Prince Kanani: Maliki wants to repeat the same resolutions as Saddam!!
Prince Kanani: Maliki wants to repeat the same resolutions Saddam!!
Date: Saturday 11/24/2012 01:54 pm
BAGHDAD – Alaa Mousa
Ray member of the parliamentary legal committee Prince Kanani linking independent bodies government would mean a return to the pre-2003, pointing out he has sought the return of the same tactics used by Saddam Hussein,
Kanani said in a statement singled out Jakoj Friday: sacking Shabibi illegal, because the bank independent body linked to the legislative power, and the government should take the opinion of the House of Representatives to dismiss Shabibi not to act unilaterally.
And went on: The reasons for the sacking Shabibi back to the Maliki government’s efforts to link independent bodies Cabinet instead of the House of Representatives, pointing out that the current government took control of all independent bodies have been left in front, but the central bank, which is the last bastion of independent bodies.
He pointed out that these measures are an attempt to bring the country to a one-party state and per Alchks, and the conflict between the political blocs on building state institutions based in its correct form, but built on a partisan basis and dictatorship as you want and some parties.
The Federal Supreme Court has issued a decision on 18 January (January) last spend attachment independent bodies referred to in the Constitution as prime minister directly, and not under the chairmanship of the House of Representatives after the request made by the government to the Federal Court for the interpretation of Articles 102 and 103. Articles referred to them as follows:
Article 102: The UN High Commissioner for Human Rights, and the Electoral Commission for the elections, and the Integrity Commission, independent bodies, under the control of the House of Representatives, and its work shall be regulated by law.
Article 103: First: Each of the Iraqi Central Bank, and the Office of Financial Supervision, and the media and communications, and Endowment, bodies financially and administratively independent, law regulates work of each of these institutions. Second: The Central Bank of Iraq is responsible before the Council of Representatives, and is linked to the BSA, and the media and communications House. Third: The Endowment Cabinet.
State of Law coalition led by Nuri al-Maliki believed that the survival of the Central Bank of Iraq without a link to one of the two authorities, means exposing the Iraqi financial situation of risk in light of volatile regional situation. He denies the leader of this coalition Kamal Saadi be the political will in the acquisition of the bank behind the exemption Shabibi from office, and says that the committee set up by House Speaker came the report condemns the central bank governor that includes all the political blocs and not for the coalition of state law no control.
Saadi believes that those who are defending what is going on in the CBI are three categories: First are the owners of the banks who are working political fronts, and the second category by some politicians and MPs who enter certain interfaces bank auctions and reaping millions of dollars. The third category are those who finance terrorism, pointing out that the part of the bank’s funds go to Beirut, Amman and Dubai. And confirms al-Saadi, a member of the Integrity Committee that he «does not accuse Bank Governor Sinan al-Shabibi, but some politicians who have been affected much to stop the corruption in the central bank.
Knowing the believe that the controversial independent bodies represents a clear picture on the status of the power struggle that experienced by the major parties since the change. The expert says in Iraqi affairs Yassin Bakri said independent bodies could be one of the most important tools of domination government if owned government, which prompted legislator to put and characterization Palmstqlh order not help who holds executive power to increase its influence and governed in the political scene. He adds: that independent bodies has become an arena of conflict between the political parties, who tries to dominate and those who try stripping the executive branch and keeping it independent as the independence contributes to the consolidation of democracy and not to be drawn towards the unilateral hegemony and domination.
According to Bakri, a professor at the Faculty of Political Science, said the existing concerns date back to a long history of domination of the center on the political decisions and administrative and regulatory in the hands of the political capital. He adds: that the central system, in a situation like Iraq, it seems to several parties danger, and even in the theoretical side became federal administrative most effective in achieving development, and there are international experiences several in this area, but the truth lie since 2003 and outputs, confirms that the federal system, mating with a parliamentary system, a case of great weakness of the state and their tools, and may be the way out of this impasse combination other maintains the role of the provinces in the management of its affairs as well as to give the center a role in matters of sovereign classic such as defense, finance and foreign, and the intention here federal system presidential not parliamentary.
Another team of specialists did not see ambiguity in terms of the Constitution to justify the controversy that struggle of political forces on the independent bodies. Says a former member of Parliament and Wael Abdul Latif The legislator stressed the creation of independent bodies way of administrative decentralization Unlike the mind central in the Eighties and nineties of the last century, and adds: when he wrote the Constitution was the goal of finding independent bodies adopt the approach that it was the Iraqi state in the first of its founding after the British presence in the twenties of the last century was set up when the interest of the Iraqi ports and railways and interest Aviation Administration and the interests of the Iraqi dates. Those institutions that were administered by the Board of Directors and a special law is not linked to the ministry which what Gelaha turn to an advanced stage of development in that era, but the central reason that he tried to control everything to kill this administrative decentralization.
And Abdul-Latif, a member of the committee that wrote the constitution, that encroach upon the provisions of the constitution does not mean that it contains items are not clear, but there are shortcomings in the concepts after the state-building process in terms of the composition of the administrative, including independent bodies, and stresses Abdul Latif that Iraq needs to enforce the law fully to save the independent bodies, and the keenness of the Constitution states that follow some independent bodies Council of Ministers, and other House of Representatives does not mean that the two branches control the bodies of virtually, as they managed under the law the legislature has, but misconception of the functions and duties of these bodies lead to serious slides.
And the receipt of independent bodies in a special section in the Iraqi constitution, means that they are no less important for the three powers in Iraq, says an expert on Iraqi affairs Baqer Fadhli, who asserts that Rhode formula «independent bodies» in the Iraqi Constitution, 2005, at the door of her own is Chapter IV Part III, and coverage provisions articles 102 – 108 awarded Privacy independence from the rest of other texts, which dealt with Part III of the Constitution in its chapters remaining three, which relates to the powers of the three (legislative, executive and judicial), all this means that they are of equal importance in terms of the significance specialist and independence for the three authorities in a clear manifestation of the principle of separation of powers.
He adds: Proceeding from the privacy provisions of Part III relating independently federal authorities, and closely to the principle of the separation of those powers provided for in Article 46 of Chapter III himself, all that goes out of the interpretation is not what made for «independent bodies», must be understood as falling in the event of a conflict with the constitutional provision in question as a matter of principle, and that the contents of decision of the Federal Supreme Court granting the executive branch represented in the Council of Ministers, the right of supervision and follow-up on the ‘independent bodies’ summed up by the Constitution Independence specifically linked to the executive branch.
It concludes Fadhli explained in this context that undergo any of these independent bodies to other authorities, but represents the one hand, a breach of a major principle of the separation of powers, as he wanted the Constitution, amounts in essence to limit Shell and emptying this principle of guaranteed democratic in terms of the political system, and On the other hand puts the decisions of those ‘independent bodies’ in the ‘dependency’, means that it is likely to appeal impact Bashaúbh and dependency and lack of independence. On the third hand, the multiples to the regulatory authority of the House of Representatives, which is the highest authority elected to represent the people in the country, which means stripping the House of Representatives of his powers to account executive.