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ERBIL, Kurdistan Region - Iraq's parliament held its first hearing on the contentious Popular Mobilization Forces (PMF) law on Monday, with the goal of integrating the organization into state forces. On the same day, US officials told Rudaw that Baghdad must ensure the groups operating under the PMF answer to the commander-in-chief of armed forces, the Iraqi premier, rather than Iran.
The dilemma
The state-run Iraqi news agency (INA) on Monday reported that the Iraqi 'parliament has completed its first reading of the Popular Mobilization Forces (PMF) Law draft."
The PMF was established in 2014 during the Islamic State group (ISIS) blitz, which saw the group seize control of large parts of Iraq's north and west.
Created in response to a fatwa, a religious edict, by Iraq's highest Shiite authority Grand Ayatollah Ali al-Sistani, the PMF was initially an umbrella organization of roughly 70 predominantly Shiite armed groups, with approximately 250,000 members.
In 2016, the Iraqi parliament passed a previous law to establish a legal framework for the PMF during the fight against ISIS. However, the law only contained three articles, leaving many crucial details unaddressed, leading to ambiguity regarding the PMF's functioning and its integration into Iraq's broader security forces.
In late February, the Iraqi Council of Ministers approved a new Popular Mobilization Forces (PMF) Service and Retirement Law, referring it to the Iraqi legislature for final approval.
'The approval of the new Popular Mobilization Forces bill is part of broader efforts to reform Iraq's security institutions,' an official source then told INA, elaborating that it aims 'to organize the PMF in the same manner as other state security and military entities.'
However, in mid-March, Iraqi Prime Minister Mohammed Shia' al-Sudani withdrew the draft from consideration due to ongoing political infighting and disagreements over its provisions between Shiite political blocs.
The Sadiqoun bloc, linked to the Asa'ib Ahl al-Haq armed group, the State of Law coalition led by former premier Nouri al-Maliki, and the Harakat Hoquq affiliated with the Kata'ib Hezbollah armed group are pushing for a mandatory retirement age of 60 for PMF members.
If approved, the latter would force the retirement of a large number of veteran PMF commanders, including its Chairman Falih al-Fayyadh.
On the other side, Fayyadh and his allies, including Hadi al-Ameri, the leader of Fatah Alliance linked to Badr Organization, and Abu Alaa al-Walai, the secretary-general of Kataib Sayyid al-Shuhada, are trying to block provisions that would effectively diminish their influence within the PMF.
Importantly, Fayyadh in late February met with senior Iranian officials in Iran. The visit was widely interpreted as a push to shore up support from Tehran to prevent the law's passage.
In addition to the retirement age, some Shiite political blocs have previously opposed provisions on government oversight of the PMF's works, arguing it could weaken its operational effectiveness.
The US's perspective
The United States has repeatedly criticized the PMF's links to Iran-backed armed groups, warning of their growing influence over Iraq's military and political institutions.
US State Department spokesperson Tammy Bruce told Rudaw's Diyar Kurda on Monday that for Iraq to strengthen its sovereignty, its government 'must ensure it has command and control of all security forces within its borders.' She added that the PMF 'must respond to Iraq's commander in chief, and not to Iran.'
The PMF has additionally been embroiled in controversy due to its links to US-designated terrorist organizations.
The US State Department spokesperson told Rudaw that Washington is 'concerned that the Iran-aligned groups within the PMF, including designated foreign terrorist organizations, engage in violent and destabilizing activities in Iraq.' She urged the Iraqi government 'to rein in these groups,' asserting that the US will 'defend itself, its personnel, and its interests' against any threat.
For his part, analyst and Senior National Security Fellow at the New America Foundation, Douglas Ollivant, told Rudaw's Mohammed Izzadin on Monday that 'the PMF is well-entrenched within the Iraqi army and security forces' but 'is not linked to the Iraqi prime minister' and 'have very little government oversight on them.'
The prominent expert on Middle Eastern security issues, explained that the US and European countries are 'looking forward to the detachment of PMF from Iran and its actual integration into Iraqi forces.' He explained that these forces 'can be brought under the Iraqi Ministry of Interior, where they can be trained and disconnected from their political factions.'
While the latter might take years, Ollivant argued that it is doable if 'they receive disciplined training characterized for an institutionalized force.' He finally ruled out any confrontation between the PMF and the US stating that Washington 'has no verified information about PMF's role in regional escalations.'
The provisions
A copy of the 18-provision bill obtained by Rudaw showed that the new law under discussion places the PMF under the direct command of the Iraqi prime minister, who approves of its operational activities.
According to the draft, PMF members and leading figures will be prohibited from engaging in any political activities or joining political parties and organizations.
The PMF will be tasked with national defense, which includes defending Iraq's unity, territorial integrity, and combating terrorism. It will also have responsibilities such as protecting the constitutional and democratic system of Iraq and safeguarding national security. Furthermore, it will be required to cooperate with Iraq's defense and interior ministries, as well as other state institutions.
In terms of leadership structure, the PMF will be led by a chairman, who will be the highest authority within the organization, responsible for setting policies, overseeing operations, and issuing orders related to the PMF's activities. The chairman will hold the rank of a minister and serve as a member of the National Security Council.
The chairman will need to have a university degree and relevant experience in military affairs or security. Similarly, the PMF chief of staff must have a university degree, at least ten years of service within the PMF, or hold the rank of Major General.
In terms of organizational structure, the PMF will consist of 16 departments and divisions, including the general staff, general secretariat, administrative and financial departments, as well as the general al-Muhanis contracting company.
The PMF will also have its own military academy, called the Popular Mobilization Forces Academy, which will ensure proper armament, equipment, training, and continuous development of the forces.
Regarding finances, Iraq's Federal Board of Supreme Audit will be responsible for auditing the PMF's financial accounts and ensuring transparency in financial operations.
What's next?
Now that the law is back on the legislative agenda, it is expected to go through the necessary legal procedures, including an initial reading, a secondary reading, and a vote.
Monday's reading could signal that political factions have come to a resolution on the contentious provisions, enabling the law to progress.
Another interpretation is that the first reading was conducted to end the ongoing disruption in Parliament. The political discord of the PMF law had hindered regular parliamentary sessions and resulted in the suspension of many legislative actions since February.
Importantly, once a new law is passed, all rights, benefits, and personnel from the 2016 law will be transferred to the PMF under the new legal framework, with the 2016 law being officially repealed.
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