Politics of Iraq

Template:Politics 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 2003 occupation has yielded to a interim Iraqi constitution and elections have been held.

The current President of Iraq is Jalal Talabani. He serves in a largely figurehead capacity, with few powers. Sheikh Ghazi Mashal Ajil al-Yawer, President under the Iraqi Interim Government, as well as Adel Abdul Mahdi, representative of the Supreme Council for Islamic Revolution in Iraq (SCIRI), serve as Vice Presidents. The Prime Minister of Iraq is Ibrahim al-Jaafari, who holds most of the actual executive authority and is required to appoint a cabinet. All three were appointed in April 2005 after elections which saw political differences papered over by ethnic unity (and inter-ethnic divisions).

After the elections in 2005, the Iraqi Interim Government is scheduled to be replaced by the Iraqi Transitional Government. On January 30, 2005, the transitional parliamentary elections took place. See: Iraqi legislative election, 2005.

Ba'athist rule

Before the fall of Saddam Hussein in 2003, the Ba'ath Party officially ruled Iraq through a nine-member Revolutionary Command Council, which enacted legislation by decree. The RCC's president (chief of state and supreme commander of the armed forces) was elected by a two-thirds majority of the RCC. A Council of Ministers (cabinet), appointed by the RCC, had administrative and some legislative responsibilities. The Vice-President of Iraq was Taha Yassin Ramadan.

A 250-member National Assembly consisting of 220 elected by popular vote who serve a four year term, and 30 appointed by the president to represent the three northern provinces, was last elected in March 2000. Iraq is divided into 18 provinces, each headed by a governor with extensive administrative powers.

Iraq's judicial system during Saddam's rule was based on the French model introduced during Ottoman rule and had three types of lower courts--civil, religious, and special. Special courts try broadly defined national security cases. An appellate court system and the court of cassation (court of last recourse) complete the judicial structure.

Occupation

From April 2003 to June 28, 2004, Iraq was under occupation following the ousting of the Ba'ath Party and President Saddam Hussein. The overthrow of the brutal dictactor, Saddam, was broadly supported by the Iraqi people. Its political future is uncertain, as a power vacuum has developed. Still terrorists battle against coalition forces and newly formed Iraqi institutions in some pockets, hampering the emergence of post-war stability. Crime and infrastructure problems continue to plague the country, but some progress is being made. The occupation was led by the coalition's Civil Administrator, L. Paul Bremer until mid 2004. An Interim Iraq Governing Council has also been appointed by the coalition with a monthly rotating interim presidency. The Council has in turn appointed a cabinet of ministers and other officials.

Plans for return of sovereignty

U.S. National Security Advisor Condoleezza Rice gives confirmation of Iraqi sovereignty to U.S. President George W. Bush, who then wrote, “Let Freedom Reign!,” during the opening session of the NATO Summit in Istanbul, Turkey, on Monday, June 28, 2004.

Various proposals have been made regarding full sovereignty for Iraq:

• Shortly after his appointment, Bremer announced that by June 30, 2004 control of Iraq would be given to an Iraqi government.
• On March 8, 2004 an interim constitution, the Law of Administration for the State of Iraq for the Transitional Period was approved by the governing council, which outlines how the sovereignty will be formally transferred.
• Prior to April, 2004 U. S. government officials referring to the transition date Iraq had used the language "sovereignty" or "full sovereignty." For example, on March 15, 2004 U.S. Deputy Secretary of State Richard Armitage stated [1] (http://washingtontimes.com/upi-breaking/20040315-045145-6435r.htm) that on June 30, "the Iraqi interim government will assume full sovereignty and the United States will open a diplomatic mission in Baghdad, the largest U.S. mission anywhere in the world."
• In April 2004, U.S. officials began to use the term limited sovereignty, notably Armitage's undersecretary Marc Grossman to a Congressional committee [2] (http://www.washingtonpost.com/ac2/wp-dyn/A35233-2004Apr22?language=printer) on April 23, 2004.
• On May 25, 2004, George W. Bush used the language "full sovereignty," saying that "next month ... our coalition will transfer full sovereignty to a government of Iraqi citizens."
• On May 28, 2004 George W. Bush used the language "complete and full sovereignty," stating that this was his response to a query by UN special representative, Lakhdar Brahimi.
• On June 3, 2004, Brahimi publicly expressed disappointment about the transfer of power stating that "Bremer is the dictator of Iraq" and "He has the money. He has the signature." He also added "I will not say who was my first choice, and who was not my first choice .... I will remind you that the Americans are governing this country." According to a person who spoke with Brahimi recently, "He was very disappointed, very frustrated. I asked him why he didn't say that publicly (and) he said, `I am the U.N. envoy to Iraq, how can I admit to failure?'" [3] (http://www.realcities.com/mld/krwashington/8821031.htm)
• On June 15, 2004, Iraq's interim Prime Minister, Iyad Allawi, said that the transfer of Saddam Hussein to Iraqi custody "will take place within two weeks... you can consider this as an official confirmation." According to the ICRC, this is required by international law. On June 16, George W. Bush commented on this in vague language characterized by the press as "hedging," "noncommittal," and "refusal to set a date," stating that the transfer would not take place until the U.S. was "sure that he is secure."
• On June 15, 2004 Iraq's new president, Ghazi Ajil al-Yawer said that the Republican Palace, occupied by Saddam Hussein and three prior presidents, is "a symbol of sovereignty." Earlier that week, State department officials told Congress that they plan to continue to occupy the palace for two years until a new embassy can be built.

It has been asserted that the term "return of sovereignty" stems from a flawed understanding of international law: sovereignty is vested in the people of Iraq, independently from the formal structure of the state. [4] (http://www.guardian.co.uk/comment/story/0,3604,1245135,00.html)

Interim Iraqi government

In November 2003 the coalition announced plans to turn over sovereignty to an interim Iraqi government by mid-2004. The actual transfer of sovereignty occurred on June 28, 2004. The interim president is Sheikh Ghazi Mashal Ajil al-Yawer, and the interim prime minister Iyad Allawi.

Under the interim Iraqi 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 in many ways has been hailed as more liberal 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 an official occupying power 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 ill-equipped to police and secure the country, it is expected that coalition troops will remain in the country for many years to come.

Part of the proposed system—holding regional caucuses which then elect national leaders—has been rejected by Ayatollah Ali al-Sistani, which has resulted in massive peaceful protests against the proposed systems. Sistani, the most senior Shiite cleric in Iraq, declared the system as too easy to manipulate to elect an U.S.-friendly government and not representative of the people.

Elections

For several months the United States maintained that it intended to convene a constitutional convention, composed of influential Iraqis. The deadline for this convention was pushed back further and further by the U.S. interim authority until it appeared to have been suspended indefinitely. However, European demands for an early election and Ayatollah Ali al-Sistani insistence for them eventually forced the United States to let the appointed Governing Council serve this function.

In the early months of the occupation, new officials were appointed to several local and regional positions (e.g. mayors, governors, local councils). The officials were chosen from a select group of individuals (including ex-Ba'ath party officials) in an attempt to speed the return to normality and to avoid the election of people opposed to the American and British presence. Certain religious clerics and other officials were considered to be overly radical or dangerous. On occasion the appointed officials were found to behave less than admirably. On June 30, 2003 the appointed mayor of Najaf was arrested on charges of corruption.

Though some protested the lack of initial democracy (as proposed by initial occupation head Jay Garner, who wanted elections within 90 days), it should be pointed out that, in its ideal form, democracy requires a civil society to function effectively and hold honest elections. Iraq had a very brief history of democracy and one-party rule had left the country ill-qualified to function as one. It was therefore very technically difficult, though not impossible, to hold elections so quickly after the war. In recent months however, civil society at a local level shows signs of recovery in some areas of Iraq. However, much to American disquiet it largely seems to be based around religious figures. Municipal and city elections were held in some of the southern and northern provinces. [5] (http://www.washingtonpost.com/ac2/wp-dyn/A44553-2004Feb15)

On November 15, the Iraqi Governing Council, announced that a transitional government would take over in June from the U.S.-led powers, and that an elected government would follow by the end of 2005 once a constitution had been drafted and ratified. The transitional government would be selected in June 2004 by a transitional council formed in May 2004.

The Governing Council revealed the timetable after the United States Government, in reaction to significant terrorist and militant activity against occupying troops and also aid organizations, abandoned its earlier plan that a sovereign government would take charge only after creating a constitution and elections held. Jalal Talabani, current chairman of the council, said the transition would involve "the creation of a permanent constitution by an elected council, directly elected by the people, and also the election of a new government according to the articles of this new constitution before the end of 2005."

In March of 2004 an interim constitution was formally created, called the Law of Administration for the State of Iraq for the Transitional Period. The document calls for the creation of an elected National Assembly to take place no later than January of 2005. In late 2004, the transitional parliamentary elections were scheduled for January 30, 2005.

Iraqi National Assembly Election

See: Iraqi legislative election, 2005

Hierarchy of future Iraqi national government

Executive

• President heading the Presidency Council
  • Vice President
  • Vice President
• Prime Minister
  • Council of Ministers

Legislative

• President of National Assembly
  • Deputy President
  • Deputy President
    • National Assembly

Judicial

• Higher Juridical Council
  • Federal Supreme Court
    • Court of Cassation
    • Courts of Appeal
    • Central Criminal Court

See also

• Reconstruction of Iraq
• Human rights abuses in Iraq
• Post-invasion Iraq, 2003-2005

Arab League
Algeria | Bahrain | Comoros | Djibouti | Egypt | Iraq | Jordan | Kuwait | Lebanon | Libya | Mauritania | Morocco | Oman | State of Palestine | Qatar | Saudi Arabia | Somalia | Sudan | Syria | Tunisia | United Arab Emirates | Yemen

External links and references

• BBC Report: Who's Who in Post-Saddam Iraq (http://news.bbc.co.uk/1/shared/spl/hi/middle_east/03/post_saddam_iraq/html/default.stm)
• Iraq Elections newswire (http://iraqelectionwire.blogspot.com/)
• Video Seminar on Iraq Coalition Politics (http://atlas-real.atlas.uiuc.edu:8080/ramgen/ips/acdis/acdis_iraq_2005.04.20.rm): April 20, 2005, sponsored by the Program in Arms Control, Disarmament, and International Security at the University of Illinois.pt:Política do Iraque