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Legacy of Saddam-Era: How old laws cripple Iraq's legislative future
Legacy of Saddam-Era: How old laws cripple Iraq's legislative future

Shafaq News

timea day ago

  • Politics
  • Shafaq News

Legacy of Saddam-Era: How old laws cripple Iraq's legislative future

Shafaq News More than two decades after the fall of Saddam Hussein's regime, the legacy of Iraq's dissolved Revolutionary Command Council (RCC) continues to obstruct the country's legislative development. Despite successive parliamentary sessions since 2005, many foundational laws remain stalled due to political disagreements and intra-bloc rivalries. This gridlock is exacerbated by the continued enforceability of thousands of RCC-era decrees—many considered outdated or repressive. Legislative Paralysis and RCC Residue At the end of each parliamentary term, unresolved legislative proposals are routinely carried over to the next, creating a backlog that hampers Iraq's ability to enact meaningful reform. According to officials, this stagnation is compounded by the survival of nearly 6,000 RCC decisions—some criticized for their authoritarian nature, particularly those establishing special courts or intensifying penalties under Iraq's legal code. Despite repeated calls from senior figures, including President Abdul Latif Rashid in 2023, for a comprehensive legal review, Parliament has largely failed to abolish or amend most of these decrees. Many remain legally binding under Article 130 of Iraq's constitution, despite clashing with international human rights norms and democratic principles. RCC's Institutional Legacy Formed after the 1968 Ba'athist coup, the Revolutionary Command Council served as Iraq's highest authority until its dissolution by the US-led Coalition Provisional Authority in 2003. Under Saddam Hussein, the RCC wielded unchecked legislative and executive powers. Many of its rulings were instrumental in consolidating authoritarian rule and suppressing dissent. Legal experts estimate that 5,903 of these decisions are still in force. A joint committee between the Presidency and Parliament's Legal Committee was created to classify and review these decisions. Legal expert Ali al-Tamimi noted that RCC decrees even outnumber Iraq's key laws, including the Penal Code. 'They were issued under the 1970 interim constitution and remain in effect unless formally repealed,' he said, adding that most of these decrees were used to suppress political opposition and established exceptional courts that contradict international law. 'Parliament is capable of repealing them all at once or selectively amending a few.' Al-Tamimi also stressed that the current government's ministerial program explicitly calls for repealing RCC decisions that conflict with the Universal Declaration of Human Rights and other international treaties. Efforts at Repeal and Political Resistance While Parliament has repealed select RCC decisions since 2007, broader repeal efforts have stalled. Raed al-Maliki, a member of the parliamentary legal committee, said he compiled and amended the RCC decisions and submitted a legislative proposal—but it was blocked. 'The Council is simply not prepared to address this file,' he told Shafaq News. Al-Maliki noted that while the current legislative session managed to pass some laws, including the General Amnesty Law and amendments to the Personal Status Law, it also witnessed repeated disruptions, session delays, and a stagnant agenda. 'Important laws carried over from previous terms were subject to political agreements,' even though such laws could be passed with a two-thirds majority without needing full consensus. He further explained that 'some draft laws face no disagreement within Parliament itself. The real disputes happen outside Parliament—among bloc leaders—who prevent such laws from being put to a vote.' In 2023, Legal Committee Head, Ribwar Hadi Abdul Rahman, announced renewed efforts to repeal RCC decrees through a new committee with the Presidency. He clarified that such decrees do not require replacement legislation. 'RCC decisions are not amended—they are either in force or abolished,' he said. Some initial steps focused on repealing decrees related to land disputes in Sinjar and Zummar. Additional efforts have targeted RCC-era confiscations of Kurdish and Turkmen lands in Kirkuk—widely viewed as part of the former regime's demographic manipulation strategy. One of the most enduring and contentious RCC legacies is Penal Code No. 111 of 1969, which remains largely intact. Articles 225 and 226 criminalize public insults to state institutions or officials, carrying penalties of up to seven years in prison. Ironically, these provisions have been applied to political forces once persecuted under Saddam's regime. Structural Barriers to Reform Legal expert Qatada Saleh Fanjan told Shafaq News that 'most important laws are subject to bargaining and consensus among political factions.' He noted that lawmakers often lack independent voting authority, as their decisions depend on the approval of party leaders. 'Parliament should focus on producing laws—not obstructing them,' he said, warning that 'the subordination of Parliament's leadership and its members to political agendas in conflict with the law has caused the failure of many legislative efforts.' Al-Maliki echoed this view, confirming that many laws remain hostage to factional calculations despite lacking real opposition within Parliament. The root of the obstruction, he emphasized, lies in political leadership outside the chamber. Political analyst Aid al-Hilali warned that lawmaking in Iraq remains hostage to sectarian and ethnic rivalries. 'There is no collective national will, and partisan interests often override the public good,' he said. Al-Hilali added that Prime Minister Mohammed Shia al-Sudani has repeatedly tried to activate legislative reforms through his government program, but political blocs have continued to use outdated laws as bargaining tools, stalling or weakening many reform efforts. He cautioned that the delay in passing new laws and the persistence of RCC-era legislation 'not only harms the government's performance but also undermines public trust in the political system as a whole.' The continued coexistence of repressive legacy laws and stalled modern legislation, he argued, 'has created a confused legal environment that grants privileges to certain groups at the expense of justice and state institutions.' Written and edited by Shafaq New staff.

Iraq arrests 40 over alleged baathist plots, sectarian incitement
Iraq arrests 40 over alleged baathist plots, sectarian incitement

Rudaw Net

time21-07-2025

  • Politics
  • Rudaw Net

Iraq arrests 40 over alleged baathist plots, sectarian incitement

Also in Iraq Iraq cannot control militias attacking Kurdistan Region, says MP Iraq records 16 new cases of Crimean-Congo fever Iraqi parliament to convene on Kurdistan Region drone attacks PM Barzani says Baghdad added new condition to finance agreement A+ A- ERBIL, Kurdistan Region - Forty people suspected of spreading Ba'athist ideologies of former dictator Saddam Hussein's regime and planning sabotage attacks have been arrested, Iraqi security forces announced on Sunday. 'Security detachments carried out qualitative operations that resulted in the arrest of 40 suspects involved in managing and financing sectarian content and seeking to carry out sabotage operations,' the Iraqi National Security Agency (INSS) said in a statement. The law criminalizing the promotion of the Baath Party in Iraq was activated on July 30, 2016. It criminalized membership in, and promotion of, the dissolved Ba'ath party in Iraq, as well as any similar groups or ideologies 'These misguided elements resorted to false rhetoric that promoted the banned Ba'athist regime as a cover for marketing their dead dreams and inciting against the state,' the security agency added. A clandestine cyber group called 'Brigade 66' which is managed from outside the country and spreads Ba'athist ideologies was also monitored. 'Some of them [the suspects] confessed to receiving guidance and support from fugitive elements outside the country,' the INSS said. The Arab Socialist Baath Party ruled Iraq from 1968 until it was toppled in 2003 by a United States-led invasion that removed its leader, Hussein. The party has since been banned under Article 7 of the Iraqi constitution, which outlaws adopting, glorifying, or promoting the symbols and propaganda of the former regime. Hussein's oppressive regime was responsible for numerous crimes against humanity, including the Anfal genocide against the Kurds. The campaign reached its deadliest point in 1988 with the Halabja chemical attack, which killed around 5,000 people and injured 10,000 more. The dictator was executed in 2006 after being sentenced to death in a separate case for the killing of 148 Shiites. His trial on charges related to the Anfal genocide was still ongoing at the time of his execution.

Al-Maliki: Iraq must strengthen its state and security institutions
Al-Maliki: Iraq must strengthen its state and security institutions

Shafaq News

time28-06-2025

  • Politics
  • Shafaq News

Al-Maliki: Iraq must strengthen its state and security institutions

Shafaq News – Baghdad Nouri al-Maliki, the head of the State of Law Coalition, emphasized the need for Iraq to become a strong state capable of defending its sovereignty, warning that regional conflicts could eventually impact Iraq. In a statement released by his media office to mark the Islamic month of Muharram and the commemoration of Ashura, al-Maliki said that true reform should go beyond political slogans, 'It must involve a strategic framework that tackles weaknesses in state institutions, promotes social justice, improves living standards, provides essential services, and creates employment opportunities. These are legitimate rights of the people—not a favor from anyone or a political bargaining chip.' Al-Maliki also stressed the importance of conducting an urgent review of Iraq's security and military institutions to ensure they are capable of maintaining political, social, and security stability, and of defending the country from external threats. Referring to escalating regional tensions, he pointed out, 'Today, as the region undergoes dangerous transformations, and with the Israeli wars rolling from Gaza to Lebanon, then Syria, and now threatening the Islamic Republic [of Iran], Iraq will not remain immune.' 'Iraq must be a strong state, equipped with all means to defend its sovereignty, people, and sacred sites.' Al-Maliki concluded by noting that while global powers possess all forms of strength, Iraq must aspire to reach a similar level—not for aggression, as in the era of the former Ba'athist regime—but to safeguard its sovereignty, rights, and the higher interests of the Iraqi people.

Iran: Commander of "Abuzar" Brigade, Five of His Comrades Martyred
Iran: Commander of "Abuzar" Brigade, Five of His Comrades Martyred

Saba Yemen

time23-06-2025

  • Politics
  • Saba Yemen

Iran: Commander of "Abuzar" Brigade, Five of His Comrades Martyred

Tehran - Saba: The Iranian Army announced on Sunday evening that the commander of the 71st Mechanized Infantry Brigade (Abuzar), Brigadier General Ali Hossein Mohammadi, and five of his comrades martyred during a defensive mission on the country's western border. The Iranian Army's Public Relations stated that Brigadier General Mohammadi and his comrades were martyred while repelling an air attack launched by the usurping Zionist entity using drones on the "Naft Shahr" region. The Iranian Tasnim News Agency quoted the Commander of the Iranian Army's Ground Forces, Brigadier General Kioumars Heidari, as saying that these heroes bravely confronted the aggression until the last breath, stressing that "the 71st "Abuzar" Brigade has been a symbol of resistance and courage since the days of the Sacred Defense, as it was the first and last brigade to confront the attacks of the Ba'athist enemy at that time." Brigadier General Heidari added, "The sons of this brave brigade, as in the past, today wrote another heroic epic in defense of the Islamic Republic, and ascended to the rank of martyrdom while confronting the treacherous aggression carried out by the criminal Zionist regime's drones." Whatsapp Telegram Email Print

Halabja's new dawn: Governorate status brings hope and challenges to the historic city
Halabja's new dawn: Governorate status brings hope and challenges to the historic city

Iraqi News

time30-05-2025

  • Politics
  • Iraqi News

Halabja's new dawn: Governorate status brings hope and challenges to the historic city

Baghdad ( – After nearly four decades scarred by the horrific 1988 chemical attack and a subsequent 12-year political struggle, the Iraqi Kurdish city of Halabja has officially become Iraq's 19th governorate, and the fourth within the semi-autonomous Kurdistan Region. The Iraqi Parliament's decision in mid-April 2025 grants this city, synonymous with one of the modern era's most heinous crimes, a new administrative status. This is seen by many as long-overdue recognition and a potential catalyst for development, yet it also heralds fresh political and security complexities. The name Halabja is seared into global memory by the Ba'athist regime's chemical bombardment in March 1988, during the final months of the Iran-Iraq war, which killed an estimated 5,000 civilians, mostly women and children, and injured up to 10,000 more. The long-term effects on health and the environment have plagued the city for generations. The journey to governorate status began with a Kurdistan Regional Government (KRG) decision in 2013, followed by a KRG parliamentary vote in 2015. However, federal recognition was repeatedly stalled by intricate political bargaining in Baghdad, often linking Halabja's case to demands for creating other new governorates in disputed or ethnically mixed areas like Tel Afar and Tuz Khurmatu. During these years of political limbo, Halabja suffered from economic decline, high unemployment, and significant out-migration as residents sought opportunities elsewhere. The new governorate status unlocks significant potential: dedicated annual budgets, thousands of new administrative and security positions, direct federal allocations for resources like medicine and fuel, and enhanced prospects for investment across various sectors including housing, industry, commerce, entertainment, and vital services. In a groundbreaking development, Ms. Nukhsha Saleh has been appointed as Halabja's governor, making her the first female governor in Iraq's modern history. However, these new entitlements are expected to intensify internal Kurdish political competition. Traditionally, the Kurdistan Democratic Party (KDP) holds sway in Erbil and Duhok, while the Patriotic Union of Kurdistan (PUK) dominates Sulaymaniyah. Halabja, previously administered under Sulaymaniyah, now joins it as a PUK-influenced governorate, potentially recalibrating the power dynamics between the two main Kurdish parties. Furthermore, Halabja's strategic location bordering Iran, with key trade crossings like Shushmi-Tawila and Bashta, positions it as a potential new arena for regional influence—a common feature across Kurdistan, which navigates Turkish military presence and Iranian political interests. Developing its tourist areas will also require careful management to avoid political corruption. The elevation of Halabja to a governorate is undoubtedly a momentous occasion, offering a chance for healing, development, and empowerment. Yet, its future will be shaped by how these new opportunities are managed amidst existing political rivalries and complex security undercurrents. True progress will require genuine commitment from both federal and regional governments, robust local governance, and continued international support to ensure this city of martyrs not only remembers its painful past but builds a resilient and prosperous future, free from the shadows that have long loomed over it. The hope is that Halabja's new beginning truly places it on the map of recovered and thriving cities, rather than entangling it further in escalating power struggles.

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