Law Office ofAli Barakat
Applications before the Political Prisoners and Martyrs foundations

Appointment of a martyr's family and confirmation rules

In briefThe law exempts covered members of a martyr's family from the upper age limit for appointment, requires the Ministry of Finance to give effect to that when preparing the staffing complement, and requires ministries to file a yearly report. A person who obtains a higher certificate after appointment has a right to change job title under the text. No separate federal statute titled “Law on the Appointment of Martyrs’ Families” was found in the official legislation database; the appointment rules are in Article 17 of the Martyrs Foundation Law.

The governing official text is Martyrs Foundation Law No. 2 of 2016, as amended, and in particular from Article 17. No separate federal statute titled “Law on the Appointment of Martyrs’ Families” was found in the official legislation database; the appointment rules are in Article 17 of the Martyrs Foundation Law. The place, time and form of an application are taken from the announcement of the body that opens the grades, or from the Foundation when clarification is sought.

Coverage comes before the benefit, and is decided in A martyr's file.

What does the text provide on appointment?

Article 17 exempts covered members of a martyr's family from the upper age limit for appointment. The same paragraph requires ministries and bodies not attached to a ministry to allocate no less than fifteen per cent of the staffing grades to martyrs’ families; that is a reserved share of the complement, allocated among eligible beneficiaries according to the staffing prepared each year. The Ministry of Finance is to give effect to that when preparing the staffing complement each year, and ministries are required to submit a yearly report on the matter to the Committee for Martyrs, Victims and Political Prisoners in the Council of Representatives. The age exception is not a licence to appoint outside the complement; it lifts the upper age limit, with financial and parliamentary follow-up.

A covered person who obtains another certificate equal to or higher than the certificate on which they were appointed, after appointment, has a right to change job title according to the certificate obtained, and a right to have the higher certificate counted and equated as an exception from the laws in force, subject to Article 20 of Civil Service Law No. 24 of 1960. That paragraph also applies to a person covered by Compensation Law No. 20 of 2009, as amended, where the text so provides.

Ministries and entities not associated with a ministry are required to transfer a covered person, with the grade and the financial allocation and according to experience and specialism, to the ministry to which the person wishes to move, and the Ministry of Finance is required to carry out the deletion and creation of the post. That is a rule on transfer with the grade and the allocation, not a rule that creates a new grade on every request.

Confirmation, the form and the link

“Confirmation rules” is an administrative phrase often used after an appointment on a contract or in a temporary grade. Confirmation, if it arises, is read from the civil-service rules and from any rules issued by the body that made the appointment, together with the exceptions already found in the Foundation law. The governing source for filing is that body's announcement and proof of coverage, not a form circulating on the internet without its source.

Documents usually reviewed with an appointment-related request
DocumentWhy it is used
Coverage decision, or a family ID together with the decisionProof of status
Academic certificateAppointment or a change of job title
The administrative appointment order, if one has been issuedThe basis for a confirmation, transfer or title-change request
Civil-status identityProof of identity and of the applicant's age

Exemption from the age limit lifts the upper age condition for covered persons; appointment itself is made to grades allocated in the complement prepared each year, not to a complement that is open at any time.

Legal basis and sources

  1. Martyrs Foundation Law No. 2 of 2016 — Article 17
  2. Civil Service Law No. 24 of 1960, as amended
  3. First Amendment Law No. 23 of 2024

Frequently asked questions

Is there a separate statute called the appointment law for a martyr's family?

No. No separate federal statute by that name was found in Iraq’s official legislation database. The appointment rules for martyrs’ families are in Article 17 of Martyrs Foundation Law No. 2 of 2016, as amended, including paragraph Fifth.

Is the upper age limit for appointment lifted?

Yes, under Article 17, for covered persons, with a role for the Ministry of Finance in the complement and a yearly report to the Council of Representatives committee named in the text.

Is there a right to change job title after a higher certificate?

Yes, under the text, together with equation of the certificate and subject to Article 20 of Civil Service Law No. 24 of 1960.

Is a published form or link enough to apply?

A link that does not come from the body announcing the appointment should not be relied on. The place and time of filing are taken from that body's announcement, or from the Martyrs Foundation when clarification is sought.

Always check the text in force and its amendments in the official source.

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