Advancing Human Rights and Strengthening the Rule of Law in Iraq: A Call for Reform and Accountability

The Lost Transparency in Iraq: A Record of Disappointments

Transparency is a principle based on opening information, processes, and public decisions for oversight, accountability, and participation by citizens, civil society, and the media. Transparency is considered one of the important factors for achieving sustainable development, genuine democracy, and human rights. In contrast, corruption is the exploitation of power, resources, or positions for illegal personal or collective gain. Corruption undermines transparency, trust, fairness, and opportunity in society.

According to data from reputable research and study centers, Iraq has a long record of disappointments regarding transparency, due to the widespread corruption prevalent in most state institutions.

Level of Corruption in Iraq

Iraq is considered one of the most corrupt countries in the world, ranking 157 out of 180 countries in the 2021 Corruption Perceptions Index, with a score of 21 out of 100. This indicates that Iraq lacks transparency, accountability, and integrity in managing its public affairs, with phenomena such as bribery, favoritism, waste, forgery, tax evasion, money laundering, and other illegal practices being widespread.

This also means that Iraq lags behind most countries in the region and the world in combating corruption, with Arab countries such as the UAE (24), Qatar (31), Saudi Arabia (52), Oman (56), Jordan (58), Tunisia (70), and others outperforming it. Major countries like the United States (27), China (66), and Russia (136) also surpass Iraq in this regard. Conversely, European countries such as Denmark (1), Finland (1), Norway (1), Switzerland (4), the Netherlands (6), and Germany (8) lead the list of the least corrupt countries in the world.

### Causes of Corruption in Iraq

Experts point out that several factors contribute to the high level of corruption in Iraq, including:

- Weak institutions and legislative, regulatory, and supervisory frameworks responsible for preventing, detecting, and holding corrupt individuals accountable.

- Lack of rule of law and the prevalence of a culture of impunity.

- Interventions and pressures from political, militia, and mafia groups seeking to control resources, positions, and decisions.

- Insufficient transparency, information, and reliable statistics regarding revenues, expenditures, contracts, and public projects.

- Weak participation, representation, and influence of civil society, the media, and the public in monitoring and evaluating government performance.

- Low levels of awareness, education, and sensitization regarding the dangers of corruption and ways to combat it.

Negative Effects of Corruption in Iraq

The growth of corruption in Iraq has led to several negative impacts on development and society, including:

- Decline in economic, social, and environmental growth.

- Increase in poverty, unemployment, marginalization, and discrimination.

- Deterioration of essential services such as education, health, electricity, and water.

- Loss of investment opportunities and collaboration with other countries.

- Rise in violence, terrorism, extremism, and division.

- Decreased trust among citizens and between them and institutions.

Efforts to Combat Corruption in Iraq

Despite the severity of corruption in Iraq, there are some efforts made by the government and local and international partners to mitigate this phenomenon, including:

- Signing a new memorandum of understanding between the United Nations Development Programme in Iraq and the Prime Minister’s Office to enhance transparency, accountability, and integrity in combating corruption.

- Iraq's commitment to the principles of the Extractive Industries Transparency Initiative (EITI), aimed at increasing accountability in resource extraction sectors.

- Issuing a law for the recovery of state funds from corrupt individuals, aimed at recovering amounts that were embezzled, wasted, or manipulated by officials.

- Forming special committees to investigate major corruption cases.

However, these efforts still face several challenges, including:

- Inefficiency, lack of independence, or integrity of some institutions responsible for combating corruption, such as the Integrity Commission, inspectors general, the judiciary, and security agencies.

- Failure to apply, implement, or follow up on some laws, policies, and procedures related to combating corruption, such as the law on illicit enrichment and the law protecting witnesses, experts, and whistleblowers.

- Lack of cooperation, coordination, or information sharing among various entities involved in combating corruption, whether at the central, local, or regional level.

- Absence of effective mechanisms for oversight, evaluation, and reporting on the performance of institutions in combating corruption, whether by parliament, civil society, the media, or donors.

- Lack of culture, desire, or motivation to report corruption cases or confront them by public employees or citizens, due to fear of threats, intimidation, or job loss.

Based on the above, experts believe that the reality of transparency in Iraq can be improved by taking some urgent steps, including:

- Strengthening structural, functional, and financial reforms for institutions specialized in combating corruption, providing necessary support, training, and resources.

- Implementing, applying, and monitoring laws, policies, and procedures related to combating corruption, reviewing and updating them periodically.

- Improving cooperation, coordination, and information exchange among various entities involved in combating corruption, whether at the central, local, or regional level.

- Establishing effective mechanisms for oversight, evaluation, and reporting on the performance of institutions in combating corruption, whether by parliament, civil society, the media, or donors.

- Raising awareness, education, and sensitization about the dangers of corruption and ways to confront it among public employees and citizens, encouraging them to report or confront corruption cases.

Human Rights Perspective

Challenges

1. Human Rights Violations:

- Corruption often leads to widespread human rights abuses, including unlawful detentions, torture, and extrajudicial killings, particularly against those who speak out against corrupt practices.

2. Marginalization of Vulnerable Groups:

- Corruption exacerbates inequalities, leaving marginalized communities without access to essential services and protections, undermining their rights.

3. Erosion of Trust in Institutions:

- The prevalence of corruption diminishes public trust in government institutions, making it difficult for citizens to seek justice or hold authorities accountable.

Rule of Law Perspective

Challenges

1. Weak Legal Framework:

- The lack of a robust legal framework to combat corruption undermines the rule of law, making it difficult to prosecute offenders effectively.

2. Impunity:

- Corruption often goes unpunished, leading to a culture of impunity where those in power can evade justice, further eroding the rule of law.

3. Ineffective Judicial System:

- An inefficient and corrupt judicial system hampers the ability to enforce laws and hold corrupt individuals accountable, undermining public confidence in legal processes.

Suggested Solutions

1. Strengthening Legal Frameworks:

- Develop and implement comprehensive anti-corruption laws that ensure accountability and transparency, with clearly defined penalties for violations.

2. Establishing Independent Anti-Corruption Bodies:

- Create independent agencies tasked with investigating and prosecuting corruption cases, free from political interference, to enhance accountability.

3. Promoting Transparency and Accountability:

- Implement measures such as open data initiatives, public reporting on government spending, and citizen oversight mechanisms to increase transparency in public affairs.

4. Enhancing Civil Society Engagement:

- Encourage the active participation of civil society organizations in monitoring government actions and advocating for human rights and the rule of law.

5. Judicial Reform:

- Reform the judicial system to ensure independence, efficiency, and integrity, with training programs focused on human rights and anti-corruption measures.

6. Public Awareness Campaigns:

- Launch campaigns to educate citizens about their rights, the impacts of corruption, and ways to report corruption without fear of retaliation.

7. International Cooperation:

- Collaborate with international organizations to adopt best practices in anti-corruption strategies and human rights protections, enhancing local capacities.

8. Whistleblower Protection:

- Establish robust legal protections for whistleblowers to encourage reporting of corruption without fear of reprisal, ensuring their safety and security.

By addressing these challenges and implementing these solutions, Iraq can work towards improving human rights, strengthening the rule of law, and combating corruption effectively.