Iraq

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April 15, 2006

To: The Editor

The impasse in the formation of the Iraqi government continues to impede the military effort to enhance country-wide security, and even the Rice/Straw visit has not expedited resolution of this governmental crisis. Yet, this newly-created parliamentary system allows for the President of the Republic (Jalal Talbani, elected by the majority of the Council of Representatives) sufficient power to resolve this crisis.

The Iraqi Constitution provides insight as to possible methods to prod the involved parties into pursuing the art of compromise. Its complete text, although some translations contrast, is available [http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/24_08_05_constit.pdf.].

Article 65 defines the president of the republic as “the symbol of the nation's unity”; he “represents the sovereignty of the country and oversees the guarantees of adherence to the constitution, the preservation of Iraq's independence and unity and the security of its territory, in accordance to the law.” Therefore, it is his responsibility to ensure an administration is chosen that has the capacity to govern.

Article 76 defines the prime minister as “the direct executive responsible for the general policy of the nation”; he serves as “the general commander of the armed forces and [he] carries out the administration of the Cabinet and presides over its sessions.

Article 74 states “The president assigns the candidate of the parliamentary majority to form a Cabinet during the first 15 days from the date of the first session of the Council of Representatives.” That session occurred weeks ago, during which its membership was sworn-in.

Article 74 also states, “The prime minister is assigned to name members of his Cabinet within a period of 30 days, at the longest, from the date of the assignment.” Alas, this has not yet transpired.

Article 74 additionally states, “The president assigns a new candidate to be the prime minister within 15 days if the prime minister assigned form the cabinet during the period mentioned in the 2nd Clause fails.” Inexplicably, this has also not occurred.

Article 74 concludes with a final contingency: “The assigned prime minister presents the names of the members of his cabinet and its ministerial platform to the Council of Representatives. He is considered to have won confidence when his ministers are approved individually and his ministerial platform is approved by an absolute majority. The president will take up the assigning of another candidate to form a cabinet within 15 days if the Cabinet does not win confidence.”

Article 79 states what must occur in the interim: “The president of the republic becomes the acting prime minister when the position is empty for any reason. The president of the republic must name another prime minister within no more than 15 days.”

Article 53 confirms these time-frames: “The president of the republic calls on the council to convene by a presidential decree within 13 days of the date that the results of the general elections have been certified. The session shall be held under the chairmanship of the oldest member, to elect the president of the council and his deputies. Extensions for more than the previously mentioned period are not allowed.”

Although members of the Council of Representatives, the Parliament, are elected for terms lasting four years, Article 62 provides a key-proviso that can be invoked: “The Council of Representatives shall be dissolved by the absolute majority of its members, based on a request from third of its members or a request from the prime minister and with the approval of the president of the republic. The council may not be dissolved while interpellating [formally questioning about policy or government business] the prime minister. The president of the republic calls for a general election in the country no later than 60 days after the council of representatives has been dissolved. In that case, the Cabinet is considered dissolved and it continues to run the daily affairs.”

Therefore, President Talbani could, as acting Prime Minister, request new elections, to be held over the summer. Even without a Cabinet, he could continue to conduct the affairs of government in the interim.

Some commentators feel the process of democratization in Iraq has been accelerated beyond the capacity of the Iraqis to implement it. Therefore, we can envision another event during which more purple-stained thumbs-up symbolism may be generated, and the citizenry can become increasingly accustomed to the newly-created instruments of freedom (media, libraries, Saddam’s trial, etc.).

DR DANIEL PIPES: The next step is to recalibrate, to realize that democracy, or elections, are the culmination of a long process of building civic society. Rule of law, voluntary associations, freedom of speech and so forth. This takes decades. We've seen this around the world, and that the Middle East needs time to develop these counter-intuitive sensibilities. To learn the things that we as Westerners know as we grow up. They don't know these things, it will take time and that we should slow down the process. Yes, work towards eventually democracy, but more slowly than we're doing at present.

The prospect of this electoral alternative should provoke the Shia leadership to midwife creation of a coalition government. It would otherwise risk the uncertainty of delayed accrual of power and emergence of a different set of “players,” emboldened to recognize the errors of stubbornness and to unify the non-terrorist majority of Iraqis who yearn for peace.