Legal expert: The Certificate Equivalency Act violates three articles in the constitution

Baghdad / NINA / The legal expert, Ali Al-Tamimi, affirmed that the Equivalency Law violates three articles in the constitution.

In a statement received by the Iraqi National News Agency Nina, Al-Tamimi said that this law violates articles 14 of the constitution related to equality in rights and duties and also violates Article 16 of the Iraqi constitution related to equal opportunities among citizens as well as Article 34 of the Iraqi constitution related to the state's encouragement of scientific research In universities and taking into account excellence, ingenuity and creativity.

He explained that this law gave privileges to special degrees and higher and MPs to obtain certificates.

He indicated that the President of the Republic's approval of the law, which some have demanded not to ratify this law, is its formality according to Article 73 P3 of the Iraqi constitution, which said that if the president does not ratify the law, then the law is considered ratification 15 days after his arrival to the presidency.

He stressed that the solution is the appeal before the Federal Supreme Court, although it is now suspended due to a deficiency in its formation, but this appeal will have a retroactive effect when the problem of the Federal Court is solved and the case is considered later. 

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The “Equivalence of Certificates” law passed by the Iraqi parliament last week sparked widespread criticism among Iraqi intellectuals and academics, who considered it a “bullet in the coffin of education in the country,” especially as it is detailed according to the dimensions of Iraqi politicians who obtained or sought To obtain academic degrees and titles outside of the strict scientific controls and standards from universities and institutes, most of which are not recognized as religious.


The law that was passed, despite not meeting the requirements for the approval of laws in Parliament, strips the Ministry of Higher Education from adopting the principle of scientific evaluation in the equivalence of degrees, in order to rely on what he called “talent” and “ distinguished efforts at work” as a new standard in evaluating the equivalence of degrees. , Which is an unlimited standard  Certain and constant, which ends the sober controls and standards adopted in the evaluation of certificates. The Ministry of Higher Education, which had no prior knowledge of the law, strongly criticized it, and called on the President of the Republic not to ratify it, warning of its dangers to scientific sobriety.

The ministry said in a statement, that “based on the scientific authority vested in the Ministry of Higher Education and Scientific Research and its university institutions under the laws in force, in order to preserve the requirements of the academic certificate and the requirements for its equivalence that guarantee the safety of its effects on the Iraqi society and based on the privacy of higher education institutions and their exclusive responsibility to assess The interest, apart from private accounts, confirms that the Opinion Committee at the Ministry of Higher Education and Scientific Research rejects the law on the basis of equivalent degrees.

And called, the President of the Republic to "intervene And failure to ratify the law, and to rectify its risks, and to save the situation that will render the scientific decision to evaluate certificates suspended, secure the principle of equal opportunities and protect the constitutional principles that guarantee the equality of all before the law.Politicians have stressed the need for scientific standards to be more important than factional interests, especially in passing laws related to education.

The deputy, Arshad Al-Salihi, said in a statement, "It was more appropriate for parliament to take the opinion of the Ministry of Education before voting on this law," considering that "science and the sobriety of educational institutions and preserving the highest values ​​of certificates should be more important than political, factional and private interests."

He called for "reconsidering the law, in order to protect education and its status," noting that "the law needs a new scientific formulation." In order to preserve the sobriety of educational institutions in the country. As for the former deputy, Majid Shankali, he stressed that the aim of the law is to give government officials the opportunity to obtain degrees they do not deserve, and he said in a tweet that “The Equivalence Law, which Parliament voted by, will be a disaster for education and the scientific sobriety of degrees, as it aims to Giving permission to state officials to obtain degrees they do not deserve, and it will lead to a complete collapse of the educational system that is already suffering from collapse.

The law enacted by Parliament was not submitted by the Council of Ministers. Rather, it was submitted by the Parliamentary Education Committee, and this contradicts the chain of submission of laws. Political expert Basil Hussein said in his tweet, “Let everyone know that the law is equivalent The certificates came as a proposal from the Parliamentary Higher Education Committee and not a draft law from the Council of Ministers, so it is contrary to the fatwa of the Federal Court, in addition to that it is a real setback for the right of higher education in Iraq, and everyone should stand against it, as it will be granted the scientific title based on the criterion (talent Or outstanding efforts by work), and this is outside the quality standards.As for the head of the Center for Political Thinking, Ihssan Al-Shammari, the law considered "a new bullet that penetrates the body of higher education in Iraq."
Iraqi intellectuals and academics have expressed their dissatisfaction with the law, stressing that the parties in power deliberately approve laws that are in line with their interests. The Iraqi researcher, Haitham Numan, was not surprised at the law’s approval, considering that this is an approach adopted by the power parties after the year 2003, and he said in his tweet, “On the occasion of the Law on Equivalence of Certificates, I say to those with real degrees, do not be surprised.Rather , remember that the first decision signed by Ibrahim al-Jaafari when he became prime minister, was a general amnesty for diploma forgers, and their number at that time was around 1000 forgeries, who had received job positions in the Iraqi state.” .

As for the journalist Amer Ibrahim, he said in his tweet, “After days, we will witness an onslaught of merging (not sober) academic titles .. Thousands of politicians and officials who have obtained higher degrees from universities and institutes, regardless of the method, will be able to equalize their degrees in ministries and institutions. Away from higher education ”. Another tweet introduces herself as “Joan,” she said in her tweet, “It is not surprising that Parliament approved the law according to the standard of talent or efforts distinguished by work.

https://iraqakhbar.com/2736549

This is a good thing for the Iraqis, same thing on our side, either in the trades, for example: welder, carpenter, etc ...

They go to a technical school, or the teacher comes to your place of work, and the teacher assesses your knowledge of the trade, if you pass your test, either practical and theoretical, then you have your professional diploma in the trade , let's not forget that it's for the profession, not to be a researcher, professor, engineer etc ...

Good text, it will give work to the young who are dressed with their hand !!


Claud (Moose)