Freedom . Possibility . Solidarity
Iraqi Journalists Federation
Draft of fundamental Bill And Bylaw
Announced in the national conference for Iraqi journalists
23 December 2004
FIRST SECTION:-
IN THE JOURNALISM FREEDOM
Article One:
The journalism is a public authority, which raises a message of freely and independence that improve the freedom of thought , conception , publishing , expressing and the rights , contact , and getting correct information and published its and exchanging , as basic rights for the procedure of society establishments through the expressing the conception of the critic , publish the news or information under the authority of observation of constitution law with regarding essential elements of society and respect the rights of other and there freedoms.
The freedom of conception and opining had been guaranteed for each one; and the journalists have the rights to expresses his opinion by several ways speech and writing record , draw up , and all expressing facilities .
Article Two:
The freedom of journalism includes the following:-
1. Right of issue the newspapers.
2. Give the citizen a chance to publish their opinion freely.
3. Journalist’s right to get information from the various sources, analyze, publish, and comment according to law limits with keeping on values of society and national security.
4. Journalist’s right to keep on the secret of information sources.
5. Opinion and express freedom with out any prevents except with what opposite with the security situation in a democracy society.
Article Three:
Prevent the pre or censorship on the newspaper and the newspaper confiscated by the administrative ways by closing, paralyze, cancel, or hang it’s with out punished legally.
CHPTER ONE:-
THE JOURNAL OWNERSHIP AND ITS ISSUING
Article Four:
The rights of the journal ownership and issuing are related to the natural personal, and also the person of the general consideration of the whole citizen.
Article Five:
Who want to issue a newspaper must inform the concerned administrative authority (written inform ) and the administrative office must replay on that request in case of acceptance or refusal within 30 days from the date of receipting , otherwise it is considered acceptance
In case of the case of refuse the administrative authority , must inform written the demander of his note and rise a legal claim to support the abjection on the journal issuing in front of the concerned court within 30 days.
Article Six
The government should not share by capital more than one quarter of any journal except the professional booklets, scientific issues.
CHAPTER TWO:
JOURNALISTS FREEDOM:
Article Seven:
Journalists are independence, not control upon their work except law, moral principles.
Article Eight:
It is prohibit to threaten the journal security because of his job ,and it is especially consider one of the following:-
A. Exposing the journalist to any pression or obligation physically or psychological in order to effect on his concepts.
B. Compulsion the journalists in order to get him to reveal the sources of information even that were in criminal interrogation.
C. Arrest the journalists, detained him or determine his freedom in any way due to his job .
D. Prevent the journalist to performing his work, written, or publish with out requisites with the obligation in the power of the chief editor in deciding what is important to be issue.
E. Transform the journalist to another job wherever inside the newspaper he worked in or outside , or transform him to another journalistice job have less financial degree or transform him to another job with out his approval.
F. Depriving the journalist (with out legal reason) from any financial merit pre decided for him including promotion awards.
G. The journalist should not be exposing to any procedure that touch his security and ask for a legal support.
Article Nine:
The journalists should not be exposed to any punishment due to his job, unless when violating law or the professional traditional mentioned in the honor document.
Article Ten:
The journalists have the right to get information , statistic , or data from any privet or governmental side and he have the right to issue its , also he have the right to be aware of all the official document , and received answer from the government about the information .
It is not allowed to impose conditions about the freedom of information’s current ,except in condition of the necessary for the national security or what prevent the equivalent of chance the different journal and media in getting information , and he does not active this conditions just after publish and approved its .
Article Eleven:
The journalist have a right , within the limits of his job , to attend the general assemblies , the court session , parliament sessions for the local and general association , union and clubs …. Etc unless they are closed sessions according to law .
Those whom delay the journalist work are punishment and paralyze.
Article Twelve:
Conscience condition:
The journalists have the right to end up his work contract in the newspaper according to his single will , with right to be compensated if there was a great chance in the policy of the journal .
Article Thirteen:
Each newspaper has a chief editor official supervise actually on what actually published in it , and number of editor each one supervise about one every department.
The chief editor should restrict in workers schedule in the or the Iraqi journalist federation and not sentenced in any crime before.
The publisher of the periodical issue and professional booklet are exception of the conditions above.
CHAPTER THREE
THE JOURNAL RESPONSIBILITIES.
Article Fourteen:
The journalists is restrict by what her published with respect the constitution and law regarding in his work all the necessities of honor , truthfulness , and the profession ethics by what respect the values of the society , refine from supporting discrimination , extremism and the violation of human rights or insulation of any religion or inviting to hated or doubted the belief of other.
Article Fifteen:
The journalists does not exposed to the privet life of the citizens.
However, the criticisms of the official and editors or those who worked in the official office are permissible as long as it aims the common advantage.
Article Sixteen:
For the replay right, the chief editor must issue upon the basic of the concerned demand to correct what have been mentioned in the comment.
The correction must be issue within three days after it received or at most in the first next issue at the same position with same letter size in which the article had written, the correct must be free of charge, if it not surpasses the real position.
Article Seventeen:
Correction may not issue if in the following cases:-
1. If the newspaper received the correction after 30 days of the article issuance date.
2. If the newspaper had been corrected in the same sense the event or statements of the article.
3. If the correction edit in a different languages of the article, news or the journal material, the correction prevent if relate with crime or immoral behaviors.
Article Eighteen:
The correction editing is considered as the rightful compensation of the damage caused by the concerned article.
Article Nineteen:
The newspaper is regard as responsible with cooperation of the editors on what they are obligate.
Article Twenty:
The newspaper is banned from talking what the authorities assume have or the journal issue in process and it is oblige to not outline the crime new and not mention names and photo of the detainees in the cases of adultness.
Article Twenty One:
Newspaper must not issue what is going on in the claims which are judged in the public sessions in courts with opposite the truth.
Article twenty Two:
Newspaper must not publish what is going inside the secret sessions of the parliament or what is in contract with the truth of public one.
Article Twenty Three:
It is prohibit for any journal to issue any advertisement that contradicts with social values, basic and general principles.
Article Twenty Four:
The journalists are preventing to bring up any advertisement or editing its in front of any direct or indirect cashes or self advantages of referring.
CHPTER FOUR
THE RESPONSIBILITY OF THE PUBLISHING CRIMES
Article Twenty Five:
The right of criticism and opinion are granted no crime if the journalist issues something in good intention by what he think that it is right just to be on one guard. The claimer of the untruthfulness of the article must have proof and evidence.
Article Twenty Six:
All the sanctions that restrictive the freedom may be cancel by the newspaper to provide for law and to satisfy oneself with mulct with concerning the doubling the minimum and maximum limits for mulct.
Article Twenty Seven:
The criminal possibilities about the publish crime is a personal possibility and the chief in editor have no asked criminally just if there is a sign prove his agreement.
Article Twenty Eight:
The information documents and data in the journalist passion does not use as a sign against him in any criminal investigation.
It is not permit to inspection the journalist bureau just after notify the syndicate with presence whom represent the syndicate so that inspection does not exceed the document related by the complaint.
CHAPTER FIVE
INVISTIGATION AND PUBLIC LAWSUITES:
Article Twenty Nine:
Court of cassation constructs an investigation session to investigate by the public crimes. That session consist of three court members chosen by the general meeting annually by lot direct by the oldest one.
It have a technical secretarial consist of a number of member , this especially by investigation according to a demand present by the prosecution or whom related with published crimes , also this session is the unique authority to revival of action against the journalist due to his job.
Article Thirty:
The normal court especially in the crimes to commit by publish
Article Thirty One:
No wording to taken into consideration conflict with law above.
SECOND SECTION
JOURNAL COVENANT AND PROFISSIONAL MORALITY
CHAPTER ONE:
THE JOURNAL HONOR COVENANT:
The slogan of federation based on two principles that are: freedom and possibility that incorporate the journalist believe by there stubborn defense about freedom does not mean omission about the dangerous about the possibilities that they carried a long jobs years.
They agreed that the professional morality part and parcel of freedom.
The journalists observed by the morality and believe that journal is a serve for public at first , and there confidence is much expensive than what the journalist spire for , so they edited a covenant collect the journal stuff of the following :-
A- The journalists observation by respect the privet life for citizen and prevent any think may harm there reputation and don’t publish the family secretes and individuals.
B- The journal message is sacrosanct :
Does not submit to opportunist, extortion, libel, slander, or personal advantages.
C- The journal message required for objectivity and insurance of information credibility before publish; and journalist must observe by the legitimate way to obtain the information and correct what published of wrong news.
D- The colleagues in the journal stuff have a right based on job morality defense and discover whom use there writes for the personal advantages, libel, falsehood, fabrication, or describe the crime by the away encourage to do it.
E- The journalists observe by support the judge and dose partiality to a side rather than other if there is no finally judge yet.
F- Journalists observe by the publish literary rights and prevent quote any part or paragraph from another just after a permission.
G- Journalists must swear by below:
“I swear by the craft honor to do my job with faithfulness and serve about the job secrets, respect the law and traditional and defense on it’s”.
I- it is necessary to explain the difference between the opinion and advertisements, there is no idea and politic theory in an additional frame, it is necessary to announce in the newspaper and magazine.
Prohibit to edit the politic advertisements present by the foreign association just after checking that it is a greed with the national politic with publish costs like the national prices in order to avoid the indirect financial supply from foreign state.
CHPTER TWO
PRINCIPLES OF JOURNAL WORK
First Principles:
Citizen Right by True Media:-
The persons and all people have a right to get on an objective view for truth through the media; however they have a right to express freely about them self by different communication and cultures.
Second Principles:
Journalist Faithful for the Objective Truth:-
The basic duty for journalist is people serve by the true media and confident through his faithfulness for true that push him to hold the truth referring to the basic principles with out deformation.
Third Principles:
Society Possibility of the journalist:-
The media in journal is a public advantages that is mean the journalist is shared by the media possibility and that is not mean the media may penalty the possible about the media association only but the public too in different social advantages.
Fourth Principles:
The Journalist Professional Faithfulness:-
The journalist social role needs to keep on a high level of faithfulness like abstention right on job against his satisfaction or divulgence about information sources.
The faithfulness does not accept by any kind of bride , or humor for self advantages ; as well as the authority ownership in one professional morality.
Fifth Principles:
Spectators Knowledge and There Participation:-
The craft nature required from the journalist to provide the spectators knowledge of the information and participation in the media mean including his rights to correct the information.
Sixth Principles:
The Respect of the Personal Affaires and Human Dignity:-
It is a part and parcel of the journal craft principles which is the journalist respects the individual secrets according to the international laws.
Seventh Principles:
Respect of the Common Intents:-
The principles required to respect the society and its democratic institution and its values.
Eighth Principles:
Confirm the media woman role:-
Because the active role of the Iraqi media woman by built the societies in general and the Iraqi one in special; through her politic and social struggle , definitely to work in order to take her position in the media work field and satisfy the equality with man in all fields like the leader positions in the trade work and syndicate organizations and confirm her role in the Iraqi journalists federation.
Ninth Principles:
Respect the international values and cultures difference :-
The real journalist defense on the human international values first of all peace, democracy, human rights, progress, and freedom , also respect the distinctive identity of each culture and its position as well as the people right to choose (freely) the politic , culture, economic regime .
The journalists also reform and democracy through creating a democratic climate that aims at peace and justice.
Tenth principles:
Termination the War and Other Huge Evil Faces Humanity:-
The moral observation by the international value push the journalist to not justify or agitate on aggressive wars , and weapon competition especially the nuclear weapons and all the type of violent and discrimination especially the ethic discrimination and the oppression, pureness, and diseases.
Eleventh Principles:
Making an International Media System:-
The modern journalist work within the frame of movement aims to creating a new international relation in general, and new international media system in special.
This new system intend to be a part of new economic system aims to the termination of the domination in the field of media and freedom based on live in peace in the world , also the journalist have special obligation for the enhancing the democracy on the international relationships in the field of media.
THIRD SECTION
THE ASSOCIATIVE ORGANIZATIONS
Article One:
The Iraqi journalists federation in the republic of Iraq , are establish with it abstract personality , the head quarter in Baghdad and there is a right to open a new branches in the other governorates when it possible.
Article Two:
CHAPTER ONE:-
Definitions:
The following concepts are meant to be:
1- Journalist: Who take the write as their profession in journalism, this term include the gender.
2- Journalism: it is one work in the audible, vision, and readable and electronic media as well as the satellite.
3- The journal position: include the work fields below:-
a- The journal institute chairman.
b- The newspaper or magazine owner.
c- The editor chief.
d- The editor direction.
e- The deputy editor.
f- The editor assistants.
g- The editor secretary.
h- The department chief.
i- Class chief.
j- Editors.
k- Translators.
l- Delegation.
m- Co responders.
n- Auditor.
o- Write and preparers.
p- Essay writer.
q- Internet searcher.
r- Journal photographer.
s- The director or designer.
t- Journal hand writer.
u- The linguist corrector.
v- Painter.
w- Archive organizer.
x- Assistant designer.
The executive bureau has right to add new titles according to the development of the professional.
CHAPTER TWO
MEANS AND OBJECTIVES:
Article three:
The federation Aims to:-
1- Working to achieve the constitution concept which state:-
“The Iraq is a Federal Re public and the Arab citizen in Iraq is a part of the Arab nation and the (Arab, Kurds, Kildo Ashor, Turkman and others are partners in this country ”
2- Supporting the struggle of the Arab nation against imperialism, Zionist, and the dictatorship regimes.
3- Enhancing the spirit of brotherhood among the whole citizen from different nation, religions, and believe.
4- Supporting and struggling with all the movement aims to freedom, democracy, and independence.
5- Standing against aggression and fighting Zionist, separately, ethics, and terrorism.
6- Defending on the journal freedom, journalist right, and providing protection for the journalism to express on it message.
7- Fighting the journal corruption on the hand of the direct government and the effect of the companies.
8- Fighting the news creation, misguidance, making false news, and publish its.
9- Fighting the editing of any article or essay for the protection of the profession ethics.
10- Helping the free journalist to travel among the Arab countries.
11- Helping the assistance the in need members of the union with the sufficient amounts.
12- Providing residence, possession of land for the members and reduction from the final price.
13- Provide life insurance of members.
14- working to rise the journalist level of journalism in closing to that in the development countries ,establish publish house, providing paper and other printing requirements.
15- Working for found new agencies and television channels, and radio station with the cooperation of the government institute.
16- Working for establish company or publish bureau.
17- Working to establish cooperation relate with the journal and journalist in the Arab and Foreign countries.
18- Working with agreement with the Arab and foreign organizations and committees.
19- Working to establish institute for the training of the journalist artistic and giving courses.
CHAPTER THREE
THE MEMBERSHIP AND ITS CONDITIOS:
Article four:
The relative of the federation are classified into four divisions:-
1- The employed journalists.
2- The trained journalists.
3- The participants journalists.
4- The retired journalists.
Article Five:
The Employed Journalist:
Who employed in journalism or news agency actually and take it as a major career and passed two years on his job start.
Article Six:
The Trained Journalist:
a- The trained journalist is that who make the audible, vision, and readable journalism or in the news agency as a major job, and does not get the membership in the federation before two continuous years.
b- The period of training is one year for the graduated of journalism department or and six months to that whom have a higher degree.
Article Seven:
The Participant Journalist:
Those who participate journalism without taking it as a main duty in the similar media field for the journal work, given membership without enjoying the position of the worker journalist.
The Participant Journalist may be invited for the discussions of the general committee with out having the right to vote.
Article Eight:
The related journalist:
a- Since journalist associative membership is the symbol of the journalist belongingness, his retirement from the work does not prevent him being a member.
b- He has the right of vote and nomination to use his experiences.
Article Nine:
The Membership Condition:
1- Iraqi, 18 years old, not sentenced in any accusation or a detained.
2- Good reputation and good conduct.
3- Present a certificate from the journal owner or the office in which he worked.
4- The membership is through a written request present to the executive bureau attached by belongingness from and within 40 years. In case of the bureau, refuse the request.
5- If the bureau refuses the joining form, the demander has the right to object within 3 days from result.
6- The Arab journalist has the right to join the federation.
Article Ten:
There is no relation to the union by the policy of each newspaper to treatment the general problems.
CHAPTER FOUR
THE JOURNALISTS’S RIGHTS, DUTIES, AND JOB CONTRACT:
Article Eleven:
The relation between the journalist and the newspaper organize by a job contract include the salary, promotion, awards, vacation, motherhood, and other works, as well as the problems solutions ways.
Article Twelve:
The executive bureau prepare a sample of the work contract and give him a copy of it after signed it , this contract will be dependence by the job elements and the official institutes.
Article thirteen:
The executive bureau nominate whom will represent in the head quarters boards and the journal establishments.
Article Fourteen:
In all cases, the federation represented in any journal and media establishment and the main duty is supervise about the right application of the job contracts in that establishment and raise periodical reports to the executive bureau.
Article Fifteen:
The establishments and the media institute must provide the executive bureau by the administrative orders specialist by the journalists and the annual stuff.
Article Sixteen:
The work period in journal is considered as an application of service law in other job.
CHAPTER FIVE:
FORMATION AND MEETINGS:-
Article seventeen:
The union consists of the following:-
1- Plenary session.
2- Executive bureau.
3- Central consult.
4- Discipline committee.
5- Surveillance committee.
6- Union branches in the states.
7- Specialist conformation and organization.
Article eighteen:-
1- The Executive bureau consists of 15 persons elected by the plenary session each three years in the election conference.
2- The executive bureau elect from the members a head, three deputies, secretary-general, and treasurer.
3- The head must have experience for not less than 15 years and doesn’t elect for two successive election period.
4- The deputies must have an experience for not less than 10 years.
5- The executive bureau must have an experience not less than 7 years.
Article nineteen:-
1- The central consult consist of 15 member chose by the executive bureau from the trade organization represents and the federation heads.
2- The executive bureau have the right to join to the membership of the central consult some of chiefs in editor and law professional if need be.
3- The central consult member must have an experience not less than 5 years.
4- The executive bureau meet each month (at least) and there is a meeting for the central consult and executive bureau each three months, it is consider as union council.
Article twenty:-
The executive bureau the right to forming the branches and committee to satisfy the objectives.
Article twenty one:-
Plenary session:-
1-The Plenary session is the highest authority in the federation, it collect all the working journalists and those belong to the federation.
It held a general and ordinary meeting by an invitation of the federation head or the executive bureau in the first week of January each three years to elect the executive bureau, the quorum complete when two third of plenary session members present, if the quorum doesn’t complete, the election done after one week of the first date whatever the number of members.
2- If the plenary session doesn’t invited by the head or the executive bureau, then the session have the right to meet in the fifth day of January in the federation H.Q. to elect the new executive bureau.
3- The decisions of the plenary session deliver with the majority of voices.
4- The member has no right to partipate in the plenary session just after payment all the monthly share to the union.
5- it is possible to invite the plenary session for an urgent meeting by an invitation of the head with a decision from the executive bureau provided that the reasons of this meeting.
6- For one third of members a right to held an unordinary meeting after providing a written request for the executive bureau, and the bureau must repeat on the request during 15 days , and the meeting must held after 30 days of invitation date.
Article twenty two:-
Session duties:
1- Elect the executive bureau under supervise of the judge.
2- Budget certification.
3- Discuss the annual report, federation affairs, statement of account, and recommendations.
4- Discuss the executive bureau about union law modifications and the internal regime before present its to the specialist directions.
5- The plenary session (only) have the right to dissolution the union with a decision of two third of members, and transfer all the movable and immovable money to the journalists retirement coffers.
Article twenty three:-
The executive bureau elected by the secrete majority vote.
Article twenty four:-
The plenary have no right to abandon on all or part of duties to any direction whatever the reasons.
Article twenty five:-
The plenary session held each year a deliberation meeting and an elect meeting each three years.
Article twenty six:-
The executive bureau specialists:-
1- work to satisfy the federation objectives.
2- Present the suggestions for the federation law modifications and internal regime.
3- Run the plenary session decisions and recommendations.
4- Employ the federation users and there salary.
5- Looking by the employment applications.
6- Chose who represent the federation in the official committee in case of head absence.
7- Referring the complaint and lawsuits to the special committees.
8- Establish the federation branches in the states accept the capital Baghdad.
9- Decision by the head and members resignation or any other formations.
10- Employ a comptroller for the annual audit.
11- Recognize the annual budget and it certification.
12- Employ the branches represent in the states.
13- Recognize the election document and supervise about the election according to the law.
14- Issue the instructions compare with this law and the internal law.
15- Right of financial lending for the federation benefits.
16- Establish the union clubs for the journalists according to the law of clubs and cooperative.
17- Establish the cooperatives for house building.
18- Recognize the documents and certificate to improve the journalism and retirement.
19- Solve the disagreements between the journalists due to the journalism work include complaints, vacations, work hours, compensation, and social insurance according to the law.
CHAPTER SIX:-
DISCIPLINE PROVISIONS
Article twenty seven:-
1- The commission of discipline consists of five fundamental members with two reserves.
2- The head of commission who hold major voices.
Article twenty eight:-
1- The discipline commission looking in the complaints transferee by the executive bureau.
2- The commission must transfer the criminal lawsuits to the court.
Article twenty nine:-
Penalties:-
Executive bureau have the right to direct following penalties by a recommendations from the discipline commission:-
1- Attentions:- it will be by a formal address direct to the member for un repetition.
2- Forewarning:- it will be by a formal address.
3- Prohibitation :- the member prohibit on his right to work for period dose not exceed six months.
4- Discharge :- from union membership.
Article thirteen:-
Veto right about the executive bureau or discipline commission decisions at the specialist court during thirty days from date of notification.
Article thirty one:-
The member’s name will delete in case of pronouncement of him by present, felony, or misdemeanor.
Article thirty two:-
It is not permissive to re registration the member just after rehabilitation.
Control commission:-
1-The commission of discipline consists of five fundamental members with two reserves.
2-The head of commission who hold major voices.
Article thirty four:-
1- The control commission reviews the executive decisions referring by the internal law and plenary session recommendations.
2- The control commission must present the notes to the executive bureau during thirty days of decisions.
CHAPTER SEVEN:-
FINANCING:-
Article thirty five:-
The union finances consist of the following:-
1- Belonging fees of members determined by executive bureau.
2- Monthly share fees to the member determined by executive bureau.
3- Revenue of the union parties.
4- Projects benefits.
5- Benefits of union issued.
6- Contributions.
Article thirty one:-
The money are to deposit in one of the Iraqi banks, the orders will signing by the head or who to represent.
FOURTH SECTION
JOURNALISTS RETIREMENT:-
Article thirty seven:-
The journalists worked in the privet and official sector have benefit of the retirement rights recommended in the law of journalists retirement for salaries determination.
Article thirty eight:-
The journalist’s retirement treasuries correlate by the ministry of treasury and the unions represent in the commission direct its affairs.
Article thirty nine:-
The ministry of treasures assume by the journalist’s retirement law modify with what suit with the economic condition in the country.
Article fourty:-
The retirement journalists have all the right as same as the other state retirements.