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Politics and government of
Iraq
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- Government from 2006
- Presidency Council
- Council of Ministers
- Council of Representatives
- Kurdistan Regional Government
- Kurdish National Assembly
- Iraqi High Tribunal
- Governorates
- Political parties
- Elections
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- Legislative: Jan 2005 Dec 2005
- Constitutional referendum
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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 cabinet. 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.
Contents
- 1 Occupation
- 2 Government
- 2.1 Legislative branch
- 2.1.1 Council of Representatives
- 2.1.2 Federation Council
- 2.2 Executive branch
- 2.2.1 President
- 2.2.1.1 Presidency Council
- 2.2.2 Council of Ministers
- 2.3 Judicial branch
- 2.3.1 Higher Judicial Council
- 2.3.2 Supreme Court
- 2.3.3 Central Criminal Court
- 2.4 Independent commissions and institutions
- 3 Local government
- 4 Political parties and elections
- 4.1 Iraqi National Assembly Election
- 5 See also
- 6 References
- 7 External links
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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, cultural … relations.”
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
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Main article: Council of Representatives of Iraq
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
-
Main article: Federation Council of Iraq
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
-
Main article: President of Iraq
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
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Main article: Presidency Council of Iraq
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
-
Main articles: Prime Minister of Iraq and Council of Ministers of Iraq
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
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Main article: Supreme Judicial Council of Iraq
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
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Main article: Supreme Court of Iraq
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
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Main article: Central Criminal Court of Iraq
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
Iraqi Governates and Districts
Iraq is divided into 18 governorates (or muhafazah):
- Baghd?d (?????)
- Sal?h ad-D?n (???? ?????)
- Diy?l? (?????)
- W?sit (????)
- Mays?n (?????)
- Al-Basrah (??????)
- Dh? Q?r (?? ???)
- Al-Muthann? (??????)
- Al-Q?disiyyah (????????)
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- B?bil (????)
- Al-Karbal?’ (??????)
- An-Najaf (?????)
- Al-Anbar (???????)
- N?naw? (?????)
- Dah?k (????)
- Arb?l (?????)
- Kirkuk (or At-Ta’mim) (???????)
- As-Sulaym?niyyah (??????????)
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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-Muthann?, Dh? Q?r, An-Najaf, Mays?n, Arb?l, As-Sulaym?niyyah, Dah?k, Al-Karbal?’, Al-Basrah, Al-Q?disiyyah and Al-Anbar. Seven governorates are controlled by multi-national coalition forces: Baghd?d, Sal?h ad-D?n, Diy?l?, W?sit, B?bil, N?naw?, 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 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
December 2005 election results by plurality (not proportional representation, as was used).
e • d Summary of the 15 December 2005 Council of Representatives of Iraq election results
| Alliances and parties |
Votes |
% |
Seats |
Gain/ loss |
| United Iraqi Alliance |
5,021,137 |
41.2 |
128 |
-12 |
| Democratic Patriotic Alliance of Kurdistan |
2,642,172 |
21.7 |
53 |
-22 |
| Iraqi Accord Front |
1,840,216 |
15.1 |
44 |
+44 |
| Iraqi National List |
977,325 |
8.0 |
25 |
-15 |
| Iraqi National Dialogue Front |
499,963 |
4.1 |
11 |
+11 |
| Kurdistan Islamic Union |
157,688 |
1.3 |
5 |
+5 1 |
| The Upholders of the Message (Al-Risaliyun) |
145,028 |
1.2 |
2 |
+2 |
| Reconciliation and Liberation Bloc |
129,847 |
1.1 |
3 |
+2 |
| Turkmen Front |
87,993 |
0.7 |
1 |
-2 |
| Rafidain List |
47,263 |
0.4 |
1 |
0 |
| Mithal al-Alusi List |
32,245 |
0.3 |
1 |
+1 |
| Yazidi Movement for Reform and Progress |
21,908 |
0.2 |
1 |
+1 |
| National Independent Cadres and Elites |
|
|
0 |
-3 |
| Islamic Action Organization In Iraq - Central Command |
|
|
0 |
-2 |
| National Democratic Alliance |
|
|
0 |
-1 |
| Total (turnout 79.6 %) |
12,396,631 |
|
275 |
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1The KIU contested the previous election as part of the main Kurdish alliance.
Iraqi National Assembly Election
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Main article: Iraqi legislative election, January 2005
On January 30, 2005, the Iraqi people chose representatives for the newly-formed 275-member Iraqi National Assembly in legislative elections. Following the ratification of the constitution of Iraq on October 15, 2005, a general election was called for 15 December to elect a permanent 275-member Iraqi National Assembly.
The unicameral Iraqi parliament, the National Assembly or Majlis al-Watani, had 250 seats and its members were elected for four-year terms. 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 (New York Times, June 9, 2004).
On January 30, 2005, a majority of Iraqi voters voted in an election conducted by their transitional government which elected a 275-member Transitional National Assembly. 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 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.
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 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 elections 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 war criminals from the totalitarian regime of Saddam Hussein will get a fair and 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.
See also
- Reconstruction of Iraq
- Human rights abuses in Iraq
- Post-invasion Iraq, 2003–present
References
- ^ DeYoung, Karen (October 17, 2008), “Gates, Rice Brief Lawmakers On Draft Accord With Iraq”, Washington Post: A21, http://www.washingtonpost.com/wp-dyn/content/article/2008/10/16/AR2008101603793.html, retrieved on 2008-10-31
- ^ Rubin, Alissa J. (October 18, 2008), “Iraqis March in Baghdad to Protest Security Pact”, Washington Post, http://www.nytimes.com/2008/10/19/world/middleeast/19iraq.html?scp=7&sq=&st=nyt, retrieved on 2008-10-31
- ^ Dagher, Sam (October 29, 2008), “Iraqis Insist on Changes to Long-Delayed Security Pact With U.S.”, Washington Post, http://www.nytimes.com/2008/10/30/world/middleeast/30iraq.html?scp=1&sq=&st=nyt, retrieved on 2008-10-31
- ^ “Petraeus, Crocker Testify at Senate Committee on Armed Services Hearing on Iraq”, Washington Post (Congressional Quarterly), April, 8 2008, http://www.washingtonpost.com/wp-srv/politics/documents/iraq_hearing_040808.html, retrieved on 2008-10-31
- ^ Constitution of Iraq, Section 1, Article 2
- ^ Constitution of Iraq, Section 1, Article 1
- ^ Constitution of Iraq, Section 3, Chapter 1, Article 46
- ^ Constitution of Iraq, Section 3, Chapter 1, Article 47
- ^ Constitution of Iraq, Section 3, Chapter 1, Article 54
- ^ Constitution of Iraq, Section 3, Chapter 1, Article 58
- ^ Constitution of Iraq, Section 3, Chapter 1, Article 62
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 63
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 64
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 67
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 69
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 70
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 72
- ^ Constitution of Iraq, Section 6, Chapter 2, Article 134
- ^ Constitution of Iraq, Section 6, Chapter 2, Article 139
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 73
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 75
- ^ Constitution of Iraq, Section 3, Chapter 2, Article 77
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 86
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 88
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 87
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 88
- ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
- ^ Constitution of Iraq, Section 3, Chapter 4, Article 99
- ^ Constitution of Iraq, Section 3, Chapter 4, Article 100
- ^ Constitution of Iraq, Section 3, Chapter 4, Article 101
- ^ Constitution of Iraq, Section 3, Chapter 4, Article 104
- ^ Australian Department of Defence (2006-07-13). “Provincial Iraqi Control - Al Muthanna” (in Australian English). Press release. Retrieved on 2008-09-24.
- ^ “Power handover in Iraqi province”, BBC News (2006-09-21). Retrieved on 24 September 2008.
- ^ U.S. Department of Defense (2006-12-20). “Iraq Officials Assume Control in An Najaf”. Press release. Retrieved on 2008-09-24.
- ^ “Iraqi Troops to Take Control of Maysan Province Next”, VOA News (2006-06-20). Retrieved on 24 September 2008.
- ^ “Iraqi forces take control of Maysaan Province”, U.K. Ministry of Defence (2007-04-07). Retrieved on 24 September 2008.
- ^ Iraqi local elections set for January 31, Baghdad: Agence France-Presse, http://afp.google.com/article/ALeqM5i_bAuKIoD-9wp1lj1xTfv-AuwVCQ, retrieved on 2008-11-09
- ^ Iraq to hold long-awaited polls, http://www.presstv.ir/detail.aspx?id=74870§ionid=351020201, retrieved on 2008-11-09
- ^ Constitution of Iraq, Article 114
- ^ Muir, Jim (2006-10-11), Iraq passes regional autonomy law, Baghdad: BBC News, http://news.bbc.co.uk/2/hi/middle_east/6041916.stm, retrieved on 2008-11-09
- ^ a b Draft of the Law on the Operational Procedures for the Creation of Regions, http://www.niqash.org/intern/getBin.php?id=367, retrieved on 2008-11-09
- ^ “Iraqi parliament approves federal law”, Reuters (2006-10-11). Retrieved on 18 April 2008.
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