Statement of Coalition 188 During the Urgent Press Conference: Violation of the Constitution and Suppression of Rights. The Parliament of Chaos Enacts Injustice Against Women and Children.

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On January 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. In this context, we expect the Federal Court to accept the appeal and rule on the unconstitutionality of this chaotic session and the invalidity of the voting procedures thereat, in which democracy was demolished, the constitution was kicked aside, the principles of human rights were torn apart, and the dignity and rights of Iraqi women were violated.

What happened in parliament was nothing but a pathetic display of political chaos. Voting in this manner reflects a complete lack of national responsibility. Instead of respecting the constitution and parliamentary regulations, the parliament used its tools to pass laws that lack any sense of justice.

The only concern of these influential forces was political and electoral gains in passing the aforementioned laws. They alone want to vote on a law that concerns their electoral constituency, but they reject another law for various reasons. When they did not find an opportunity to pass the laws in a smooth and democratic manner through the appropriate constitutional and legal procedures, they resorted to the notorious quota deal method and passed the laws at the expense of the citizens affected by these laws.

These amendments are an assault on the spirit of civil justice, and they are a clear message to every Iraqi citizen that the protection of society, the family, and the rights of women and children is no longer a priority. These laws are an attempt to impose guardianship on our minds and lives, and they reproduce social injustice in a legal manner.

The way in which these laws were passed indicates unequivocally the inability of the members of Parliament to carry out their constitutional duties and their lack of trust in each other. They have failed to represent the small percentage of citizens who voted for them, confirming the validity of what we stated in our meetings with many MPs and parliamentary committees regarding the illegitimacy of their parliamentary work, their failure to monitor the government’s work, and their failure to fulfill their electoral promises, in addition to the widespread rejection and great abstention in the previous elections and the withdrawal of the largest parliamentary bloc at the beginning of the current term.

While we completely reject the manner in which the amendment to Personal Status Law No. 188 of 1959 and the other laws associated with it were passed; the General Amnesty, and the cancelling the decisions of the dissolved Revolutionary Command Council on real estate in Kirkuk, we note the following irregularities:

1. The Presidency of the CoR violated article 37(3) of the Parliament’s Internal Rules, which 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.
2. 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.
3. It seems that the CoR Legal Committee did not read the draft government text regarding the General Amnesty Law, but rather read only the proposals of the committee, which also violates the Internal Rules.
4. 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 was not verified, which raises doubts about the voting and about the number of positive and negative votes cast. That is only true if we supposed the quorum had been fulfilled, which is also questionable.
5. At the end of these violations, we refer to the sentence stated by the Federal Supreme Court in one case: “The will of the people represented in the Council of Representatives, cannot, in any way be reduced to the Speaker of the Council who has previously taken the constitutional oath that prohibits him from violating the law or the Constitution”.

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 hope that they will exercise their role in putting pressure on decision-makers in Iraq so as to reconsider the disgraceful amendments that affect women’s and children’s rights and put the social peace at risk.

Our alliance which was formed basically to reject the amendment to the Personal Status Law, will continue to advocate for women’s rights and will follow all legal and constitutional means to continue its rejection of this amendment that represents a disgrace of the backward quota-based powers. In this regard, our alliance announces a set of procedures it will take to stop this legislation that is insulting to Iraqi women and men.

We will file a constitutional appeal about the constitutionality of the (CoR) session, the authenticity of the voting therein, and the constitutionality of the amendment to the law.

We call on all political, social, parliamentary, vocational, trade unions and civilian forces, etc. that aspire and work for sound democracy, human rights respect, decent life and women’s rights to unify their efforts with the Alliance to create a broader rejection and restore the law to its original text.

We ask all citizens who are keen on the unity and rights of the people to loudly reject this unfair amendment to the Personal Status Law.

We call upon all MPs who object to this amendment to unify their vision in this regard, at least, prior to filing any case at the Federal Supreme Court to object to the constitutionality of the law.

Finally, we have established a legal clinic that provides free legal consultancy to all abused women affected by this disgraceful amendment. We call on all patriotic lawyers, jurists, academics, and women’s/human rights advocates to engage in the activities of this clinic.

We will continue our rejection and non-approval of the amendment that has been agreed upon by the quota-based sectarian forces, and will not accept the eradication of the rights that have been achieved for Iraqi women.

Baghdad, 23-01-2025