Iraq's controversial laws on hold: Political blocs play the long game for 2025 elections
Shafaq News/ Iraq’s Parliament hashit pause on three contentious laws, leaving the nation in suspense aspolitical forces eye the October 2025 elections for potential breakthroughs.Observers suggest that political blocs may use these laws as a “tool” forelectoral maneuvering, making last-minute deals to enhance their appeal aheadof the elections.
Parliament failed to convene its20th session on Sunday to vote on key proposals, including amendments to thePersonal Status Law No. 188 of 1959 backed by the Shiite Coordination Framework(CF,) the Property Restitution Law sought by Kurdish parties, and the SecondAmendment to the 2016 General Amnesty Law supported by Sunni MPs.
Despite a 30-day extension onNovember 7 to address pending legislation, Parliament was unable to reachconsensus on these divisive issues, deferring them to the next legislativeterm.
Repeated Political Promises
Contentious laws that have longstirred debate in Iraq's parliament face an uncertain future, as repeatedattempts to pass them have faltered, MP Muhammad Qutaiba Al-Bayati told ShafaqNews Agency.
“The controversial laws have beenpresented in multiple sessions but failed to achieve political consensus,"Al-Bayati explained. "As a result, the last session of the legislativeterm was adjourned without setting a new date to revisit them."
Al-Bayati indicated that the initialsessions of the upcoming legislative term are unlikely to address these laws.“Their inclusion on the agendas has started to provoke dissatisfaction amongMPs, often leading to session cancellations,” he said.
The MP warned that the failure topass these laws could have political ramifications. “These laws have beendepleted as potential campaign tools for the upcoming elections. They musteither be resolved in this parliamentary term or lose their relevance forfuture sessions," he said. He also cautioned that repeated delays riskalienating voters, especially those advocating for these measures, due to“repeated political promises of legislation that remain unaddressed to thisday.”
Basket System: A Deviation fromLegislative Process
The Iraqi Parliament entered itslegislative recess after extending the legislative term for 30 days based onArticle 58 of the Iraqi Constitution. Therefore, that period has ended, and itis now mandatory to enter the recess from December 9, 2024, to January 9, 2025.
Political researcher Saif Al-Saadiexplained to Shafaq News Agency, "These laws have been postponed untilJanuary 9, the start of the new legislative term. However, during that period,the Parliament is expected to face significant pressure due to the presence ofnumerous critical laws." Among the most pressing issues are the ElectionLaw, which has stirred debates on the proposed systems, including multipledistricts, a single district, and the Sainte-Laguë method. Additionally, thelaw of the Independent High Electoral Commission remains contentious.
Al-Saadi noted that the GeneralAmnesty Law has been linked to the Personal Status Law, while the PropertyRestitution Law has also been tied to these two laws. “This is puzzling, as thefirst law does not exclusively concern the Sunni community but applies to allsegments of Iraqi society. It is therefore unreasonable to bundle it with othercontentious laws. Continuing the practice of the 'Basket System' represents adeviation from the legislative process," he expressed.
"The basket system for passing threecontentious laws has repeatedly failed in past sessions."
Moreover, the political researcheremphasized the urgency of passing the Amnesty Law, stating, "The GeneralAmnesty Law needs to be enacted due to the many individuals harmed by issuessuch as secret informants, forced confessions, precautionary detention, orthose who have served one-third of their sentence. The law would allow affectedindividuals to pay 10,000 Iraqi dinars ($7.63) per day of their remainingsentence for release, provided there is no private complainant, leaving onlythe public interest."
Al-Saadi predicted that, despite thechallenges, "the Amnesty Law will likely be enacted after the legislativerecess, as the three laws have already completed their legislative procedures,leaving only the voting on their justifications and legal articles."
Election Campaigning
In an interview with Shafaq NewsAgency, political analyst Ahmed Al-Yasiri stated that "the contentiouslaws were essentially an electoral campaign tool designed to reinforcesectarian quotas and political rivalry." He explained that the AmnestyLaw, for example, was proposed by Sunni forces during the election period toappeal to their supporters. "It forms part of the electoral polarizationthese Sunni forces aim to establish and defend," Al-Yasiri added, drawinga parallel to similar laws proposed by the CF.
Al-Yasiri further highlighted thatpolitical forces had failed to pass election-related laws and, in an attempt toresolve the deadlock, elected Mahmoud Al-Mashhadani as Speaker of Parliament.However, he noted that “Al-Mashhadani's lack of a clear mechanism and hisstatus as a supplementary figure, rather than an original part of the electoralcycle, hindered his success.”
He warned that "the upcomingperiod will cast its shadow over events in Iraq and render Parliament lesseffective." He confirmed that political blocs must take the initiative tofoster a positive polarization that would reflect on society and help addressthe challenges ahead, warning that Iraq could face changes similar to thoseexperienced in Syria.
Similarly, political analyst JassemAl-Gharabi pointed out that "the political blocs insisted on includingthese laws in the political agreement to secure votes for Mohammed ShiaAl-Sudani's government at that time." Speaking to our agency, Al-Gharabispeculated that "the contentious laws might be postponed to the end ofParliament's term, serving as an electoral tool for political blocs." Heanticipated that “these blocs will likely reach an agreement shortly before theelections and pass the laws to capitalize on them for electoral gains.”
Overview of the Controversial Laws
The draft Property Restitution Law,which addresses properties affected by decisions from the dissolvedRevolutionary Command Council, has become a focal point in Iraq’s politicallandscape. Kurdish MPs and officials argue that the law is aimed at returningproperties to their original Kurdish and Turkmen owners, confiscated undereight decisions made by the Council between 1975 and 1979. These decisions wereintended to enforce demographic changes in disputed areas.
The proposed amendments to the IraqiPersonal Status Law No. 188 of 1959 have ignited heated debates withinParliament and civil society organizations. The proposed changes cover a widerange of issues, including marriage, divorce, inheritance, and child custody.
Meanwhile, Sunni parliamentary andpolitical forces continue to press for the passage of the General Amnesty Law,a proposal that has met opposition from Shiite factions due to concerns overthe potential release of detainees linked to terrorism charges. Since theformation of Al-Sudani’s government, this law’s fate remains uncertain. Despitean agreement to enact it, observers point to a lack of political will,particularly within the CF, which is believed to be delaying the law’s progressand backtracking on prior commitments made to Sunni forces to secure theirsupport for the new government.
Sunni blocs conditioned the passageof this law during negotiations to form the State Administration Coalition,which included the CF, and Kurdish and Sunni blocs, leading to Al-Sudani'sgovernment. Sunni MPs maintain that the government’s program includes enactingthe Amnesty Law, canceling security checks in their provinces, and addressingthe suspension or abolition of certain entities that have contributed tosignificant tensions.
