Government in Iraq

10 February 2014

Iraq’s current political structure can trace its roots back to 1920, when British colonial forces forged the modern state of Iraq out of three provinces of the Ottoman Empire: Baghdad, Basra and Mosul. The turbulent modern history of Iraq since then has yielded a difficult political legacy, with weak institutions and a culture of authoritarian governance.

The Iraqi constitution has yet to resolve the tensions between the centre and the provinces

Saddam Hussein’s ousting in March 2003 heralded a new political dispensation under the guidance of the US-led occupying forces, who were determined to prevent the recreation of a dictatorship under a different guise. This provided for a substantial devolution of powers to provincial level – and in the case of the Kurds, to a supra-provincial level of autonomy – while maintaining the territorial integrity of the post-1920 Iraqi state, with its capital in Baghdad.

The post-Saddam political structure reflects the need to balance the country’s diverse ethnic and sectarian mix. Power is therefore dispersed under a federal system, reinforced by checks and balances and the separation of executive, legislative and provincial branches.

The executive level of government comprises the president, currently the veteran Kurdish leader Jalal Talabani, and two vice-presidents, along with the council of ministers. There are 29 ministries and a prime minister’s office that includes three deputy prime ministers.

The 2005 constitution invests legislative authority in the Council of Representatives (CoR) – the parliament – which comprises 325 elected members (to be increased to 328 from April 2014), who must stand for office every four years. The CoR is responsible for passing federal legislation and holding the executive to account, and approving the nominations of senior officials. The prime minister is chosen from the legislature, which also elects the president.

The other branch of federal government is the judiciary, composed of a Judicial Council and a Federal Supreme Court, which has the authority to settle disputes between the federal and provincial government levels. Judicial power is in law separated from the executive.

The provincial level of government is made up of 18 councils, encompassing Iraq’s governorates (including the semi-autonomous Kurdish provinces). Each province elects a local council, which appoints governors, imposes taxes and is responsible for the provision of local services. The provincial councils enact provincial legislation and choose each province’s governor and two deputy governors. There are also sub-provincial level governments within each province, with mayors who are responsible for the delivery of services at local level. In 2008, a provincial powers law was adopted, which gave provincial councils enhanced powers.

The national budget provides the funding for the governorates, who are also mandated to implement federal policies. Some central government funds are given as grants directly to provincial administrations.

The three northern provinces of Dohuk, Erbil and Suleimaniyah constitute a separate region administered by the Kurdistan Regional Government (KRG), which has its own elected president and parliament under Article 113 of the Iraq constitution. In practice, the KRG enjoys a high level of autonomy, although it is funded by its 17 per cent share of Iraq’s total oil revenues.

Nouri al-Maliki, named prime minster in 2006, was re-elected in a close run-off in 2010. Since then, Al-Maliki has centralised power, assuming greater control of the security forces and key economic agencies. This has caused controversy, with some Iraqis criticising that he has grown too powerful. The arrest warrant issued in December 2011 for Iraq’s Sunni Arab vice-president, Tariq Hashemi, accused of involvement in terrorist activity, heightened tensions and was seen by many opponents as a step too far.

The constitution, though ratified by a public referendum in 2005, has yet to resolve the tensions between the centre and the provinces. Political strife has also undermined the effectiveness of the government apparatus, and key ministerial posts remained unfilled after the 2010 election. Iraq has not had a permanent minister of defence or of the interior since 2010, due to disagreement over who should occupy these seats.

As Iraq gears up for parliamentary elections scheduled for 30 April 2014, amid continued strife in the Sunni-dominated area of Anbar province, political stability remains frustratingly elusive. Sectarian violence worsened in 2013, with the UN reporting the killing of at least 7,818 civilians, making it the deadliest year since 2008. There are concerns that the persistent violence could disrupt the elections, and plunge Iraq into protracted political uncertainty.

The reduction of violence in 2008-11 showed that Iraq has the capacity to see beyond the ethno-sectarian divide. The question remains whether Iraq’s constitution is robust enough to ensure the survival of the country’s institutions, and provide a platform for better governance.

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