No Exit for Iraq Without Decentralization
By*Mushreq Abbas for*Al-Monitor.*Any opinions expressed are those of the author, and do not necessarily reflect the views of*Iraq Business News.
One cannot say that the denial of the decentralization principle by Iraq’s political circle, as a philosophy upon which the Iraqi constitution is based, led to all of the political and security failures that Iraq is seeing today.
Yet, the previous government’s experiment, which was built upon reconsidering the constitution in a way that supports “the state’s centralization” has undoubtedly contributed to this fall. The new government has the difficult task of redefining the state in accordance with the framework of the Iraqi Constitution.
The government, headed by Prime Minister Haider al-Abadi, has found itself facing an extremely similar situation as the previous government in the way the state is characterized.
This situation is supported by an administrative and political class that has reached key decision-making posts, and still believes that Iraq can only be governed through a strong unitary system of government that resembles the existing form of government in most Middle Eastern countries.
The government alone was not behind this defect. All of the political forces that have neglected the implementation of the constitution and the proper establishment of a decentralized system have also contributed. Today, this oversight has led to the possibility of partition or civil war between the components instead of ensuring the country’s unity.
Article 1 of the Constitution defines Iraq as “a federal state.” However, the Iraqi legislature has tried to consolidate the concept of a decentralized state. It presents a series of articles and creates bodies and institutions that are all intended to properly establish the concept of “a decentralized state.”
The most prominent clash between the Iraqi parliament and government regarding this issue took place in 2008, when parliament passed the Provincial Powers Act (PPA, also known as Law 21 of 2008), which was subject to a series of amendments in 2010, 2012 and 2013. These amendments have all resulted in giving consideration to the philosophy of a decentralized system of government in Iraq. Yet, the original text and its amendments were objected to by the government, which rejected its application and considered that it decreases its powers.
The dispute centered on granting the provinces, as administrative entities in Iraq, security, political, economic and service powers, and on abolishing federal ministries and transferring their budgets and powers to the provinces.
Had the law been genuinely implemented, a lot of security, economic, administrative and service crises would have been resolved, or at least their effects would have been contained.
The talk in Iraq about the formation of a military force under the title of “a national guard” that is managed within each province to preserve its security is a move that was imposed by the Islamic State’s occupation of large Iraqi areas. This could have been resolved through Law 21 of 2008, which had granted local governments broad powers to preserve their internal security.
With the formation of Abadi’s government, the urgent need to reinterpret the Iraqi political situation separately from the Nouri al-Maliki governments’ experience has emerged. Parliament speaker Salim al-Jabouri told Al-Monitor, “Iraq needs a legislative revolution that re-establishes ties within the state and sets up the basis of the decentralized system as the foundation upon which the Iraqi Constitution is based.”
He said, “We have visualized an approach for a [road map] of laws that need to be passed quickly, most prominently a Federation Council Act, the Oil and Gas Act, and Federal Court Act, in addition to the National Guard Act.”
The Federation Council is included in constitutional Article 48, as part of the legislative power, and is detailed in Article 65. This stipulates that legislative council, known as the Federation Council, shall be established and include representatives from the regions and the governorates that are not incorporated into a region. A law, enacted by a majority of the members of the Council of Representatives, shall regulate the formation of the Federation Council, its membership conditions, its competencies and all that is connected with it.
This council, which parliament is considering creating, falls behind the constitutional date which was set for its establishment. It cannot accomplish its task unless accompanied by additional laws and procedures in support for the decentralized system of government.
According to constitutional Article 105, a public commission shall be established by parliament to guarantee “the rights of the regions and governorates that are not incorporated into a region to ensure the fair participation in the management of the various federal state’s institutions, missions, fellowships, delegations and regional and international conferences. The commission shall be comprised of representatives of the federal government and representatives of the regions and governorates that are not incorporated into a region.”
Moreover, Article 106 stipulates, “A public commission shall be established by a law to audit and appropriate federal revenues. The commission shall be comprised of experts from the federal government, the regions, the governorates and their representatives.”
In addition, Article 107 stipulates that a council, known as the Federal Public Service Council, shall be established to regulate the affairs of the federal public service. There is also the Oil and Gas Act, which stipulates that wealth is fairly distributed among the provinces and regions, on the one hand, and the federal government on the other. It also provides investment laws that need to take into account the particularity and needs of every province. All of these laws were not originally passed, were passed without being implemented or without being properly implemented.
The reinterpretation of the Iraqi Constitution’s philosophy, as it unequivocally adopts a decentralized system, and grants additional powers to the provinces — which are administrative entities that already exist and have an acceptable level of stability in their governing bodies, formations and borders — is the only available outlet today to bring Iraq out of its crisis. This alternative is safer than the establishment of regions with a sectarian nature, which would leave serious consequences for political stability in Iraq and the region.
(Decentralization image via Shutterstock)
Source: Iraq-BusinessNews.com.
[You must be registered and logged in to see this link.]
By*Mushreq Abbas for*Al-Monitor.*Any opinions expressed are those of the author, and do not necessarily reflect the views of*Iraq Business News.
One cannot say that the denial of the decentralization principle by Iraq’s political circle, as a philosophy upon which the Iraqi constitution is based, led to all of the political and security failures that Iraq is seeing today.
Yet, the previous government’s experiment, which was built upon reconsidering the constitution in a way that supports “the state’s centralization” has undoubtedly contributed to this fall. The new government has the difficult task of redefining the state in accordance with the framework of the Iraqi Constitution.
The government, headed by Prime Minister Haider al-Abadi, has found itself facing an extremely similar situation as the previous government in the way the state is characterized.
This situation is supported by an administrative and political class that has reached key decision-making posts, and still believes that Iraq can only be governed through a strong unitary system of government that resembles the existing form of government in most Middle Eastern countries.
The government alone was not behind this defect. All of the political forces that have neglected the implementation of the constitution and the proper establishment of a decentralized system have also contributed. Today, this oversight has led to the possibility of partition or civil war between the components instead of ensuring the country’s unity.
Article 1 of the Constitution defines Iraq as “a federal state.” However, the Iraqi legislature has tried to consolidate the concept of a decentralized state. It presents a series of articles and creates bodies and institutions that are all intended to properly establish the concept of “a decentralized state.”
The most prominent clash between the Iraqi parliament and government regarding this issue took place in 2008, when parliament passed the Provincial Powers Act (PPA, also known as Law 21 of 2008), which was subject to a series of amendments in 2010, 2012 and 2013. These amendments have all resulted in giving consideration to the philosophy of a decentralized system of government in Iraq. Yet, the original text and its amendments were objected to by the government, which rejected its application and considered that it decreases its powers.
The dispute centered on granting the provinces, as administrative entities in Iraq, security, political, economic and service powers, and on abolishing federal ministries and transferring their budgets and powers to the provinces.
Had the law been genuinely implemented, a lot of security, economic, administrative and service crises would have been resolved, or at least their effects would have been contained.
The talk in Iraq about the formation of a military force under the title of “a national guard” that is managed within each province to preserve its security is a move that was imposed by the Islamic State’s occupation of large Iraqi areas. This could have been resolved through Law 21 of 2008, which had granted local governments broad powers to preserve their internal security.
With the formation of Abadi’s government, the urgent need to reinterpret the Iraqi political situation separately from the Nouri al-Maliki governments’ experience has emerged. Parliament speaker Salim al-Jabouri told Al-Monitor, “Iraq needs a legislative revolution that re-establishes ties within the state and sets up the basis of the decentralized system as the foundation upon which the Iraqi Constitution is based.”
He said, “We have visualized an approach for a [road map] of laws that need to be passed quickly, most prominently a Federation Council Act, the Oil and Gas Act, and Federal Court Act, in addition to the National Guard Act.”
The Federation Council is included in constitutional Article 48, as part of the legislative power, and is detailed in Article 65. This stipulates that legislative council, known as the Federation Council, shall be established and include representatives from the regions and the governorates that are not incorporated into a region. A law, enacted by a majority of the members of the Council of Representatives, shall regulate the formation of the Federation Council, its membership conditions, its competencies and all that is connected with it.
This council, which parliament is considering creating, falls behind the constitutional date which was set for its establishment. It cannot accomplish its task unless accompanied by additional laws and procedures in support for the decentralized system of government.
According to constitutional Article 105, a public commission shall be established by parliament to guarantee “the rights of the regions and governorates that are not incorporated into a region to ensure the fair participation in the management of the various federal state’s institutions, missions, fellowships, delegations and regional and international conferences. The commission shall be comprised of representatives of the federal government and representatives of the regions and governorates that are not incorporated into a region.”
Moreover, Article 106 stipulates, “A public commission shall be established by a law to audit and appropriate federal revenues. The commission shall be comprised of experts from the federal government, the regions, the governorates and their representatives.”
In addition, Article 107 stipulates that a council, known as the Federal Public Service Council, shall be established to regulate the affairs of the federal public service. There is also the Oil and Gas Act, which stipulates that wealth is fairly distributed among the provinces and regions, on the one hand, and the federal government on the other. It also provides investment laws that need to take into account the particularity and needs of every province. All of these laws were not originally passed, were passed without being implemented or without being properly implemented.
The reinterpretation of the Iraqi Constitution’s philosophy, as it unequivocally adopts a decentralized system, and grants additional powers to the provinces — which are administrative entities that already exist and have an acceptable level of stability in their governing bodies, formations and borders — is the only available outlet today to bring Iraq out of its crisis. This alternative is safer than the establishment of regions with a sectarian nature, which would leave serious consequences for political stability in Iraq and the region.
(Decentralization image via Shutterstock)
Source: Iraq-BusinessNews.com.
[You must be registered and logged in to see this link.]
Today at 4:13 pm by Rocky
» MM&C 9/29/24 What after the closure of the currency auction at the Central Bank of Iraq?
Today at 11:48 am by Rocky
» MM&C 9/29/24 "THE EXPECTED PATH OF THE IRAQI ECONOMY"
Today at 7:14 am by Rocky
» utube 9/28/24 MM&C IQD Update News -Iraq PM - $83 Billion 3 Years - Stability - Global Contracts -
Today at 7:12 am by Rocky
» utube MM&C 9/26/24 Iraq Dinar News-Iraq Plans Redenomination of Currency-Value of it Related-Elect
Today at 7:11 am by Rocky
» Advisor to the Prime Minister rules out a decline in gold prices in the coming period..and explains
Today at 7:03 am by Rocky
» Legal expert: If it weren't for the Security Council's collusion, the Zionist entity would have been
Today at 6:59 am by Rocky
» Minister of Planning announces field progress in preparations for the census
Today at 6:58 am by Rocky
» Proposal before the government to form an economic and security crisis cell
Today at 6:56 am by Rocky
» Al-Karawi: The government's ignoring of the resistance's request is a betrayal of the blood of the m
Today at 6:55 am by Rocky
» Iraq is the fourth largest importer from Türkiye during the past month
Today at 6:53 am by Rocky
» The Prime Minister directs that Lebanese citizens wishing to come to Iraq be granted fast travel doc
Today at 6:50 am by Rocky
» US releases founder of cryptocurrency exchange Binance
Today at 6:48 am by Rocky
» The Central Bank of Iraq issues a warning to exchange companies regarding the sale of dollars
Today at 6:46 am by Rocky
» The Central Bank of Iraq sells more than $ 258 million in today's auction
Today at 6:45 am by Rocky
» Launching of aid and scholarship salaries this week
Today at 6:43 am by Rocky
» Karbala begins implementing 154 projects
Today at 6:42 am by Rocky
» Next Tuesday.. Closing of the application for the central admission form
Today at 6:40 am by Rocky
» Service effort: Including the capital and 4 governorates in next year’s plans
Today at 6:39 am by Rocky
» Rafidain Bank issues instructions for granting real estate loans
Today at 5:25 am by Rocky
» The expected path of the Iraqi economy
Today at 5:23 am by Rocky
» Experts: Population census shapes economic policies and directs investments
Today at 5:22 am by Rocky
» Central Bank records more than $1 billion in currency sales in a week
Today at 5:20 am by Rocky
» The Central Bank of Iraq warns exchange companies that sell dollars to travelers from receiving a co
Today at 5:19 am by Rocky
» Iraq under the microscope.. Will Baghdad succeed in avoiding regional conflict after the assassinati
Today at 5:17 am by Rocky
» Al-Sudani makes a phone call to the Lebanese Prime Minister
Today at 5:14 am by Rocky
» How will developments in Lebanon affect the Iraqi economy and the oil market?
Today at 5:13 am by Rocky
» The position of the Speaker of Parliament and developments in the region on the table of Masoud Barz
Today at 5:06 am by Rocky
» Targeting of an American base in Syria by Iraqi factions
Today at 5:05 am by Rocky
» Official: Border shelling targeted Iraqi faction, reports of casualties
Today at 5:04 am by Rocky
» How much is Iraq's external debt in light of the fluctuation in oil prices?
Today at 5:02 am by Rocky
» Iraq is not far from war.. Will the factions enter into a confrontation with Israel?
Today at 5:01 am by Rocky
» Outcomes of the Coordination Framework Meeting in the Presence of Al-Sudani
Today at 5:00 am by Rocky
» Al-Sudani renews to Mikati Iraq's firm position in supporting Lebanon and standing with it
Today at 4:57 am by Rocky
» Iraq's oil exports to US rise in a week
Today at 4:56 am by Rocky
» 5 governorates on the 2025 service effort plan
Today at 4:53 am by Rocky
» Dollar exchange rates in Iraqi stock exchanges today
Today at 4:52 am by Rocky
» Drug Law Amendments: No Life Sentences Anymore... Trade and Agriculture Will Be Faced with "Death Pe
Today at 4:50 am by Rocky
» A long-awaited historic position... When will the coalition forces leave Iraq?
Today at 4:48 am by Rocky
» Warnings of an imminent economic danger... and the alternative solution is taxes!
Today at 4:46 am by Rocky
» Dilapidated buildings and shortages... Iraq needs new schools!
Today at 4:44 am by Rocky
» Iraq is the second Gulf country to award contracts worth more than $2 billion
Yesterday at 10:23 am by Rocky
» Intensive US movements on the Iraqi-Syrian border.. Where is the situation heading? - Urgent
Yesterday at 10:20 am by Rocky
» Iraqi Minister of Water Resources speaks to Al Jazeera Net about solutions to the water crisis
Yesterday at 10:15 am by Rocky
» Iraqi Foreign Ministry: Expanding the scope of war in the region leads to serious consequences
Yesterday at 5:16 am by Rocky
» /Information/ reveals the location of the Rafidain Bank robbers in Ramadi
Yesterday at 5:15 am by Rocky
» Al-Sudani Office for /Al-Maalouma/: Foreign workers threaten graduates
Yesterday at 5:14 am by Rocky
» Foreign Minister invites his Venezuelan counterpart to visit Baghdad
Yesterday at 5:12 am by Rocky
» "Government" real estate loans with amounts up to 150 million dinars.. Conditions and details
Yesterday at 5:10 am by Rocky
» Setting a date to launch 102 investment opportunities in Iraq
Yesterday at 5:07 am by Rocky
» Bitcoin Set to Post Best September Ever on Rate Cut
Yesterday at 5:06 am by Rocky
» What is the truth about the existence of a naval embargo imposed on Iraq?
Yesterday at 5:04 am by Rocky
» More than $70 million in Iraqi imports of Indian tea
Yesterday at 5:03 am by Rocky
» Oil price decline: Impact hits new groups in Iraq
Yesterday at 5:02 am by Rocky
» Parliamentary Finance to NINA: The decline in global oil prices will not affect employees’ salaries
Yesterday at 5:00 am by Rocky
» Al-Hakim: Investing in tourism as one of the sources of financial revenues for the state
Yesterday at 4:59 am by Rocky
» From Najaf Al-Ashraf.. The Minister of Labor announces the completion of the procedures for issuing
Yesterday at 4:58 am by Rocky
» Parliamentary Finance to NINA: The decline in global oil prices will not affect employees’ salaries
Yesterday at 4:56 am by Rocky
» 19,000 dinars difference from the official price.. The dollar falls slightly in Baghdad
Yesterday at 4:52 am by Rocky
» Al-Asadi: We call on citizens to invest in the retirement and social security law
Yesterday at 4:51 am by Rocky
» “Worth $4 billion”: Iran exports engineering services to Iraq
Yesterday at 4:48 am by Rocky
» US, Iraq agree to end 'alliance' in September 2025
Yesterday at 4:46 am by Rocky
» New tax will push house prices up, Iraq's real estate market into recession
Yesterday at 4:45 am by Rocky
» It is black and includes Iraq.. Netanyahu waves the “curse map” before the United Nations
Yesterday at 4:43 am by Rocky
» “The wiretapping scandal” complicates the political scene.. The second term is far from Al-Sudani
Yesterday at 4:42 am by Rocky
» Suspicions surround hospital projects.. Is corruption hindering the Chinese agreement in Iraq?
Yesterday at 4:41 am by Rocky
» Statement issued by the media office of Dr. Iyad Allawi
Yesterday at 4:39 am by Rocky
» Faeq Zidane: The jurisdiction of law and judiciary is a constitutional and legal jurisdiction
Yesterday at 4:37 am by Rocky
» Sudanese arrives in Baghdad
Yesterday at 4:36 am by Rocky
» Planning: Completion of 70% of inventory and numbering work in Kirkuk
Yesterday at 4:34 am by Rocky
» Rafidain Bank announces granting real estate loans to three categories
Yesterday at 4:33 am by Rocky
» Dollar price today
Yesterday at 4:32 am by Rocky
» Netanyahu enters with maps and attendees leave the General Assembly session.. What did he mention Ir
Yesterday at 4:29 am by Rocky
» The historic agreement on international withdrawal... a turning point in the path of Iraqi sovereign
Yesterday at 4:27 am by Rocky
» Includes citizens, employees and retirees.. A real estate loan from Rafidain worth 150 million dinar
Yesterday at 4:24 am by Rocky
» Does it include an American withdrawal? Two important indications in the statement "ending the missi
Yesterday at 4:22 am by Rocky
» Dollar exchange rates drop in Iraqi stock exchanges
Yesterday at 4:21 am by Rocky
» Will the drop in oil affect only employees' salaries or all segments of society?
Yesterday at 4:19 am by Rocky
» North Carolina removes 747,000 from voter rolls
Fri 27 Sep 2024, 5:03 pm by Bama Diva
» The full extent of the Biden-Harris criminal alien invasion REVEALED
Fri 27 Sep 2024, 4:32 pm by Bama Diva
» utube 9/24/24 MM&C Iraqi Dinar News-IRAQ-INTERNATIONALISM NY-2023 to 2029 Road Map - Social- Finan
Fri 27 Sep 2024, 7:17 am by Rocky
» Hanoun calls for benefiting from the Chinese economic experience and linking the Silk Road between t
Fri 27 Sep 2024, 7:12 am by Rocky
» Gulf-American statement directs a strict request to Iraq
Fri 27 Sep 2024, 7:10 am by Rocky
» Conflict escalates in the Middle East, warning of Iraq slipping deeper into confrontation
Fri 27 Sep 2024, 7:08 am by Rocky
» EU 'concerned' over increasing executions in Iraq
Fri 27 Sep 2024, 7:05 am by Rocky
» Mustafa Sand: The judiciary has proven the “wiretapping” issue, and Al-Sudani’s brother is involved
Fri 27 Sep 2024, 7:04 am by Rocky
» Parliamentary Committee Talks in Numbers About Iraq’s Water Crisis with Türkiye and Proposes a Solut
Fri 27 Sep 2024, 7:01 am by Rocky
» Why did the Central Bank hesitate to implement the measures taken against Iraqi private banks?
Fri 27 Sep 2024, 7:00 am by Rocky
» US State Department: Announcement of agreement on the future of the international coalition from Ira
Fri 27 Sep 2024, 6:58 am by Rocky
» Housing Crisis in Iraq: “Ambitious” Government Plans and Fears of Monopoly
Fri 27 Sep 2024, 6:55 am by Rocky
» Will privatization save Iraq's economy or open the door to corruption?
Fri 27 Sep 2024, 6:52 am by Rocky
» Parliament: Agreement with the regional government to review its oil contracts to adapt them constit
Fri 27 Sep 2024, 6:51 am by Rocky
» Interior Minister: Iraq is free of drug factories
Fri 27 Sep 2024, 6:50 am by Rocky
» Anbar Alliance: Halbousi clings to power because he fears opening major files against him
Fri 27 Sep 2024, 6:48 am by Rocky
» Rising prices of oil derivatives in Kurdistan.. reasons and goals
Fri 27 Sep 2024, 6:46 am by Rocky
» Economist calls on the government to resort to tax exemption
Fri 27 Sep 2024, 6:45 am by Rocky
» Iraqi Oil Company for Investment and Pricing of Raw Gas Produced
Fri 27 Sep 2024, 6:44 am by Rocky
» Increase in activity at Mandali border crossing during the current year
Fri 27 Sep 2024, 6:43 am by Rocky
» MP: New cities map will include eight governorates next year
Fri 27 Sep 2024, 6:42 am by Rocky