Despite Many Obstacles that Remain, ‘Iraq Today Is More Secure, Stable and Open’, Special Representative Tells Security Council
With its recent national census and long-overdue parliamentary elections in the Kurdistan Region, Iraq is secure and stable despite the obstacles it faces, the senior United Nations official in the country told the Security Council today as speakers expressed concern over proposed changes to the country’s Personal Status Law and its impact on women and children.
“Today’s Iraq is not the same as the Iraq of 20 years ago, or even five years ago,” said Mohamed al Hassan, Special Representative of the Secretary-General and Head of the United Nations Assistance Mission for Iraq (UNAMI), briefing the 15-member organ for the first time and presenting the latest Secretary-General’s reports on key developments in the country since May (document S/2024/844) as well as on progress on the issue of missing Kuwaiti and third-country nationals and Kuwaiti property (document S/2024/857). “A major milestone was the successful conduct of the national census on 20 November, which I had the opportunity to watch live together with the Prime Minister,” he said, pointing out that preliminary results from the first census to include the Kurdistan Region since 1987 indicate a doubling of the population in 30 years to more than 45 million people. “Decision makers will now be able to plan based on reliable facts and figures,” he said.
On the security front, despite the region “on fire”, Iraq’s Government has shown resolve in staying out of the widening regional conflict while standing firm as a strong voice for regional peace and stability, he continued, citing Prime Minister Mohammed Shia' Al Sudani’s consistent calls for an end to regional tensions. Turning to the Kurdistan Region of Iraq, he noted that parliamentary elections took place after two years of negotiations and delays, re-establishing the legitimacy of the Region’s institutions. With 2 million people casting their votes, voter turnout reached 72 per cent, an increase of 12 per cent over the previous elections, he said, also highlighting that “out of the 100 parliamentary seats, women secured 31 seats, more than the minimum quota of 30 per cent”.
However, such positive developments are tempered by persistent and systemic corruption, he said, underscoring that “while public debate on corruption is frequent, and politicians engage widely on the topic, the issue continues to prevail in Iraq’s socioeconomic life”. Therefore, he called for reforms to bolster accountability, promote competency, improve transparency and fortify governance systems, voicing regret that the selection of a new Board of Commissioners for the Iraqi High Commission for Human Rights is still pending. On the proposed amendments to Iraq’s Personal Status Law, he cited his engagement with Iraqi stakeholders, stressing that any reforms align with the country’s international human rights commitments.
Turning to the issue of missing Kuwaiti and third-country nationals, on which UNAMI continues to participate as observer through the Tripartite Mechanism chaired by the International Committee of the Red Cross (ICRC), he called for redoubled efforts to identify and excavate potential burial sites and for the search for missing Kuwaiti property, including the national archives, to be expedited. A potential follow-on mechanism is being explored, should outstanding issues remain unresolved upon termination of UNAMI’s mandate, in line with the Council’s request, he added. On UNAMI’s transition and liquidation plan, he stated that his Office is working with Iraq’s Government, UN Headquarters and the UN country team to finalize the plan for submission to the Council by 31 December 2024.
Council members also heard from Hanaa Edwar, President of Iraqi Al-Amal Association, who expressed concern over the proposed amendments to Law 188 [of 1959], the Personal Status Law guaranteeing personal, religious rights to women and children. The proposed changes undermine the foundations of the law, replacing it with a “doctrinal code of unknown content” that abolished the rights of women to divorce, alimony, custody and inheritance as well as legalized child marriage and marriage outside civil courts, all of which ran contrary to Iraq’s international obligations as well as its own Constitution, she warned, citing the grave concern voiced by UN experts in this regard.
Therefore, on behalf of her colleagues in Coalition 188, a civil society group formed to defend the existing Personal Status Law, she called on Baghdad to immediately withdraw its proposed amendments and not to not vote on them as they are part of a “basket” of controversial laws, such as one of general amnesty. This would, in effect, “release prisoners accused of terrorism and corruption while incarcerating women in patriarchal prison”, she stressed, calling on the Government to open space to discuss addressing problematic aspects of the present law and to pass laws against domestic violence and for child protection. “We will not go back; we will continue our struggle to bring a State of equal citizenship that embraces diversity and social justice,” she said.
In the ensuing discussion, several Council members welcomed the positive strides by Baghdad, including the representative of France, who praised the holding of parliamentary elections in the Kurdistan autonomous region, which represents an important political step — the next step will be the formation of the regional government. Calling for continued dialogue between Baghdad and Erbil, particularly regarding the sharing of oil revenues and security issues, he commended Iraq’s implementation of a reform agenda led by its Prime Minister. Iraq must continue to diversify its economy and fight corruption and impunity, he said.
“High voter turnout testifies to the growing public trust in democratic institutions,” echoed Mozambique, also speaking for Algeria, Guyana and Sierra Leone, welcoming progress made by Baghdad while underscoring the need for all parties to prioritize inclusive and effective governance. He went on to voice concern over rising regional tensions, underscoring the importance of respecting Iraq’s sovereignty “amidst the complex dynamics in the region” — a point echoed by the representatives of Ecuador and Switzerland, with the latter stressing that “it remains important for Iraq to fully control the use of force throughout its territory”.
Slovenia’s delegate concurred that the country must not get dragged into wider regional escalation, reversing hard-earned progress, adding: “Iraq should not be used by regional players as a space to settle scores.” Calling on its Government to maintain its commitment to reforms that include protecting human rights, fighting corruption and building democratic institutions, he also highlighted how climate change has become a major risk multiplier for Iraq's stability.
Echoing such concerns, the delegate of the Russian Federation stressed that the agreements reached on the phased withdrawal of “the U.S.-led so-called Global Coalition to defeat ISIS” must be timely implemented. Delaying this process, as well as the presence of foreign troops in Iraq, is a “destabilizing factor” and adversely impacts the already fraught regional situation, he emphasized, objecting to any interference in Baghdad’s internal affairs. “In the 20 years of its existence, UNAMI has fully realized its potential in rebuilding and strengthening Iraqi State institutions,” he said, adding that his delegation looks forward to the joint plan, which should be agreed by the end of 2024, for the Mission’s drawdown and technical liquidation, scheduled for 31 December 2025.
The United Kingdom’s delegate was among several speakers urging the Government of Iraq to forge progress on the Kuwait missing persons and property file, citing his country’s membership in the Tripartite Commission for the Missing from the First Gulf War. Welcoming Mr. Al Sudani’s personal commitment to this issue, he voiced hope that the transitional period provides Iraq with an opportunity to demonstrate tangible progress.
In a similar vein, the representative of the United States, Council President for December, speaking in his national capacity, also underscored that more needs to be done on missing Kuwaiti nationals and their property, adding that his country “understands the importance of identifying missing persons and repatriating their remains, based on its own experience from the war in Viet Nam and, more recently, at the World Trade Center here in New York City”. Given the importance of Iraq-Kuwait relations for regional stability, it is necessary to consider a mechanism as appropriate to support progress on this. High-level engagement is sometimes required to spur progress, and his country will continue to provide strategic support, he said, noting that it has provided new satellite images for the identification of four potential burial sites in Iraq.
Similarly, Japan’s delegate, echoing that the resolution of this problem is important for lasting peace and reconciliation between Iraq and Kuwait, pointed out that “the task of searching for those who went missing or died during the war is not an easy one and will require a lot of time and effort” such as obtaining aerial photographs and conducting detailed DNA testing. He underscored that Iraqi authorities must make every effort to resolve this issue and consider options for a mechanism that provides continuous reporting.
Malta’s delegate was among several speakers voicing concern over the proposed amendments to the Personal Status Law that would legalize child marriage and remove critical protections for divorced women. He called on Iraq to ensure that any amendments to the Personal Status Law align with its international human rights obligations — an appeal echoed by several other delegations. The Republic of Korea’s delegate, adding to that, urged a more effective implementation of the 2021 Yazidi Survivors’ Law to ensure accountability for Da’esh atrocities and securing survivors’ reparations.
Speaking towards the end of the meeting, Iraq’s representative outlined recent positive developments in his country, including parliamentary elections conducted in the Kurdistan Region, anti-corruption and social reforms, and the first national census held in 37 years. On the latter, he highlighted the assistance of UNAMI and the United Nations Population Fund (UNFPA), stating that the census would help understand the population’s needs and distribute resources fairly. On relations between Baghdad and Erbil, he said they made progress on outstanding issues, including the budgetary allocation for oil revenue sharing and regional security, pointing to high-level meetings on the resumption of oil exports, halted in March 2023. On the security front, including counter-terrorism, he highlighted notable progress, including by Iraqi security forces, through enhanced border control and improved intelligence sharing, also citing support of the United States military, which will help curb the need for foreign interventions.
In that context, he rejected the use of his country’s airspace or bases to launch military interventions on any country, citing his delegation’s 29 October 2024 letter on Israel’s violation of his country’s sovereignty in its attack on Iran. He also cited diplomatic progress on “issues of mutual interest, including sensitive issues” between his country and Kuwait, adding that Iraqi officials are working to address challenges, including those involving Kuwaiti remains. In that context, he pointed to a joint initiative analysing satellite pictures and conducting ground missions to collect evidence and identify burial sites. On UNAMI’s transition and liquidation phase, he underscored his Government’s full cooperation, including through the provision of necessary security assistance, until it closes at the end of 2025.
“We need to expose any delays or hesitation or procrastination that would obstruct progress on this file,” urged the representative of Kuwait, noting ongoing efforts in the follow-up, search and identification of the remains of the remaining missing 308 persons. The level of delays on the ground is “well known”, he said, pointing to “the reluctance by some” to advance in the search and identification process related to this matter, which should not be politicized. Regarding the establishment of a UN mechanism that advances this process, he voiced support for the UN’s reappointment of a high-level coordinator who would focus separately on this file relating to prisoners, missing persons and property. Pointing to other setbacks, such as the cancellation of several agreements concerning protocol, reciprocal security and maritime navigation, he called on his “brothers in Iraq” to rectify the legal status of the agreements and resume the planned meetings.