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From Chaos to Law.. The Crowd Breathes with the First Reading of “Service and Retirement”
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2024-07-25 13:58
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2024-07-25 13:58
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Shafaq News/ The draft law on service and retirement for the Popular Mobilization Authority, which the Iraqi Parliament completed its first reading in its session held under the chairmanship of the Acting Speaker of the Council, Mohsen Al-Mandalawi, and attended by 194 MPs, yesterday, Wednesday, was praised by legal experts, especially since the Popular Mobilization is the only security apparatus that has not been granted a "service and retirement" law. They stressed that this law will move the Popular Mobilization "from some legislative chaos" due to the absence of texts regulating employment matters, retirement, and others, to specific and organized texts to which everyone is subject "with some exceptions."
Nature of formation
At the outset, the member of the Legal Committee in the Iraqi Council of Representatives, Raed Al-Maliki, noted that “the unified retirement law is not a law for military agencies, as the service and retirement law for the internal security forces differs from what exists in civilian jobs, in addition to the fact that some provisions of service and employment differ between the Ministry of Defense, Intelligence, National Security, and others, so the nature of the formation may require a difference in provisions, but this difference is not total. It is true that the law may have an independent name and privacy, but the provisions as a content contain a lot of similarity and unification of legal principles.”
Al-Maliki added to Shafaq News Agency, "The law was read for the first time yesterday, Wednesday, and it needs sessions and workshops, after which it will be read for a second time and subject to discussion and comments, and after that it will be voted on, and as much as we are interested in expediting the legislation of this law, we are interested at the same time that the law comes out in a model form and meets the conditions."
He continued: "I am not saying that the draft and the draft law that came to Parliament meets all these conditions, but there will certainly be comments and amendments to it in order to unify all similar provisions in terms of terminology, employment and retirement, and therefore there is no problem with the existence of a special or independent law in this regard."
He stressed that "there has been no objection to the law so far, although objections appear during discussion and the discussion has not taken place yet, but sometimes there are comments due to political differences or otherwise, as in the position of Halbousi, which was towards the head of the Popular Mobilization Authority, but it was understood against the Popular Mobilization Authority or against the law. In fact, it was against the administrative presidency of the Mobilization and the leadership of the Mobilization more than it was against the law. As for the law, comments and amendments can be submitted and taken into account."
Halbousi attacks Al-Fayyadh
Last Tuesday, the head of the Progress Party, Mohammed al-Halbousi, attacked the head of the Popular Mobilization Authority, Faleh al-Fayyadh, warning against using the retirement and service law for members of the Mobilization for electoral purposes.
Al-Halbousi said in a tweet he posted on his page on the ( X) website , which Shafaq News Agency reviewed, "I did not find a binding text in the new draft law related to service and retirement for the Popular Mobilization Forces, which strikes the principle of independence of the military and security services stipulated in the constitution, and forces us to have the head of the authority be the head of a political party that runs and uses the authority and its forces according to its vision and political approach."
He added, "I also did not find a clear and explicit text that allows the head of the Ataa Party (Faleh Al-Fayyadh) to use that institution for his partisan and private purposes, far from the constitutional goals and duties of maintaining security and defending the country and the people."
Al-Halbousi continued, "I also did not find a text that allows them to threaten the members of the tribal and popular mobilization with dismissal and expulsion to force them and their families to vote for a specific candidate who belongs to a bloc or candidate, except for a simple, loose text in Article 32 of the law that allows the head of the commission to refer the member to compulsory retirement if his incompetence is proven. Will they use this text for unacceptable electoral and political gain?"
The only device without a law
“The Popular Mobilization Forces are the only apparatus that has not been approved for a service and retirement law, as it is an institution affiliated with the Prime Minister’s Office. As for the service and retirement law for the security services, it differs between the security institutions such as the National Security and Intelligence and others. Recently, the Iraqi Intelligence Law was approved, and a few months ago the service and retirement law for the National Security Service was approved,” according to the researcher in security and political affairs, Ghanem Al-Aifan.
Al-Aifan explained, during his interview with the agency, that "this law came to regulate the rights of fighters because until now no law has been enacted for the crowd, and therefore there is no discrimination in approving this law, but there is a need considering that it is the only apparatus that has not been regulated by a law."
"beautiful comment"
In turn, the legal expert, Ali Al-Tamimi, said, “The draft law for the service and retirement of members of the Popular Mobilization Forces consists of 78 articles, and it stipulates many details. I see it as a very good law that greatly serves the members of the Popular Mobilization Forces, for the sacrifices they have made in defending the homeland and ending the terrorist ISIS. They deserve such laws that serve all members of the Popular Mobilization Forces.”
Al-Tamimi explained to Shafaq News Agency, "The draft law stipulates promotion, allowance, retirement, promotion, addressing the conditions of the wounded, their rewards, referring them to retirement, salaries of martyrs, and allocations for successors. Therefore, I see it as a very good draft law that repays the Popular Mobilization Forces for the sacrifices they made in fighting the terrorist ISIS."
"From Chaos to Texts"
As for the constitutional law professor, Musaddiq Adel, he explained that “the enactment of a special law for the Popular Mobilization Forces comes to preserve the privacy and identity of the Mobilization Forces, and to implement the Mobilization Forces Authority Law 40 of 2016, which stipulates that the legal, financial and organizational status of fighters within the Mobilization Forces Forces be adapted in a manner consistent with military laws. Therefore, the law will provide many advantages, whether for those who continue in service or for the martyrs or wounded.”
Adel, during his talk to the agency, saw that "the service and retirement law for the Popular Mobilization Forces will organize everything related to the affairs of the functional service of the martyrs, the wounded, and those who continue in service since the issuance of the Diwani order on June 11, 2014 until today, and thus it will address the retirement rights and the martyrs in not receiving their rights in advance, meaning after implementing this law there will be no differences between the officer in the armed forces in the army or the Popular Mobilization Forces, as well as for the member with regard to his rights and allowances for martyrdom and children and other matters."
He explained that "the Popular Mobilization Forces are currently a sum of money with no statistics, and a fighter in the Mobilization Forces cannot move from the Mobilization Forces Authority to any other security agency, because he does not have financial cover in the Ministry of Finance. This is why the law came to institutionalize the Mobilization Forces as a legal military institution that stands side by side with the Iraqi armed forces."
He explained that "this law will move the Popular Mobilization Forces from some legislative chaos due to the absence of texts that regulate employment matters, retirement, and others, to specific and organized texts that everyone is subject to, with some exceptions that take into account the double jihadist service during the war against ISIS and other matters that do not affect the military nature of the Popular Mobilization Forces."
He concluded by saying, "The Popular Mobilization fighters do not have a statistical number or a financial specialization in the Ministry of Finance, so the cases of dismissal and isolation will decrease with the legislation of the Service and Retirement Law because it will require an investigative council and a decision from the head of the authority and informing the Ministry of Finance and many procedures that will provide guarantees for Popular Mobilization fighters."
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Nature of formation
At the outset, the member of the Legal Committee in the Iraqi Council of Representatives, Raed Al-Maliki, noted that “the unified retirement law is not a law for military agencies, as the service and retirement law for the internal security forces differs from what exists in civilian jobs, in addition to the fact that some provisions of service and employment differ between the Ministry of Defense, Intelligence, National Security, and others, so the nature of the formation may require a difference in provisions, but this difference is not total. It is true that the law may have an independent name and privacy, but the provisions as a content contain a lot of similarity and unification of legal principles.”
Al-Maliki added to Shafaq News Agency, "The law was read for the first time yesterday, Wednesday, and it needs sessions and workshops, after which it will be read for a second time and subject to discussion and comments, and after that it will be voted on, and as much as we are interested in expediting the legislation of this law, we are interested at the same time that the law comes out in a model form and meets the conditions."
He continued: "I am not saying that the draft and the draft law that came to Parliament meets all these conditions, but there will certainly be comments and amendments to it in order to unify all similar provisions in terms of terminology, employment and retirement, and therefore there is no problem with the existence of a special or independent law in this regard."
He stressed that "there has been no objection to the law so far, although objections appear during discussion and the discussion has not taken place yet, but sometimes there are comments due to political differences or otherwise, as in the position of Halbousi, which was towards the head of the Popular Mobilization Authority, but it was understood against the Popular Mobilization Authority or against the law. In fact, it was against the administrative presidency of the Mobilization and the leadership of the Mobilization more than it was against the law. As for the law, comments and amendments can be submitted and taken into account."
Halbousi attacks Al-Fayyadh
Last Tuesday, the head of the Progress Party, Mohammed al-Halbousi, attacked the head of the Popular Mobilization Authority, Faleh al-Fayyadh, warning against using the retirement and service law for members of the Mobilization for electoral purposes.
Al-Halbousi said in a tweet he posted on his page on the ( X) website , which Shafaq News Agency reviewed, "I did not find a binding text in the new draft law related to service and retirement for the Popular Mobilization Forces, which strikes the principle of independence of the military and security services stipulated in the constitution, and forces us to have the head of the authority be the head of a political party that runs and uses the authority and its forces according to its vision and political approach."
He added, "I also did not find a clear and explicit text that allows the head of the Ataa Party (Faleh Al-Fayyadh) to use that institution for his partisan and private purposes, far from the constitutional goals and duties of maintaining security and defending the country and the people."
Al-Halbousi continued, "I also did not find a text that allows them to threaten the members of the tribal and popular mobilization with dismissal and expulsion to force them and their families to vote for a specific candidate who belongs to a bloc or candidate, except for a simple, loose text in Article 32 of the law that allows the head of the commission to refer the member to compulsory retirement if his incompetence is proven. Will they use this text for unacceptable electoral and political gain?"
The only device without a law
“The Popular Mobilization Forces are the only apparatus that has not been approved for a service and retirement law, as it is an institution affiliated with the Prime Minister’s Office. As for the service and retirement law for the security services, it differs between the security institutions such as the National Security and Intelligence and others. Recently, the Iraqi Intelligence Law was approved, and a few months ago the service and retirement law for the National Security Service was approved,” according to the researcher in security and political affairs, Ghanem Al-Aifan.
Al-Aifan explained, during his interview with the agency, that "this law came to regulate the rights of fighters because until now no law has been enacted for the crowd, and therefore there is no discrimination in approving this law, but there is a need considering that it is the only apparatus that has not been regulated by a law."
"beautiful comment"
In turn, the legal expert, Ali Al-Tamimi, said, “The draft law for the service and retirement of members of the Popular Mobilization Forces consists of 78 articles, and it stipulates many details. I see it as a very good law that greatly serves the members of the Popular Mobilization Forces, for the sacrifices they have made in defending the homeland and ending the terrorist ISIS. They deserve such laws that serve all members of the Popular Mobilization Forces.”
Al-Tamimi explained to Shafaq News Agency, "The draft law stipulates promotion, allowance, retirement, promotion, addressing the conditions of the wounded, their rewards, referring them to retirement, salaries of martyrs, and allocations for successors. Therefore, I see it as a very good draft law that repays the Popular Mobilization Forces for the sacrifices they made in fighting the terrorist ISIS."
"From Chaos to Texts"
As for the constitutional law professor, Musaddiq Adel, he explained that “the enactment of a special law for the Popular Mobilization Forces comes to preserve the privacy and identity of the Mobilization Forces, and to implement the Mobilization Forces Authority Law 40 of 2016, which stipulates that the legal, financial and organizational status of fighters within the Mobilization Forces Forces be adapted in a manner consistent with military laws. Therefore, the law will provide many advantages, whether for those who continue in service or for the martyrs or wounded.”
Adel, during his talk to the agency, saw that "the service and retirement law for the Popular Mobilization Forces will organize everything related to the affairs of the functional service of the martyrs, the wounded, and those who continue in service since the issuance of the Diwani order on June 11, 2014 until today, and thus it will address the retirement rights and the martyrs in not receiving their rights in advance, meaning after implementing this law there will be no differences between the officer in the armed forces in the army or the Popular Mobilization Forces, as well as for the member with regard to his rights and allowances for martyrdom and children and other matters."
He explained that "the Popular Mobilization Forces are currently a sum of money with no statistics, and a fighter in the Mobilization Forces cannot move from the Mobilization Forces Authority to any other security agency, because he does not have financial cover in the Ministry of Finance. This is why the law came to institutionalize the Mobilization Forces as a legal military institution that stands side by side with the Iraqi armed forces."
He explained that "this law will move the Popular Mobilization Forces from some legislative chaos due to the absence of texts that regulate employment matters, retirement, and others, to specific and organized texts that everyone is subject to, with some exceptions that take into account the double jihadist service during the war against ISIS and other matters that do not affect the military nature of the Popular Mobilization Forces."
He concluded by saying, "The Popular Mobilization fighters do not have a statistical number or a financial specialization in the Ministry of Finance, so the cases of dismissal and isolation will decrease with the legislation of the Service and Retirement Law because it will require an investigative council and a decision from the head of the authority and informing the Ministry of Finance and many procedures that will provide guarantees for Popular Mobilization fighters."
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