* Category includes ratification, accession, or succession to the treaty

The current Constitution of Iraq was approved by a referendum that took place on October 15, 2005.

Relevant constitutional provisions include:

• Article 38: The state guarantees in a way that does not violate public order and morality: (A) Freedom of expression, through all means. (B) Freedom of press, printing, advertisement, media and publication. (C) Freedom of assembly and peaceful demonstration.  This shall be regulated by law.
• Article 39: First: The freedom of forming and joining associations and political parties is guaranteed. This will be organized by law.  Second: It is prohibited to force any person to join any party, society or political entity or force him to continue his membership in it.
• Article 40: The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision.
• Article 41: Each individual has freedom of thought, conscience and belief.

Relevant national-level laws and regulations affecting civil society include:

• Federal Government: Law on Non-Governmental Organizations (Law 12 of 2010) [English] [عربي] [کوردی], Law of the Supreme National Commission for Accountability and Justice (Law 10 of 2008) [English] [عربي], Instructions to Implement the Law on Non-Governmental Organizations (Council of Ministers Instructions 6 of 2010) [English] [عربي]
• Kurdistan Regional Government: Law on Non-Governmental Organizations in the Iraqi Kurdistan Region (Kurdistan Regional Government Law 1 of 2011) [English] [عربي] [کوردی]

In mid-2023, the Iraqi government reportedly re-introduced two draft laws to the Parliament which, if passed, would severely curtail the rights to freedom of expression and peaceful assembly. The draft Law on Freedom of Expression and Peaceful Assembly would prosecute anyone who makes public comments that violate “public morals” or “public order” and the draft Law on Cybercrimes would punish with a sentence of up to life imprisonment and a fine of up to 50 million Iraqi Dinars (around $38,000) anyone who posts online content that is deemed to undermine the vaguely defined “country’s supreme economic, political, military, or security interests.”

In August 2025, the Iraqi Parliament was debating the draft Law on Freedom of Expression and Peaceful Assembly. The draft law, however, was advanced “in a shroud of secrecy“. CSOs that reviewed unofficial drafts expressed concern that the law would result in further violations of the rights to freedom of expression and peaceful assembly. To address these concerns, Parliament on July 31, 2025 announced that the law would be called the “Peaceful Assembly Law” and all provisions pertaining to freedom of expression and criminal punishments were removed in the spirit of “not restricting protests.” Without any official draft of the law being made public, it is difficult to corroborate the Parliament’s claims. According to the latest information, among other restrictions, the draft law would ban nighttime protests and restrict on gatherings on public roads or near hospitals, schools and government buildings; require prior approval from local authorities for protests at least five days in advance; and impose ten-year jail sentences for anyone advocating “war, terrorism or ethnic, racial or sectarian hatred” and a minimum of one year in prison and a heavy fine for anyone who desecrates or insults religious symbols or sites. Please see the News Items below in this report for additional details.

We are unaware of other current pending NGO Legislative / Regulatory Initiatives. If you are aware of any additional information, please keep us informed; write to ICNL at ngomonitor@icnl.org.

The legal framework for civil society in Iraq is primarily established by Law 12 of 2010 on Non-Governmental Organizations and its implementing instructions. Under this law, the only available legal form for registered, not-for-profit entities is a non-governmental organization (NGO). An NGO is defined as “a group of natural or legal persons that have registered and obtained legal personality according to the terms of this Law to pursue not‐for‐profit purposes” (Article 1 (First)). The law also recognizes foreign NGOs, defined as “a branch of an NGO that has been established according to the laws of another country” (Article 1(Second)).

In the Iraqi Kurdistan Region, the Law on NGOs (Kurdistan Regional Government Law 1 of 2011) governs NGOs. The Kurdish NGO Directorate implements the law.

NGOs in Iraq may pursue any not-for-profit purposes. Those seeking to “achieve a public interest” can apply for “public utility” status. According to Article 17 of Law 12 of 2010, NGOs with this status are exempt from income tax, VAT, customs duties, and sales tax. Public utility status is granted by the Council of Ministers, based on a proposal from the Secretary General of the Council of Ministers.

Public participation rights in Iraq are not institutionalized. Most areas of the country lack both a formal cooperation policy (compact) and a legal framework implementing the right to access information. Although drafts of compacts and an access to information law have been proposed, they have never been approved.

In contrast, Iraqi Kurdistan has some established mechanisms to support public participation and access to information. In 2013, the government adopted a Right to Access Information Law and issued The Compact on Partnership and Development between Public Authorities and Non-Governmental Organizations in the Kurdistan Region of Iraq. This document “is based on the understanding that for a developing and permanent democratic system, the public sector must involve its citizens and non-governmental organizations in the decision-making process.” Despite these legal protections, public awareness on the right to participate remains low.

While Law 12 of 2010 does not impose significant barriers to entry, the Implementing Regulation passed by the Council of Ministers requires all NGOs to register. In addition, Iraq’s NGO Directorate requires all organizations to obtain approval from the Supreme National Commission for Accountability and Justice in order to register. The denial of registration must be tied to a specific provision of the law.

Registration procedures are often delayed due to the requirement that an organization’s headquarters be approved by security authorities like the National Security Service, before the application is forwarded to the NGO Directorate for final approval. Further delays arise from the process of verifying that no other registered organization has a similar name. This verification is time consuming, and the logistics of submitting the required documentation continue to pose challenges for CSOs.

Branches of foreign NGOs seeking to register in Iraq must provide copies of Iraqi nationality certificates and civil status identity cards for their Iraqi staff, as well as passports and residence documents for their foreign staff (Article 25, Law 12 of 2010). This requirement imposes a barrier to registration, as some organizations may have concerns about sharing the identification documents of their staff.

In the Iraqi Kurdistan Region, CSOs register with an independent NGOs Directorate under the authority of the Council of Ministers. The Directorate must provide a dated receipt to applicants upon receipt of applications. If no decision is made within 30 days, then the registration application is considered approved. In addition, although in principle CSOs registered in Baghdad (federally) should be automatically considered registered and have the right to work anywhere in the country, for an organization to operate in the Iraqi Kurdistan Region, it must notify the local NGO Directorate and against complete a process that is essentially the same as the original registration process.

The Kurdish NGO Department requires foreign organizations to renew their registration annually.

In 2021, the NGO Directorate issued official letter No. 34766 to all local and foreign organizations asking that they submit all questionnaire forms for government approval before distribution. If an organization conducts a survey without prior government approval, it will be considered to have violated regulations and be dissolved. This poses a significant restriction on an organization’s ability to implement programs that suit the most urgent needs of their communities.

Some organizations have also faced bureaucratic difficulties and restrictions on activities since 2021. For example, when the Iraqi Social Forum requested permission to hold a festival in the Abu Nawas area in Baghdad, it required the approval of the municipality, security controls in the Abu Nawas area, and the security authorities in the region.

Other limitations on membership mentioned in the law include that:

• No more than 25 percent of an NGO’s members may be foreign residents, unless the organization is founded by foreign residents in Iraq.
• Minors may join the NGO as honorary members only, but may not attend the meetings of the General Assembly or vote on its decisions.
• Any person has the right to be a member of several NGOs, but may not chair more than one NGO.

None.

Article 38 of Iraq’s Constitution guarantees freedom of expression and freedom of the press, provided that the exercise of these rights does not violate “public order and morality.”  In practice, however, these freedoms are frequently constrained. For example:

• In April 2020, Iraq revoked Reuters news agency’s reporting license for three months after it reported that the number of new Covid-19 cases in the country was in the thousands–much higher than official figures. In addition, Iraq said it would impose a fine of around $21,000 and asked Reuters to issue an apology for a report that “put social security at risk.”
• According to a Human Rights Watch report, in February 2021, a court in the Kurdistan Region sentenced three journalists and two activists to six years in prison. Two other activists known for criticizing the government were also being held, despite insufficient evidence.
• In January and February 2023, a judge at the Third Investigative Court in al-Karkh, who specializes in media and publishing, announced that the courts had charged 14 people for publishing “indecent” or “immoral” content on social media and had already sentenced six of those individuals to prison terms ranging between six months to two years.

According to Article 38 of the Constitution, “[t]he State shall guarantee in a way that does not violate public order and morality… freedom of assembly and peaceful demonstration, and this shall be regulated by law.” Provisional Order 19 of 2003, adopted by the Coalition Provisional Authority, provides the primary legal framework for public assemblies and demonstrations. The Interior Ministry has issued additional regulations that restrict assemblies in specific circumstances. For instance, an order circulated in April 2011 banned street protests and limited demonstrations to certain football stadiums.

Advance Notification 

Article 4 of Order 19 prohibits “any march, assembly, meeting or gathering on roadways, public thoroughfares or public places unless an Approving Authority has been given notice in writing of the location, the maximum number of persons participating, and the names and addresses of the organizers of any such march, assembly, meeting or gathering, its route, and its time of inception and duration at least 24 hours before such inception.”

The Order does not specify grounds for rejecting a notice, granting authorities broad discretion. Article 9 of Order 100 of 2004, which amended parts of Order 19, allows organizers to appeal to a federal court if a denial is “arbitrary, capricious, or otherwise contrary to law.”

Time and Place Restrictions

Article 3 of Order 19 imposes constraints on the timing, duration, and location of assemblies, including:

• Assemblies cannot be held in public places for more than four hours.
• Assemblies cannot occur during peak traffic hours (from 7:30-9:00 am and 4:30-6:00 pm on business days) without prior approval.
• Assemblies must be at least 500 meters from embassies and their regional offices.
• Assemblies on roadways must be limited to a size that “will not unreasonably obstruct pedestrian or vehicular traffic,” as determined by authorities. In such a case, authorities must inform the organizers of the maximum number of participants within 12 hours of notice.
• Assemblies cannot occur in more than one location or municipality on the same day without prior authorization.

Criminal Penalties

Article 7 of Order 19 stipulates that individuals who organize or participate in unauthorized assemblies may face imprisonment of up to one year.

Enforcement

Security forces in both Iraq and Kurdistan have frequently used force to suppress protests. During anti-government demonstrations across the country in February 2011, security forces killed at least 12 protesters and injured more than 100, including unarmed journalists. In the Kurdistan region during the same period, security forces killed at least ten protesters and injured more than 250. In April 2013, clashes between Iraqi military forces and anti-government protesters near the city of Hawija resulted in over 40 deaths and hundreds of injuries from live ammunition and tear gas.

In 2019, during mass protests, known as the Tishreen [October] protests, security forces, including anti-riot police, counterterrorism forces and members of Popular Mobilization Units (PMU) militias, again used lethal force against protesters and pursued a campaign of extrajudicial killings and enforced disappearances. In one case, the father of a human rights lawyer who was forcibly disappeared during the October 2019 Tishreen protests was later killed in March 2021 after campaigning for answers about his son’s whereabouts. Although successive Iraqi governments formed numerous committees to investigate violations committed during the Tishreen protests at the national and governorate level, these committees have failed to deliver justice.

In September 2023, Iraqi security forces also opened fire on a group of unarmed protesters in Kirkuk, killing four and injuring several others. The mostly Kurdish protesters were protesting with what they perceived as an ongoing erasure of Kurdish presence in the province amid ethnic tension with Arab and Turkmen residents. After the shootings, the Iraqi government encouraged restraint on all sides and initiated an investigation but without any tangible results or follow-up.

COVID-19 Restrictions

On February 26, 2020, Iraq’s Ministry of Health issued a 14-day ban on all public gatherings to prevent the spread of Covid-19. In Iraqi Kurdistan, at least eight journalists were arrested while covering protests by public school teachers and government employees demanding their salaries be paid. Kurdish officials stated that the journalists and 11 protesters were detained for violating the Covid-19 mass gathering ban.

Iraqi parliament debates law restricting right to protest (August 2025)
Legislation has been introduced to the parliament that will introduce new restrictions including on insults to religious sects, a ban on nighttime protests, and restrictions on gatherings on public roads, near hospitals, schools and government buildings. The new bill, being debated in parliament, will also require prior approval from local authorities for protests at least five days in advance. Ten-year jail sentences could be handed down for those advocating war, terrorism or ethnic, racial or sectarian hatred, while those who desecrate or insult religious symbols or sites could face a minimum of one year in prison and a fine of one million dinars.

Women peace and security agenda in Iraq stuck between the law and reality on the ground (November 2023)
CSOs, foreign diplomats and the secretary general of the Kurdistan Region’s High Council for Women and Development identified the gap between the law and the reality on the ground as one of the main elements hindering progress on the women, peace and security (WPS) agenda in the Kurdistan Region and Iraq, at a conference sponsored by the Italian foreign ministry in Erbil. UN Security Council resolution 1325 on women, peace and security focuses on the role of women in the “prevention and resolution of conflicts” as well as their participation in politics and reconstruction efforts post conflict.

Who is cracking down on Iraq’s anti-government protesters? (February 2020)

‘We Are Not Going To Leave’: Iraq’s Protests Escalate (January 2020)

Protesters block Iraqi commodities port (September 2018)

Iraq after the Arab Spring (January 2016)

Cooperation Compact Reached between the Public Authorities and CSOs (September 2013)

Iraqi authorities must not block peaceful protests (September 2013)

Iraq’s Sadr Encourages Anti-government Demonstrations (January 2013)

Cybercrimes law violates free speech (July 2012)

The 20th Anniversary of the Parliament of Kurdistan: An open letter from the FCSO (May 2012)

EU and UNOPS release report on Iraqi human rights work related to detainees and torture victims (April 2012)

In Iraq, concern over shrinking rights (April 2012)

Finally, a law protecting Iraq’s journalists (May 2011)

Iraq’s protests test Maliki’s leadership (March 2011)

Vulnerable citizens at risk (February 2011)

Iraq stalemate ends (November 2010)

Iraqi court issues ruling for Parliament to return (October 2010)

Representatives of the Iraqi Government, Parliament, and NGOs agree on recommendations for the implementing regulation to the new Iraqi NGO law (July 2010)

Interview about the new Iraqi NGO law with Legal Advisor Kareem Elbayar (July 2010)

Iraq: Political uncertainty causing aid funds to dry up? (July 2010)

Iraq’s new ruling elite show contempt for voters (March 2010)

It’s up to Iraqis now. Good luck. (March 2010)

Under Saddam Hussein’s Ba’athist regime, independent civil society did not exist in Iraq. Nearly all civic institutions were affiliated with the ruling Ba’ath party and therefore could not be considered genuine non-governmental organizations.

Following the U.S. invasion in 2003, civic space opened significantly, and thousands of non-governmental organizations (NGOs) were established and registered under Coalition Provisional Authority Order Number 45 on Non-Governmental Organizations (2003). Initially, most of these organizations focused on humanitarian and relief efforts, but over time many began to focus on human rights and democratic development, including elections and constitutional reform.

With the end of the Coalition Provisional Authority and the restoration of Iraqi sovereignty in June 2004, Iraq’s emerging civil society leaders worked with Iraqi government officials and international partners to draft a new NGO law aligned with international standards. This process culminated on January 25, 2010, when the Iraqi Council of Representatives approved the Law on Non-Governmental Organizations (Law 12 of 2010) [English] [عربي] [کوردی] on the final day of the first post-war parliamentary session. The law represented a significant improvement upon previous laws and regulations.

In the Kurdistan Region, the Parliament adopted the Law on Non-Governmental Organizations (Kurdistan Regional Government Law 1 of 2011) [English] [عربي] [کوردی] in April 2011. This law marked a milestone for Kurdish civil society and established the legal framework for civil society-government relations in the Kurdistan Region.