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Laws Lag in Iraq, as Patience Wears Thin

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1Laws Lag in Iraq, as Patience Wears Thin Empty Laws Lag in Iraq, as Patience Wears Thin Mon Jun 22, 2009 11:30 am

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BAGHDAD — Popular support for Iraq’s
democratic institutions is being undermined steadily by official
corruption, yet the country has no comprehensive anticorruption law.


http://www.nytimes.com/2009/06/22/world/middleeast/22iraq.html?_r=2&hp









The country’s economy is
dependent almost entirely upon oil revenue, but because there is no
single law regulating the industry, there is widespread confusion about
investment, production and lines of authority. And parts of
northern Iraq continue to be beset by ethnic and sectarian violence
that could engulf the rest of the country in a new wave of warfare, but
there is little prospect of a political resolution being offered any
time soon to settle competing claims in the disputed province of
Kirkuk. There is a growing concern that if the country’s
Parliament does not soon approve a series of critical legislative
measures, Iraq’s democratic experiment could erode as America pulls
back, militarily and politically. By the end of this month, the United
States is required to withdraw combat troops from Iraq’s cities and, by the end of 2011, from the entire country. Some legislation that could help strengthen and diversify the economy
has been awaiting passage in Parliament for as long as three years,
even as large numbers of Iraqis live in poverty and without adequate
housing, health care and other basic needs. “If there was decent electricity and clean drinking water, there might be more patience from people,” said Haider Ala Hamoudi, a professor at the University of Pittsburgh School of Law,
who has advised the Iraqi government on legal issues. “But on some of
these laws, especially the ones that aren’t controversial, Parliament
has to do something or it risks losing legitimacy.” Prime Minister Nuri Kamal al-Maliki,
who some members of Parliament blame for holding up several bills, has
become so frustrated with the slow pace that he has began to lobby
publicly for a switch to a presidential system, including holding
direct elections for the nation’s leader. “Parliament’s system
of democratic consensus is strange, conflicts with democracy and has
many inherent problems,” Mr. Maliki said recently. “I think the
presidential system is better than the parliamentary system if it will
be accountable to the people.” Elected in 2005 as Iraq’s first
democratic national legislature, Parliament’s inaugural class was
entrusted with leading the nation to a firm footing as a representative
democracy. Instead, the body has become a source of frustration
in the country and something of an embarrassment, even to some of its
members. A member’s salary and benefits — worth about $125,000 annually
— are more than 20 times that of the average Iraqi. Not only
have its members been accused of being badly out of touch, but the body
is far better known among Iraqis for listlessness and sectarian
squabbling than for passing laws. “Parliament hasn’t worked
hard to send people the message that they are pushing the government to
do its best to improve services,” said Sami al-Atroshi, a Kurdish
member of Parliament. “Ordinary people have a right to feel negatively
about us.” Among the crucial measures waiting to be enacted is
the hydrocarbons law, also known as the gas and oil law. Without rules
governing the extraction of its huge oil reserves, it has been
difficult for Iraq to attract foreign investment to its petroleum
industry, which accounts for 95 percent of foreign exchange earnings.Another
critical bill would impose disclosure rules on political parties, which
are currently allowed to accept donations of any size without reporting
the source, leading to accusations that some of Iraq’s leading Shiite
political organizations are financed by Iran. There is
legislation that would grant additional powers to the country’s
president; provide for revenue sharing between the central government
and the provinces; and possibly engineer a political solution for the
disputed province of Kirkuk. Also languishing are statutes regarding
foreign investment, the environment, elections, price fixing, political
corruption, consumer protection, intellectual property rights, building
codes and even the design of a new national flag. The laws are
so pivotal and the ethnic and sectarian issues surrounding them so
intractable that some members say Parliament should not take them up at
all. Others believe that most, if not all, of the contentious
legislation should wait until after parliamentary elections in January.

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