Yazidi Female Survivors Law details

INA - BAGHDAD

Iraqi Media Network posted the full details of the Presidential issuance of Yazidi Female Survivors Law as the following:

In the name of the people

The Presidency

In accordance with the provisions of subsection (1) of Article (61) and item (III) of Article (73) of the Constitution.

The President decided on  - -2019

Issuing of the following law:

No. (2019)

Yazidi Female Survivors Law

Article (1) For the purposes of this Law, the following terms shall have the meanings assigned to each of them.

First: Yazidi female survivors - Yazidi women who were kidnapped by ISIS terrorist gangs after 10-6-2014 and then released.

Second - Directorate - General Directorate of the Yazidi Female Survivors

Article 2: This law shall apply to the Yazidi female survivors who were kidnapped by the terrorist gangs of ISIS after 10-6-2014 and released after this date.

Article (3) First: Establish a Directorate to care about survivors’ affairs, which shall be associated to the General Secretariat of the Council of Ministers, and shall be based in Nineveh Governorate.

Second: the General Directorate, stipulated in in item (i) of this Article, shall be headed by an employee who holds a rank of (General Manager) from the Yazidi community, and holds a preliminary university degree in the field of his specialization and has experience and practice in his field of work, and be appointed by the Council of Ministers.

Third: The General Directorate has a moral personality and financial and administrative independence represented by the Director General or his authorized representative.

Article 4 - This law aims to:

First: compensation of female survivors financially and morally.

Second: Rehabilitation and caring about the female survivors.

Third: Securing a decent life for survivors.

Fourth: restoration and rehabilitation of infrastructure for female survivors' areas.

Fifth: Preparing the means to integrate the female survivors into society.

Article 5: The Directorate shall carry out its objectives by the following means:

First, counting and preparing data about the female survivors.

Second: Providing the required care for the female survivors.

Third: Providing safe haven and appropriate housing for their accommodation.

Fourth: addressing the legal situation for children who are born from surviving mothers in accordance with the law.

Fifth: Providing educational opportunities for female survivors and their children.

Sixth: Securing employment and operation opportunities to empower female survivors to achieving economic and social well-being.

Seventh: Opening health centers to treat female survivors.

Eighth: Opening health clinics for rehabilitating female survivors psychologically, socially and vocationally.

Article 6: The laws shall be applicable to the newborn from Yazidi female survivor.

Article 7: A primary court shall be established in the center of Sinjar District to deal with the civil status of the newborn from Yazidi female survivor.

Article (8) First: The female survivor who is covered by the provisions of this law shall be paid a monthly salary not less than twice the minimum pension stipulated in the Unified Retirement Law No. 9 of 2014.

Second: Those covered by the provisions of this law shall be granted a piece of residential land, except for the provisions of the laws and decisions of the (dissolved) Revolutionary Command Council or a free of charge housing units.

Third: Those covered by the provisions of this Law shall be entitled to return to study, and shall be exempted from the condition of age and average of grades.

IV. Priority shall be given in the appointment for the State’s public employment to female survivor.

Article 9: The crimes committed against female survivors shall be considered genocide crimes to be brought to the attention of competent international forums and organizations as well as criminal proceedings shall be filed against the perpetrators of such crimes.

Article 10 - First - The date of 3/8 / of each year is considered as national day to highlight what had happened to the female Yazidis of crimes and to provide the visual, written, and read media outlets with programs specially made for this date to illustrate what the groups of terrorism have done of abuse, oppression, exile, and forcible displacement of female Yazidis.

Second: The Ministry of Culture, the Mayoralty of Baghdad and the respective authorities shall take the necessary measures to perpetuate the victims of the Yazidis and to establish monuments, statues and exhibitions on this occasion.

Article 11 - First - The perpetrators of the crime of abduction and enslavement of the female Yazidis shall not be included in any general or special amnesty.

Second: The perpetrators of the crimes stipulated in subsection (1) of this Article shall not be deprived of the penalty prescribed by law. The judicial and administrative authorities shall follow up the arrest of the perpetrators and accomplices in the commission of such crimes and to apply the provisions of the law and provide protection for the witnesses and victims.

Article 12: The Ministry of Foreign Affairs and the High Commission for Human Rights shall define the crime of genocide against the Yazidis and the crimes committed against the female survivors in international forums to cooperate in the extradition of criminals for trial in Iraq.

Article 13: The provisions of this law shall be applied to all female abductees who have survived from the terrorist organization of ISIS and were subjected to enslavement.

Article 14 The Council of Ministers shall issue instructions to facilitate the implementation of the provisions of this law.

Article 15 - This Law shall be implemented from the date of its publication in the Official Gazette.

The compelling reasons

 The crimes committed by the terrorist groups of ISIS against the Yazidis amount to genocide according to international standards, given the psychological, social and health damage that those crimes have caused on those abducted women and children.

In order to address the negative effects of women survivors and to provide them with the necessary rights and integrate them into society as well as to rehabilitate them for the purpose of returning to the normal life exercised by women, and for the reparation of harm inflicted on the survived ones in particular.

And for the purpose of exposing such crimes to international organizations, human rights organizations and the international community in general and to providing treatment for their children during the period of abduction and enslavement.

This law was enacted.