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Parliament was held after the US occupation of Iraq in 2003. The first
parliamentary elections were held in 2005, after the ratification of a permanent
constitution in a referendum in which all elements of the Iraqi people participated,
marking a revival of parliamentary life in Iraq after it had been stumbling under the
Baath regime.
During this decade, Iraq has undergone several security, political, economic, and
social crises, which obstructed the work of the parliament and its implementation
of necessary legislation to convert the constitution to enforced legislative acts and
the regulatory work of the parliament. Throughout this period, Iraqi
Parliamentarians were accused of failing to do their jobs and being committed to
the narrow interests of their political parties and blocs, at the expense of social
welfare, civil peace, and democracy.
Article 61 also regulates the possibility and mechanisms for holding the President
accountable and relieving him of his post, in addition to holding the prime minister
and other ministers accountable. MPs are entitled to “present any issue for
discussion and ask for clarification on the policy or performance of the cabinet or
any of the ministries,” as well as to withdraw their confidence in the prime minister
or any minister by an absolute majority.”
The Iraqi Council of Ministers may not declare or reinstate a state of war or
emergency without referring to the Council of Representatives. In the event of war
or state of emergency, the parliament does not lose its regulatory right. The
constitution states that the prime minister is to present the Council of
Representatives with “measures taken and their results during the period of
declared state of war or emergency within 15 days of completion of these
measures.”
Parliamentary Work
The regulatory and legislative aspects as stipulated by the constitution do not pose
major constraints on deciding upon legislation, laws, or regulation of the
government. This is due to the fact that the constitution guarantees a multitude of
powers to members of parliament.
The political situation, however, proved an obstruction due to legislations and
appointments of senior staff requiring political consensus from all political blocs in
order to be passed, since the majority of resolutions presented to the parliament
for voting depend on an absolute majority of votes.
The Iraqi Parliament has not enacted the necessary legislation to transform the
provisions of the constitution into enforced laws that transform Iraq into a
democratic state that respects the rule of law and human rights. Many Iraqi laws
remain dependent on legislation enacted before 2003. Article 130 of the
permanent constitution stipulates that “legislation remains in effect unless it is
annulled or amended in accordance with the provisions of the constitution,” so the
parliament refrains from making laws, and the previous legislation remains in
force.
Though a law protecting journalistic freedoms was passed by the Iraqi Parliament
in 2011, many experts consider the law disappointing and representing a threat to
freedom of press.
According to Article 48, the federal legislative authority of Iraq is comprised of the
Council of Representatives and the Federation Council. Although Article 65 of the
constitution defines the Federation Council’s members as “representatives of
those regions and governorates not associated with a region,” the constitution
does not address the composition and responsibilities of the Federation Council
nor all that is involved in “a law that is enacted by the majority of members of the
Council of Representatives.” In other words, the 2005 Constitution gave the
Council of Representatives full powers through the Federation Council draft law.
Despite the legislative importance of the council, to date the Federal Court is the
institution carrying out the tasks of the Federation Council regarding vetoing or
passing of laws. Legal experts in Iraq consider this unconstitutional. Debate about
the draft Federation Council Law was postponed for many years after credence of
the constitution.
In 2014, the parliament held initial deliberations on the draft law, but it has not yet
been presented for second deliberation, nor approved or amended until today as
the details of the law are reason for dispute between the various political parties.
On the other hand, successive parliaments have passed several laws of political,
economic, and social importance. Most prominent of these was the Amended
Governorates Not Associated with a Region Law No. 21 of 2008, amended for the
second time in 2013 and enforced in 2015. By way of the administrative
decentralization system, it provides governorate councils with the possibility to
assess the service and economic needs of each governorate, and allows them to
start developing thereon. Parliament also approved the Social Protection Law –
addressing social security – the Labour Law; as well as the fourth amendment to
the Street Paving Law. Should these laws be implemented effectively, they would
have a profound impact on the lives of Iraqis.
Iraq’s labour law is advanced compared to similar laws in other countries of the
region, because it is based on the conventions of the International Labour
Organisation and the Arab Labour Organisation . It protects trade-union
associations and the freedom of trade-union organisation, and it addresses child
labour and sexual harassment in the workplace.
The main problem of the various Iraqi parliaments since 2003 has been the
sectarian and ethnic structure of the parliament. Most parties and coalitions in the
Iraqi parliament are either sectarian or nationalist, which has led to agreements
between these trends on “sectarian apportionment,” a synonym for “consensual
democracy” as a political system of governance. This is evident in the
constitution’s adoption of the absolute majority mechanism in law enactment,
decisions, and appointments by the parliament. The parties failed to agree on the
general framework of the new Iraqi state, so many controversial issues were
deferred when the constitution was drafted.
During nearly a decade of parliamentary life, it remains difficult for the Iraqi
parliament to enact or amend controversial laws, and it continually defers them.
For example, Election Law No. 16 of 2005 remains controversial amongst political
streams, and prescribes the method of electoral lists, rounds, and vote counting
system in addition to the topic of dual citizenship. The law is amended each
election cycle. There are also many controversial laws that have not yet been
enacted because of the lack of trust between political blocs. A consensus has not
been reached yet on the structure of the government, including the laws on
general amnesty, the National Guard, and the sharing of oil and gas revenues.
Many observers believe that enactment of these laws without consensus between
the chairmen and representatives of political blocs outside the parliament and
before submitting the draft laws to the parliament contributes to continuing political
and social tensions in Iraq.
The political and security situation in Iraq means that a breakthrough in the
legislative work of the parliament and its organisation will not be achieved any time
soon.
Executive Authority
The current Prime Minister of Iraq is Haider al-Abadi, who holds most of the
executive authority and appoints the Council of Ministers, which acts as a
cabinet and/or government.
Federal Government
The federal government of Iraq is defined under the current Constitution as an
Islamic, democratic, federal parliamentary republic. The federal government is
composed of the executive, legislative, and judicial branches, as well as
numerous independent commissions.
Legislative Branch
The legislative branch is composed of the Council of Representatives and a
Federation Council. The executive branch is composed of the President, the
Prime Minister, and the Council of Ministers. The federal judiciary is
composed of the Higher Judicial Council, the Supreme Court, the Court of
Cassation, the Public Prosecution Department, the Judiciary Oversight
Commission, and other federal courts that are regulated by law. One such
court is the Central Criminal Court.
High Commissions and Council of Representatives
The Independent High Commission for Human Rights, the Independent High
Electoral Commission, and the Commission on Integrity are independent
commissions subject to monitoring by the Council of Representatives. The
Central Bank of Iraq, the Board of Supreme Audit, the Communications and
Media Commission, and the Endowment Commission are financially and
administratively independent institutions. The Foundation of Martyrs is
attached to the Council of Ministers. The Federal Public Service Council
regulates the affairs of the federal public service, including appointment and
promotion.
Current Members:
Chief of State: President TBD 2014
Head of Government: Prime Minister Haider al-Abadi elected 2014
8. What are the main issues surrounding the current Iraqi government?
Political pressure groups are causing great inner political turmoil, with Sunni
and Shia militias as well as various tribal parties.
After some delay, in October 2005 a two-thirds majority of voters ratified a new
constitution, which had been created to replace the TAL by a 55-member panel
representing the three main factions: Kurds, Shiites, and Sunnis. Although
some elements remained in dispute, the new charter embodied the same
fundamental elements as the TAL, describing Iraq as a "multiethnic, multi-
religious, and multi-sect country."
In April 2005, the following individuals were chosen to lead the interim
government through the approval of a constitution and election of permanent
national officials: a Shia, Ibrahim al Jafari, as prime minister; a Kurd, Jalal
Talabani, as president; and a Sunni, Hachim Hasani, as president of the
National Assembly. Following approval of the constitution in October and
parliamentary elections in December 2005, formation of a permanent
government began. For a transitional period of one session of the legislature,
executive power remained with a three-person Presidential Council consisting
of the president and two vice presidents. The council's actions required
unanimity among its three members. Talabani remained president; his vice
presidents were the Shia Adil Abdul Mahdi and the Sunni Tariq al Hashimi. In
the spring of 2006, Prime Minister Nouri al Maliki, who had replaced Jafari, was
able to end months of political deadlock by gaining parliamentary approval of a
full slate of 36 ministers, who constituted the first permanent government since
2003. Four ministers were women. In an attempt to broaden support for his
government, in mid-2006 Maliki established the Supreme Committee for
Reconciliation and National Dialogue, which included members from a wide
cross-section of social groups.
A new electoral law in 2009 increased the size of the Council from 275
members (formerly 230 seats from party lists in each governorate and 45
national compensatory seats) and replaced a closed-list system with open party
lists. Under the new system, 310 seats are apportioned among 18
governorates, 7 are nationwide compensatory seats, 8 are reserved to minority
groups in specific governorates (Christian (5), Sabean (1), Shabak(1), and
Yizidi(1)). The Christian seats are, however, voted for across the national
constituency. Constitutionally, the membership of the Council is to seek to
achieve at least 25% (82 seats) representation of women. The 7 national
compensatory seats are awarded to lists based on the country-wide proportion
of seats won at the governorate-level tier. The Council election also allows for
the participation of out-of-country voters (OCV), who are able to vote at the
governorate-level tier. At least one-quarter of the members of the Council of
Representatives must be female. The responsibilities of the Council of
Representatives include enacting federal laws, monitoring the executive
branch, and electing the president of the republic.
Iraq's judicial branch is independent, and is under no authority but that of the
law. The federal judicial authority is comprised of the Higher Judicial Council,
Federal Supreme Court, Court of Cassation, Public Prosecution Department,
Judiciary Oversight Commission, and other federal courts. The Higher Judicial
Council supervises the affairs of the federal judiciary. The Federal Supreme
Court has limited jurisdiction related to intra-governmental disputes and
constitutional issues. The appellate courts appeal up to the Court of Cassation,
the highest court of appeal. The establishment of the federal courts, their types,
and methods for judicial appointments will be set forth by laws enacted by the
Council of Representatives.
https://www.globalsecurity.org/military/world/iraq/government.htm
The country remained under the regime of the Baath (Arab Socialist Resurrection) Party,
which had seized power through a coup d'etat in July 1968. The legality of government
institutions and actions was based on the Provisional Constitution of July 16, 1970, which
embodied the basic principles of the Baath Party-- Arab unity, freedom, and socialism.
These principles were in turn rooted in the pan-Arab aspirations of the party, aspirations
sanctified through identification with the historic right and destiny of all Arabs to unite
under the single leadership of "the Arab Nation."
The most powerful decision-making body in Iraq, the tenmember Revolutionary Command
Council (RCC), which functioned as the top executive and legislative organ of the state,
was for all practical purposes an arm of the Baath Party. All members of the RCC were
also members of the party's Regional Command, or state apparatus. President Saddam
Husayn was both the chairman of the RCC and the secretary general of the Baath's
Regional Command. He was generally recognized as the most powerful political figure in
the country.
From its earliest days, the Baath Party was beset by personality clashes and by factional
infighting. These problems were a primary cause of the failure of the first Baath attempt to
govern Iraq in 1963. After the Baath returned to power in 1968, intraparty fissures were
generally held in check, albeit not eliminated, by President Ahmad Hasan al Bakr. When
Saddam Husayn succeeded to the presidency in 1979, he also commanded the loyalty of
the major elements of the Baath.
Saddam Husayn and other Baath leaders have always regarded the ability to balance
endemic intraparty tensions--such as those between military and civilian elements and
among personalities across boundaries of specialization--as the key to success in Baghdad.
Above all, they perceived harmony in the militarycivilian coalition as pivotal. Although the
Baath had begun recruiting within the Iraqi military as early as 1958, and within ten years
military members constituted the backbone of the party's power, civilian Baath leaders
maintained overall control of the party.
Iraqi politics under the Baath regime were generally geared toward mobilizing support for
the regime. Loyal opposition had no place, and it was not recognized as legitimate. The
party leaders believed competitive politics ill-suited to Iraq, at least during the indefinite
transitional period. They condemned partisan political activity, which they insisted had had
damaging consequences on national unity and integration. The Baath also invoked Iraq's
unhappy legacy of ethnic and regional cleavages as justification for harsh curbs on political
rights.
In 1988, twenty years after the Baath had come to power, it still was not possible to assess
popular attitudes toward Saddam Husayn, toward the Baath Party, toward political
institutions, or toward political issues because there had been insufficient field research in
the country. Even though elections for a National Assembly had been held in 1980 and
again in 1984, these had been carefully controlled by the government, and genuinely free
elections had not been held for more than thirty years. Politicians or groups opposed to the
principles of the 1968 Baath Revolution of July 17 to 30 were not permitted to operate
openly. Those who aspired to be politically active had few choices: they could join the
highly selective Baath Party, remain dormant, go underground or into exile, or join the
Baath-sponsored Progressive National Front (PNF).
The PNF, which came into existence in 1974, was based on a national action charter that
called for collaboration between the Baath and each of the other parties considered to be
both progressive and nationalist. The PNF served as the only riskfree , non-Baath forum
for political participation, although even this channel was denied to those whose loyalties
to the regime were suspect. The Baath Party's objectives in establishing the front were to
provide the semblance of broad popular support for the government as well as to provide
the facade of alliance among the Baath and other parties. The Baath, however, held a
dominant position within the front and therefore assumed sole responsibility for carrying
out the decisions of the front's executive commission, which was composed of the Baath's
most important members and sympathizers.
In early 1988, the war with Iran continued to preoccupy Saddam Husayn and his
associates. Approximately 75,000 Iraqis had been killed in the war, and about 250,000 had
been wounded; more than 50,000 Iraqis were being held as prisoners of war in Iran.
Property damage was estimated in the tens of billions of dollars; destruction was especially
severe in the southern part of the country.
http://countrystudies.us/iraq/69.htm
http://countrystudies.us/iraq/
Helen Chapin Metz, ed. Iraq: A Country Study. Washington: GPO for the Library of Congress,
1988.
Political structure
Official name
Republic of Iraq
Executive
A new government is currently in the process of being formed, following the May 12th
parliamentary election. The prime minister has executive authority, and the position of
president is largely ceremonial. In August 2015 Mr Abadi abolished the post of deputy prime
minister and also the posts of some minor ministers; he planned to abolish the vice-
presidencies as well, but this was rejected by the Supreme Court
National elections
The unity government includes all major parties. The three prominent Shia parties are Dawa,
the party of Mr Abadi and the main component of the State of Law (SoL) electoral list; the
Islamic Supreme Council of Iraq (ISCI); and the Sadrists (associated with Moqtada al-Sadr, a
cleric). The three main Kurdish parties are the Kurdistan Democratic Party (KDP), the Patriotic
Union of Kurdistan (PUK) and Gorran. Iraqiya, the main cross-sectarian list, fragmented before
the 2014 election and its heirs include Mutahidoun, a Sunni Arab coalition led by Osama
al-Nujaifi; Arabiya (also largely Sunni Arab), headed by Salah al-Mutlaq; and the more secular
Wataniya, under Ayad Allawi. Among the representatives of minorities are the Iraqi Turkoman
Front and the Assyrian Democratic Movement. Aside from Islamic State, there are other Sunni
insurgent groups, including Islamists, Baathists and tribal forces. There are also Shia militias
The government
Vice-presidents:
Ministers (selected)
Trade: Vacant
Salim al-Jabouri
Introduction
The Executive
The Executive is headed by the President, who is also head of state. The
President is elected by a two-third majority of the Council of Representatives ,
Iraq’s Parliament. The President is elected to serve a four-year term in office, after
which he may be re-elected once. The President approves laws which have been
passed by Parliament, and is the ceremonial head of the Armed Forces. He also
fulfils ceremonial duties for Iraq. The President is aided by two Vice-Presidents.
Together they form the Presidency Council, which makes decisions by unanimous
vote.
There is also a Council of Ministers, consisting of the Prime Minister and other
ministers. After the outcome of the parliamentary general election has been
established, the Presidency Council summons the leader of the largest party or
political block in Parliament to form a new government. It can assume
its responsibilities once a majority in Parliament has adopted a vote of confidence.
The Prime Minister chairs the Council of Ministers and thus leads the daily politics
of decision-making. The Prime Minister can dismiss a minister, with the support of
a majority in Parliament. The Prime Minister is also Commander-in-Chief of the
Armed Forces.
The Legislative
Iraqi National Accord: also known as the National Reconciliation Movement, this party was
founded in 1990 and led by former prime minister Ayad Allawi. It is considered a liberal party
that seeks political action far from sectarian quotas. It was among the opposition groups that
formed the Iraqi National List (INL), which won the majority of parliamentary seats in the 2010
elections. In the 2014 elections, and after the dissolution of the INL, the Iraqi National Accord
entered into a new coalition called the National Coalition (Wataniya), taking 21 seats.
Islamic Dawa Party : led by Nouri al-Maliki, who was prime minister from May 2006
to September 2014, and contains within its ranks the current Prime Minister Haider
al-Abadi. It was one of the component parties of the State of Law Coalition, which
came second in the 2010 elections with 89 of the 328 available seats, and
subsequently dominated the 2014 elections, winning 94 seats.
The Sadrist Movement: a political and religious movement headed by the Shia
cleric Muqtada al-Sadr , and indirectly representing the militia groups Mahdi Army,
the Promised Day Brigade and the Peace Companies. The al-Ahrar Bloc, a Shia
coalition of which the movement was part, took 33 seats in the 2014 elections.
The Patriotic Union of Kurdistan (PUK): a liberal, secular party led by former
president Jalal Talabani. The party describes its goals as self-determination,
human rights, democracy and peace for the Kurdish people of Kurdistan and Iraq.
In the 2010 elections, PUK and the Kurdistan Democratic Party (KDP) formed the
Kurdistan Alliance, coming in fourth place with 43 seats. In the 2014 elections,
PUK, running independently of the KDP, obtained 19 seats.
Kurdistan Democratic Party : has a wide presence among the Kurdish clans, and is
led by Masoud Barzani, the president of Iraqi Kurdistan. The party seeks to secure
the right of the Kurds to self-determination, to develop a federal-parliamentary
system and to guarantee the participation of Kurds in political decision-making
through representation in federal institutions. The KDP won 19 seats in the 2014
elections.
The Judicial
The Judicial is made up of the Higher Judicial Council, the Supreme Court, the Court of
Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, the Central
Criminal Court, and other federal courts, each with their own powers.
The legal system is based on a mixture of civil and Islamic law. In practice, the
functioning of the political system, which came into being after 2003, is far from
perfect. In fact, in many repects Iraq might be termed a dysfunctional state.
The Military
In May 2003, the Coalition Provisional Authority dismantled the Iraqi military and
sent home its personnel, a move widely considered unwise. With time to spare and
with their military expertise the disbanded military provided a large pool of
insurgents. In place of the armed forces that had fought for Saddam Hussein
against Iran , the American-led coalitions, and against large parts of the Iraqi
population, a politically neutral military was envisioned.
From 2003 American advisers, mostly private contractors, trained the Iraqi armed
forces from scratch, until 2011, when the last American troops left the country.
According to the British International Institute of Strategic Studies (IISS), the army
alone has nearly 300,000 troops under its command, augmented by more than half
a million police and government militia.
These troops had their baptism of fire in 2008. The year before, the British
occupation forces had left the southern city of Basra, leaving a power vacuum that
was quickly filled by radical Shiite militia groups, such as the Iranian-influenced
Mahdi Army of cleric Muqtada Sadr, and by lawlessness in general. With British
and American air and artillery support and provided with ample intelligence on
Mahdi Army positions, in particular, Iraqi forces subdued the armed opposition and
restored order within weeks.
The Collapse
The collapse of the Iraqi armed forces in Mosul in 2014 against combatants of the
Islamic State (IS) is in stark contrast with the relatively muscular image the regular
troops had built up previously. It was reported that the personnel of two Iraqi
divisions, some 15,000 men, changed into civilian clothes and fled, when
confronted with some 800 IS men. Hundreds were captured by IS and summarily
executed. The Iraqi Army left equipment and supplies behind.
The main reason for this collapse is generally considered to have been poor
leadership, the lack of training and glaring deficiencies in equipment, such as lack
of artillery and air support, but especially the army’s low morale. Sunni units just
did not want to fight for the Shiite-dominated government, and Shiites did not want
to fight for Sunni towns. Corruption is rife. Although a large amount of Gulf War-
era materiel was kept in service, a large-scale modernization plan was initiated. T-
72 Tanks were bought from Hungary, and armoured personnel carriers were
provided by Switzerland and Ukraine.
The United States provided the most equipment, some of it sold to the Iraqi
government, and other materiel was left behind by withdrawing American
occupation forces, such as ‘up-armoured’ Humvees and assorted Mine Resistant
Ambush Protected (MRAP) vehicles.
One of the most notable ‘big ticket’ items was the US M1 Abrams tank, of which
the Iraqi Army was supposed to receive a total of 320. In October 2014, fewer than
two hundred have been delivered, and it is doubtful whether the rest of the order
will materialize, given the shaky morale of the government troops. IS has paraded
and used captured Abrams tanks.
The Iraqi air force was once a large and capable organization equipped with
relatively modern Russian and French fighter-bombers. After more than a hundred
aircraft fled the allied onslaught in the first Gulf War in 1991, seeking refuge in
Iran, it became a hollow force with little flying equipment and even less operational
training.
In June 2014 the first of an order of 36 F-16 fighter-bombers was handed over to
the Iraqi air force. In the following November the date for initial operational
capability remains unclear.
Another curious chapter was opened when then-prime minister Nuri al-Maliki
declared in June 2014 that his country had bought Su-25 ground-attack aircraft
from Belarus and the Russian Federation in order to stop IS convoys on their way
to Baghdad and the Shiite south of Iraq. Also, Iranian Su-25 planes were seen on
an Iraqi air base near the capital, Baghdad. Ironically these could have originated
in Iraq, when some of these had sought refuge in neighbouring Iran in 1991.
The Iraqi navy, the smallest of the armed sevices, has also seen some
modernization, after most of the equipment was lost or damaged between 1991
and 2003. The navy had always been modest, as the Iraqi coastline measures only
some sixty kilometres. In 2014 the single Iraqi naval base at Umm Qasr is being
modernized under the supervision of the US Army Corps of Engineers, with the
construction of, among other things, a pier and seawall.
The inventory of vessels is being upgraded as well, after the onslaught of 2003
and preceding allied bombardments that turned most vessels into sunken hulks.
The Iraqi navy currently operates four Italian-made 54-metre patrol vessels, five
Chinese-built Predator-class patrol boats, and some thirty small US-built Defender
rigid-hull inflatable boats (RHIBs). The Iraqi navy also took delivery of a dozen
American new-built Swiftship patrol boats, the last in 2014.
https://fanack.com/iraq/governance-and-politics-of-iraq/