The Iraqi Observatory for Human Rights expresses its deep concern and strong condemnation of the recent actions taken by the Iraqi Parliament in passing amendments to the Personal Status Law and the General Amnesty Law. This move clearly demonstrates the dominance of narrow political interests over legislative work at a time when the Iraqi people are looking for laws that protect human rights and promote social justice.
What happened does not reflect the will of the people but rather political deals between dominant blocs, particularly the Coordination Framework and Sunni forces, who bear responsibility for this dangerous setback in understanding and addressing legislative priorities.
The current version of the General Amnesty Law raises profound concerns about its potential security and judicial repercussions. While the law’s declared goal is to provide opportunities for retrials and justice for the innocent, its provisions open the door to the possibility of it being exploited to release individuals involved in terrorism and financial corruption. These risks are not hypothetical but realistic, given the lack of clear mechanisms to ensure transparency and justice in its application.
Article 19 of the Iraqi Constitution affirms that “justice is the foundation of rights.” However, this law appears to be designed in a way that allows some to evade accountability. Passing such a law in this politically charged context reflects an attempt by certain parties to secure political gains at the expense of societal security.
Equally concerning is the amendment to Personal Status Law No. 188 of 1959, which raises serious concerns about the rights of women and children in Iraq. This amendment opens the door to the application of sectarian rulings that could lead to an increase in cases of child marriage and undermine women’s rights in divorce, inheritance, and custody. Such changes threaten long-standing legal protections and weaken social justice.
Article 14 of the Iraqi Constitution clearly stipulates equality among all Iraqis before the law, while Article 29 obligates the state to protect families and children from exploitation and violence. Nonetheless, this amendment reflects a narrow political approach that prioritizes partisan interests over human rights and justice principles.
The passage of these two laws cannot be viewed in isolation; they are part of an evident political deal between Shiite and Sunni forces in Parliament. This deal highlights how Parliament has deviated from its fundamental role as a representative of the people and a protector of their rights, turning instead into a platform for partisan interests.
Laws enacted in this manner are merely a reflection of a lack of balance between responsibility and power within Parliament. Political interests have become a priority at the expense of constitutional values and citizens’ rights.
It is regrettable that civil society and human rights organizations were sidelined during the drafting and approval of laws that have profound effects on citizens' lives. The passage of these laws without public discussion or consultation with experts in human rights and law demonstrates a disregard for the principle of inclusiveness, which should be a cornerstone of legislative decision-making.
Civil society in Iraq has proven to be an effective partner in protecting human rights and advancing justice. Ignoring its role in these processes represents a breach of democratic principles and widens the gap between legislative institutions and the public. Laws enacted without involving all stakeholders are inherently flawed and risk creating long-term instability.
Iraq is a country rich in cultures, religions, and sects. It is unacceptable for laws to be enacted in ways that disregard this diversity, which is a source of strength if properly managed. The current versions of the General Amnesty Law and the Personal Status Law amendments could be interpreted by some as attempts to undermine justice in favor of certain groups, thereby threatening the unity of the social fabric.
Laws that fail to account for Iraq’s cultural and social diversity erode trust among different communities, undermining peaceful coexistence and exacerbating divisions that could lead to more severe crises. Article 3 of the Iraqi Constitution underscores the importance of pluralism and peaceful coexistence, yet these laws clearly disregard these principles.
Laws are meant to protect people and uphold their dignity, not to make their lives more complicated or insecure. In their current forms, these two laws pose significant risks to human rights and threaten to deepen violations rather than serve as tools for justice. Passing such legislation reflects a lack of humanitarian vision among political forces seeking immediate gains without considering future consequences.
The Iraqi people deserve laws that reflect their needs and aspirations, not legislation resulting from political deals that neglect their rights and security. The persistent prioritization of partisan interests over public welfare deepens societal divisions and undermines trust in institutions.
The Iraqi Observatory for Human Rights warns that passing laws that disregard human rights and constitutional principles will lead to catastrophic outcomes for Iraq’s stability and its people’s future. We call on political forces, especially the Coordination Framework and Sunni blocs, to take responsibility and work towards enhancing justice and protecting human rights.
The Iraqi people will not accept having their lives and rights dictated by political deals. It is now incumbent upon everyone to correct this dangerous course and work towards an Iraq that respects human rights and protects dignity.
