Browse by Category

• Featured Commentary
• Today's News
• Heard on the street
• Setting the Record Straight
• Middle East Analysis
• Background Basics

Background Basics

Recent Legislation Passed in Iraq

posted on 03/10/08

Iraqi Legislative Process
In processes outlined in the Iraqi constitution approved in a referendum in October 2005, Iraq’s 275-member, elected Council of Representatives drafts and passes laws. Laws are then reviewed by the three-member Presidency Council, composed of the president and two vice-presidents, who have the ability to veto laws. Vetoed laws are sent back to the Council of Representatives for review. A bill also can become official if the Presidency Council neither unanimously approves nor vetoes a bill in 10 days, though this provision is disputed.

1. De-Baathification Reform

Provisions: Grants pensions to former Baathist officials, excludes mid-level Baathists from holding jobs in the judicial system and Ministries of Defense, Interior, and Finance and maintains a committee that examines the hiring of former Baath party members.

Debate: Operating with just over the minimum 143 member quorum required, the parliament passed the de-Baathification reform “Accountability and Justice Law” on January 12, 2008. Representatives of its intended beneficiaries, Sunni and secular parties headed by ex-Baathists, refused to vote on the law, considering it “vague,” “unrealistic” and “difficult to apply.” Vice President Tariq al-Hashimi of the Sunni Arab Iraqi Islamic Party refused to sign the legislation, underscoring Sunni concerns. The Iraqi government said the law was “considered approved” on February 3.

Implementation: Proponents promoted the measure as a way to return Baathists to government, but it will force out many ex-Baathists previously cleared to work in the now-excluded ministries, including as many as 7,000 in the Interior Ministry alone. Sunni Arabs and former Baathists remain skeptical of the legislation, worrying that forcing former Baathists to self-identify in order to collect pensions and the like may put them in danger of reprisals.

2. Amnesty, Provincial Powers and the 2008 Budget Package

Amnesty Law

Provisions: Establishes a “competent committee” (the composition yet to be determined) to review the cases of detainees. Empowers government authorities to free those who have been held for six months without charge along with those who have been charged but have not been before a judge in a year. The measure states that detainees accused of terrorism, kidnapping, rape, antiquities smuggling, adultery and homosexuality, those in U.S. custody and senior Baath party members are not eligible for amnesty.

Debate: The Iraqi parliament approved the amnesty law February 14, 2008, as a package with the provincial powers law and 2008 budget, to increase chances of passage. The Presidency Council approved it on February 27. Negotiations between Sunni, Shi’a and Kurdish parties and a threat by the Speaker of the Council of Representatives Mahmoud Mashhadani to dissolve parliament were needed to obtain passage of the package. While news reports said the parliament approved the package unanimously, there were severe divisions – most notably a Sadrist walk-out before returning for the provincial powers law vote and the package vote.

Implementation: The package must be implemented in a non-sectarian manner if the law is to promote reconciliation.

Provincial Powers Law

Provisions: Outlines the powers provinces have in relation to the local and national governments, attempting to clarify the Iraqi constitution, and mandates provincial elections by October 1, 2008.

Debate: The Iraqi parliament passed the provincial powers law as part of the package of legislation but only after Speaker Mashhadani cast a tie-breaking vote in parliament during the initial vote on the law. The provincial powers law was strongly supported by the Sadrists, who returned from a walk-out on the Amnesty Law to vote on it and the entire package. The Presidency Council vetoed the law on February 27, at the behest of Vice President Adel Abdul Mahdi of the Supreme Islamic Iraqi Council (SIIC). SIIC justified its opposition to the law by stating it eroded provincial budgetary and administrative authority while giving the prime minister the authority to fire provincial governors. The bill now goes back to the parliament.

Implementation: Unless the Iraqi government approves the legislation, it will be difficult to organize provincial elections by October 1. Further, Parliament needs to approve a new election law and fill vacant provincial election commission seats.

2008 Budget

Provisions: Allocates a $48 billion budget for 2008, includes an amendment to hold a census to determine the proper percent allocation by population and use it to renegotiate allocations in the 2009 budget.

Debate: Earlier passage of the budget was stalled by Kurdish demands for 17 percent of the budget and national funds to pay for their regional peshmerga militia. Shi’a and Sunni Arab parties wanted to reduce the Kurdish amount to 14 percent, but agreed to its passage as a part of the wider package. It was approved by the Presidency Council on February 27.

Implementation: The resolution of budget provisions is temporary and many fear that the Kurd-Arab budget battle will be repeated next year.