Political deal-making and controversial laws: Inside the Iraqi Parliament's latest debates
Shafaq News/ In the Iraqi Parliament, agreements between political blocs frequently hinge on a principle of mutual benefit, often described as "a law for my benefit and a law for your benefit." This approach, while facilitating some legislative actions, can also lead to significant delays in important legislation when disagreements arise. Such delays occur without sufficient regard for the interests of the Iraqi citizens. Notably, two crucial pieces of legislation currently affected by this dynamic are the General Amnesty Law and the Personal Status Law Amendment.
The Awaited Session: Before, During and After
On June 22, the Iraqi Parliament included the General Amnesty Bill and the Personal Status Law on the agenda for its session scheduled for July 23.
"We are pleased to announce to our innocent detainees and their families that, following today's meeting of political bloc leaders, the General Amnesty Bill will be included in the agenda of the next two sessions for the first reading and subsequent voting. This decision will address their grievances after years of suffering and injustice due to secret informants and false accusations." MP Raad al-Dahlaki stated.
The step marks the first formal discussion of the issue in Parliament despite long-standing demands from various social groups and political parties.
The Yazidi parliamentary bloc announced its boycott of Wednesday's Iraqi Parliament session due to the inclusion of the Law on the agenda.
In a press conference, Naif Khalaf Sido, the head of the bloc, stated, "…we will not participate in today's parliamentary session. This decision is based on the belief that the General Amnesty Low does not serve the interests of Iraqis and provides an opportunity for impunity for certain terrorist crimes."
Sido urged political forces to "reconsider and reject the law," warning of "the consequences if it is passed."
The Committee also reported that the controversial Personal Status Law would be discussed, mainly for amendments to articles 41 and 57.
The Iraqi Communist Party announced its opposition to including the draft amendment to the Personal Status Law on the agenda.
In a statement from its political bureau, the party stated that the proposed amendment contains articles that contradict the Iraqi Constitution, particularly Article 14, which ensures equality for all Iraqis before the Law without discrimination.
The statement added that the proposed amendment aims to "divide Iraqis according to sect, thereby fostering sectarianism and harming Iraqi society, which already suffers from the effects of sectarian divisions and wars." It stressed that this direction is "inconsistent" with the claims of political forces striving for political and social stability.
Hours before the session began, a member of the Iraqi House of Representatives reported that political differences among the members would delay today's session.
Representative Luqman Al-Rashidi told Shafaq News Agency that "the main disagreements were over amending the Personal Status Law and the General Amnesty Law, highlighting that the first one has many controversial issues among political blocs, sects, and nationalities."
"The session will not proceed unless the Personal Status Law is removed from the agenda," he added, noting "it has not been yet."
With some welcomed and others opposed, the session, attended by 194 deputies, was held on time. Still, the Presidency of the Council decided to remove the "controversial" Personal Status Law amendment from the agenda due to political disagreements.
After the session, al-Dahlaki, the representative from the Azm alliance, explained to Shafaq News that the Parliament's decision on the General Amnesty Law has been postponed due to ongoing disputes over the Personal Status Law.
Al-Dahlaki noted that the "vague" Personal Status Law "suddenly appeared" on the parliamentary agenda, prompting over 120 signatures to increase the age for all groups mentioned in the Law.
He stated that the Amnesty Law is expected to be prioritized in the agenda for the next parliamentary session, as assured by the Parliament's presidency.
General Amnesty Law
The General Amnesty Law was enacted in 2008 as part of what was then called a political deal, under which the Parliament voted on three laws in a single package: the General Budget Law, the General Amnesty Law, and the Law of Governorates Not Incorporated into a Region. Observers at the time noted that each Iraqi faction (Shiites, Sunnis, and Kurds) benefited from a law that served their interests.
The Council of Representatives enacted a second General Amnesty Law in 2016. Reviewing the political context in which this Law was passed reveals that it was also a Sunni demand this time, included in the agreement to form the government in 2014. It was voted on concurrently with the "Baath Party Ban Law" and the "Popular Mobilization Authority Law," which supports analysts' claims that the Law was also passed within the framework of political deals and compromises.
In addition, the General Amnesty Law is a key condition set by the Sunni blocs during negotiations for forming the "State Administration" coalition. This coalition, which includes the Shia "Coordination Framework" as well as Kurdish and Sunni blocs, led to the formation of the current government headed by Prime Minister Mohammed Shia Al-Sudani. However, the Law encountered opposition from factions within the Shiite Coordination Framework, particularly if it permits the release of individuals convicted of terrorism and murder.
Officials have clarified that amendments to the General Amnesty Law will exclude terrorists and individuals involved in specific crimes such as human trafficking, drug offenses, threats to national and public security, embezzlement, and misappropriation of public funds. However, the Coordination Framework says it is concerned about "the enactment of a law that allows the release of terrorists and those whose hands are stained with the blood of the Iraqi people, leading to the fall of cities into the hands of terrorist organizations."
Personal Status Law
Another main topic on the Parliament's agenda is the Personal Status Law amendment, supported by the Framework.
The proposed amendments have sparked debate due to concerns about their alignment with the country's cultural, religious, and sectarian diversity. These amendments, driven mainly by the Framework, aim to grant religious authorities power over personal status matters. This shift allows clerics from both Shia and Sunni endowments to conclude marriage contracts outside of the court, raising legal questions about the legality of such marriages, particularly concerning age requirements.
The current amendment attempt relates to Article 41 of the constitution, which states that Iraqis are free in their personal status according to their religions and sects. The amendment stipulates that "Iraqis have the right to choose the Shia or Sunni sect's rules for all personal status matters when concluding a marriage contract. Those who have not chosen a particular sect's rules when concluding a marriage contract can submit a request to the competent Personal Status Court to apply Sharia rules according to the sect they choose, and the court must comply with their request."
Furthermore, the amendment proposes that "a code of Sharia rulings will organize personal status matters according to the Shia Jaafari jurisprudence, and another code will organize personal status matters according to Sunni jurisprudence, based on the opinions of prominent jurists of each sect in Iraq."
Additionally, there is a proposal to amend Article 57 regarding child custody. The amendment modifies the custody arrangement and gives priority to the mother for child custody in divorce cases. However, the court has the authority to select the most suitable parent for custody based on specific criteria.
When making custody decisions, the judge considers several factors, including: Upon reaching the age of 15, a child has the right to choose which parent to live with, whether it be the father or the mother, and medical assessments may be requested to ensure the child's best interests are served. If neither parent is deemed suitable for custody according to Iraqi law, the court may grant custody to a qualified guardian. Additionally, in some cases, the court may decide to place the child in state-run residential institutions for children.
