Articles

Iraqi Parliament's performance declines; Fifth round deemed 'weakest'

Hussein Hatem

May. 06, 2024 • 9 min read
Image of Iraqi Parliament's performance declines; Fifth round deemed 'weakest'

The current parliamentary round in Iraq is marked by legislative weakness and political division, with fewer laws passed compared to previous rounds.

Since the fall of Saddam Hussein's regime in April 2003, Iraq has experienced five parliamentary rounds, each marked by its unique circumstances, legislative agendas, and political dynamics. However, political veterans argue that the current round stands out as the weakest and most politically divided yet.

The challenges facing the current parliamentary round were epitomized by the resignation of 73 MPs from the Sadrist bloc, the political arm of the Sadrist movement led by Muqtada al-Sadr, which has recently been rebranded as the "National Shiite Movement”.

Another challenge arose from the vacancy of the parliamentary speaker position following the termination of former Parliamentary Speaker Mohammed al-Halbousi’s membership. This decision was made by the Federal Supreme Court in November 2023.

The New Region conducted a comparative analysis of parliamentary rounds since 2003. This study began with the first round in 2005.

The first parliamentary round, which convened its inaugural round in 2005, passed 180 laws. In contrast, the second parliamentary round, spanning from 2010 to 2014, voted on 215 laws. The third round, between 2014 and 2018, saw the passage of 161 laws, while the fourth, from 2018 to 2022, approved 91 laws.

As for the fifth parliamentary round, which began in 2022 and continues to the present, it has voted on 48 laws.

The fifth round: legislative weakness

Legislation passed during the ongoing round has been fewer compared to the previous one, and that, in turn, was less than its predecessor, indicating a declining rate of approval for legislative projects. This trend stems from political conflicts and the prioritization of personal interests over law and citizenship.

All these events have significantly impacted the legislative process, extending beyond mere political conflicts. Iraq grappled with sectarian warfare from 2006 to 2008 and waged a battle against ISIS from 2014 to 2017. Additionally, accusations of electoral fraud and ballot box burnings in 2018, followed by widespread protests in 2019, further strained the political landscape. Moreover, Iraq faced a government formation crisis from late 2021 to 2022, compounded by armed confrontations near the parliament building during the same period.

During the fifth parliamentary round, the parliament conducted an interrogation of the Iraqi Media Network’s Board of Trustees. The inquiry focused on allegations of mismanagement of public funds, citing the network's budget increase and inflated expenses. Additionally, there were accusations of the Board Chairman violating the Iraqi Media Network Law by issuing orders beyond his prescribed oversight responsibilities. These concerns were raised in a request submitted by MP Dhafer Al-Qaseer.

In the same round, the President of the Iraqi Media Network faced interrogation for alleged violations of the Iraqi Media Network Law pertaining to conflicts of interest. The inquiry focused on concerns regarding his wife's ownership of a media production and distribution company. This request for interrogation was made by MP Raad Al-Maliki.

Conclusion of fourth round, Tishreen 

In the aftermath of the 2018 elections, which saw the triumph of the Sairoon Alliance under the leadership of Muqtada al-Sadr, the fourth parliamentary round commenced amidst controversy. Former Prime Minister Nouri al-Maliki's assertion that "the elections were rigged and only 18 percent of the total voters participated" stirred considerable debate. Initially filing an official complaint on behalf of his bloc "State of Law," he later retracted it at the eleventh hour, apprehensive of inciting what he termed a civil war.

The parliamentary round was short-lived, swiftly overshadowed by the zenith of popular protests erupting in October 2019, ultimately culminating in the resignation of then-Prime Minister Adel Abdul-Mahdi.

The fourth round fell short of enacting laws to the desired standard within the parliament. Instead, it was consumed by power-sharing arrangements and unsavory quota distributions until the early elections in 2021.

In the fourth round, there was only one interrogation, featuring five questions and two hearings. The focus was on the head of the Media and Communications Commission, concerning allegations of misleading the cabinet about renewing mobile phone contracts and neglecting consumer protection clauses. The council voted to express dissatisfaction with the responses from the commission's head and endorsed the withdrawal of confidence from him.

Iraqi politician and former parliamentarian, Mashan al-Jubouri, in an interview with The New Region asserted that "the performance of each parliamentary round declines compared to its predecessor, particularly in terms of oversight measures, including the approval of legislative projects and interrogations of officials, among other factors."

"The Iraqi Parliament once housed influential figures with significant decision-making authority, but now it is predominantly occupied by individuals lacking in history, experience, and, in many cases, competence," remarked al-Jubouri, highlighting that "the fourth and fifth rounds stand out as the weakest in terms of legislating laws and conducting oversight."

The third round: Addressing ISIS and senior officials' interrogations

During the third parliamentary round, Iraq faced a critical period marked by the emergence of ISIS and its occupation of a significant portion of the country's territory. In response, Grand Ayatollah Ali al-Sistani, the top Shiite authority in Iraq, issued a religious decree (fatwa) calling for defensive jihad against ISIS. This led to the Iraqi army and counterterrorism forces joining the fight, ultimately repelling ISIS attacks and defeating the group, notably through the liberation of Mosul, where ISIS had declared its so-called "Islamic State of Iraq and the Levant."

The 2014 elections, which paved the way for the third parliamentary round, boasted a turnout rate of 62 percent, the highest recorded. Credit for this was largely given to the supreme religious authority in Najaf, which encouraged Iraqis of all backgrounds, Shiite and otherwise, to participate in the parliamentary process, framing it as a means to achieve good governance, as it articulated.

Nouri al-Maliki, the Prime Minister at the time, sought specific election results for the third round, but faced opposition from the religious authority and other influential factions. Consequently, he conceded to his colleague in the Islamic Dawa Party, Haider al-Abadi. Abadi pledged to combat ISIS, and the successful defeat of the terrorist organization was realized in 2017.

In terms of interrogations, Qasim al-Fahdawi, who served as the Minister of Electricity at the time, faced questioning following a request from MP Razzaq Mahaybes, who currently holds the position of Minister of Transport. Similarly, Minister of Communications Hassan al-Rashed underwent interrogation upon the request of MP Huda Sajjad, while Acting Minister of Trade Salman al-Jumaili was subject to questioning by MP Aliya Nasif.

Additionally, Serbest Mustafa Rasheed, the head of the Independent High Electoral Commission, faced interrogation initiated by MP Majida Al-Tamimi, while Minister of Health Adila Hamoud was questioned following a request from MP Adi Awad. Moreover, Saad al-Din Rabie, who headed the Media and Communications Commission, underwent interrogation at the behest of MP Hanan al-Fatlawi, and Hoshiyar Zebari, serving as the Minister of Finance, faced questioning upon MP Haitham al-Jubouri's request. It's worth noting the significant interrogation of Defense Minister Khalid al-Obeidi, which stirred controversy, initiated by MPs Aliya Nasif and Hanan al-Fatlawi.

The Second round: Formation of the largest bloc

In 2010, twelve political coalitions, representing roughly 167 political entities, vied for 325 parliamentary seats. Additionally, eight seats were earmarked for minority groups to nominate candidates for the presidency, premiership, and parliamentary positions.

The decision to contest the bloc's allocation was determined by the number of seats secured, enabling the bloc leader to redistribute votes and positions. The Iraqiya List, helmed by Ayad Allawi, leader of the Iraqi National Accord Party at the time, a secular political entity, clinched 91 seats, establishing a majority. Conversely, the State of Law Coalition, under Nouri al-Maliki's leadership, secured 89 seats, placing second. Nonetheless, Allawi did not ascend to the prime ministerial role for various reasons.

Subsequently, the Supreme Court validated the unconstitutionality of the election law then in place, prompting amendments to the electoral system through a new law that nominated the largest bloc. This bloc, represented by Maliki's coalition at the time, consequently assumed the premiership.

Regarding significant hearings for officials within the parliamentary oversight role during the second round, as outlined by the Parliamentary Observatory, they encompassed discussions with the Ministers of Health and Education, the Deputy Minister of Migration and Displacement, and the Deputy Minister of Health. These discussions aimed to address the measures undertaken by the Ministries of Migration and Displacement, Health, and Education concerning the challenges encountered by internally displaced persons (IDPs).

Furthermore, the Ministers of Higher Education and Scientific Research, as well as Human Rights, were invited to address the measures implemented by their respective ministries in response to the challenges encountered by IDPs and displaced individuals.

Additionally, discussions were held with the Deputy Minister of Interior, the spokesman for the Ministry of Defense, and representatives from their ministries, the Salahadin Operations Command, the Federal Police in the province, and representatives from the Counter-Terrorism Service to examine the Speicher military base massacre. Moreover, sessions were conducted with the Ministers of Trade, as well as Construction, Housing, and Public Municipalities, to explore the actions taken by their ministries in addressing the issues confronting IDPs and the displaced population.

Parliament convened with Safa al-Safi, the Acting Minister of Finance, to deliberate on the general budget for the year 2014. Additionally, Saleh al-Mutlaq, the Deputy Prime Minister for Services Affairs, was invited to address the measures implemented by the Special Higher Committee for Internally Displaced Persons (IDPs).

The first round: Dawn of democracy

The inaugural parliamentary round signified the establishment of the Iraqi Parliament post the downfall of Saddam Hussein's regime, marking a pivotal moment in Iraq's trajectory. Facilitated by the United States, the election of a National Assembly ensued, leading to the formation of an interim Iraqi government. This transitional phase persisted until the nation voted on its permanent constitution on October 15, 2005. The objective was to elect 275 representatives to the newly formed parliament, known as the Iraqi Council of Representatives, charged with the responsibility of shaping the new government for a four-year tenure.

The post-2005 era saw a surge in sectarian, ethnic, and tribal tensions, setting the stage for division and discord in the years to come. Political quota systems surfaced in position allocation, accompanied by Sunni boycotts of initiatives that marginalized their decision-making power. Consequently, the Electoral Commission was established, marking a first in modern Iraqi history.

The Electoral Commission was responsible for apportioning parliamentary seats to provinces, allotting one seat for every one hundred thousand citizens and reserving 25% of seats for women as stipulated by the constitution.

In an interview with The New Region, Wael Abdul Latif, a former judge and parliamentarian, asserted that "the inaugural parliamentary round stands out as one of the most effective in Iraq's parliamentary history, both in terms of legislative output and performance oversight."

Abdul Latif concurs with fellow parliamentarian Mashan al-Jubouri, noting that "subsequent parliamentary rounds have seen a gradual decline, culminating in the current round where the extent of its legislative activity and key achievements remain uncertain."

Abdul Latif underscored that "in the United Kingdom, the inception of Parliament was aimed at scrutinizing state institutions.”

"However, when we assess the Iraqi Parliament, we observe a glaring absence of both oversight and legislative action,” he added.

The former MP and minister stressed that "favoritism and personal interests dictate many affairs," highlighting that "the nation has sunk deeper into corruption, to the point where numerous officials have become brazenly reckless." Abdul Latif notes that the oversight was weakest during the fifth parliamentary round, and without the intervention of the Federal Supreme Court in resolving disputes, political crises would have escalated further.

He further observed that "the quota system is a dismal failure, as evidenced by the vacant parliamentary presidency for nearly six months," elaborating that "the presidential system would be far more suitable for Iraq... Democracy and freedom are mere illusions in Iraq, where true democracy entails freedom of expression and appointing the most qualified individuals to the appropriate positions."

Numerous laws linger within the confines of parliament without undergoing reading or voting procedures, perpetually deferred to subsequent round, thus perpetuating a cycle. This pattern is evident in legislation such as the Oil and Gas Law, the Domestic Violence Law, the Child Protection Law, and the Mandatory Conscription Law, among others. Ihsan al-Shammari, head of the Political Thought Center for Studies, voiced his dismay to The New Region regarding the state of the legislative branch, characterizing the fifth parliamentary round as "the worst" in comparison to its predecessors, citing its deficient oversight function and dearth of enacted laws.

"The most productive parliamentary round were the first, second, and third," asserted Shammari, underscoring, "subsequently, the fourth round saw the parliament embroiled in a clash of interests, leading to a sort of stagnation."

The head of the Political Thought Center for Studies placed blame on the State Administration Alliance for the current parliamentary impasse, stating, "it mirrors the government, with everyone sharing culpability."

Profile picture of Hussein Hatem
Author Hussein Hatem

Hussein Hatem is an Iraqi journalist based in Baghdad. He has worked for several media outlets.

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