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Politics of Iraq
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The politics of Iraq takes place in a framework of a more or less federal parliamentary representative democratic republic, whereby the Prime Minister of Iraq is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly of Iraq. Politics of Iraq includes the social relations involving authority or power in Iraq. Before the fall of Saddam Hussein in 2003, the Ba'ath Party officially ruled. The occupation yielded to an interim Iraqi constitution, which was replaced by a permanent constitution following approval in a referendum held on October 15, 2005.
A permanent 275-member Iraqi National Assembly was elected in a general election in December 2005, initiating the formation of a new government.
The Prime Minister of Iraq is Nouri al-Maliki, who holds most of the executive authority and appoints the .
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Encyclopedia
The politics of Iraq takes place in a framework of a more or less federal parliamentary representative democratic republic, whereby the Prime Minister of Iraq is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly of Iraq. Politics of Iraq includes the social relations involving authority or power in Iraq. Before the fall of Saddam Hussein in 2003, the Ba'ath Party officially ruled. The occupation yielded to an interim Iraqi constitution, which was replaced by a permanent constitution following approval in a referendum held on October 15, 2005.
A permanent 275-member Iraqi National Assembly was elected in a general election in December 2005, initiating the formation of a new government.
The Prime Minister of Iraq is Nouri al-Maliki, who holds most of the executive authority and appoints the . The current President of Iraq is Jalal Talabani, who serves largely as a figurehead, with few powers. The vice presidents are Tariq al-Hashimi and Adel Abdul Mehdi, deputy leader of SCIRI, the largest party in the Iraqi National Assembly.
Occupation
Iraq has been occupied by foreign troops since the 2003 invasion of Iraq, with military forces coming primarily from the United States. Most foreign militaries operate under the umbrella of the Multinational force in Iraq (the MNF–I), authorized under United Nations Security Council Resolution 1790 until December 31, 2008. Details about a Status of Forces Agreement between the U.S. and Iraq emerged in mid-October which included a timetable for withdrawal. It immediately encountered significant opposition over vague withdrawal terms and immunity for U.S. troops. There has also been mention of negotiations for a separate "strategic framework agreement" that would potentially cover "in addition to security, the political, the economic, [and] cultural … relations."
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 the Federation Council.
Council of Representatives
The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people." The members are elected for terms of 4 years.
The council elects the President of Iraq; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.
Federation Council
The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.
Executive branch
The executive branch is composed of the President and the Council of Ministers.
President
The President of the Republic is the head of state and "safeguards the commitment to the Constitution and the preservation of Iraq's independence, sovereignty, unity, the security of its territories in accordance with the provisions of the Constitution." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardons on the recommendation of the Prime Minister, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
Presidency Council
The Presidency Council is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified and a government is seated.
Council of Ministers
The Council of Ministers is composed of the Prime Minister and his cabinet. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.
The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.
Judicial branch
The federal judiciary is composed of the Supreme 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.
Higher Judicial Council
The Supreme Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.
Supreme Court
The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.
Central Criminal Court
The Central Criminal Court of Iraq is the main criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court, and a criminal court.
Independent commissions and institutions
The High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public 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.
Local government
The basic subdivisions of the country are the autonomous regions and the governates. The last local elections for the governates were held on 31 January 2009.
Governates
Iraq is divided into 18 governorates (or muhafazah):
The governorates are further divided into districts (or qadhas). As of 1 September 2008, eleven of the eighteen governorates are under direct Iraqi control: Al-Muthanna, Dhi Qar, An-Najaf, Maysan, Arbil, As-Sulaymaniyyah, Dahuk, Al-Karbala', Al-Basrah, Al-Qadisiyyah and Al-Anbar. Seven governorates are controlled by multi-national coalition forces: Baghdad, Salah ad-Din, Diyala, Wasit, Babil, Ninawa, and Kirkuk (or At-Ta'mim).
On 9 November 2008 the Iraq High Electoral Committee told Agence France-Presse that provincial elections would be held on 31 January 2009.
Autonomous regions
The constitution requires that the Council of Representatives enact a law which provides the procedures for forming a new region 6 months from the start of its first session. A law was passed 11 October 2006 by a unanimous vote with only 138 of 275 representatives present, with the remaining representatives boycotting the vote. Legislators from the Iraqi Accord Front, Sadrist Movement and Islamic Virtue Party all opposed the bill.
Under the law, a region can be created out of one or more existing governorates or two or more existing regions, and a governorate can also join an existing region to create a new region. A new region can be proposed by one third or more of the council members in each affected governorate plus 500 voters or by one tenth or more voters in each affected governorate. A referendum must then be held within three months, which requires a simple majority in favour to pass. In the event of competing proposals, the multiple proposals are put to a ballot and the proposal with the most supporters is put to the referendum. In the event of an affirmative referendum a Transitional Legislative Assembly is elected for one year, which has the task of writing a constitution for the Region, which is then put to a referendum requiring a simple majority to pass. The President, Prime Minister and Ministers of the region are elected by simple majority, in contrast to the Iraqi National Assembly which requires two thirds support.
Political parties and elections
Iraqi Transitional National Assembly Election, January 2005
On January 30, 2005, the Iraqi people chose representatives for the newly-formed and transitional 275-member Iraqi Transitional National Assembly in legislative elections nationwide. Following the ratification of the constitution of Iraq on October 15, 2005, a general election was called for 15 December to elect a full 4 year term 275-member Council of Representatives of Iraq.
The Transitional National Assembly (Majlis al-Watani), had 275 seats, the same number as the Council of Representatives of Iraq, but its members were elected for a mandate of no more that a year. No Ba'ath candidates were allowed to run.
In November 2003, the US-managed Coalition Provisional Authority announced plans to turn over sovereignty to an Iraqi Interim Government by mid-2004. The actual transfer of sovereignty occurred on 28 June 2004. The interim president installed was Sheikh Ghazi Mashal Ajil al-Yawer, and the interim prime minister was Iyad Allawi, a man who had been a CIA asset according to former U.S. intelligence officials ().
The election was seen by some as a victory for democracy in the Middle East, but that opinion is not shared by all, especially as most of the Arab Sunnis boycotted the vote. Seymour Hersh has reported that there was an effort by the U.S. government to shift funds and other resources to Allawi and that there may have been similar under-the-table dealings by other parties. Although he did not get the most seats in the Iraqi Congress, Allawi's delegation jumped from a projected 3-4% of the vote to 14% of the vote, giving him power in the writing of the Constitution.
The Iraqi Transitional Assembly would:
- Serve as Iraq's national legislature. It has named a Presidency Council, consisting of a President and two Vice Presidents. (By unanimous agreement, the Presidency Council will appoint a Prime Minister and, on his recommendation, cabinet ministers.)
- Draft Iraq's new constitution. This constitution was presented to the Iraqi people for their approval in a national referendum in October 2005. Under the new constitution, Iraq would elect a permanent government in December 2005 as new legislative elections were held for the Council of Representatives of Iraq.
Under the Iraqi transitional constitution, signed March 2004, the country's executive branch is now led by a three-person presidential council. The election system for the council effectively ensures that all three of Iraq's major ethnic groups are represented. The constitution also includes basic freedoms like freedom of religion, speech, and assembly, and is perceived by some to be more progressive than the U.S. Constitution. Controversially, however, it states that all laws that were in effect on the transfer date cannot be repealed. Furthermore, since the coalition forces are currently working to maintain order and create a stable society under the United Nations, coalition troops can remain in control of the country indefinitely despite the transfer of sovereignty. Since Iraqi forces are currently considered not fully trained and equipped to police and secure their country, it is expected that coalition troops will remain until Iraqi forces no longer require their support. However, these rules will be set aside once the Transitional National Assembly is seated.
On 5 April 2005, the Iraqi Transitional National Assembly appointed Jalal Talabani, a prominent Kurdish leader, President. It also appointed Adel Abdul Mehdi, a Shiite Arab, and Ghazi al-Yawar, the former Interim President and a Sunni Arab, as Vice Presidents. Ibrahim al-Jaafari a Shiite, whose United Iraq Alliance Party won the largest share of the vote, was appointed the new Prime Minister of Iraq. Most power is vested in him. The new government was faced with two major tasks. The first is to attempt to rein in a violent insurgency, which has blighted the country in recent months, killing many Iraqi civilians and officials as well as a number of U.S. troops. (As of mid-2005, approximately 135,000 American troops remain in Iraq with 2,214 U.S. soldiers killed.) The second major task was to re-engage in the writing of a new Iraqi constitution, as outlined above, to replace the Iraqi transitional constitution of 2004.
After the legislative elections held in December 2005, where 76,4% of registered voters participated, the Iraqi government is considered by 44 international governments to be a legitimate government. According to the U.S. administration, the judiciary in Iraq operates under the primacy of rule of law, so those convicted of war crimes from the former regime of Saddam Hussein will get a open trial, in which their rights will be subjected to due process and be protected by the scrutiny of a free press, the requirements of modern court proceedings.
Iraqi Council of Representatives Election, December 2005
See also
External links
- (as of May 1, 2007) -- An EPIC Resource
- U.S. Institute of Peace Special Report, March 2006
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- : April 20, 2005, sponsored by the Program in Arms Control, Disarmament, and International Security at the University of Illinois.
- M. Ismail Marcinkowski, Religion and Politics in Iraq. Shiite Clerics between Quietism and Resistance, with a foreword by Professor Hamid Algar of the University of California at Berkeley. Singapore: Pustaka Nasional, 2004 (ISBN 9971-77-513-1)
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