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POL-70

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

Ali Zuweid's Political Programme

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

Culture, Arts and Cultural and Creative Industries Law

Document numberPOL-70
Version1.0
Publication and update date
ScopeRepublic of Iraq

Executive Summary

Iraq possesses exceptional cultural and historical weight and longstanding publishing, theatre, cinema, music, arts, book, document and children's culture institutions. However, contemporary cultural activity is governed by fragmented legislation from different periods. Ministry of Culture Law No. (17) of 2001 remains a core legal reference; copyright law dates to 1971, the Artists' Syndicate Law to 1969 and the National Library Law to 1961. Public institutions such as the General Cultural Affairs House and Cinema and Theatre Department operate through public-company structures and organisational regulations originating in the 1990s or earlier. Meanwhile, the official governmental name is now the Ministry of Culture, Tourism and Antiquities, whose modern structure is not fully reflected by the 2001 law alone.

The bill proposes a framework law for culture, arts and cultural and creative industries. Antiquities and heritage are not merged into it: antiquities, cultural property and tangible and intangible heritage are addressed specifically in POL-71. Copyright law is likewise not rewritten, as intellectual property reform is addressed in POL-47. This Law organises cultural rights, public policy, financing, institutions, the creative economy, access, digitisation and relations between the state, creators and markets.

The first principle is creative independence. The Ministry shall not prescribe taste or demand political content in exchange for support. Restrictions must be constitutionally and legally prescribed, necessary, proportionate and challengeable. The bill replaces general prior censorship with subsequent legal accountability, age classification, safety, property rights and public-space rules.

The second principle separates cultural support from direct administration. A national grants programme within the Ministry's budget shall distribute resources through competitions, expert panels and conflict-of-interest disclosure, with streams for production, development, translation, touring, children's culture, digitisation and creative industries. Funding is not recovered merely because work lacks commercial or critical success where the project was implemented in good faith: cultural grants finance public value and creativity that inherently involve risk.

The third principle transforms culture from a limited spending portfolio into a measurable economic sector without reducing its value to financial output. The law defines cultural and creative industries, provides incubators, accelerators, finance and procurement suited to creative work, and calls for cultural economic accounts and employment, trade and production data. It also protects public cultural institutions from profit requirements that undermine their public mission.

The fourth principle modernises existing institutions rather than creating parallel bureaucracy. The General Cultural Affairs House, Cinema and Theatre Department, Children's Culture House, libraries and cultural centres need reviewed service, financing and internal regulation models, not destruction of institutional memory. The bill provides a transition to review outdated provisions and purposes inconsistent with the 2005 Constitution, separate cultural public service from commerce and preserve archives, brands and collections.

Internationally, the bill draws on UNESCO's 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which Iraq joined in 2013. It recognises states' right to policies supporting diverse expression and cultural industries while requiring human rights, freedom of expression, openness and diversity. The document translates these principles into implementable Iraqi grant, institution, digital market and governorate culture rules.

The Legislative Gap

Fragmented legal framework: Culture operates through old, dispersed laws. Some public institutions still follow purposes or administrative forms drafted under political and economic conditions preceding the current Constitution.

No clear cultural rights law: General constitutional freedoms exist, but no modern framework defines creative freedom, cultural access, non-discrimination and funding without content interference.

Uncoordinated cultural funding: Support may flow through institutions, festivals, printing or separate events without a stable national system of competitive grants, assessment, disclosure and evaluation.

Weak separation of public service and commerce: Some cultural institutions are classified as self-financing public companies although their main mission is a potentially unprofitable public cultural service. This may push them to measure success through revenue rather than cultural impact.

An unmeasured creative economy: Publishing, design, music, cinema, digital games, advertising and creative crafts are economic activities, but lack of unified classification and data makes them less visible in economic policy, investment and finance.

Geographical concentration: Much funding, activity and institutional infrastructure is concentrated in the capital and major centres, while governorates need needs mapping, local cultural plans and funding for access and touring.

Digital transformation: Institutions need digital preservation, access, data, AI, archiving and digital material rights rules, issues absent from most older laws.

Proposed Legislative Policy

  • Rights first: Creative freedom, access, diversity and non-discrimination are legal principles, not administrative privileges.
  • No regulation of taste: Restrictions require specific law; age classification, safety and accountability become the principal regulatory tools.
  • Grants at arm's length from political decisions: Expert panels, published criteria, conflicts-of-interest rules and reasons for outcomes.
  • Modernise institutions rather than multiply them: Review existing companies and departments, separating public service from commercial activity.
  • Culture as both economy and public value: Measure creative industries and support entrepreneurship without making every cultural institution a profit-making venture.
  • Governorates within national policy: Local plans, tours, multifunctional centres and shared public facilities.
  • Digital transformation as access and preservation rights: Sustainable digitisation, interoperability, security, privacy and accessibility for persons with disabilities.
  • Separation from POL-71 and POL-47: Antiquities, heritage and intellectual property retain specialised legislation with clear complementary links.

Text of the Bill

Statement of Reasons

This Law is enacted to guarantee cultural rights and creative freedom, protect diversity, modernise policy and institutions consistently with Iraq's Constitution, organise transparent and artistically independent financing and grants, develop arts, creative industries, the cultural economy and digital transformation, support sector workers and creators, expand access in governorates and underserved groups, and implement Iraq's international cultural diversity obligations.

Explanatory Memorandum

1. Why a cultural framework law rather than only a new ministry law?

Ministry restructuring is necessary but insufficient. Creator rights, grants, public institutions, creative industries, independent work, access and digitisation also require attention. This bill provides the sector framework, leaving ministry-law reform to complementary institutional legislation reflecting the final government structure without reopening cultural principles whenever a ministry is renamed or a body attached.

2. Why no independent arts council or new fund?

Artistic decisions should be independent of political pressure, but new authorities and funds are not the only route. A budget grants programme with rotating expert panels, disclosure, grievances and public reporting can achieve this. If implementation later shows a need for a legally independent council, an amendment can establish it after cost and effectiveness data become available.

3. Limits of creative freedom

Creative freedom does not confer immunity from law, but rejects general administrative prohibition based on differing opinions or taste. Works are normally published or shown freely, with relevant laws applied to specific violations and children protected through age classification, venue, safety and rights rules. This differs fundamentally from officials deciding whether work is ‘acceptable’ before it appears.

4. Why should grants bear creative risk?

Requiring assured commercial success would exclude experimentation, non-commercial literature, local theatre and translation. Accountability therefore concerns implementation, money and integrity, not popularity. Market failure or negative criticism does not justify recovery where obligations were met.

5. Public cultural companies

Publishing, cinema and theatre may generate revenue, but wholly self-financed public institutions may abandon low-return public-value work. The Law therefore asks which activities are public services deserving budget funding and which are commercial activities requiring clear accounts and competition.

6. Creative industries

UNESCO's 2005 Convention expressly allows support for independent cultural industries and access to production and distribution. In Iraq, this can bring designers, musicians, publishers, filmmakers, game developers and digital creators into measurable economic policy instead of limiting culture to government events.

7. Culture and intellectual property

Creators need clear rights, but duplicating copyright law within cultural legislation creates conflicts. The bill respects rights and fair contracts while leaving protection terms, exceptions, related rights, collective management and enforcement to IP reform.

8. Separation from antiquities and heritage

Intangible heritage may inspire contemporary creativity and antiquities support education and exhibition, but site, collection, excavation and illicit-export protection requires another system. POL-70 therefore sets no excavation, possession or restitution rules; these remain in POL-71.

Cultural Funding Model

Proposed public funding instruments
InstrumentPurposeSafeguard
Production grantComplete a work, performance, book or filmArtistic assessment + budget + payment milestones
Development grantResearch, writing, prototype and residencyNo immediate commercial product required
Access and distribution grantTranslation, touring, marketing and accessibilityClear access indicators
Small grantIndividual and emerging group initiativesSimplified accounting
Institutional supportContinuing cultural servicePerformance agreement and annual report
Cultural procurementBooks, works, design and productionPublished selection and conflict-of-interest rules

The Cultural Economy and Creative Industries

Defining creative industries does not impose a new licence on every creator; it makes the sector visible to statistics, finance, investment and trade. Without establishment, workforce, output and export figures, the state cannot identify disappearing jobs or regulations hindering market growth.

These industries differ from traditional manufacturing. Many assets are rights, content, brands and reputation, and income is intermittent and project-based. The bill therefore permits incubators, finance, guarantees, export programmes and procurement valuing quality alongside price, while company, labour, tax and competition laws remain the general reference.

Public Cultural Institutions

The bill does not assume every old institution should close. It asks each unit whether it provides public services, trades, archives and preserves, produces culture or regulates. Answers allow separation of budgets and commercial income, removal of old organisational purposes and modernised boards and internal rules.

The National Library and Archives retains its legal competence; Children's Culture House keeps its specialist role with updated child-rights standards. The General Cultural Affairs House, Cinema and Theatre Department and other public-company units undergo transitional review to distinguish publicly funded services from transparently commercial operations.

Digital Culture

Digital transformation goes beyond scanning books or posting on social media. Cultural institutions need cataloguing and preservation standards, sustainable formats, backups, digital rights, disability access and interoperability enabling data transfer when suppliers change. This particularly matters for films, recordings, images and documents that can disappear despite a digital copy if not professionally preserved.

The Law treats AI as assistance for cataloguing, description, translation and discovery, with IP and data protection and human verification. Public institutions may not present generated content as a historical document or original human work when it is not.

Transitional Provisions

Transition begins with legislative and institutional inventory, not closures. The Ministry shall review laws, internal regulations and founding statements, identify pre-constitutional provisions requiring repeal or replacement, and map public service, commerce, assets and archives.

  1. Within 6 months: Form review teams, launch the institutional register and prepare grant regulations.
  2. Within 12 months: Operate competitive streams, publish basic institution and grant data and adopt facility management standards.
  3. Within 18 months: Complete review of the General Cultural Affairs House, Cinema and Theatre Department, Children's Culture House and other institutions with older rules.
  4. Within 24 months: Submit an updated Ministry of Culture, Tourism and Antiquities bill if not already enacted, and necessary amendments beyond the reach of instructions.

Financial and Implementation Impact

No reliable national cost can be estimated before collecting current Ministry, public company, governorate, festival and institutional cultural spending data. The bill therefore provides neither falsely precise figures nor a fixed budget percentage.

New costs centre on grants, digitisation and digital preservation, accessible facilities, theatre and centre maintenance, data, touring and governorate support, and creative economy incubators. Substantial reform may be funded by redirecting existing spending from repetitive events or unmeasured support to competitive programmes and sustainable assets.

Public cultural institutions must separately account for public-service allocations and commercial income. This reveals true cultural service costs rather than assigning non-profit missions and judging them by profit.

Financial rule: No major new cultural facility without operating and maintenance costs; no permanent annual festival without evaluation; no public grant without recipient and purpose disclosure. Cultural success, however, is not measured by financial revenue alone.

International Framework

Iraq joined UNESCO's 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions in 2013. It recognises cultural activities, goods and services as carriers of identity, values and meaning and permits regulatory and financial measures supporting production, distribution and independent industries, while requiring expression, information, human rights, equitable access and openness to other cultures.

Grant, creative industry, diversity, access and international cooperation provisions align with the Convention. The Ministry must prepare periodic reports with civil society and cultural-sector consultation. The Convention does not justify content censorship: it recognises that diversity requires guaranteed fundamental freedoms.

The 2003 Intangible Cultural Heritage Convention and other heritage conventions remain important for Iraq, but their core subject is addressed in POL-71. This Law concerns connections between heritage expression, contemporary creativity, cultural industries and public access.

Sources and References

  1. Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives
    Constitutional basis for rights, freedoms, equality, cultural diversity and expression.
    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. WIPO Lex — Ministry of Culture Law No. (17) of 2001
    Existing ministry law and latest version available in WIPO Lex.
    https://www.wipo.int/wipolex/ar/legislation/details/10963
  3. Ministry of Culture Law No. (17) of 2001 — Iraqi Legislation Database
    Arabic textual reference for original ministerial purposes and structure.
    https://wiki.dorar-aliraq.net/iraqilaws/law/1177.html
  4. Ministry of Justice — Copyright Protection Law No. (3) of 1971 and amendments
    Official reference for applicable copyright law and amendments.
    https://moj.gov.iq/view.6400/
  5. WIPO Lex — Iraq intellectual property legislation profile
    Lists Copyright Protection Law No. (3) of 1971 among Iraq's principal IP laws.
    https://www.wipo.int/wipolex/ar/members/profile/IQ
  6. Iraqi Artists' Syndicate — Syndicate Law No. (129) of 1969 and amendments
    Professional reference for existing law, membership, purposes and artistic fields.
    https://ias.org.iq/laws-and-regulations/
  7. National Library Law No. (51) of 1961
    Historical legal basis for national library collection, preservation, cataloguing and knowledge access.
    https://wiki.dorar-aliraq.net/iraqilaws/law/403.html
  8. First Amendment to the National Library Law, No. (2) of 1979
    Reference for updating the Library's attachment to the Ministry of Culture.
    https://wiki.dorar-aliraq.net/iraqilaws/law/9460.html
  9. National Library and Archives — Institutional overview
    Reference for the institutional history of the National Library and National Documentation Centre and their unification.
    https://iraqnla.gov.iq/aiqsam%20aldaar.html
  10. Document Preservation Law No. (70) of 1983
    Legislative reference for national documents and the National Documentation Centre.
    https://wiki.dorar-aliraq.net/iraqilaws/law/19090.html
  11. General Cultural Affairs House — About us
    Official institutional and legal history reference describing a public cultural production company.
    https://darculture.gov.iq/%D8%B9%D9%86-%D8%A7%D9%84%D8%AF%D8%A7%D8%B1-%D9%88%D8%A7%D9%84%D9%86%D8%B4%D8%B1/mn-nhn.html
  12. Ministry of Justice — Iraqi Gazette issue 4742 of 2023
    Documents the 2023 amendment to the Cinema and Theatre Department public company's founding statement, confirming continuing need to modernise its legal and operating model.
    https://www.moj.gov.iq/view.7586/
  13. Children's Culture House Instructions No. (3) of 1998
    Reference for the House's old organisation and children's publishing and cultural programme functions.
    https://wiki.dorar-aliraq.net/iraqilaws/law/16954.html
  14. UNESCO – Iraq: Conventions ratified
    Documents Iraq's accession to the 2005 Cultural Diversity Convention and deposit of its accession instrument in July 2013, alongside other cultural conventions.
    https://www.unesco.org/en/countries/iq/conventions
  15. UNESCO – Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005)
    Binding international framework for cultural diversity, policy, cultural and creative industries, expression and access.
    https://www.unesco.org/en/legal-affairs/convention-protection-and-promotion-diversity-cultural-expressions
  16. UNESCO – Diversity of Cultural Expressions, updated 23 February 2026
    Recent reference connecting 2005 Convention implementation to public policy and dynamic, inclusive creative industries.
    https://www.unesco.org/en/diversidad-expresiones-culturales
  17. UNESCO – Iraq periodic report under the 2005 Convention
    Documents Iraqi cultural policy context and emphasis on rights, diversity, infrastructure and industries.
    https://media.unesco.org/sites/default/files/webform/dce002/QPR_2018_IQ_622a0f95-20b5-4964-b13d-9f0fdadce29b_12.pdf
  18. UNESCO – Iraq Intangible Cultural Heritage profile
    Reference for Iraq's living cultural expressions and registered and ongoing element files, distinguished from detailed heritage regulation in POL-71.
    https://ich.unesco.org/en/state/iraq-IQ
  19. Ministry of Justice — Iraqi Gazette issues 2024–2025 and Ministry of Culture, Tourism and Antiquities statements
    Documents continued use of the current institutional name in published official statements.
    https://www.moj.gov.iq/view.8920/

Priority goes to Iraqi legal sources and official treaty databases. UNESCO sources interpret cultural diversity obligations and creative policy; antiquities, heritage and IP protection are referred to associated specialist legislation.

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