Posted on 09/26/2007 3:20:13 PM PDT by tobyhill
“The governates have already been established. They are essentially the 18 provinces that predated the Constitution.”
1. The Constitution of Iraq neither identifies them by name or (b) otherwise.
2. Pre-defined or not, the Constitution of Iraq (1) does not acknowledge governorates as having their own Constitution, as a “region” (only Kurdistan) can, (2)does not define who and how a Governorate Council is established and therefore does not even guarantee that that council will be chosen, and if so democratically, or appointed; and (3)only acknowledges the euphemistic phrase of “administrative decentralization” as the source of what “govenorates” may do and makes it clear that it is subject to federal law.
As far as true “federalism” and the “governorates” the Constitution of Iraq is a schizophrenic.
You need to read the Federalism Law. The 18 provinces are the governates. There is a mechanism to form other regions beyond the Kurds. Iraq is in the process of forming them. Let Iraq be Iraq.
“You need to read the Federalism Law. The 18 provinces are the governates.”
I have read the Constitution of Iraq. As it stands right now the governates, except those joined in the Kurdistan region are vassals of the federal government, as are and will remain all governates that do not form or join a region.
Not so. Read the Federalism Law. It lays out the process of forming regions. And the regions are not vassals of the central government. We will just agree to disagree. My last word on the subject. Have a good day.
“Not so. Read the Federalism Law. It lays out the process of forming regions.”
Again you continue to mix apples and oranges. I have repeatedly referenced “governorates” that are not part of any region (as most governorates in Iraq today are not part of a “region”)and repeatedly referenced those conditions that apply to such governorates that are not part of a region. I have repeatedly stressed my points as applies specifically to such governorates. And, in the Constitution of Iraq, such governorates that have not joined or formed a “region”, as in fact most have not (1)do not have independent Constitutions, as a “region” does and (2)do not have guarantees in the Constitution itself for the selection of their own leaders. The conditions relative to the selection of leaders of governorates that are not in a region is left to and thus subject to federal legislation, not constitutional guarantees. Thus, in fact, since you cannot comprehend what is written, a governorate that is not part of a region is a vassal of the government in Baghdad.
You are the one who has a comprehension problem. Read the Federalism Law. There is only one region today, but there is a process to create more. Let’s just agree to disagree. Good day.
“You are the one who has a comprehension problem. Read the Federalism Law.”
No, it is you who has a comprehension problem.
It is not a question of whether or not additional regions CAN exist. They don’t exist.
In the context of reality and not “maybe or what if”, a “governorate” is not a region, does not have a Constitution and unless it is a part of a region, which most governorates are not, it is fief of the federal government.
Secondly, since there is no Constitutional Guarantee as to how the selection of leaders for a governorate is to be obtained (they have no independent constitution), except a vague promise that future “federal law” will provide for it, such a governorate is therefor a vassal. It would be as if Connecticut could not elect an assembly until it was told how it can do that by “national” politicians in Washington D.C. writing convenient legislation that is subject to future whims of that legislature. Thus it would be, as is an Iraqi governorate that is not in a region, at their mercy, just to function; as the governorates not in a region are today.
The problem that you fail to see is that every “governorate” should have been recognized in the federal Constitution (and recognized by name) of Iraq as having all the rights and powers that were given only to a “region”, from the beginning, as their established Constitutional right, from the beginning; with provincial constitutions of their own and through them their own rules for the election of their legislative and executive bodies - from the beginning. As it is now, they are not semi-independent units of a federal system, they, the governorates that are not in a region (most), are fiefs subject to the rules handed down by federal lawmakers.
October 12, 2006
BAGHDAD, Oct. 11 -- Parliament on Wednesday approved a controversial law that will allow Iraq to be carved into a federation of autonomous regions, after Sunni Arabs and some Shiite Muslims stormed out of the session in protest.
The bill passed the 275-member parliament by a vote of 141 to 0, despite a nearly successful attempt by opponents to prevent a quorum by walking out, said Mohanned Abdul Jabbar, an aide to parliament speaker Mahmoud al-Mashhadani.
The measure, introduced by a powerful Shiite group last month, creates a mechanism that many believe will lead to a predominantly Shiite zone in southern Iraq that would parallel the semiautonomous Kurdish region in the north. Sunnis vehemently oppose such a division, which would leave them with an area in central Iraq that lacks the vast oil wealth of the north and south.
Under a compromise worked out two weeks ago, the bill includes a provision that prevents the formation of federal regions for 18 months. In exchange for that delay and the creation of a panel to review the constitution, the Sunnis agreed to call off a boycott that had prevented the federalism bill from being introduced.
Although the principle of federalism is enshrined in the constitution, the law passed by parliament is the first to set up a system that will allow provinces in 2008 to merge into autonomous regions.
"This is a first step on a long road toward a new system of governance in Iraq," said Ridha Jawad Taqi, a legislator with the Supreme Council for the Islamic Revolution in Iraq, the Shiite political party that was the measure's strongest supporter. "It will be up to the residents of whatever province to submit a request and go through the system."
But opponents of the bill -- including not only Sunni Arabs but secular parties and the bloc of anti-American Shiite cleric Moqtada al-Sadr -- expressed fears that the federalism plan could increase sectarian tensions and push the country further toward civil war.
"This is the beginning of the plan to divide Iraq," said Adnan al-Dulaimi, leader of the National Accordance Front, a major Sunni bloc, according to the Associated Press. "We hope there won't be an increase in violence."
Nasaar al-Rubaie, a lawmaker from the Sadr bloc, said: "The present conditions are not conducive to establishing regions, because we lack a strong central government that can overrule the regions." In fact, he added, "the central authority is actually weakening instead of being solidified and strengthened."
Again, you keep mixing apples and oranges.
Read the Constitution as it applies to governorates that are not part of a “region”. The are vassals. Maybe you just don’t understand the definition of a “governorate” and a “region”.
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