Iraq’s Protest Ban Is an Arbitrary Measure That Undermines the Right to Peaceful Assembly

HuMENA for Human Rights and Civic Engagement expresses its deep concern and strong condemnation of the Iraqi Ministry of Interior’s decision to ban all forms of peaceful protest in Baghdad from 11 to 20 May 2025, coinciding with the Arab League Summit.

This decision, which has already been implemented and was accompanied by explicit threats of arrest against anyone participating in demonstrations, constitutes a serious violation of both the Iraqi Constitution and Iraq’s obligations under international law. Article 38 of the Iraqi Constitution explicitly guarantees the right to peaceful assembly and protest. Likewise, the International Covenant on Civil and Political Rights (ICCPR), to which Iraq is a party, affirms that restrictions on peaceful assembly must meet strict standards of legality, necessity, and proportionality in a democratic society.

The ban was not based on any specific legal provision or declared state of emergency. Rather, it was issued administratively without judicial oversight and in sweeping terms that contradict the foundational principles of constitutional law and best practices in regulating public gatherings. Invoking “security” as a justification for a pre-emptive and indiscriminate restriction on such a fundamental right, without case-by-case assessment, represents a troubling departure from the rule of law and significantly erodes public trust in state institutions’ ability to uphold and regulate rights fairly.

The timing and context of this decision are equally troubling. Instead of using Iraq’s hosting of the Arab League Summit as an opportunity to demonstrate a commitment to human rights standards, the authorities chose to shut down civic space and suppress citizens’ voices. This sends a negative message both domestically and internationally: that public visibility takes precedence over public rights. In reality, safeguarding fundamental rights is not incompatible with managing high-level events; on the contrary, it reflects a mature state capable of embracing diversity and dissent.

This development is even more serious because it reflects a broader pattern of restrictions on civic space in Iraq. The protest ban did not occur in isolation; it follows years of escalating constraints on political and media freedoms, increased reliance on security tools to manage public life, and continued legal and physical intimidation of journalists, activists, and human rights defenders. This growing trend suggests institutional fragility and a lack of political will to protect the fundamental freedoms enshrined in the constitution.

We also warn of the cumulative impact of such measures on public legitimacy and the prospects for democratic recovery. Suppressing peaceful avenues for public expression deepens social discontent and may pave the way for more destabilizing alternatives. Democratic governance requires active and protected civic participation, not its criminalization.

Criminalizing peaceful protest, even temporarily, does not create stability, nor does it address grievances. Instead, it institutionalizes authoritarian governance models and diminishes opportunities for constructive engagement. The current ban aligns with a longer trajectory of suppressing freedoms in Iraq, from the violent repression of the October 2019 protests to the ongoing impunity for excessive use of force, and to a persistent narrowing of the space for dissent and accountability.

HuMENA reminds all relevant actors that the right to peaceful assembly is not just a part of free expression, but a fundamental democratic mechanism for political participation and public oversight. Undermining this right is a direct attack on civic participation and democratic reform.

We urge the Iraqi authorities to seriously consider the implications of this approach and commit to non-repetition. A genuine national dialogue is essential on regulating public gatherings in a manner that respects the Iraqi Constitution and Iraq’s international obligations, not bypassing them. Such a dialogue must lead to clear legal frameworks that guarantee this right and protect peaceful demonstrators from arbitrary punishment.

We express our solidarity with all those denied their right to protest during this period, and we reaffirm our commitment at HuMENA to continue monitoring and supporting civic space in Iraq. We will collaborate with local, regional, and international partners to promote rights-respecting governance and challenge policies that curtail freedoms or target those who exercise them.

Respect for rights is not a political option but a legal duty.
The right to peaceful assembly is not a privilege granted by authorities but a non-negotiable guarantee that lies at the core of any democratic society.