safeguards; consultative participation on provisions affecting judicial competenceAs provided by lawAvoidance of duplicated investigations and protection of judicial independence
Ministries, agencies and governoratesDay-to-day implementation, compliance focal points, impact assessment, reporting and review of orders and instructionsFrom entry into forceMeasurable sectoral compliance
Council of RepresentativesLegislation and oversight; receipt of government reports and consideration of harmonization amendmentsAccording to the legislative cycleOversight and compatible legislation

3. Key performance indicators (KPIs)

IndicatorMeasurement methodTargetVerification source
Designation of compliance focal pointsPercentage of covered federal bodies designating a compliance focal point from existing staff100% within 180 daysMinistry of Justice/official correspondence
Human rights impact assessmentPercentage of covered government bills accompanied by an impact assessment and compatibility statement100% after adoption of the methodologyGeneral Secretariat/Council of State
Inventory of subordinate rulesPercentage of bodies completing an inventory of instructions, orders and circulars100% within 12 monthsInstitutional reports
Responses to Commission recommendationsPercentage of received recommendations given a reasoned response within 60 daysYear 1 baseline, followed by an upward trendRelevant bodies/Commission
Urgent complaintsMedian time to refer cases involving serious risk to the competent bodyBaseline in the first 6 months, followed by reduced delaysComplaint and referral records
Legislative harmonizationReferral of the first package of amendments to priority lawsWithin 18 monthsReferred bills
High-risk automated systemsPercentage of identified high-risk systems subjected to impact assessment and human review100% within 24 months after identificationGovernment register/audit reports
TrainingPercentage of high-risk staff groups passing a post-training competency assessmentAnnual target based on staff numbersPre-/post-tests and behavioural indicators
TransparencyPercentage of bodies publishing an annual compliance report meeting the standardized minimum requirements100% after the first yearOfficial websites

4. Monitoring and evaluation mechanism

Implementation follows an annual cycle beginning with each body's plan and human rights risks, followed by indicator collection, a compliance report and corrective recommendations. Government coordination led by the Ministry of Justice must be clearly separated from independent monitoring by the Commission. Evaluation should measure outcomes, such as fewer decisions annulled for inadequate reasoning or improved complaint response times, rather than merely counting workshops and meetings.

Part Five — Financial impact and cost model

Cost categoryInitial classificationItems requiring pricingFunding source
Coordination and compliance focal pointsLowExisting staff, meetings and methodologiesExisting appropriations
Training for high-risk rolesMediumStaff numbers, training hours, trainers, tests and governoratesBudget + lawful technical cooperation
Impact assessment and reporting methodologiesLow–mediumTemplate development, legal and data expertise, updatesExisting appropriations/reform projects
Digital systems and dataMedium to high, depending on scopeDatabase integration, information security, licences, hosting and maintenanceInvestment/operating budget
Strengthening Commission capacityDetermined through independent assessmentActual staffing, geographical coverage and systems requirements without compromising independenceBudget under its governing law
Legal aidUnder Law 7/2024Demand, fees, coverage and eligibility criteriaStatutory mechanisms and relevant budget
Legislative reviewLow–mediumLegal teams, experts, consultations and publicationExisting institutional budgets

Costing methodology within 180 days

  • Quantify each activity in priceable units: trainees, systems, integration points, expert-days, software licences, hosting and maintenance costs.
  • Separate capital expenditure (CAPEX) from operating expenditure (OPEX), and specify each digital asset's useful life, replacement cycle and maintenance requirements.
  • Identify what is already financed within budgets and what constitutes a net additional cost, preventing existing salaries from being counted twice.
  • Present three scenarios: mandatory minimum, standard implementation and expanded implementation, showing each scenario's effect on indicators.
  • Do not make the continuity of core functions dependent on donor funding. International technical cooperation is permissible subject to transparency and preservation of independence and statutory competence.
  • Link every additional item to a measurable outcome and Ministry of Finance approval before its inclusion in the budget.

Part Six — Priority legislative harmonization matrix

Legislation/topicStatus as of 4/10/2026Harmonization standardPriority
Freedom of expression, assembly and peaceful demonstrationA bill has undergone readings and discussion; entry into force of a new comprehensive federal law had not been verified by the research date.Notification rather than arbitrary authorization; presumption of peacefulness; defined restrictions; proportionality; use of force; protection of journalists and observers.Very high
Right of access to informationRemained under parliamentary discussion; considered by the Integrity Committee on 9 September 2026.Disclosure as the default; proactive publication; narrow exceptions; harm and public-interest tests; deadlines and independent, effective appeal.Very high
Combating information technology offencesA legislative proposal in progress; its second reading was postponed on 21 September 2026 for further discussion and hearings.Precise definitions; no criminalization of peaceful expression; judicial orders for data; rigorous digital evidence procedures; proportionate penalties; protection of good-faith security researchers where required.Very high
Counter-terrorismA new bill received its first reading on 9 September 2026.Precise definition of terrorism; arrest, detention and trial safeguards; prevention of torture; assessment of evidence rules and penalties; victim protection.Very high
Penal Code 111/1969In force, as amended.Review provisions on defamation, insult and broadly worded concepts that may restrict expression, including Article 433 and related provisions, while protecting reputation through proportionate means.High
Criminal Procedure Law 23/1971In force and amended.Review safeguards concerning arrest, counsel, recording, notification, detention oversight and exclusion of evidence obtained under coercion.High
Journalists Protection Law 21/2011In force.Harmonize the definition of journalist, protection from violence and protection of information sources, without turning protection into a licensing restriction.High
Personal data protectionEntry into force of comprehensive specialist federal legislation had not been verified by the research date.Data subject rights; grounds for processing; sensitive data; supervisory authority; breaches; international transfers; government processing; automated decisions.Very high
Prevention of tortureScattered provisions and a previously discussed bill exist; comprehensive harmonization remains necessary.Compatible definition; limitation periods and defences in accordance with constitutional policy; independent investigation; exclusion of evidence; reparation; visits and prevention.Very high
Enforced disappearanceThe need for a dedicated framework remains under follow-up within Iraq's international obligations.Precise criminalization; registers; searches; protection of families; reparation; jurisdiction and cooperation.High
High Commission for Human Rights Law 53/2008In force; the latest verified official update, dated 18 June 2026, identified completing the appointment of a new board of commissioners as a priority.Strengthen independence, resources, representation, accessibility and official cooperation if an independent assessment indicates a need to amend the law.Medium–high
Legal Aid Law 7/2024In force and published in Issue 4770 on 22 April 2024.Implementation, funding and measurement of access, quality and geographical coverage rather than establishing a parallel programme.Medium
Prevention of discriminationThis law should not be assumed to remove the need for a dedicated legislative initiative.Definition and grounds of direct and indirect discrimination, harassment, positive measures and remedies, subject to rigorous constitutional review.High

Part Seven — Risk register and mitigation plans

RiskLikelihoodEffectEarly warning indicatorMitigation
The law becomes a symbolic documentHighHighNo reports, inventory or amendments after the first year180-day plan, indicators, annual reports and triennial review
Overlapping complaints and investigation powersHighHighExecutive offices established to receive and investigate crimes without legal authorityArticles 57–67 and explicit separation in accordance with Federal Court Decision 262/2022
Use of proportionality to justify any restrictionMediumHighGeneral decisions without data or alternativesBurden of justification, reasons, least restrictive means and review
Bureaucratic expansionMediumMediumRequests for new posts and directoratesCompliance focal points drawn from existing staff and prohibition of new agencies
Claims that rights obstruct securityHighHighAttempts to remove the test from security legislationThe law permits legitimate security restrictions but makes them specific and justified
Federal/regional conflictMediumHighObjections alleging that powers have been exceededArticle 3 and wording that respects competence and permits broader protection
Delays in specialist legislationHighMediumPersistent gaps concerning information, data and demonstrationsInterim cross-cutting rules + harmonization matrix with an 18-month timetable
Weak Commission governance or delayed appointmentsHighHighDisruption of some monitoring or complaints activitiesKeep public authorities' duties independent of appointment cycles and address Commission governance under its own law
Privacy risks arising from indicatorsMediumHighPublication of data that permit re-identificationAggregation, minimization, data security and disclosure review
Opacity of artificial intelligence systemsIncreasingHighDenial of a right/benefit without explanation or human reviewInventory high-risk systems; impact assessment, explanation and human review
Uncontrolled digital costsMediumMedium–highProcurement of platforms before needs are defined180-day cost assessment, CAPEX/OPEX, scenarios and outcome indicators

Part Eight — Consistency with the rest of the political programme

Related initiativeWhat this law coversWhat remains outside this initiative
Combating discrimination and hate speechThis law establishes only the equality principle and controls on restrictions.Details of offences, civil liability and specialist definitions remain within the separate initiative.
Protection of journalistsArticle 16 establishes a cross-cutting minimum.Amendments to the Journalists Protection Law and detailed policies belong in the specialist initiative.
Preventing arbitrary detention and police reformArticles 11–13 establish the rights framework.Restructuring, operations and detailed security training remain within the security initiatives.
Judicial and public prosecution reformNo new court or judicial restructuring is proposed here.Institutional development and judicial powers belong in the relevant judicial initiatives.
Cybersecurity and digital transformationArticles 23–26 govern rights, data and automated decisions.Technical and security infrastructure and operational standards belong in the cybersecurity and digital transformation initiatives.
Health, education and social protectionProcedural safeguards, non-discrimination and review only.Capacity, funding, projects and sectoral targets remain within their respective initiatives.
Legislative developmentArticles 46–49 and 73–75 establish a human rights review methodology.The legislative development initiative manages the state's broader legislative portfolio.
Combating corruptionProtects complaints, information and participation and prevents retaliation.Corruption investigations, asset recovery and oversight structures remain governed by their laws and dedicated initiative.

Points to record in the central coordination room

  • Specialist programme initiatives must apply the same test: legal authority, legitimate aim, necessity, proportionality, least restrictive means, non-discrimination and respect for the essence of the right.
  • Any new financial figure for this initiative replaces, rather than adds to, the earlier 30 million dollar estimate.
  • If the status of legislation on information technology offences, counter-terrorism or access to information changes after 4 October 2026, a harmonization review must be opened before this document is reissued.
  • No other programme initiative may propose a second national human rights commission or a parallel executive criminal investigation mechanism.
  • The terms “human rights impact assessment”, “compatibility statement” and “compliance focal point” must be standardized across the legislative development and digital transformation initiatives to prevent multiple templates.

Part Nine — Technical annexes

Annex (A) — Human rights impact assessment template

FieldMinimum requirement
1. Description of the interventionName of the bill/policy/decision, responsible body, decision-maker, assessment date and version.
2. Rights affectedIdentify every directly or indirectly affected right, the groups affected and geographical or social differences.
3. Legal authorityThe legal provision permitting the intervention, limits of the delegated power and competent authority.
4. Legitimate aimThe specific public objective and outcome to be protected, rather than general expressions such as “public interest” alone.
5. Evidence and baselineData establishing the problem's existence and scale, their source, currency and quality limitations.
6. AlternativesNo intervention; regulatory/administrative/technical alternatives and their ability to achieve the objective.
7. NecessityWhy is a less intrusive measure insufficient? What is the specific risk? How is the measure connected to that risk?
8. ProportionalityExpected benefits weighed against harm to the right; scope and duration of the restriction and number of people affected.
9. Non-discriminationAnalysis of differential effects on groups and prevention or mitigation measures.
10. Data and privacyData types, purpose of processing, retention period, security, sharing, access, correction and deletion where appropriate.
11. Automation and artificial intelligenceRole of the algorithm, data, risks, bias, explanation, human review and appeal.
12. Oversight and remedyComplaint and appeal procedures, competent authority, deadlines and urgent measures.
13. Financial and implementation impactCAPEX/OPEX, staffing, systems, training, funding source and sustainability.
14. ConsultationsWho was consulted? What were the main objections? What changed, and why?
15. ConclusionCompatible/compatible subject to amendments/incompatible, specifying conditions and mitigating measures.

Annex (B) — Human rights compatibility statement template for a government bill

  • Name of the bill and proposing body.
  • Rights and freedoms affected by the bill.
  • Does the bill introduce a restriction? If so, what are its legal basis and aim, and why is it necessary and proportionate?
  • Was a less restrictive means considered? Identify it and explain why it is insufficient.
  • Are there differential effects on groups, governorates or persons with disabilities? How were they addressed?
  • Does the bill require explicit amendments to other laws?
  • Does it overlap with the powers of the judiciary, Commission or an independent body? What was the consultation outcome?
  • Financial impact and funding source.
  • Impact assessment result: compatible/requires amendments/involves a constitutional risk that must be resolved.
  • Signature of the competent legal body and date of the latest review.

Annex (C) — Minimum content of the annual compliance report

SectionMinimum content
General restrictionsNumber and type of decisions/public policies restricting rights, their duration, legal basis and justification, excluding protected information.
Impact assessmentsNumber of assessments, areas covered, resulting amendments and cases where no assessment was conducted, with reasons.
ComplaintsNumbers, trends, referral and handling times and outcomes, aggregated and anonymized.
Oversight recommendationsNumber of Commission/oversight recommendations, percentage answered within the deadline, and those accepted, implemented or not feasible, with reasons.
Use of forceAggregated data on serious cases, in accordance with laws and competences, and referrals for review.
Data and privacySerious incidents, corrective measures, high-risk systems and their assessments.
TrainingTarget groups, pass rates and behavioural/impact indicators, rather than participant numbers alone.
Internal harmonizationInstructions or circulars repealed or amended for lack of legal authority or disproportionality.
Plan for the following yearTop five risks, actions, responsible officer, deadline and outcome indicator.

Annex (D) — Checklist for a decision restricting a right or freedom

  1. Is there a clear legal provision empowering the body to take this type of decision?
  2. Which specific right or freedom is affected?
  3. What is the specific legitimate aim?
  4. What facts or data establish the need for the decision?
  5. Which less restrictive alternatives were considered, and why were they insufficient?
  6. Is the decision as narrowly scoped as possible in terms of persons, place and time?
  7. Does the decision have a directly or indirectly discriminatory effect?
  8. Does it impair the essence of the right or effectively disable it?
  9. Is the decision temporary? If so, when will it be reviewed and expire?
  10. Have the reasons been recorded in a way that permits judicial or oversight review?
  11. Has the affected person been informed, where legally required, of the reasons and avenues of appeal?
  12. Have records and data needed for auditing been preserved with privacy safeguards?

Part Ten — References and sources

A. Iraqi legislation and decisions

  • Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives, officially published text. Official link
  • High Commission for Human Rights Law No. (53) of 2008 — Iraqi Legal Database/Supreme Judicial Council.
  • Rules of Procedure of the High Commission for Human Rights No. (1) of 2020 — Iraqi Legal Database.
  • Legal Aid Law No. (7) of 2024 — Iraqi Gazette, Issue (4770), 22 April 2024; Ministry of Justice. Official link
  • Public Prosecution Law No. (49) of 2017 — Iraqi Legal Database/Supreme Judicial Council.
  • Criminal Procedure Law No. (23) of 1971, as amended — Iraqi Legal Database/Supreme Judicial Council.
  • Penal Code No. (111) of 1969, as amended — Iraqi Legal Database/Supreme Judicial Council.
  • Non-Governmental Organizations Law No. (12) of 2010 — Iraqi Legal Database.
  • Protection of Witnesses, Experts, Informants and Victims Law No. (58) of 2017 — Iraqi Gazette/Ministry of Justice.
  • Council of State Law No. (65) of 1979, as amended, particularly Amendment No. (71) of 2017 — Iraqi Gazette/Ministry of Justice.
  • Federal Supreme Court Decision No. (262/Federal/2022) of 24 May 2023 — principles published on the Federal Supreme Court's official website; published in Iraqi Gazette Issue 4727.

B. Recent Iraqi government and parliamentary sources

  • Ministry of Justice, “During his meeting with the Human Rights Department, the Minister of Justice directs preparation of the National Human Rights Plan for (2026–2030)”, 7 June 2026, moj.gov.iq/view.10299/. Official link
  • Iraqi Council of Representatives, “First Deputy Speaker meets the Human Rights Commission adviser and affirms support for humanitarian issues and completion of the Board of Commissioners”, 18 June 2026. Official link
  • Iraqi Council of Representatives, “Integrity Committee hosts the head of the Commission of Integrity and its directors-general...”, 9 September 2026, including discussion of the access-to-information law, iq.parliament.iq/blog/199495/. Official link
  • Iraqi Council of Representatives, “Decisions and recommendations of Session (17), Wednesday 9 September 2026”, including the first reading of the counter-terrorism bill. Official link
  • Iraqi Council of Representatives, “Decisions and recommendations of Session (20), Monday 21 September 2026”, including postponement of the second reading of the proposed law on information technology offences for further discussion and hearings. Official link
  • Ministry of Justice, Iraqi Gazette Issue (4770), dated 22 April 2024, including Legal Aid Law No. (7) of 2024, moj.gov.iq/view.8075/.
  • Ministry of Justice, Iraqi Gazette publication concerning Witness Protection Law No. (58) of 2017, moj.gov.iq/view.3194/. Official link
  • Ministry of Justice, Iraqi Gazette Issue (4727), presentation of Federal Supreme Court Decision No. 262/Federal/2022, moj.gov.iq/view.7299/. Official link

C. International sources

  • Human Rights Committee, Concluding observations on the sixth periodic report of Iraq, CCPR/C/IRQ/CO/6, 16 August 2022, United Nations Treaty Body Database. Official link
  • Committee against Torture, Concluding observations on the second periodic report of Iraq, CAT/C/IRQ/CO/2, 15 June 2022. Official link
  • Committee on Economic, Social and Cultural Rights, Concluding observations on the fifth periodic report of Iraq, E/C.12/IRQ/CO/5, 14 March 2024. Official link
  • Human Rights Council, Report of the Working Group on the Universal Periodic Review — Iraq, A/HRC/59/14, 2025. Official link
  • Human Rights Committee, General Comment No. 34 (2011) on freedoms of opinion and expression, CCPR/C/GC/34. Official link
  • Human Rights Committee, General Comment No. 37 (2020) on the right of peaceful assembly, CCPR/C/GC/37. Official link
  • United Nations, Common core document of the Republic of Iraq, HRI/CORE/IRQ/2025, used for guidance on the national reporting and follow-up framework. Official link

D. Comparative legal models

  • United Kingdom, Human Rights Act 1998, section 6 (Acts of public authorities). Official legislation: legislation.gov.uk. Official link
  • New Zealand Bill of Rights Act 1990, sections 5-7 (justified limitations, interpretation, reporting on inconsistent bills). Official legislation: legislation.govt.nz. Official link
  • Constitution of the Republic of South Africa, 1996, section 36 (Limitation of rights). Official source: Department of Justice and Constitutional Development. Official link

E. Supplementary academic source

  • Mohammed Ali Sahib Hassan, “Legal aid in light of Legal Aid Law No. 7 of 2024”, Journal of the College of Law and Political Science, 2025. Used as supplementary analysis and not given precedence over the official statutory text.

Part Eleven — Final document review register

Review areaStatusConclusion
RetrievalCompletedThe 2025 structure, decisions and previous financial estimate were retrieved; the complete old text could not be recovered verbatim.
Legal updateCompleted through 4/10/2026The Constitution, institutional laws, Federal Court decision, announced national plan and status of sensitive parliamentary legislation.
Constitutional testCompletedSeparation of powers, Article 46, federal system, judicial competence and legislative route.
Institutional testCompletedNo parallel commission, court or investigative body; clear allocation of functions.
Financial testCompletedWithdrawal of the 30 million dollar figure and adoption of a subsequent detailed cost model.
International human rights testCompletedGuidance drawn from the observations of the civil and political rights, anti-torture, and economic and social rights committees, and the UPR.
Consistency with the programmeCompletedSeparation of the framework law from the discrimination, press, security, justice and public-service sector initiatives.
RisksCompletedRisk register, warning indicators and mitigation measures.
Indicators and implementationCompleted36-month plan, indicators and roles.
Review before formal referralRequiredCouncil of State scrutiny; opinions of the Supreme Judicial Council and Commission; update of legislative status and costs on the referral date.

— End of document —

Arabic original published: 2026-10-04 · English translation published: 2026-10-11 · Arabic original

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