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Iraq

This article is part of the series:
Politics and government 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 Council of Representatives. 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 transitional administrative law, which was replaced by a permanent constitution following approval in a referendum held on October 15, 2005.

A permanent 275-member Council of Representatives 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

[edit] Occupation

See also: Post-invasion Iraq, 2003–present and Multinational force in Iraq

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. Since 1 January 2009, bi-lateral State of Forces Agreements exist between Iraq and the US and other foreign armed forces. Details about a Status of Forces Agreement between the U.S. and Iraq emerged in mid-October 2008 which included a timetable for withdrawal.[1] It immediately encountered significant opposition over vague withdrawal terms and immunity for U.S. troops.[2][3] 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."[4]

[edit] Federal government

The federal government of Iraq is defined under the current Constitution as an Islamic,[5] democratic, federal parliamentary republic.[6] The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.

[edit] Legislative branch

The legislative branch is composed of the Council of Representatives and a Federation Council.[7] As at 2009, the Federation Council had not yet come into being.

[edit] Council of Representatives

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."[8] The members are elected for terms of 4 years.[9]

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.[10]

[edit] Federation Council

Main article: Federation Council of Iraq

The Federation Council will be 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.[11]

[edit] Executive branch

The executive branch is composed of the President / Presidency Council and the Council of Ministers.[12]

[edit] 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."[13] The President is elected by the Council of Representatives by a two-thirds majority,[14] and is limited to two four-year terms.[15] 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."[14]

There also exists a Vice President which shall assume the office of the President in case of his absence or removal.[15]

[edit] Presidency Council
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[16] and a government is seated.[17] The Presidency Council will have the additional power to send legislation back to the Council of Representatives for revision.

[edit] Council of Ministers

Main articles: Prime Minister of Iraq and Council of Ministers of Iraq
Composition of the Iraqi Government as of September 2009

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.[18] 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.[19]

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.[20]

[edit] Judicial branch

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.[21] One such court is the Central Criminal Court.

[edit] Higher Judicial Council

Main article: Higher Judicial Council of Iraq

The Higher Judicial Council manages and supervises the affairs of the federal judiciary.[22] It oversees the affairs of the various judicial committees,[23] 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.[22]

[edit] Central Criminal Court

The Central Criminal Court of Iraq is the main criminal court of Iraq.[citation needed] The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court, and a criminal court.[citation needed]

[edit] Supreme Court

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.[24]

[edit] Independent commissions and institutions

The High Commission for Human Rights, the Independent High Electoral Commission, and the Commission on Public Integrity are independent commissions subject to monitoring by the Council of Representatives.[25] 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.[26] The Foundation of Martyrs is attached to the Council of Ministers.[27] The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.[28]

[edit] Local government

See also: Provincial Iraqi Control

The basic subdivisions of the country are the autonomous regions and the governates. The last local elections for the governates were held in the 2009 Iraqi governorate elections on 31 January 2009.

[edit] Governates

Main article: Governorates of Iraq
Iraqi Governates and Districts

Iraq is divided into 18 governorates (or muhafazah):

  1. Baghdād (بغداد)
  2. Salāh ad-Dīn (صلاح الدين)
  3. Diyālā (ديالى)
  4. Wāsit (واسط)
  5. Maysān (ميسان)
  6. Al-Basrah (البصرة)
  7. Dhī Qār (ذي قار)
  8. Al-Muthannā (المثنى)
  9. Al-Qādisiyyah (القادسية)
  1. Bābil (بابل)
  2. Al-Karbalā' (كربلاء)
  3. An-Najaf (النجف)
  4. Al-Anbar (الأنبار)
  5. Nīnawā (نينوى)
  6. Dahūk (دهوك)
  7. Arbīl (أربيل)
  8. Kirkuk (or At-Ta'mim) (التاميم)
  9. As-Sulaymāniyyah (السليمانية)

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-Muthannā,[29] Dhī Qār,[30] An-Najaf,[31] Maysān,[32][33] Arbīl, As-Sulaymāniyyah, Dahūk, Al-Karbalā', Al-Basrah, Al-Qādisiyyah and Al-Anbar. Seven governorates are controlled by multi-national coalition forces: Baghdād, Salāh ad-Dīn, Diyālā, Wāsit, Bābil, Nīnawā, and Kirkuk (or At-Ta'mim).

[edit] 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.[34] 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.[35][36] Legislators from the Iraqi Accord Front, Sadrist Movement and Islamic Virtue Party all opposed the bill.[37]

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 Council of Representatives which requires two thirds support.[36]

[edit] Political parties and elections

[edit] Iraqi Transitional National Assembly Election, January 2005

Main article: Iraqi legislative 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 had 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).

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 Transitional Assembly, 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 Transitional Administrative Law, signed March 2004, the country's executive branch was led by a three-person presidential council. The election system for the council effectively ensures that all three of Iraq's major ethnic / religious 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.[1] 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 effective control of the country despite the transfer of sovereignty. Since Iraqi forces were then considered not fully trained and equipped to police and secure their country, it was expected that coalition troops will remain until Iraqi forces no longer required their support.

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 was vested in him. The new government was faced with two major tasks. The first was to attempt to rein in a violent insurgency, which had 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 remained 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 Transitional Administrative Law 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. There has however been considerable criticism of criminal justice system presently operating in Iraq.

[edit] Iraqi Council of Representatives Election, December 2005

Main article: Iraqi legislative election, December 2005
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 +/–
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 Union1 157,688 1.3 5 +5
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 —

1The KIU contested the previous election as part of the main Kurdish alliance.

For other political parties see List of political parties in Iraq. An overview on elections and election results is included in Elections in Iraq.


[edit] See also

[edit] References

  1. ^ 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 2008-10-31 
  2. ^ 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 2008-10-31 
  3. ^ 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 2008-10-31 
  4. ^ "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 2008-10-31 
  5. ^ Constitution of Iraq, Section 1, Article 2
  6. ^ Constitution of Iraq, Section 1, Article 1]
  7. ^ Constitution of Iraq, Section 3, Chapter 1, Article 48.
  8. ^ Constitution of Iraq, Section 3, Chapter 1, Article 49
  9. ^ Constitution of Iraq, Section 3, Chapter 1, Article 56
  10. ^ Constitution of Iraq, Section 3, Chapter 1, Article 61
  11. ^ Constitution of Iraq, Section 3, Chapter 1, Article 65
  12. ^ Constitution of Iraq, Section 3, Chapter 2, Article 63
  13. ^ Constitution of Iraq, Section 3, Chapter 2, Article 67
  14. ^ a b Constitution of Iraq, Section 3, Chapter 2, Article 70
  15. ^ a b Constitution of Iraq, Section 3, Chapter 2, Article 72
  16. ^ Constitution of Iraq, Section 6, Chapter 2, Article 138
  17. ^ Constitution of Iraq, Section 6, Chapter 2, Article 139
  18. ^ Constitution of Iraq, Section 3, Chapter 2, Article 76
  19. ^ Constitution of Iraq, Section 3, Chapter 2, Article 78
  20. ^ Constitution of Iraq, Section 3, Chapter 2, Article 80
  21. ^ Constitution of Iraq, Section 3, Chapter 3, Article 89
  22. ^ a b Constitution of Iraq, Section 3, Chapter 3, Article 91
  23. ^ Constitution of Iraq, Section 3, Chapter 3, Article 90
  24. ^ Constitution of Iraq, Section 3, Chapter 3, Article 93
  25. ^ Constitution of Iraq, Section 3, Chapter 4, Article 102
  26. ^ Constitution of Iraq, Section 3, Chapter 4, Article 103
  27. ^ Constitution of Iraq, Section 3, Chapter 4, Article 104
  28. ^ Constitution of Iraq, Section 3, Chapter 4, Article 107
  29. ^ Australian Department of Defence (2006-07-13). "Provincial Iraqi Control - Al Muthanna" (in Australian English). Press release. http://www.minister.defence.gov.au/NelsonMintpl.cfm?CurrentId=5805. Retrieved 2008-09-24. 
  30. ^ "Power handover in Iraqi province". BBC News. 2006-09-21. http://news.bbc.co.uk/2/hi/middle_east/5366270.stm. Retrieved 2008-09-24. 
  31. ^ U.S. Department of Defense (2006-12-20). "Iraq Officials Assume Control in An Najaf". Press release. http://www.defenselink.mil/news/newsarticle.aspx?id=2478. Retrieved 2008-09-24. 
  32. ^ "Iraqi Troops to Take Control of Maysan Province Next". VOA News. 2006-06-20. http://www.voanews.com/english/archive/2006-06/2006-06-20-voa35.cfm. Retrieved 2008-09-24. 
  33. ^ "Iraqi forces take control of Maysaan Province". U.K. Ministry of Defence. 2007-04-07. http://www.mod.uk/defenceinternet/defencenews/militaryoperations/iraqiforcestakecontrolofmaysaanprovincevideo.htm. Retrieved 2008-09-24. 
  34. ^ Constitution of Iraq, Article 114
  35. ^ 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 2008-11-09 
  36. ^ 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 2008-11-09 
  37. ^ "Iraqi parliament approves federal law". Reuters. 2006-10-11. http://today.reuters.co.uk/news/CrisesArticle.aspx?storyId=IBO145418&WTmodLoc=World-R5-Alertnet-4. Retrieved 2008-04-18. 

[edit] External links


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