IRAQ - International Day to End Impunity for Crimes against Journalists, 2 November

Let us pay tribute to the incredible courage and determination of journalists all around the world. Let us remember that independent and ethical journalists are essential to countering disinformation, ensuring fact-based dialogue and decision making and holding those in power accountable. They are vital to the protection and promotion of our fundamental rights and to the functioning of society. Let us commit to make the safety and protection of journalists a priority, not just in words but in action.

– UN High Commissioner for Human Rights, Volker Türk, 2 November 2022

Working closely with journalists, bloggers, tech organizations, press freedom NGOs and other civil society activists and human rights defenders in Iraq, UNAMI HRO has provided trainings to enhance their capacity, advancing advocacy to highlight their concerns, and monitoring and reporting violations that target them.

In Iraq and worldwide, journalists, activists and others who exercise their profession and right to freedom of expression should be able to do so safely and without fear of criminalization, attack, or retaliation. Impunity for crimes against journalists, and the instrumentalization of the justice system to bring criminal charges against journalists for criticizing public figures contributes to a chilling effect and limits space for healthy dialogue and dissent.

Shrinking space for freedom of expression

Space for free expression in Iraq is shrinking. In the 2022 Reporters Without Borders’ World Press Freedom Index, Iraq slid in the ranking from 163 to 172 out of 180 countries. This reduction in ranking comes in the aftermath of the serious repression against demonstrators, activists, human rights defenders and journalists beginning with the October 2019 Tishreen demonstrations. The HRO released seven reports on rights violations committed during the protests. The office recorded 487 deaths, 7,715 injuries, 48 attempted or executed targeted killings, 32 abductions, and the continued disappearance of at least 20 activists, perpetrated by security forces and armed actors. See: Update on Accountability in Iraq | Limited progress towards justice for human rights violations and abuses by ‘Unidentified Armed Elements’

The office has constructively engaged with the government to encourage accountability for these crimes. Though the office has commended the progress made in compensating victims’ families, it also notes that despite the government registering over 8,000 criminal acts, the HRO has documented convictions in less than ten cases. This persistent impunity emboldens the perpetrators of the crimes and at the same time has a chilling effect on society, including journalists themselves.

In October 2022, Iraq’s High Judicial Council released the encouraging information that zero killings of journalists had been reported in the year to-date and that a specialized unit had been established to specifically examine cases related to journalists and other members of the press.[1]

Nonetheless, the HRO notes that in the past year Iraq’s restrictive defamation laws have also been used against journalists and activists who have publicly criticized public figures, contrary to the freedom of expression enshrined in Iraq’s constitution. Media outlets in both Federal Iraq and the Kurdistan Region (KR) have had programs suspended following broadcasts perceived to be critical of authorities. Reporters across the country have been harassed or obstructed by security forces while covering demonstrations or other events, and in some cases beaten and detained. Journalists have been threatened or intimidated by non-state actors and several media outlets have been subjected to politically instigated attacks.

In over 70 interviews held with journalists around the country since July, the HRO documented a nearly unanimous tendency to self-censor due to fear of retaliation or attack. The result of this chilling effect is a shrinking space for public dialogue, critical opinion, and healthy dissent.

UNAMI HRO Actions to Protect Journalists and Freedom of Expression in Iraq

In order to counter threats to journalists’ safety, and to encourage an enabling environment and network among journalists, bloggers, activists, and human rights defenders, the UNAMI HRO engages in proactive freedom of expression programming. In 2022:

• The HRO has partnered with the Iraqi Women Journalist Forum to conduct 10 roundtables over the past two months, with female journalists, bloggers and writers from around the country to better understand their needs and challenges with regards to their profession. Nearly all sessions highlighted the challenges faced by women working in a male-dominated field, including lack of societal acceptance, stigma, constraints related to their ability to express themselves freely in privately owned media, and increased threats to their safety when reporting on sensitive topics deemed controversial, including corruption, violence against women, demonstrations and politics.
• Recognizing that many threats against journalists and activists occur online, HRO and its partner INSM for Digital Rights released the “Online Protection and Digital Security: User Guide for Human Rights Defenders” aimed at providing concrete tools and strategies for journalists, activists and human rights defenders to better protect themselves online and reduce offline safety consequences resulting from cyber-attacks. The guide is available in English, Arabic and Kurdish here.
• HRO and INSM for Digital Rights have also delivered hands-on practical training on digital security for over 230 journalists, activists and human rights defenders Iraq-wide since 2021. A further 25 civil society organizations have received tailor-made digital security assessments to improve their defenses against hacking or data breaches, and a real-time digital help desk was established to assist individuals facing critical digital security situations.
• This year, the HRO has also worked closely with the Iraqi Bar Association to build the capacity of pro bono lawyers working on freedom of expression cases, including those defending journalists or seeking accountability for crimes against them.

Background

The United Nations General Assembly proclaimed 2 November as the ‘International Day to End Impunity for Crimes against Journalists’ in General Assembly Resolution A/RES/68/163. The Resolution urged Member States to implement definite measures countering the present culture of impunity. The date was chosen in commemoration of the assassination of two French journalists in Mali on 2 November 2013.

This landmark resolution condemns all attacks and violence against journalists and media workers. It also urges Member States to do their utmost to prevent violence against journalists and media workers, to ensure accountability, bring to justice perpetrators of crimes against journalists and media workers, and ensure that victims have access to appropriate remedies. It further calls upon States to promote a safe and enabling environment for journalists to perform their work independently and without undue interference.