[size=32]Iraq: Return to federalism
- 39 Minutes Ago
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After the failure of Basra province's attempt to form a region in 2009, because of the lack of access to 10% of the total votes of qualified voters to go to the referendum on the formation of the territory (Article 119 of the Iraqi Constitution that each province or more, to form a territory on request to referendum By the request of ten voters in each of the provinces that intend to form the territory). After unconstitutional and illegal disruption of three attempts of the provincial councils in Diyala, Salah al-Din and Nineveh between 2010 and 2011 to form provinces in these three provinces (Article 119 of the Iraqi Constitution that each province or more, the formation of a region on the request to referendum, through Asked one-third of the members of each of the provincial councils that intend to form a territory). Basra is in a second attempt, and in a fourth attempt at the level of Iraq, through its Governing Council this time, to demand the follow-up implementation of the formation of the province of Basra, which is presented by the provincial council in 2018.
We are not in the process of reviewing the concepts and legal frameworks, the requirements of geopolitics, the current power relations in Iraq and their impact on the formation of regions, but we continue to argue that the vast majority of the advocates of the regions are based in their perceptions of federalism of the model of the Kurdistan region, not the conceptual and legal perception of federalism. And that this deceptive model is not transferable and quotation in any way.
Moreover, the legal framework of federalism in Iraq, as approved by the 2005 Constitution, does not resemble any federal experience in the world. It goes beyond federalism to the borders of the confederation, and sometimes even surpasses it. This is what we discussed earlier in Al Quds Al Arabi Under the title «the crisis of the federal model in Iraq».
Thus, the propaganda attempt to represent well-known federal models in nearly 25 countries in the world seems a simplistic attempt to market a completely unique model.
The fundamental question that is overlooked here by all is: Is it really possible to talk about the possibility of weakening the status in such a state? There is a conceptual contradiction between the idea of federalism, which is based on weakening the center in exchange for sharing its powers with the regions on the one hand, and the reality of the rentier state, which makes the central government always at the center of power because of its control over rents and distribution.
And the uniqueness of the model of the Kurdistan region of Iraq in this context did not exempt from full submission to the center through the latter's dominance of rent income. This fact confirms the fact that the federal government resorted to cutting the budget for the region in 2013 2014.
We are not in the process of reviewing the concepts and legal frameworks, the requirements of geopolitics, the current power relations in Iraq and their impact on the formation of regions, but we continue to argue that the vast majority of the advocates of the regions are based in their perceptions of federalism of the model of the Kurdistan region, not the conceptual and legal perception of federalism. And that this deceptive model is not transferable and quotation in any way.
Moreover, the legal framework of federalism in Iraq, as approved by the 2005 Constitution, does not resemble any federal experience in the world. It goes beyond federalism to the borders of the confederation, and sometimes even surpasses it. This is what we discussed earlier in Al Quds Al Arabi Under the title «the crisis of the federal model in Iraq».
Thus, the propaganda attempt to represent well-known federal models in nearly 25 countries in the world seems a simplistic attempt to market a completely unique model.
The fundamental question that is overlooked here by all is: Is it really possible to talk about the possibility of weakening the status in such a state? There is a conceptual contradiction between the idea of federalism, which is based on weakening the center in exchange for sharing its powers with the regions on the one hand, and the reality of the rentier state, which makes the central government always at the center of power because of its control over rents and distribution.
And the uniqueness of the model of the Kurdistan region of Iraq in this context did not exempt from full submission to the center through the latter's dominance of rent income. This fact confirms the fact that the federal government resorted to cutting the budget for the region in 2013 2014.
It is not the right of any party, no matter what, to impose its control on the public in Basra, or in other, on their choices in relation to the territory or otherwise! The explicit constitutional provisions must be strictly observed
The second fundamental question is, can the federal model be a successful alternative to bypassing the management failure shown by the provinces not organized in a region? Can this federalism be more politically, economically and culturally efficient than an irregular province? What makes the advocates of the region convinced that the center will deal with the newly developed in accordance with the constitutional and legal rules, which is struck by the lack of commitment to do so in its relationship with the Kurdistan region! Or non-compliance with the law of the provinces that are not organized in the territory, which gave the provinces wide powers could not use them in real reason because of the center's dispute over them!
Returning to the unique federal model endorsed by the Iraqi constitution, it seems clear that any potential federalist in Basra will engage in a bitter struggle with the central government in terms of powers. Specifically with regard to oil! The articles on the exclusive powers of the federal government and the powers shared by the federal government and the regions, and the powers of the regions in the constitutional text, are clearly inconclusive; the oil and gas materials are a real maze, open to different interpretations, and will produce differences and conflict. The current Iraqi constitution establishes the articles on oil, articles 111 and 112 (Article 110) of the exclusive powers of the federal authorities, and (Article 114) on the common powers between the federal authorities and the authorities of the region.
Ie, as the Mu'tazilis say in terms of status between the two houses, which at the time reflected the wills, orientations and interests of the political groups that wrote the constitution, which was keen to keep the ambiguity of this sensitive issue, namely the Supreme Islamic Council, which was the decisive factor in the inclusion of federalism in the Iraqi constitution on the one hand , The Kurdistan Democratic Party and the Kurdistan Union on the other hand, for later ends! Especially that this subject will be supplemented by the text (Article 121 / II), which gives the «Regions» the power to amend federal laws. To clarify this issue, we can refer to the interpretation of the meaning of the "current fields", for example, in Article 112 of the Constitution. The draft of the chronic oil and gas bill proposed by the federal government since January 2007 does not stand at all. (Article 2 (a)) on the application of the law to "oil operations in all areas of the Republic of Iraq, the land and below it, on land, in inland water and territorial waters." The oil and gas law No. 28 of 2007 issued by the KRG defines the term by saying: "The oil field, which had commercial production before August 15, Gustus 2005! How can we imagine the position of the province of Basra potential in relation to this issue, especially if we know that Basra contains more than 70% of the oil reserves in Iraq!
In the end, no one has the right, no matter what, to impose its guardianship in Basra, or elsewhere, on their choices with respect to the region or elsewhere! There is a need to strictly abide by the explicit constitutional provisions and the executive procedures approved by the Provincial Formation Law No. 13 of 2008, which does not grant any authority in Iraq to stop the request to form the region if it comes from one third of the members of the provincial council or ten eligible voters. The Council of Ministers is limited to referring the request to the Independent High Electoral Commission after allocating the budget for conducting the requested referendum, but the advocates of the regions must pay attention to the core issues put forward so that the future regions will not be real success projects, Die!
Returning to the unique federal model endorsed by the Iraqi constitution, it seems clear that any potential federalist in Basra will engage in a bitter struggle with the central government in terms of powers. Specifically with regard to oil! The articles on the exclusive powers of the federal government and the powers shared by the federal government and the regions, and the powers of the regions in the constitutional text, are clearly inconclusive; the oil and gas materials are a real maze, open to different interpretations, and will produce differences and conflict. The current Iraqi constitution establishes the articles on oil, articles 111 and 112 (Article 110) of the exclusive powers of the federal authorities, and (Article 114) on the common powers between the federal authorities and the authorities of the region.
Ie, as the Mu'tazilis say in terms of status between the two houses, which at the time reflected the wills, orientations and interests of the political groups that wrote the constitution, which was keen to keep the ambiguity of this sensitive issue, namely the Supreme Islamic Council, which was the decisive factor in the inclusion of federalism in the Iraqi constitution on the one hand , The Kurdistan Democratic Party and the Kurdistan Union on the other hand, for later ends! Especially that this subject will be supplemented by the text (Article 121 / II), which gives the «Regions» the power to amend federal laws. To clarify this issue, we can refer to the interpretation of the meaning of the "current fields", for example, in Article 112 of the Constitution. The draft of the chronic oil and gas bill proposed by the federal government since January 2007 does not stand at all. (Article 2 (a)) on the application of the law to "oil operations in all areas of the Republic of Iraq, the land and below it, on land, in inland water and territorial waters." The oil and gas law No. 28 of 2007 issued by the KRG defines the term by saying: "The oil field, which had commercial production before August 15, Gustus 2005! How can we imagine the position of the province of Basra potential in relation to this issue, especially if we know that Basra contains more than 70% of the oil reserves in Iraq!
In the end, no one has the right, no matter what, to impose its guardianship in Basra, or elsewhere, on their choices with respect to the region or elsewhere! There is a need to strictly abide by the explicit constitutional provisions and the executive procedures approved by the Provincial Formation Law No. 13 of 2008, which does not grant any authority in Iraq to stop the request to form the region if it comes from one third of the members of the provincial council or ten eligible voters. The Council of Ministers is limited to referring the request to the Independent High Electoral Commission after allocating the budget for conducting the requested referendum, but the advocates of the regions must pay attention to the core issues put forward so that the future regions will not be real success projects, Die!
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