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POL-64

This is a proposal for discussion, not an enacted law.

Ali Zuweid’s political programme

Proposed bill · Education, Scientific Research, Culture, Youth and Sport

Higher Education, University Autonomy, Accreditation and Quality Assurance Law

Document numberPOL-64
Version1.0
Publication and update date
ScopeRepublic of Iraq

Executive summary

This proposal would rebuild Iraq’s higher education legal framework around a clear principle: an autonomous university is not a university without oversight, and a university controlled in every administrative detail cannot innovate. It therefore grants public universities academic, administrative and financial autonomy over education, programmes, internal resources and partnerships, accompanied by stronger accountability for quality, public funds, transparency, outcomes and student rights.

The legislative need is not hypothetical. The public system still rests on Ministry of Higher Education and Scientific Research Law No. (40) of 1988, repeatedly amended, most recently in a major amendment through Law No. (17) of 2024. On 19 August 2025, the Federal Supreme Court declared two provisions of that amendment concerning appointment powers and a financial burden unconstitutional. This confirms that new reform must respect constitutional allocation of competences from the outset, preserve equal opportunities and avoid budget commitments added outside the proper executive process.

An existing quality infrastructure operates within the Scientific Supervision and Evaluation Apparatus, including the Quality Assurance and Academic Accreditation Department and specialist accreditation councils. The Ministry also applies programme accreditation and uses quality standards in the Iraqi Ranking, whose 2025 edition, published in January 2026, assessed 103 public and private institutions. The proposal therefore does not start from scratch; it transfers core external accreditation functions to a technically independent national authority and prevents duplicate inspection and evaluation.

Developments in 2026 showed that quality had become an urgent regulatory issue: the Ministry directed private universities to complete programme accreditation and suspend admissions to non-compliant departments, then on 30 June 2026 stopped accepting applications for new private universities, colleges and departments to reassess private higher education’s trajectory. The proposal turns these separate administrative responses into durable legal rules linking expansion to capacity, sustainability and student protection.

The proposal does not incorporate the detailed scientific research and innovation agenda. The ninth amendment created the Scientific Research Authority and expanded instruments for knowledge commercialisation and start-ups, while POL-65 addresses scientific research, innovation and technology transfer. Research provisions here are confined to academic freedom, integrity, governance and property rights insofar as required by the higher education law itself.

Current developments through 5 October 2026

Legal and regulatory developments influencing the proposal’s design
IssueEstablished positionLegislative implication
Public higher education legislative frameworkMinistry of Higher Education Law No. 40 of 1988, amended nine times through 2024Accumulated amendments retain extensive centralisation in the old structure; a modern university and quality framework law is preferable, preserving Ministry and Scientific Research Authority organisation where compatible.
Ninth amendment, 2024Reorganised the Scientific Research Authority and introduced tools for start-ups and knowledge commercialisationThe research agenda is not rebuilt here; its structure is preserved, with details left to POL-65.
Federal Supreme Court judgment, 2025Unconstitutionality of Articles 2 and 11 of Law 17/2024Appointments at grades within Council of Ministers competence and new financial burdens must follow the constitutional process; leadership and Authority provisions reflect this.
Quality and accreditationThe Supervision Apparatus includes a Quality Assurance and Accreditation Department, alongside sectoral accreditation councilsTransfer existing functions to a technically independent authority rather than duplicate bureaucracy.
Private higher education, 2026Suspension of admissions in departments failing accreditation requirements and cessation of applications for new institutions and departmentsExpansion must become legally conditional on quality, sustainability and a student protection plan.
Bologna ProcessThe 2025/2026 guide uses credits, learning outcomes and ESG standardsThe Law accommodates international alignment without locking Iraq into one model.

These developments show that Iraq does not lack quality-related activity; it lacks a stable legal structure separating the policy-maker, education provider and external accreditation decision-maker. The National Education Strategy 2022–2031 also identifies quality, accreditation, higher education governance and external efficiency among its main priorities, making this proposal a legislative continuation of an announced direction rather than a departure from it.

The legislative gap

The current Law was drafted for an administrative environment fundamentally different from higher education today. Despite successive amendments, many academic decisions remain tied to Ministry headquarters while universities expand Bologna implementation, digitisation, international partnerships, joint programmes and knowledge transfer. The result is a gap between modern practice and legal foundations: universities are accountable for quality but do not always possess sufficient flexibility over the decisions for which they are held responsible.

Conversely, broad autonomy without independent accreditation, public information, remedies and student protection could weaken oversight. The proposal therefore does more than remove ministerial control: it replaces part of prior supervision with external quality evaluation, transparency, financial audit, students’ right to redress, and periodic programme and institutional review.

Multiple quality bodies and sectoral councils also need a single framework. The Quality Assurance and Academic Accreditation Department, National Council for Accreditation of Medical Colleges and other councils are institutional assets, but require legislation specifying decision-making independence, conflicts of interest, the legal effect of accreditation, graduated sanctions, appeal rights and a public institution and programme register.

Proposed legislative policy

  • Autonomy with accountability: transfer everyday academic and administrative decisions to universities in exchange for disclosure, audit and accreditation.
  • A technically independent regulator: transform existing quality functions into a national authority instead of building a parallel bureaucracy.
  • No administrative immunity in the name of autonomy: judicial review, integrity oversight, financial audit and conflict-of-interest rules remain applicable.
  • Protect academic freedom: prohibit imposed findings, grades or content for political or commercial reasons, while preserving research ethics and discipline.
  • Risk-based regulation: distinguish correctable procedural breaches from threats to student safety or qualification integrity.
  • One academic standard for public and private institutions: ownership is no substitute for quality.
  • International flexibility: benefit from the Bologna Process and ESG without subordinating the Law to one foreign model.
  • Respect the 2025 constitutional judgment: no transfer of reserved powers or permanent financial burdens outside government and budget procedures.

Text of the bill

Statement of reasons

To implement the constitutional right to free education and encouragement of scientific research, excellence and innovation; modernise higher education legislation for university autonomy, governance and accountability; protect academic freedom and student rights; separate policy-making, education provision and external evaluation; unify accreditation and quality assurance within a technically independent national system; and align Iraqi qualifications with international standards while preserving constitutional competences and public-funds oversight, this Law is enacted.

General explanatory memorandum

1. Why a new law rather than a limited tenth amendment?

The ninth amendment of 2024 matters, but addressed specific structural issues within a law dating to 1988. University autonomy, accreditation, quality assurance, academic freedom and student protection require an integrated structure, not scattered additions to old provisions. A separate framework law governing higher education institutions and quality is therefore preferable, retaining the Ministry Law for its headquarters and Scientific Research Authority until subsequent legislative consolidation.

2. What does autonomy mean?

Autonomy does not mean separation from the State. A public university remains publicly funded and subject to courts, financial audit and integrity oversight. The change is that the Ministry no longer ratifies every academic detail: the university council is responsible for curricula, programmes, academic policies and internal resources, then held accountable through accreditation, data, outcomes and audit. Oversight shifts from ‘permanent prior permission’ to ‘responsible, assessable authority’.

3. Why a technically independent accreditation authority?

The Ministry makes policy and is effectively the State owner of public universities. If it also finally judges their quality, a structural conflict arises. European ESG standards and comparative models separate external quality functions with varying independence. The proposal does not create a parallel system from scratch: it transfers existing Quality Assurance and Accreditation Department and sectoral council functions into one statutory authority, at lower cost and with greater clarity.

4. Why do some appointment powers remain outside universities?

The 2025 federal judgment held that granting the Minister appointment powers over assistant university presidents and deans at director-general grade conflicted with Council of Ministers competence and equal opportunities. The proposal therefore does not seek to bypass the judgment under the heading of autonomy. Universities conduct competition, search and nomination, but appointment decisions rest with the constitutionally competent body according to grade. If positions are later reclassified by a new University Service Law, universities’ final decision-making powers may then expand.

5. Why not accredit every programme in the same way?

Intensive annual accreditation of every programme creates a huge administrative burden without reflecting differences in risk. Medicine, engineering and certain regulated professions need strong specialist scrutiny; other programmes can be governed through institutional accreditation and periodic reviews. The proposal therefore uses risk-based regulation and permits mature universities limited self-accreditation while retaining oversight.

6. Protecting free education

Constitutional Article (34) provides free education at all levels. The proposal protects the regular free public pathway and prevents financial autonomy from becoming an unrestricted mandate to charge fees. It does not abolish evening, parallel or continuing education programmes governed by special laws and decisions; it requires legal authority, transparency and protection against weakening the free pathway.

7. Private higher education

Law 25 of 2016 remains the foundation for establishment, ownership and management. The change transfers final academic judgments on quality to a unified national accreditation system. Developments in 2026, including suspension of admissions in departments lacking accreditation followed by a halt to new establishments, show quality-based regulation is a practical necessity. The proposal makes suspension or cessation graduated, reasoned and reviewable, while protecting enrolled students.

8. Relationship with the Bologna Process

Iraq’s 2025/2026 guide adopted Bologna Process elements, credits and ESG standards. The Law does not make ‘Bologna’ a rigid requirement for every discipline; it establishes learning outcomes, credits, mutual recognition and transparency as foundations and permits alignment with international systems. This keeps it usable if academic guides change in future.

Financial and implementation impact

The proposal sets no aggregate financial figure because publicly available data do not permit reliable university-level estimates of autonomy and accreditation costs. Costs also depend on whether current quality functions actually transfer to the Authority or are duplicated. The draft chooses transfer, reducing establishment costs and preventing regulatory duplication.

Sources of financial impact
ItemImpact typeControl mechanism
Conversion of the Quality Department and councils into the AuthorityRelatively limited transition costTransfer staff, assets and systems instead of creating a parallel apparatus
National register and digital connectivityEstablishment, followed by operationUse existing Ministry platforms and interoperability
Accreditation and external review teamsRecurring operationPublic budget + reasonable private-institution fees, without linking revenue to accreditation outcomes
University financial autonomyNo automatic funding increaseRedistribute spending authority within existing appropriations; increases pass through the budget
Student safeguards at struggling institutionsPotential riskPrivate-institution insurance/reserves or guarantees instead of transferring private losses to the treasury

Constitutional note: because creating the Authority, staffing and financing may burden the budget, the safest route is government adoption before referral to the Council of Representatives, accompanied by a detailed financial impact paper, consistent with principles affirmed by the Federal Supreme Court in its judgment published in 2025 on the ninth amendment.

Relevant international comparison

UNESCO 1997: provides a global framework for academic freedom, institutional autonomy and teaching staff responsibilities. The proposal uses it to protect research and teaching against unlawful interference while preserving responsibility, discipline and research ethics.

ESG / European area: divides quality assurance into internal, external and agency regulation, emphasising independent evaluation procedures. Since Iraq’s Bologna guide for 2025/2026 draws on ESG, legislating technical independence for accreditation aligns with an existing national direction.

Jordan: a specialist higher education accreditation and quality assurance authority offers a regional example of separating accreditation from everyday university administration. The Iraqi proposal does not copy the model; it uses the regulatory principle while integrating existing Iraqi units.

Australia / TEQSA: risk-based regulation shows that autonomy does not mean absence of oversight and that regulators need not impose identical intervention on every institution. The proposal therefore permits conditional self-accreditation for mature institutions and graduated measures from improvement plans to admissions suspension or withdrawal.

Sources and references

  1. Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives
    Article 34 guarantees free education, encourages scientific research and regulates private education; also relevant are equality, equal opportunities and executive competences.
    https://iq.parliament.iq/%D8%A7%D9%84%D8%AF%D8%B3%D8%AA%D9%88%D8%B1-%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A/
  2. Ministry of Higher Education and Scientific Research — Ministry Law No. (40) of 1988, as amended
    The Ministry’s and public universities’ basic legal framework before the ninth amendment, showing extensive central powers over admissions, curricula and establishment.
    https://mohesr.gov.iq/ar/post/%D8%A7%D9%84%D9%82%D9%88%D8%A7%D9%86%D9%8A%D9%86-2022-12-31-09
  3. Ministry of Justice — Iraqi Gazette No. 4785, Law No. (17) of 2024
    The ninth amendment to the Ministry of Higher Education and Scientific Research Law, including Scientific Research Authority reorganisation and modernisation of several sectoral powers.
    https://www.moj.gov.iq/view.8306/
  4. Ministry of Justice — Iraqi Gazette No. 4838, Federal Supreme Court decision 207/Federal/2024
    Judgment of 19 August 2025 declaring Articles (2) and (11) of the ninth amendment unconstitutional concerning appointment powers and added financial burdens, explaining constitutional limits on legislation and implementation.
    https://moj.gov.iq/upload/pdf/98ebb60c99cdddf2_4838_compressed.pdf
  5. Ministry of Higher Education — Scientific Supervision and Evaluation Apparatus / Quality Assurance and Academic Accreditation Department
    Documents existing quality and accreditation infrastructure, including accreditation, quality assurance and performance evaluation units, enabling reorganisation rather than a new parallel apparatus.
    https://mohesr.gov.iq/ar/ministrySection/46
  6. Ministry of Higher Education — Iraqi University Ranking 2025, published 4 January 2026
    Assessed 103 public and private institutions across nine dimensions, including institutional accreditation, research, compliance, internationalisation and safety.
    https://mohesr.gov.iq/ar/post/%D8%A8%D8%BA%D8%AF%D8%A7%D8%AF-%D9%88%D8%A7%D9%84%D9%85%D8%B3%D8%AA%D9%82%D8%A8%D9%84-%D9%81%D9%8A-%D8%A7%D9%84%D8%B5%D8%AF%D8%A7%D8%B1%D8%A9-%26hellip%3B-%D8%A5%D8%B9%D9%84%D8%A7%D9%86-%D8%A7%D9%84%D8%AA%D8%B5%D9%86%D9%8A%D9%81-%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A-%D9%84%D9%84%D8%AC%D8%A7%D9%85%D8%B9%D8%A7%D8%AA-2026-01-04-12
  7. Ministry of Higher Education — suspension of admissions to private departments failing programme accreditation requirements, 10 March 2026
    Current application of linking continued admissions to completion of programme accreditation under the Private Higher Education Law.
    https://mohesr.gov.iq/ar/post/%D8%A7%D9%84%D8%AA%D8%B9%D9%84%D9%8A%D9%85-%D8%AA%D9%88%D8%AC%D9%87-%D8%A8%D8%A7%D8%B3%D8%AA%D9%83%D9%85%D8%A7%D9%84-%D8%A7%D9%84%D8%A7%D8%B9%D8%AA%D9%85%D8%A7%D8%AF-%D8%A7%D9%84%D8%A8%D8%B1%D8%A7%D9%85%D8%AC%D9%8A-%D9%81%D9%8A-%D8%A7%D9%84%D8%AC%D8%A7%D9%85%D8%B9%D8%A7%D8%AA-%D8%A7%D9%84%D8%A3%D9%87%D9%84%D9%8A%D8%A9-%D9%88%D8%AA%D8%B9%D9%84%D9%8A%D9%82-%D8%A7%D9%84%D9%82%D8%A8%D9%88%D9%84-%D9%81%D9%8A-%D8%A7%D9%84%D8%A3%D9%82%D8%B3%D8%A7%D9%85-%D8%BA%D9%8A%D8%B1-%D8%A7%D9%84%D9%85%D8%B3%D8%AA%D9%88%D9%81%D9%8A%D8%A9-2026-03-10-16
  8. Ministry of Higher Education — halt to establishment of private universities and colleges, 30 June 2026
    Reflects the current need to link expansion to regulatory capacity and quality instead of uncontrolled numerical growth.
    https://www.mohesr.gov.iq/ar/post/%D9%88%D8%B2%D9%8A%D8%B1-%D8%A7%D9%84%D8%AA%D8%B9%D9%84%D9%8A%D9%85-%D8%A7%D9%84%D8%B9%D8%A7%D9%84%D9%8A-%D9%8A%D9%88%D8%AC%D9%87-%D8%A8%D8%A5%D9%8A%D9%82%D8%A7%D9%81-%D8%A7%D8%B3%D8%AA%D8%AD%D8%AF%D8%A7%D8%AB-%D8%A7%D9%84%D8%AC%D8%A7%D9%85%D8%B9%D8%A7%D8%AA-%D9%88%D8%A7%D9%84%D9%83%D9%84%D9%8A%D8%A7%D8%AA-%D8%A7%D9%84%D8%A3%D9%87%D9%84%D9%8A%D8%A9-2026-06-30-15
  9. National Education Strategy in Iraq 2022–2031 — Ministry of Higher Education
    Identifies quality, accreditation, higher education governance, external efficiency and scientific research as principal reform priorities.
    https://dirasat.mohesr.gov.iq/assets/documents/files/National-Strategy-Education.pdf
  10. Guide to Adopting the Bologna Process in Iraqi Universities 2025/2026 — Ministry of Higher Education
    Documents transition to credits and learning outcomes, implementation of quality assurance requirements and guidance from ESG standards.
    https://mohesr.gov.iq/ar/assets/img/uploaded_files/04122025.pdf
  11. Private Higher Education Law No. (25) of 2016 — Ministry of Justice/text officially circulated through universities
    Framework for establishing and supervising private universities, colleges and institutes; remains the basis for ownership and licensing, aligned with national accreditation.
    https://www.moj.gov.iq/view.2593/
  12. UNESCO – Recommendation concerning the Status of Higher-Education Teaching Personnel (1997)
    International reference for academic freedom, institutional autonomy and higher education personnel responsibilities; under international review in 2026.
    https://www.unesco.org/en/higher-education/1997recommendation
  13. ENQA – Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG)
    Reference framework for internal and external quality and independent quality assurance agencies, also used in Iraqi Bologna guides.
    https://www.enqa.eu/esg-standards-and-guidelines-for-quality-assurance-in-the-european-higher-education-area/
  14. Jordan — Accreditation and Quality Assurance Commission for Higher Education Institutions / Accreditation Law
    Regional example of separating accreditation and quality assurance within a specialist authority.
    https://www.heac.org.jo/Ar/List/%D8%A7%D9%84%D9%82%D9%88%D8%A7%D9%86%D9%8A%D9%86
  15. Australia – TEQSA Higher Education Standards Framework 2021, amended 2026
    Comparative model for risk-based regulation, institutional governance, internal quality assurance and student protection.
    https://www.teqsa.gov.au/how-we-regulate/higher-education-standards-framework-2021

The draft determines the current legal position from the Constitution, Iraqi Gazette, Ministry of Higher Education and official sources. International and comparative standards inform governance and quality design, not replace Iraqi law.

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