Last week the Iraqi parliament passed a new law governing the work of NGOs and civil society. It was the third draft of the law after a process of re-drafting and improvement following the rejection of the law’s first draft by NGOs and specialists on NGO law. Niqash met with Jamal al-Juwaihiri from the board of al-Amal, an Iraqi volunteer organisation, when he recently visited Jordan.

Niqash: How was Iraqi al-Amal association involved in the process of developing the draft and securing its ratification?

Jamal: The al-Amal association believes in a fair law for NGOs as a base for sustainable humanitarian interventions and activity. Our association attempted to gain knowledge of regional and international best practice in order to contribute to the legislation. We used the contacts we have within NGOs, civil society organisations, parliament and government to secure its passage.

Niqash: Which other Iraqi actors were involved?

Ala al-Talabani [head of the civil society committee in the Iraqi parliament] was vital to the advocacy process, listening to the concerns of NGOs and making sure these were addressed. Sami Shaafi from Dar al-Salam invested a lot of time and effort with the media and the Iraqi parliament and Mrs. Tamim al-Azzawi, head of the integrity commission, was also important.

Niqash: How about international participation in the process?

The Heinrich Bell foundation initially taught us about the relevant legal concepts and legal language during a workshop in Beirut in 2004. The Lebanese MP Ghassan al-Akhader made an important contribution too, as did the international centre for not-for-profit law (INCL) the Arab NGO network for development (ANND) and UNOPS.

Niqash: Many involved in humanitarian action in Iraq are saying this draft is a considerable improvement on the first two but how exactly is it better?

Jamal: The most important change is that NGOs now have the right to accept international grants and funding without prior agreement from the government but there are many other advantages, too. For example, when NGOs register now they will be given certification for an unlimited period. Previously, registration was only valid for a limited period of a year or two years, necessitating a costly and laborious process of re-registering. NGOs are now free to concentrate on other projects, allowing them to have long-term agreements with international organizations and development agencies and allow them to run long-term projects. Foreigners now have the right to be part of NGOs and internationals with residency in Iraq can form them themselves. Youths under 18 years of age now have the right to belong to organisations and attend meetings, even though they cannot vote. NGOs can establish branches, both inside and outside Iraq, without the prior agreement of the directorate. They have the right to own, buy and rent property. They have the right to be part of networks. The NGO directorate cannot reject applications for registration for reasons not described in this particular item of legislation and the closure of an NGO is now an issue courts decide on, not the government. Small NGOs with a budget of less than IQD75 million (US$65,000) will not have to provide audits.

Niqash: How will the law enable the development of humanitarian action and civil society in Iraq?

Jamal: The law gives NGOs freedom and independence. It allows them to have relationships with internationals, donors, the government, the private sector and the local community.

Niqash: How does the legislation compare to other NGO laws in the region?

It is the best in any country in the region except Lebanon.

Niqash: What are your predictions for humanitarian work in Iraq in 2010?

There is always room for improvement, we have to build strong and sustainable organisations. It is not just the concern of Iraqis, we need the international community to be involved.

Niqash: What was the role played by the media in securing the passage of the law?

It was important to have media support, they – especially al-Sabah [the official government newspaper] – helped by publishing high-profile articles and interviews which illustrated that the un-amended version of the law was a danger to democracy. We also used satellite channels – especially al-Hurra – to good effect by using them to point out the positive side of NGO work.

Niqash: Any final comments?

The job is not finished yet. We have to lobby for acceptance at the level of the presidential council and with the current presidential council we have a good chance of getting the bill ratified.



Jamal al-Jawahiri is part of Iraqi al-Amal association. Iraqi al-Amal is a non-political, non-sectarian and non profit association of volunteers actively engaged in projects for the benefit and well being of the Iraqi population regardless of race, gender and political or religious affiliation. Read his paper on civil society and reconciliation in Iraq presented at an NCCI/UNDP conference

here

NCCI is the NGO coordination committee for Iraq – a platform for humanitarian action in Iraq.