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Specialists: The collapse of buildings is due to the marginalization of the role of consulting offices
Iraq 10/16/2023
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Baghdad: Hoda Al-Azzawi
Specialists in the legal and engineering fields believe that excluding the private sector contradicts the implementation of the government program, which emphasizes providing it with the opportunity to achieve growth in accordance with Article 25 of the Constitution, which stipulates that the state shall guarantee the reform of the economy according to modern economic foundations, ensuring the full investment of its resources. Encouraging and developing the private sector.
Advisor to the legal committees in the House of Representatives, Hatef Al-Rikabi, explained in an interview with “Al-Sabah” that “there is a problem related to the public sector law, which excluded consulting offices for the private sector and kept it away from competition in light of the competitive prices obtained by the public sector and with government support, and thus conflicts with Article 25 of the law.” The constitution, which calls for competition and partnership between the two sectors, therefore gave preference to the government sector at the expense of the private sector, which began to decline,” pointing out that “the Engineers Syndicate, whose work includes imposing regulations, instructions, and decisions and sponsoring the private sector, began excluding the private sector and removing it from competition.”
Al-Rikabi called on the government to “pay attention to the problem, while Parliament takes into account the enactment of an explicit law obligating the state to cooperate and be transparent with the private sector, or to issue a law for partnership between the two sectors to guarantee engineering expertise and consultations, and also stipulates in Article 25 of the Constitution that the state ensures the reform of the economy according to modern economic foundations instead of “The unfair exclusion that caused the collapse of many buildings as a result of the lack of engineering expertise to evaluate the work.”
President of the Osool Foundation for Economic Development and Sustainable Development, Engineer Khaled Al-Jabri, told Al-Sabah: “The freezing of Article 18 of the Companies Law No. 21 of 1997 by Resolution 64 of 2004 by the Coalition Authority order led to the establishment of companies that operate without the need to obtain approval from The sectoral entity, which resulted in a decline in the quality of work.”
Al-Jabri added, “The articles contained in Law No. 16 of 20000 for non-governmental consulting offices emphasized the ideal use of Iraqi expertise, providing job opportunities, strengthening the engineering sector, and setting the work environment within a state of competition,” explaining that “this is consistent with the constitution and the general principles contained in the law.” The Government Contracting Law issued pursuant to Coalition Authority Order No. 87 of 2004, which adopted the principle of general, fair and open competition as a matter necessary for the growth of the economy by encouraging free trade, the labor law, government directions, and the government program approved by House of Representatives Resolution No. 18 of 2022.”
The engineering specialist continued, “Law No. 7 of 1997 regarding government consulting offices is not consistent with many of the relevant laws, as Article 2/1 stipulates that wages must be appropriate, and this does not encourage competition and conflicts with most of the laws mentioned,” noting that “Referring engineering work exclusively to government offices contradicts the concept of competition and the prevention of monopoly and its Law No. 14 of 2010, and most government departments are following this path.”
Al-Jabri also stated that “the government’s recent directives granted the consulting office of the Engineers Syndicate exclusive projects of engineering effort at the expense of the rest of the offices in the private sector, without any clear differences justifying this, taking into account that the consulting office of the Engineers Syndicate was established under the Non-Consulting Offices Law.” Governmental No. 16 of 2000, like the rest of the consulting offices, after obtaining permission from the Ministry of Planning.
The expert believes that “there are consulting offices that outperform the Office of the Engineers Syndicate in terms of capabilities, experience, ability and empowerment. In addition, the Syndicate has departed from its role for which it was created, from caring for Iraqi engineers to competing with them in the labor and business markets, and this is not stipulated in any law or custom.” .
Edited by: Ali Abdel Khaleq
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