KRG responds to Human Rights Watch report of February 10, 2013
Human Rights Watch issued a report on February 10, 2013 in which it says that free speech is under attack in Iraqi Kurdistan, a statement that we respectfully disagree with while also accepting that there are individual situations which may have been mishandled and which the KRG continues to investigate.
The Kurdistan Region is committed to the freedom of expression as a cornerstone of democracy. We recognise that our democracy is still young and imperfect but it is developing stronger credentials day by day.
HRW says in its report that officials in the Ministry of Justice and the Ministry of Endowment and Religious Affairs have sought to enforce a proposed law criminalising insult against religious and political leaders. It provides evidence of some communications by officials to support this statement. But there is no evidence, only speculation, that these individuals have been successful in their quest as the Kurdistan Parliament has so far rejected the proposed law.
The majority of people in Kurdistan, of whatever faith, are deeply devout even though we have a secular political system. Therefore a large section of the public is conservative and easily offended by what they perceive as insults against religion. This sometimes causes tensions within the system and within our society but we see it as the normal pull and push of democracy and we abide by the laws that are passed by parliament.
The report says that several journalists, critics and opposition activists have been arbitrarily arrested and at least seven of them have been prosecuted on criminal charges concerning insulting or defaming public figures.
We dispute that there are arbitrary arrests and if there is evidence of this, we are committed to investigating them.
The KRG condemns any acts of violence against journalists and media outlets and urges anyone who is attacked to take their case to the police for investigation.
There are indeed cases where journalists have faced charges of defamation. Just as the KRG, our parliament and our democratic system are young and have much to learn, so do the media. While Kurdistan is rich in having many smart, credible and professional journalists, sadly there are also some who do not abide by the ethical standards normally required of journalists nor do they conduct themselves in a professional manner, for example, some journalists do not check their sources or facts and do not allow the person they are writing about to have a proper right of reply. Corrections of erroneous reporting are almost unheard of, and stories that would be rightly called slander and libel in most developed societies are commonplace in some areas of our media.
We agree with Human Rights Watch that those in public office should tolerate a higher degree of scrutiny and criticism and indeed this is the case in Kurdistan. However, there are instances where the media have gone beyond what might be interpreted as criticism or scrutiny and people in public office have taken the decision to defend their reputations against unfair and unfounded reporting. This kind of reporting, which is truly baseless and deeply damaging, cannot be interpreted in any society as responsible journalism and public figures have the right to defend themselves against defamation and slander.
The KRG is committed to the rule of law and the protection of human rights. HRW cites the Metro Centre as having documented complaints about breaches of journalists’ rights that the authorities have not investigated. The KRG will seek to meet the Metro Centre’s officials and to respond to this charge by investigating whether the complaints are being dealt with or not. Those that are not being dealt with will be put before the relevant authority.
HRW describes the arrest and beating of protestors and journalists at a demonstration in Slemani in February 2012. It is deeply regrettable that what was a peaceful protest became violent and sadly several protestors, journalists and police officers were injured. But HRW chose not to mention the number of police officers who were hurt in the riot and that by most accounts it was the protestors themselves who initiated the violent attacks.
The KRG welcomes Human Rights Watch’s engagement and we are pleased to continue our open and cooperative relationship with the organization even if we don’t always agree with its findings. We continue to believe that the cause of human rights would be better served by a balanced approach and fair analysis. We have welcomed numerous visits by HRW representatives, provided them open access to our officials and conducted open discussions.
We welcome HRW’s advice and will study its reports carefully to see where we can make improvements in our institutions, and we will continue to welcome their teams to the Kurdistan Region.
