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Local governments: Ministries emptied the transfer of powers from its content
Baghdad / Mohammed Sabah
Local governments: Ministries emptied the transfer of powers from its content
Baghdad / Mohammed Sabah
Local governments are pinning their hopes on the prime minister's promise to disengage the powers of nine ministries before the end of this year, not to go to the federal court to break up the administrative clash.
Since the entry into force of the provincial law more than a year ago, many ministries, particularly finance and health, are refusing to transfer their powers. While the ministries, which transferred part of their powers, continue to intervene in the affairs of the departments, which are under the supervision of local governments. Deputies assert that the transfer of powers does not exceed only 40%.
The Council of Representatives approved at its previous session, the second amendment to the Law of the provinces No. 21 of 2008.
The law grants the provinces producing oil five dollars instead of one dollar for each barrel is extracted, and gives them the right to deal with a large part of the revenues of its border ports. The law also provides for the withdrawal of most of the powers of service ministries and their granting to local governments.
In addition to operational overlap, the transfer of powers clashes with legislative interference. As the House of Representatives prefer to resolve the election law before proceeding with the adoption of the third amendment to the law of the provinces.
In August, the House of Representatives postponed the vote on the Third Amendment Bill to the Law on Governorates in the Region No. 21 for the year 2008, until the approval of the provincial and district elections law.
The House of Representatives considered solving the problem of contradiction between the paragraphs of the provincial elections law and the draft of the third amendment to the provincial law No. (21) before proceeding to amend the first law. The parliament is seeking to resolve the controversy over the number of members of the provincial council, and determine the fate of the district councils that some parties are calling for its abolition.
The decision of the Committee of Regions and Governorates in the House of Representatives MP Rasul Abu Hasna, in a statement to (range), that "the third amendment to the law of the provincial councils No. 21 includes the abolition of district councils and reduce the members of the provincial councils."
"The draft amendment to the third law on the number (21) has now reached the stage of voting, which includes 13 articles," pointing to "the existence of a dispute between the political blocs on the abolition of district councils and the reduction of members of provincial councils."
The decision of the Committee of Regions and Governorates highlights the changes that have occurred in the third amendment to the provincial law by saying that it "includes the abolition of some of the powers of the governor and also requires that the deputy governor be holders of a bachelor's degree and not a preparatory level and have a service not less than ten years."
"The amendments also included the integration of advisers with the assistants of the governor and committed to determine the numbers of eight people after the transfer of powers of some ministries to the provinces," noting that "the law in force allows each governor to appoint five assistants and seven advisers."
The MP stressed the province of Muthanna saying "there is no transfer of powers by the ministries of service to the provincial councils because of the clinging to the ministries of their powers and refuses to transfer to local governments," noting that "these ministries reduced the powers of the governor than before the entry into force of Law No. 21 "He said.
The Prime Minister Haider Abadi, the beginning of his office, withdrew the appeal submitted by the Maliki government to the law of the provinces. "Some ministries have been given a simple section that does not exceed 40% of their powers to the governorates," Abu Hasna said. "The ministries, municipalities, public works, reconstruction, housing, labor, social affairs, education, health, planning, Like the Ministry of Health, which is still reluctant to transfer the file of appointments and the distribution of medicines and transport to doctors. " He pointed out that "the files transferred from the health of local governments do not exceed promotions and transfers of staff non-doctors."
Most ministries are reluctant to transfer their full powers to provincial councils because they will be without any tasks. It expresses its reservations regarding the implementation of the provisions of the Provincial Council Law No. 21, which obliges it to disengage and achieve the principle of decentralization.
"Our committee is dead and for the last three months it has not been able to meet to discuss the transfer of powers of ministries to local governments and other issues," said Mahmoud Reza, a member of the Parliamentary Territories Committee.
Reza added that "the Chairman of the Committee of Regions and the parliamentary provinces of the Kurdistan Democratic Party bloc did not exist because of the boycott of the meetings of the House of Representatives, which was unable to Vice-Chairman of the Committee and scheduled to hold one meeting to discuss and discuss the files concerned by the Committee of Regions and the provinces of parliament."
The Kurdish MP, "There are ministries still procrastination in the transfer of powers to the provincial councils on the basis of Law No. (21) in force," pointing out that "the most strict ministries in the application and transfer of powers is the Ministry of Finance in relation to the file management."
A member of the Regions Committee that "the Ministry of Finance objects to the transfer of powers of border crossings, and the dollar and the provincial councils," noting that "Law No. 21 gives local governments the right to legislate a local law regulating the mechanism of tax collection, which is rejected by the Federal Ministry of Finance and strongly reserved it" .
The MP Mahmoud Reza that "the application of the principle of decentralization without the transfer of financial management does not achieve this principle, which is provided by the articles of Law No. (21)," pointing out that "the most flexible ministries in dealing with the file transfer of powers are the ministries of education and health." And ministries The deputy of the bloc of change, "It deals selectively in the application of the law transfer of powers to local governments," revealing "the existence of requests made by some provinces of the center and the south, in which it stressed the unwillingness to transfer powers from the ministries concerned, "In turn, they describe governments Mechanism the transfer of powers to them as a new experience, calling for the transfer of powers gradually in order to avoid creating obstacles and problems in the process.
"The transfer of powers to the provinces suddenly may create problems for these provinces on the grounds that the Iraqi state does not have the resources and resources to meet the needs of the provinces." Atawani said that "the census of the staff of Baghdad before the disengagement, Which was implemented in the month of April last, nearly 1991 members manage the affairs of the province, "but he said," but after the transfer of powers increased the number of employees of the province to 300 thousand employees to manage the province. "
The governor of Baghdad, "All ministries are unwilling to transfer powers, and created some obstacles to thwart the work of the provinces." He continued, "Even the ministries, which Fakt link is still interfering in the management of the departments that transferred to the provinces," noting that "the Ministry of Education is still interfering in the appointment of school principals and the four-year holidays."
"Al-Atwani pointed out that" the Ministry of Municipalities, which merged with reconstruction and housing, did not dismantle their owners and their association, "and wondered," How do the provinces manage their own affairs according to these overlaps and delays by some ministries? "
In the opinion of the governor of Baghdad that "the poor ministries betting on the failure of the provinces in the performance of its mission and inability to provide and pay the salaries of employees after the disengagement entered into force in April." "The province of Baghdad was able to pay salaries for all months, except for the delay that occurred this month because of the lack of liquidity at the end of each year."
"At the meeting of the government coordinating committee, the Prime Minister and Minister of Labor and Social Affairs and Minister of Municipalities, Reconstruction and Direct Housing informed the transfer of powers to all departments before the end of this year." The governor of Baghdad, "the existence of three ministries did not transfer their powers, namely work and social affairs, and municipalities that merged with reconstruction and housing, in addition to the Ministry of Finance." He pointed out that "nearly 90% of the municipal staff will move to the provincial councils." In the ministries that transferred some of its powers, Atwani refers to "education, health, agriculture, youth and sports." "If the Ministry of Finance was flexible in transferring its powers, it would solve many things by facilitating the liquidity of local governments by transferring some departments to the provinces," he said.
Al-Atwani noted that "the ministries that transferred cadres and departments to provincial councils still interfere in the work of these departments in relation to some staff and heads of departments." "Local governments see either the full transfer of powers or their return to the ministries," he said.
"The president of the Council of Ministers with the transfer of powers, which gives local governments the hope not to proceed to the Federal Court," the governor of Baghdad, denying that local governments threaten to resort to the judiciary to resolve this clash.
The Council of Representatives approved at its previous session, the second amendment to the Law of the provinces No. 21 of 2008.
The law grants the provinces producing oil five dollars instead of one dollar for each barrel is extracted, and gives them the right to deal with a large part of the revenues of its border ports. The law also provides for the withdrawal of most of the powers of service ministries and their granting to local governments.
In addition to operational overlap, the transfer of powers clashes with legislative interference. As the House of Representatives prefer to resolve the election law before proceeding with the adoption of the third amendment to the law of the provinces.
In August, the House of Representatives postponed the vote on the Third Amendment Bill to the Law on Governorates in the Region No. 21 for the year 2008, until the approval of the provincial and district elections law.
The House of Representatives considered solving the problem of contradiction between the paragraphs of the provincial elections law and the draft of the third amendment to the provincial law No. (21) before proceeding to amend the first law. The parliament is seeking to resolve the controversy over the number of members of the provincial council, and determine the fate of the district councils that some parties are calling for its abolition.
The decision of the Committee of Regions and Governorates in the House of Representatives MP Rasul Abu Hasna, in a statement to (range), that "the third amendment to the law of the provincial councils No. 21 includes the abolition of district councils and reduce the members of the provincial councils."
"The draft amendment to the third law on the number (21) has now reached the stage of voting, which includes 13 articles," pointing to "the existence of a dispute between the political blocs on the abolition of district councils and the reduction of members of provincial councils."
The decision of the Committee of Regions and Governorates highlights the changes that have occurred in the third amendment to the provincial law by saying that it "includes the abolition of some of the powers of the governor and also requires that the deputy governor be holders of a bachelor's degree and not a preparatory level and have a service not less than ten years."
"The amendments also included the integration of advisers with the assistants of the governor and committed to determine the numbers of eight people after the transfer of powers of some ministries to the provinces," noting that "the law in force allows each governor to appoint five assistants and seven advisers."
The MP stressed the province of Muthanna saying "there is no transfer of powers by the ministries of service to the provincial councils because of the clinging to the ministries of their powers and refuses to transfer to local governments," noting that "these ministries reduced the powers of the governor than before the entry into force of Law No. 21 "He said.
The Prime Minister Haider Abadi, the beginning of his office, withdrew the appeal submitted by the Maliki government to the law of the provinces. "Some ministries have been given a simple section that does not exceed 40% of their powers to the governorates," Abu Hasna said. "The ministries, municipalities, public works, reconstruction, housing, labor, social affairs, education, health, planning, Like the Ministry of Health, which is still reluctant to transfer the file of appointments and the distribution of medicines and transport to doctors. " He pointed out that "the files transferred from the health of local governments do not exceed promotions and transfers of staff non-doctors."
Most ministries are reluctant to transfer their full powers to provincial councils because they will be without any tasks. It expresses its reservations regarding the implementation of the provisions of the Provincial Council Law No. 21, which obliges it to disengage and achieve the principle of decentralization.
"Our committee is dead and for the last three months it has not been able to meet to discuss the transfer of powers of ministries to local governments and other issues," said Mahmoud Reza, a member of the Parliamentary Territories Committee.
Reza added that "the Chairman of the Committee of Regions and the parliamentary provinces of the Kurdistan Democratic Party bloc did not exist because of the boycott of the meetings of the House of Representatives, which was unable to Vice-Chairman of the Committee and scheduled to hold one meeting to discuss and discuss the files concerned by the Committee of Regions and the provinces of parliament."
The Kurdish MP, "There are ministries still procrastination in the transfer of powers to the provincial councils on the basis of Law No. (21) in force," pointing out that "the most strict ministries in the application and transfer of powers is the Ministry of Finance in relation to the file management."
A member of the Regions Committee that "the Ministry of Finance objects to the transfer of powers of border crossings, and the dollar and the provincial councils," noting that "Law No. 21 gives local governments the right to legislate a local law regulating the mechanism of tax collection, which is rejected by the Federal Ministry of Finance and strongly reserved it" .
The MP Mahmoud Reza that "the application of the principle of decentralization without the transfer of financial management does not achieve this principle, which is provided by the articles of Law No. (21)," pointing out that "the most flexible ministries in dealing with the file transfer of powers are the ministries of education and health." And ministries The deputy of the bloc of change, "It deals selectively in the application of the law transfer of powers to local governments," revealing "the existence of requests made by some provinces of the center and the south, in which it stressed the unwillingness to transfer powers from the ministries concerned, "In turn, they describe governments Mechanism the transfer of powers to them as a new experience, calling for the transfer of powers gradually in order to avoid creating obstacles and problems in the process.
"The transfer of powers to the provinces suddenly may create problems for these provinces on the grounds that the Iraqi state does not have the resources and resources to meet the needs of the provinces." Atawani said that "the census of the staff of Baghdad before the disengagement, Which was implemented in the month of April last, nearly 1991 members manage the affairs of the province, "but he said," but after the transfer of powers increased the number of employees of the province to 300 thousand employees to manage the province. "
The governor of Baghdad, "All ministries are unwilling to transfer powers, and created some obstacles to thwart the work of the provinces." He continued, "Even the ministries, which Fakt link is still interfering in the management of the departments that transferred to the provinces," noting that "the Ministry of Education is still interfering in the appointment of school principals and the four-year holidays."
"Al-Atwani pointed out that" the Ministry of Municipalities, which merged with reconstruction and housing, did not dismantle their owners and their association, "and wondered," How do the provinces manage their own affairs according to these overlaps and delays by some ministries? "
In the opinion of the governor of Baghdad that "the poor ministries betting on the failure of the provinces in the performance of its mission and inability to provide and pay the salaries of employees after the disengagement entered into force in April." "The province of Baghdad was able to pay salaries for all months, except for the delay that occurred this month because of the lack of liquidity at the end of each year."
"At the meeting of the government coordinating committee, the Prime Minister and Minister of Labor and Social Affairs and Minister of Municipalities, Reconstruction and Direct Housing informed the transfer of powers to all departments before the end of this year." The governor of Baghdad, "the existence of three ministries did not transfer their powers, namely work and social affairs, and municipalities that merged with reconstruction and housing, in addition to the Ministry of Finance." He pointed out that "nearly 90% of the municipal staff will move to the provincial councils." In the ministries that transferred some of its powers, Atwani refers to "education, health, agriculture, youth and sports." "If the Ministry of Finance was flexible in transferring its powers, it would solve many things by facilitating the liquidity of local governments by transferring some departments to the provinces," he said.
Al-Atwani noted that "the ministries that transferred cadres and departments to provincial councils still interfere in the work of these departments in relation to some staff and heads of departments." "Local governments see either the full transfer of powers or their return to the ministries," he said.
"The president of the Council of Ministers with the transfer of powers, which gives local governments the hope not to proceed to the Federal Court," the governor of Baghdad, denying that local governments threaten to resort to the judiciary to resolve this clash.
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