Kurdish Region of Iraq Reaches Compromise on FOI

21 June 2013

The Kurdistan Region of Iraq is moving toward a law on right to information, according to a report  by Abdel Hamid Zebari for Al-Monitor Iraq Pulse.

The deal has taken three years to negotiate, Zebari write, but a consensus has been reached by the ruling bloc, comprised of the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK), and the opposition, the Movement for Change, Jamaa Islamiya and the Kurdistan Islamic Union. It could nto b immediately determined if the law has been finally approved.

The report says the Kurdistan Region of Iraq parliament on June 3 “approved a number of military, security, political and personal exceptions in Article 15 of the mentioned law.”

Zebari reported:

The article stipulates, “Any public or private institution shall not refrain from providing information under the pretext of preserving the institution’s interests, if the public interest requires the disclosure of such information.”

The article also stipulates that “public and private institutions have the right to refuse to provide information if this information is related to defense or security issues in Kurdistan (details on armament, military movements, secret military and intelligence missions, troops movements, defensive tactics and intelligence information).”

The exceptions also include “withholding information that will affect the course of negotiations between the Kurdistan Region of Iraq and other parties” and “information that is linked to the exchange of information between two negotiating parties, if the parties agreed on keeping them confidential.” They also include “withholding information that will affect the course of investigations and trials, or information that is harmful to legitimate competitions related to copyright or intellectual property rights.”

The article also stipulates that everyone has the right to withhold educational, medical or employment records as well as bank account information and personal employment details, unless they have the consent of the concerned person. They can also withhold information on citizens’ safety and health or information that would threaten citizens’ lives and information that, if disclosed to the media, would be leaked to websites which, even if protected, could be hacked.

This is the first time that the ruling and opposition blocs in parliament of the Kurdistan Region of Iraq have reached a consensual formula on this law. It is considered a disputed and controversial issue in the media, as it will help promote transparency in government institutions and eliminate administrative and financial corruption by providing journalists, media, researchers and civil society organizations with information.

Speaking to Al-Monitor, Adnan Osman, a member of the opposition Movement for Change, voiced a number of concerns, including that the exceptions could be used to hide information.

Journalist Rashid Abdul Aziz told Al-Monitor, “The most important thing in this law is the practical implementation and government commitment, particularly the implementation mechanism, appointing the spokespersons and the availability of information to journalists, media professionals and citizens.”

He added, “So far, we have not seen any cooperation from the government. These exceptions in the law will raise concerns and obstruct the work of journalists and citizens in accessing information, particularly in the military or security fields.”

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