Invasions of Academic Freedom in the Kurdistan Region of Iraq

Dr. SHWAN ADAM AIVAS[1]

The Kurdistan Region of Iraq is not a safe or free environment, especially for students, professors, and academics. While journalists, activists, and politicians may also face oppression, the academic community encounters unique and serious risks. Civil rights and freedoms are often ignored, leaving local authorities unable to ensure the safety of educators and researchers at universities and other educational institutions. Establishing a clear framework for academic freedom is essential to protect the rights of academics and researchers in the region. Without this protection, political interference, arrests, or even violence could obstruct academic research, limit the development of higher education, and stifle scholarly progress. It is therefore crucial to establish a strong legal and institutional framework to safeguard academic work in a secure and supportive setting.

Academic Freedom in Academic Debates

Violating academic freedom is neither new nor extraordinary, but it has a longstanding history and is well-known. Defamation, in both slander and libel forms, alongside threats, physical assaults on university lecturers demanding their salaries or criticizing their actions against guidelines, laws, and administrative and academic principles, have created an environment where another group can inflict harm (Aivas, 2017 and 2014). These acts of harassment against university lecturers and academic researchers undermine academic freedom. In addition to the criminalization of disgraceful acts, hearings and penalties for offenders will follow. Another phase of these unsafe situations arose in times of war and chaos, when the judiciary became a shield for justice systems. Viewed from a different perspective, this can be seen as an increase in legal knowledge among the public. However, it also presents an opportunity to challenge academic freedom and makes it a lifestyle that opposes the lives, rights, and freedoms of those struggling—whether recognized or not. The tragic murder of two lecturers from Salahaddin University by one of their students in Erbil, the political capital of the Kurdistan Region of Iraq, in 2022, is a clear violation of academic freedom. Sadly, this tragedy has not led to real legal reforms or new laws to protect academic freedoms, nor has it resulted in accountability. Such events remind us of the importance of safeguarding academic researchers and those working within academia. As such, studying academic freedom in the Kurdistan Region of Iraq (KRG) reveals that academic staff members continue to face significant risks of violence and harassment, reflecting the lack of substantial progress in ensuring effective protections for academic freedom in the region (Akray, 2024 and Aivas, 2022). It remains crucial to continue working to protect academic freedom to ensure that teaching can proceed without fear or pressure (Ali et al; 2024). According to academic sources, academic freedom refers to the right to conduct research and publish work without interference or illogical influence from outside forces. It allows university faculty and academic institutions to pursue knowledge in a rational manner. Specifically, academic freedom is recognized as the right to engage in all aspects of knowledge creation, including choosing research topics, determining curriculum content, and sharing research findings with peers and colleagues (Qaradakhi, and Aivas. 2020). However, academic communities can sometimes act as gatekeepers of knowledge in order to maintain their influence (حسن و ادم، 2024). This is particularly true when academics explore or teach ideas that may be politically sensitive or controversial for governments or political groups. As a result, academics can become targets of public criticism, lose their jobs, face imprisonment, or even be killed. For example, in Northern Africa, a public health lecturer who uncovered that the country’s mortality rate was higher than government reports indicated lost his job and was imprisoned. In this context, Daniel Gordon’s book “What is Academic Freedom? A Century of Debate, 1915–Present examines” the ongoing debates about academic freedom from 1915 to today, focusing on its connection with political activity on university campuses. It provides an inside perspective on how research is conducted in American universities, who academics are conducting research for, and the challenges they face in maintaining the tradition of scientific inquiry. Discussions about the fundamentals of academic freedom often center on its limitations, its clash with professional models, and the radical aspects it brings to universities. Leading scholars on the topic, such as Arser Lowjoy, Angela Davis, Alexander Michaeljohn, and Edward Said, have all contributed to these debates. Additionally, key questions arise, such as the relationship between freedom of expression and academic freedom, the dangers of communism on campuses, the politically charged nature of education (indoctrination), the role of academic freedom in critical research and women’s studies, and whether academic boycotts—such as those against Israel—undermine academic freedom. The author, who examines the philosophical, political, and legal implications of these issues, explores these questions. Gordon’s book resonates with social and cultural researchers and supports those of us seeking academic independence or working within academia. It serves as an important resource for understanding the historical struggles and debates surrounding academic freedom in Europe and Eastern countries since 1915 (Gordon, 2022, Bullinger, 2023, Aivas and Abudlla 2021, Aivas, et all 2024).

Academic Freedom and Its Principles

The core principles of academic freedom for lecturers include the right to pursue research on any topic that sparks their curiosity (Zia et al: 2024). This also entails sharing their findings with students, colleagues, and others, and making research data and results accessible without interference or restrictions. Lecturers must also have the autonomy to conduct research and teach according to their professional judgment. For students, key aspects of academic freedom involve exploring subjects of personal interest and reaching independent conclusions without external limitations. From this context, we can highlight the following principles:

• The right to criticize and engage in critical thinking: This applies to everyone.
• The right to learn and teach: This encompasses learning from research outcomes and the dissemination of those findings.
• The right to challenge ideas and opinions: In this regard, academic freedom is not constrained by legal or institutional restrictions, ensuring equality in educational and research environments.
• The principle of operational freedom in educational institutions: This emphasizes the need for an open, transparent, and unbiased approach to academic work, promoting equality for everyone involved in educational settings. It also advocates for clarity regarding the foundations of academic work.
• The right to develop rankings and address legal matters: This refers to safeguarding universities’ freedom to operate within a legal framework, protecting them from legal constraints while ensuring transparency, accountability, and fairness in academic systems.

Additionally, various other rights, such as the right to participate in public policy debates, the right to protest and organize, the right to form unions and associations, and the right to engage in political movements should grant academics.

Academic Freedom and its Conferences

Efforts have been made at national, regional, and international levels to protect the rights and freedoms of academics. In 2015, an international conference was held in Tunisia focusing on university autonomy during transitional periods, with around 15 research papers presented on scientific research. For example, in 2013, Jordan hosted an academic conference to discuss academic freedom, which led to the adoption of several key resolutions, including:

• Recognition of Academic Rights and Freedoms: Ensuring that governments and universities recognize these rights and freedoms without imposing limitations.
• Protection of Academic Integrity: Establishing principles to safeguard the independence of academic activities, particularly in scientific research.
• Academic and Ethical Standards: Promoting higher scientific standards and fairness in the selection process for academic positions.
• Academic Governance: Empowering experts in the field to address and prevent corruption.
• The Right to Form Academic Unions and Organizations: Allowing academics to form groups that protect their professional security and improve labor conditions.

Representing academic rights and freedoms in the Middle East is a challenging task, as many countries in this region face difficulties in implementing international human rights agreements and democratic principles. However, in societies where some democratic changes took place, especially after the Arab Spring uprisings in 2010, academic freedom has slowly gained attention as a public issue, with educational and academic institutions addressing it more openly. As a result, constitutional guarantees should be incorporated into legal frameworks for academic institutions to protect their rights and freedoms. These include the right to education and learning, the right to scientific research, the right to innovate and invent, the freedom to access and share information, the freedom to publish and circulate ideas within the academic community.

Top of Form

Bottom of Form

Academic Freedom between International and National Cases

At the international level, a number of cases have been recorded about the defense of academic rights and freedoms. Here are some of the most important ones, such as The U.C. Berkeley Case (2017); The University came under fire over its response to debated guest speakers. The incident raised debates about freedom of speech against creating a comfortable academic setting. The Steven Salaita Case (2014): Salaita was a university lecturer at the University of Illinois whose job offer was withdrew over controversial tweets he stated regarding Israel-Palestine. The case became a high-profile battleground over academic freedom and the sway of outside pressure over university actions. The Guest Speaker Case: University after university has struggled with guest speakers. This has sparked continuing discussion around whether such speakers should be allowed on college campuses, and how those decisions align with what academic freedom entails. On the other hand, there have been many cases of academic freedoms related to academic rights and freedoms at the national level in the Kurdistan Region of Iraq. If proper guidelines and safeguards are not put in place, these issues are likely to grow more complicated and widespread over time. Below are some of the most significant Kurdish cases:

1. Case of Breach of University Sanctuary Fighting occurred between two students on Thursday, January 5, 2024, forcing them to sustain injuries in Sulaimani Polytechnic University. The fighting further escalated when they called their external friends who arrived and joined the commotion at 11:45 AM inside the gates of the university. Later, six non-students — including the brother of one of the students involved in the incident — entered the university, creating chaos. In light of this incident, a group of students from the university’s Technical Media Department released a statement, stating: Outsiders assaulted our university and wounded one of our students in the Technical Media Department. “This was an attack that breached the sanctity of our university, used knives, chains and wooden sticks against students and violated their rights and dignity and created an atmosphere of fear and intimidation. The statement also called on the authorities to quickly apprehend the attackers and prosecute them. Tuesday, October 01, 2023 Part 1: University Administration’s Response Reacting to the controversy, the university administration issued an official explanation statement, confirming the incident, while also vilifying the media’s coverage alleging an exaggeration of the issue. Coincidentally, the university had. On the same day, announced a relatively new academic achievement that some were saying was an attempt to distract from the incident. The university did not address the security breach or recognize potential threats to students, faculty, and staff, though it did say both students involved in the fight would be coped with according to their code of conduct. This failure raised questions about campus safety, and the university’s obligation to guard those who work and learn there.

2. Case of the Academic Disciplinary: On Monday, June 3, 2024, the Sulaimani Court of Appeal sentenced Associate Professor Dr. Shwan Adam Aivas, a university Lecturer and the editor-in-chief of Dargawan magazine, to three months in prison. This sentence was given by the Court for posing questions to second-year students in the Media Department at Halabja University in Erbil and Sulaimani. The ruling was upheld, and the case was not dismissed.

3. Case of the Academic Assassinations: On 28 June 2022, a Soran University student shot and killed Dr Kawan Ismail, the Dean of the Law College at Salahaddin University, on the university campus. A university security officer was also injured in the attack. Later, the same offender targeted Dr. Idris Izzat Hama Khan, a professor at the College of Engineering at Salahaddin University, and killed him at his home.

4. Case of Attack on Academics: In a separate report, the Ministry of Higher Education and Scientific Research condemned the attack on Dr. Abbas Abdulqadir Rabati, a faculty member at the Hawler Medical University. The ministry called on security forces to take swift legal action to hold those behind the attack accountable.

5. Case of Defamations against Academics: There have been many lawyers in these universities. The university president stressed that the matter needed to be addressed through legal and judicial channels given the professors’ criticisms of salary distribution policies and the university’s administrative procedures. Test case of academic research limitation. In the months of March and April 2020, the Kurdistan Region’s Ministries of Health and Higher Education imposed a prohibition on Dr. Sazan Qadir Mawlood and his research team to conduct research work on the genome of the COVID-19 virus in the laboratories of Salahaddin University. The formal justification for the ban had been the need to “preserve national security,” so as to stop the publication and dissemination of findings about the virus’s origins, and its mutations in Kurdistan.

Academic Freedom and its Protection

Academic Freedom and Protection Examples of violations of academic freedom are serious problems that have been created by crimes against academics and university lecturers, in Kurdistan. These national cases have been revisited and keep repeating (Karem, 2024 and Chmk, 2024). To restrict the violations of academic freedom in the Kurdistan Region of Iraq, it is in great need to draft a law or regulation to guarantee the freedom of academia and universities in the Kurdistan Region to maintain their role and continue working in the field of research without the fear and panic of pre-censorship and punitive action (Yaqub 2024). This suggests that support or protection is desirable to allow educational, knowledge and understanding-generating academic work too happened without being impacted by the judicial system — or that there are consequences for subjecting academics to accusations or penalizing them (Yaqub 2025). Research, teaching and teaching about real life examples, which are the three pillars of academic missions, can only thrive if faculty is free to explore, teach and share appropriate and needed material. Violations of academic freedom in Kurdistan are serious concerns that continue to resurface. To address these issues, there is an urgent need for legislation or regulations to protect academic freedom in the region, ensuring that universities and scholars can continue their research without fear of censorship or punitive actions. Such protection is vital for the advancement of education and knowledge, allowing academic work to thrive without interference from the judicial system. Although the Ministry of Higher Education and Scientific Research’s law (No. 10 of 2008) and the Journalistic Law (No. 35 of 2007) specifically reference protections for academic freedom, many courts in the region still rely on Iraq’s Penal Code of 1969 in their rulings. This creates conflicts with laws passed by the Kurdistan Parliament, which supports academic freedom. In this context, an independent law is essential to safeguard academic freedom. While various international guidelines and frameworks have been established to protect academic independence globally, here are some examples that could be applied to the region:

1. Statement from the American Association of University Professors (AAUP): The AAUP has produced foundational documents that define academic freedom. One key document is the 1940 Statement of Principles on Academic Freedom and Tenure, which affirms faculty rights to teach, research, and publish without interference. It emphasizes the responsibility of educators to use their academic freedom while ensuring they are protected from external pressure or censorship. This statement plays a critical role in maintaining universities as spaces where thought, research, and expression can flourish.

1. UNESCO Guidelines on Academic Freedom: UNESCO has developed several guidelines to promote and protect academic freedom, recognizing it as crucial for the pursuit of knowledge and the free exchange of ideas. Its 1997 Recommendation Concerning the Status of Higher-Education Teaching Personnel calls for an environment where scholars can work without external censorship. UNESCO stresses that academic freedom must be protected from political pressures, and that education systems should foster free thought and inquiry, allowing for a diversity of viewpoints and ideas to be shared, which is vital for the advancement of scientific knowledge and human understanding.

1. The Berlin Declaration on Access to Knowledge in Science and Humanities (2003): This declaration highlights the importance of academic freedom in facilitating the dissemination of scientific knowledge. It emphasizes the need free access to research data and results as a fundamental aspect of scientific and societal progress. The declaration advocates for open access to research findings, encouraging systems that allow for collaboration and knowledge sharing, thereby ensuring that academic freedom benefits not just individuals, but society as a whole.

1. Recommendations from the European Universities Association (EUA): The EUA’s publication on academic freedom and the autonomy of academic institutions calls for the preservation of an environment where scholars can pursue their research freely, without external constraints. It emphasizes the importance of safeguarding academic freedom within the academic community, promoting an open and transparent academic culture. The EUA’s guidelines align with the 1967 Chicago Declaration on Academic Freedom, which asserts that academic freedom is essential for the development of both science and knowledge. It stresses that scholars should be able to conduct research and share their findings without fear of censorship or retaliation, a freedom that benefits both academia and society by encouraging intellectual diversity and innovation.

In conclusion, although academic freedom faces numerous challenges and opportunities worldwide, it is especially important to establish a clear framework in the Kurdistan Region of Iraq to safeguard the rights of academics, researchers, students, and educational institutions. Without such protections, political interference, arrests, and even violence could obstruct academic inquiry, suppress research, and restrict the advancement of higher education. Therefore, developing a strong legal and institutional foundation is essential to ensuring a secure and supportive environment for academic pursuits.

Top of Form

Bottom of Form

References:

Aivas SA. Media development and its indicators; the Iraqi KUrdistan Region between 1991-2021 as an example. Twejer Journal. 2022;5(2):895-982.

Aivas, S.A., 2024. Academic Freedoms and Their Invasions in the Kurdistan Region of Iraq. Seminar presented at Sulaimani Polytechnic University’s Chwarchra Campus, 24 November 2024.

Aivas, S.A., Fatah, N.A., Bayz, H.A., Karem, L.E., Salih, H.H. and Hussein, K.Q.Y., Critically Discuss Epistemological Issues by Examining the Claim to ‘Truth’.

Aivas, S.A.W., 2017. Kurdish journalism cultures (Doctoral dissertation, Doctoral dissertation. Nottingham Trent University).

Akray, N., 2022. Freedoms and Rights of Academics. Gullan Web. [online] Available at: https://shorturl.at/qwz03 [Accessed 21 December 2024].

Bullinger, H.J., Einhäupl, K.M., Gaehtgens, P., Gruss, P., Henkel, H.O., Kröll, W., Winnacker, E.L., Larrouturou, B., Mittelstrass, J. and Galluzzi, P., 2003. Berlin declaration on open access to knowledge in the sciences and humanities. Open Access to Knowledge in the Sciences and Humanities, pp.20-22.

Chapter, T., 1973. American Association of University Professors. Re-port of the Special Committee of Inquiry. Kent, Ohio, 1119.

CHMK, 2024. Refusing to Restrict the Academic Freedom of University Lecturers and Media Researchers. CHMK Website. [Online] Available at: https://chmk.org/academic-freedom-restricting-a-legal-case-of-dr-shwan-adam-aivas-as-an-example/ [Accessed 18 December 2024].

Datsko, O., 2018. Сooperation of European University Association with European educational organizations: modern trends. Педагогічні науки: теорія, історія, інноваційні технології, (4), pp.3-10.

Gordon, D., 2022. What Is Academic Freedom? A Century of Debate, 1915–Present (p. 178). Taylor & Francis.

Khan, H., Khan, S.Z., Khan, F.A., Yaqub, K.Q. and Bangash, S.A., 2024. Nexus between corporate governance, capital structure, and market volatility on corporate financial performance. Policy Research Journal, 2 (4), 643–653. 

Karem, H., 2024. Defending Academic Freedom: A Call to Abolish Unjust Sentences. CHMK Website. [Online] Available at: https://chmk.org/defending-academic-freedom-a-call-to-abolish-unjust-sentences/  [Accessed 20 December 2024].

Karran, T., 2009. Academic freedom in Europe: reviewing UNESCO’S recommendation. British Journal of Educational Studies, 57(2), pp.191-215.

[1] SHWAN ADAM AIVAS, an Associated Professor with a Ph.D. in Communication, Culture, and Media Studies from Nottingham Trent University, UK. He is currently a Senior Lecturer at Sulaimani Polytechnic University in Kurdistan Region of Iraq, and Founder of Kurdish Media Watchdog Organization (CHMK.org). His research spans digital literacy, media education, newsroom management, and the ethical challenges in new media and journalism cultures.