Hammurabi Human Rights Organization held its first conference in cooperation with the International Christian Solidarity Organization on Friday/ 9/ November/ 2012 under the slogan "Towards Enhancing the Freedom of Belief in Iraq" in the attendance and participation of more than 25 Christian personalities of clergymen, experts in law, lawyers, judges, researches in social sciences and activists in the field of human rights.
The conference which was held in Nineveh Plain/ Alqosh Township, North of Mosul discussed the necessary amendments pertaining the Christians in the two laws of Civil Status and Personal Affairs. The attendance in the first session discussed article Twenty One, paragraph Three of the Civil Status Law which stipulated "the minor children in religion follow who adapts the Islamic religion of the parents) which forms a problem suffer from it hundred of Christian families and non-Christian families of the minorities such as the Izidies and Mendian Sabians, where the minor children are considered Moslems according to the islamization of one of the parents and this is registered and indicated in the Civil Status records without the knowledge of the minor, and the indication process is transformed to entry on his Civil Status register being unable to change the space of religion at all, because the matter is considered apostasy from Islamic religion.
The conference also discussed in its second session, the possibility of putting unified law of Personal Affairs for the Christians or performing amendments to the valid law in what is suitable with the particularity of Christians and others of the non-Moslem components such as Izidies and Mendian Sabians.
The participants in their discussions started based on number of the Iraqi constitution articles which emphasize on the freedom of belief and legal provisions contradicting with the concepts in the Islamic Sharia itself which emphasize on the principle of no coercion in religion.
Article Two: Second emphasize "on ensuring full religion rights to all individuals in the freedom of religion and the religious practice, as Christians Izidies and Mendian Sabians, and article 14 stipulates (that Iraqis are equal before the law without discrimination due to gender, ethnicity, nationality, origin, color, religion, sect, belief or opinion), and article 37 the state guaranties the protection of individual from intellectual, political and religious coercion, and article 41 "the Iraqis are free in completely in their Personal Affairs, according to their religion, sects, beliefs or choices" and article 42 'each individual has the freedom of thought, conscience and belief, while article 13: first: stipulates that "the Iraqi constitution is considered the superior and highest law in Iraq".
The participants emphasized that considering the minor a Moslem is contradicting with the provisions of valid laws being not of full legal eligibility, therefore it is not possible for him to perform legal dispositions, the Iraqi Civil Law, article 46 of it considered that who does not reach the age of maturity (18 years) is looking eligibility and considering the minor a Moslem is contradicting with the lawful principle which stipulates (no coercion in religion).
The attendance discussed the Personal Affairs Law No. 188 for the year 1959 amended especially the provisions of article 2 of it which indicate that the provisions of the law apply on Iraqis unless who are excepted of them in special law, and whilst the Christians in Iraq do not have special law organizing their Personal Affairs, therefore the provisions of this law apply to them in all its provisions concerning the eligibility, marriage, dissolution, recalcitrance, marital house, obedience house, alimony, nursing of the child, disposition in the will and the provisions of inheritance, while they differ for instance but not limited to in the provisions of the will in the church laws from their similar in the valid Personal Affairs Law 188 for the year 1959 amended, and also regarding the provisions of inheritance and the method of dividing the inheritance according to provisions of Islamic Sharia, and the matter of the Moslem inheriting the non-Moslem and the impossibility of the reverse, which is considered contrary to the constitution for all being equal in rights and duties.
The attendance indicated that in spite of the Personal Affairs Court is directed in the Church Courts of such sect and according to need, however that occurs in limited cased as in the divorce as well as applying the provisions of article 16 of the Courts declaration No. 6 for the year 1917 concerning the referral to one of the spiritual scholars.
In the last session, the attendance stopped at the conclusions resulted from the deep discussions and the objective and responsible interjections, and they were summarized in two recommendations to be discussed in the second conference which will be held in December in the participation of experts, clergymen, legalists and researches from various Iraqi religions components and following are the recommendations which the conference concluded.
The Recommendations:
1-Expediting the amendment of paragraph 3 of article Twenty One of Civil Status Law according to what is mentioned in the suggestion of the Ministry of Human Rights and making it "the minor children stay on their religion provided that they are granted the right to choose the religion after they reach the age of maturity.
2-Forming committees to study the mechanism of agreeing on a draft of unified Personal Affairs Law for the Christians of Iraq together with depending on the two drafts already prepared by the experts and legalists which will be submitted to the committees.
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