The law on the annulment of the decisions of the Revolutionary Leadership Council has been repealed (The bill to return property to their owners in some decisions of the Revolutionary Leadership Council (canceled))

summary
– After the fall of the former Iraqi regime, the issue of abolishing the policies, laws and decisions of the regime in the field of demographic change, has been one of the issues that have been worked on at different times, but without much result.
– Within the framework of paying attention to this big issue as a national issue, especially the issue of returning the ownership of thousands of acres of land to Kurdish citizens living in Kirkuk and the conflict areas, we have taken this case to the Federal Supreme Court.
– After this step and largely under pressure to raise the case in the Federal Court, a bill was submitted to the House of Representatives by the federal government, which included a number of mines to abort the return of all property to its owners. Therefore, we assisted the Kurdish representatives in the House of Representatives to resolve the issues of the bill.
– After much debate and several meetings, the bill was voted on and became law, but there is still no certainty about its content.
– If this law was voted on the basis of the proposals of the Legal Committee of the House of Representatives, then by all measures it is historical and we can say that it will heal part of the wounds of genocide and Anfal. At the same time, it will provide some transitional justice and increase the opportunities for peaceful coexistence in the conflict areas. If the law is voted on as it came from the government, it will be another deep wound in the continuation of the policies of the previous regime and the failure to resolve the problems in the conflict areas.
– Now, after the adoption of this law, it is the duty of the Kurdish officials in the federal government to determine the measures to implement the law as a team, especially since the Iraqi Ministry of Justice is with the Kurds
Historical Background:
The former Iraqi regime, in the mid-1970s, began to issue several laws to occupy Kurdish and Turkmen lands and distribute them to imported Arabs in the region They were brought from other parts of Iraq to Kirkuk province and all other disputed Kurdish cities.
In Article 23 of the current Iraqi Constitution, private property is protected and prohibited from being occupied except for the public interest and in exchange for fair compensation in accordance with the law. It also prohibits the confiscation of property for the purpose of demographic change. The Iraqi government recognizes in Article 58 of the State Administration Law and Article 140 of the Constitution that the Iraqi institutions and authorities must work to end the oppression of the former Iraqi regime to change the demographics in Kirkuk and other conflict areas. But successive Iraqi governments have avoided fulfilling their constitutional responsibilities since the fall of the previous regime. However, the Kurdistan Regional Government and those who have held positions and responsibilities in Baghdad in the past have neglected to put effective pressure on the implementation of these constitutional articles.

Legal and judicial action:
As the first legal step to address this historic injustice, the federal government passed a bill in 2014 to repeal the ASS decisions and sent it to the House of Representatives for legislation. The bill went to second reading in the third session of the House of Representatives, but then stopped being legislated (see the text of the bill in Annex 1). The bill was a comprehensive, clear and very good bill, and if the legislative process had been completed, it would have solved many of the problems. However, it appears that it did not become law due to political and ethnic conflicts in the House of Representatives.

Therefore, in late 2022, we began to investigate this case, and finally in a joint national work and away from any party bias, with the Kurdish MP of Kirkuk Ms. Dilan Ghafoor and advisory lawyer M. Zardasht Khalid Mohammed and several personalities of Daquq and Sargaran areas, especially Mr. Sheikh
Najat Talabani, Sheikh Ezadin Ghazi, Mohammed Hama Amin Sadiq, Ghafoor and Dashti Khazr Jamil, on (19-6-2023) we filed two lawsuits in the Federal Supreme Court regarding this case In detail, during the thirteen hearings in the case, together in the spirit of a team, thank God we overcame all the obstacles (we will save the story of these two lawsuits for another opportunity).
During the hearing of our two lawsuits, the federal government sent a bill to the House of Representatives called the Return of Property to Owners Bill, which was different from the 2014 bill. The House of Representatives held its first reading on April 27, 2024 and the second reading on May 9, Although the continuation of the hearings in our case in the Federal Supreme Court had created serious pressure to pass the bill contrary to the fate of the third session of the House of Representatives, but the bill that was submitted to parliament It would be empty and make it very difficult to return the land to its owners. For example, the bill did not repeal the decisions of the ASS and anyone who wanted to take back his land had to prove that the discrimination of Article 2 of the bill would not apply to him. Thus, legal and judicial treatment was required for all property, because the basis for the occupation of property, which was the decisions of the ASS, could not be cancelled. The approval of this bill would be similar to Article 11 of Article 7 of the Property Claims Board Law No. 13 of 2010, which links the return of any property to not being requested by the ministry in its name a property

1.See the text of the bill on the House of Representatives website at:
https://iq.parliament.iq/law/frm_file/aWQ6MjI4MXxmaWxlbmFtZTpvX2hfYmFja18yMDI0LnBkZg==
or see Annexure No.
2.See the text of the House debate on the bill at:

Whether they need it or not! Therefore, since the enactment of this law, no property in the conflict areas has been returned to its owner through this committee.
After consulting with experts, as MASS on 11-5-2024 we sent a letter to the two Deputy Speakers of the House of Representatives and all Kurdish factions and the Chairman of the Legal Committee of the House of Representatives Khanaqin and Mandali (see text of the document in Annex 3). Fortunately, the Chairman of the Legal Committee, Kurdish members of the Legal Committee, all Kurdish factions, the Turkmen Front faction and the Deputy Speaker of the House of Representatives made great efforts to address the shortcomings of the bill. Some ministers and some Arab factions tried to return the bill to the government bill, but the insistence of the Legal Committee, the Deputy Speaker and Kurdish MPs in general prevented this to the point of fighting in the House of Representatives. The vote on this bill was then linked to the vote on the Official Holidays Bill and the General Amnesty Bill. After the passage of the official holidays law, the other two bills were linked to the vote on the (Personal Status Law Amendment Bill), and finally in several sessions voted on the provisions of all three bills were approved.
It is not yet confirmed whether the proposals of the Legal Committee were put to the vote or the government text, because the text of the bill has not yet been published as voted on. The vote on the bill was postponed several times and the vote on the articles and the whole bill was held in several sessions. Even in one of the sessions (session 29-10-2024) only voted on changing the title of the bill and then the session was disrupted and postponed, then in the session 2-12-2024 voted on the articles of the bill.
3. See the total session of the House of Representatives 21- 1- 2025, which lasted six minutes, at this link:

There were two main factors that prevented the fate of this bill from being the same as that of the third session of the House of Representatives. The first was the two lawsuits in the Federal Supreme Court regarding two decisions. However, through the mines in the government bill, on the one hand, our case in the Federal Supreme Court was disrupted, and on the other hand, the occupation of the lands and the decisions of the ASS continued! Instead of supporting and cooperating, some of us were even tried to cool down from continuing the case in the Federal Supreme Court!
The second factor was the linking of the bill to two other bills that are important to the other two main communities in Iraq. Although the amendment to the personal status law demanded by the Shiites is a bad and backward law and creates great chaos for the courts and family stability, but the land issue is more important for us A modern way to ensure family stability and the rights of all family members.
Conclusion:
We hope that the proposals of the Legal Committee were approved during the vote on the articles of the law on the annulment of the decisions of the ASS, especially since the vote on the whole bill was read as the law on the annulment of the decisions of the ASS. The abolition of these decisions is historic by all measures and will lead to the return of rights to the rightful owners and thus a part of transitional justice will be achieved, which will increase the opportunities for peaceful coexistence in the conflict areas. At the same time, it is the beginning of ending the policy of demographic change and genocide of the Kurdish people that has been going on for fifty years and has been left unresolved.
If this law is voted on as it should be, then we can say that it will heal part of the wounds of genocide and Anfal, because we must not forget that the beginning of the genocide of the Kurdish people began with deportation and Arabization. If the law is with him

If the form of the government is voted on, it will be another deep wound in the continuation of the policies of the previous regime and the failure to resolve the problems in the conflict areas.
Now that the law has been passed, it is the duty of Kurdish officials in the federal government to seek its immediate implementation. Look how the Speaker of the House of Representatives went to the Speaker of the Judiciary every day after the passage of the amnesty law and even before it went into effect to discuss the measures to implement the law. Therefore, it is the duty of the Kurdish officials in Baghdad not to neglect and, as a team to identify and implement the measures to implement the law, especially since the Iraqi Ministry of Justice is with the Kurds.

However, the judicial struggle will continue, especially as a number of members of the House of Representatives want to appeal the session(21-1-2025).

4. See the news link :
https://iq.parliament.iq/blog/رئيس-مجلس-النواب-يبحث-مع-رئيس-مجلس-القض/

5.See also :
https://m.facebook.com/story.php?story_fbid=pfbid0CEifRg4VJDv8GooKrApidjbhAb4b4o7KvKwmsCdaaK6saU8QU5574n7WbwordrpWl&id=100086751675647&mibextid=wwXIfr