Monitor
‘Shameful’: Coalition 188 decries amendments to Iraq’s Personal Status Law after chaotic parliamentary session
BAGHDAD — Coalition 188, a pressure group formed to defend Iraq’s 1959 Personal Status Law, held a press conference in Baghdad on Thursday, expressing its rejection of recently approved parliamentary amendments. The group described the changes as a violation of the Iraqi constitution and emphasized its outreach to international human rights bodies to “pressure decision-makers in Iraq.”
Coalition 188 includes various civil society organizations, non-governmental entities, public figures, academics, activists and human rights advocates. Its name references the 1959 Personal Status Law, officially known as Law No. 188 of 1959.
The Iraqi Parliament convened on Tuesday and passed three controversial laws. Amendments to the Personal Status Law were backed by Shia factions. The Property Restitution Law, which aims to return land confiscated during the Ba’ath era to its rightful owners, was strongly supported by Kurdish and Turkmen lawmakers, while the General Amnesty Law addressed demands advocated by Sunni MPs. The process drew sharp consternation from many MPs who called the process and procedural moves by the parliamentary leadership a “farce.”
Under the amendments to the Personal Status Law, family matters such as inheritance, divorce and child custody could be determined either by religious authorities or the civil judiciary, based on individual preference. Critics argued the initial proposals could weaken existing legal protections, particularly for women, and may have lowered the minimum marriage age of 18 for Muslim girls.
Statement from Coalition 188:
On Jan. 20, the Iraqi Parliament held its third session of the current legislative term in a manner that does not represent parliamentary norms, internal regulations, or the Iraqi constitution. The session witnessed the passing of three laws, opposed by parliamentarians, the public, and political factions after an agreement among the influential forces within the State Administration Alliance, which comprises the majority of parliament members along with other parliamentary forces.
The amendments approved during this session are considered a direct blow to the constitution and principles of justice. Instead of being an institution that protects the people and their dignity, Parliament has become a platform for consolidating the hegemony of the ruling coalition, known as the State Administration Alliance.
The session was chaotic, with many MPs objecting to the method of bundling multiple laws for a single vote, while others protested other issues. Many MPs left the session, and others filed a legal complaint at the Federal Court regarding the session’s proceedings and voting method.
We expect the Federal Court to accept the compliant and declare this chaotic session and its voting procedures unconstitutional, considering that democracy, the constitution, human rights principles, and the dignity and rights of Iraqi women were all undermined. What happened in Parliament was nothing but a weak display of political chaos.
Several violations noted, including: First, the article 37(3) of the Parliament’s Internal Rules stipulates that session items must be discussed in order and not moved to another item until the previous one is completely discussed. If discussion cannot be completed, the speaker and deputies may defer it. The internal rules do not allow bundling three laws into one discussion, especially when no substantive connection exists between them.
Second, the Parliament’s presidency violated article 134 of the Internal Rules, which clarifies that opinions are taken on each subject separately, and then opinions are taken on the subject as a whole after the articles are fully read to the MPs, and that voting on the law is not completed until the vote is taken as a whole, the purpose of which is to indicate the majority’s approval of this law, and that combining three laws into one law conflicts with the freedom of the representatives to vote on it and tries him without justification to reject or approve laws without another opinion.
This violates the simplest laws of democracy and freedom of expression, and it seems that the Parliament’s legal committee did not read the government text related to the general amnesty law, but rather contented itself with reading the committee’s proposals, and this violates the Parliament’s internal regulations.
Video recordings showed the Speaker did not count votes while many MPs were not seated and others were protesting or asking to speak. The number of voters remains uncertain.
On the other hand, we have contacted the international bodies concerned with human rights, and we have informed them of the proceedings of the Parliament’s session and its results, which are contrary to the democratic process and the rules of security and social stability in our country. We look forward to them playing their role in pressuring decision-makers in Iraq to work to reconsider these shameful laws that affect the rights of women, the family, and children, and the rules of security and stability in society.