Iraq’s NGO law: rare victory for Arab civil society

Despite the severe challenges it faces, Iraq is better poised than any other Arab state to provide a model of a decently functioning democratic polity for the Middle East, argues Larry Diamond.

“Were Iraq to progress politically, first by democratically electing a new government this year and then by having it function decently and peacefully as U.S. forces withdraw, that could gradually change perceptions in the region,” he writes in the latest issue of the Journal of Democracy.

Notwithstanding the current controversy over banned election candidates, the country took a major step toward that status this week by passing a new and notably liberal Law on Non-Governmental Organizations. The new law needs the final signature of Iraqi President Jalal Talabani, but is expected to pass.

The law was amended following intensive lobbying by Iraqi NGOs, with grantees of the National Endowment for Democracy playing a prominent role through the Iraq NGO Law Reform Coalition.

The passage of the law is a relatively rare victory for democracy advocates in a region marked by a continuing democratic deficit and diminishing political space for independent civil society actors.

The International Center for Not-For-Profit Law, the international not-for-profit that works to promote an enabling legal environment for civil society, freedom of association, and public participation, provided advice and technical assistance to Iraqi civil society leaders and government officials as the draft law was revised.

Among the welcome changes to the draft law secured after intensive lobbying by civil society groups, domestically and internationally, ICNL notes:

• The March 2009 draft prohibited Iraqi NGOs from receiving foreign funding or from “affiliating” with any foreign entity (including the UN, the European Commission, USAID, International Red Cross/Red Crescent, etc.) without prior approval of the government.  These provisions have been removed, thus enabling Iraqi NGOs to partner more efficiently with the international community on reconstruction and humanitarian assistance projects.
• Under the March 2009 draft, an application for registration could be rejected for any reason.  The new law requires that the denial of registration be tied to a specific provision of law.
• Criminal penalties contained in the March draft have been removed, including imprisonment for up to three years for being a member of an improperly registered NGO.
• Discretion to audit or inspect an NGO’s office is only permissible with cause, instead of at any time and for any reason as under CPA Order 45.
• Suspension of an NGO and confiscation of its property requires a court order, and can no longer be made at the discretion of government authorities as in CPA Order 45.

This ICNL table summarizes the most important provisions:

ICNL is preparing a full analysis of the new law. For a copy of the analysis, email Kareem Elbaya, ICNL’s Legal Advisor for the Middle East and North Africa at kelbayar@icnl.org.