Although I have not yet completed my “due diligence” on the issue of the attempted removal of Shabibi from his position as Governorof the CBI, I would like to offer the following as food for thought: (More comments at bottom of page)
From the Iraqi Constitution: Article 100:
First: The Central Bank of Iraq, Board of Supreme Audit, Communication and Media Commission, and the Endowment Commissions are financially and administratively independent institutions. A law shall regulate the work of each of these institutions.
Second: The Central Bank of Iraq is responsible before the Council of Representatives. The Board of Supreme Audit and the Communication and Media Commission shall be attached to the Council of Representatives.
Third: The Endowment Commissions shall be attached to the Council of Ministers.
Read More Link On Right
From the Central Bank Law of 2004: Article 2, Number 2:
2. In the pursuit of its objectives and the performance of its tasks, the CBI shall be autonomous and accountable as provided for in this Law. Except as otherwise specified in this Law, the CBI shall not take instructions from any other person or entity, including government entities. The autonomy of the CBI shall be respected and no person or entity shall seek improperly to influence any member of a decision-making body of the CBI in the discharge of his duties towards the CBI or to interfere in the activities of the CBI.
2. The Governor, a Deputy Governor or any other member of the Board shall be removed from office by the Appointing Authority only if the person:
a. has been convicted by a criminal court of an offense for which the person was or could have been sentenced to imprisonment without the option of a fine unless, in the judgment of the Appointing Authority, such sentence was motivated by his religious or political views or activities;
b. has been declared bankrupt by a court of law;
c. has been found guilty by a court of law of conduct involving a lack of probity in financial matters or other serious misconduct;
d. has been disqualified or suspended by a competent authority from practicing a profession on grounds of personal misconduct unrelated to his religious or political views or activities;
e. has been declared unfit to manage a company by a court of law or under an order issued by a competent agency;
f. has taken up any office, position or employment in violation of paragraph (3) of Article 12 or paragraph (3) of Article 21;
g. is suffering from such mental or physical infirmity which , in the opinion of the Appointing Authority, renders him unfit to discharge his duties under this Law;
h. has been found by the Appointing Authority to have violated the provisions of paragraphs (1) or (2) of Article 15; or
i. has been absent from meetings of the Board for a consecutive period or more than three months without approval of the Board.
3. No member of the Board shall be removed from office on any ground specified in paragraph (2) without first being given the opportunity of hearing before the Appointing Authority.
Article 1, Definitions:
“Appointing Authority” means the head of the Government
Article 12, Paragraph 3:
3. The Governor, the Deputy Governors and other members of the Board shall not, during
a. hold any employment other than with the CBI, whether remunerated or not, except
that they may engage in a limited amount of lecturing and other academic activity so
long as such activity is not remunerated and does not interfere with the performance
of the individual’s duties and responsibilities at the CBI;
b. hold any position, other than with the CBI, in public service, except as nominee of
c. be a member of the Legislature;
d. be an employee or official of the Government; or
e. be a director, officer, employee or shareholder of any bank or other entity subject to
the supervision of the CBI.
Article 21, Paragraph 3:
3. While holding office, the Governor, the Deputy Governors, and other members of the
Board shall devote the whole of their professional services to the CBI, and none of them shall occupy any other office or employment, whether remunerated or not, except (i) as nominee of the CBI or (ii) a limited amount of lecturing and other academic activity so long as such activity is not remunerated and does not interfere with the performance of the individual’s duties and responsibilities at the CBI.
Article 15, Paragraphs 1 and 2:
1. Each member of the Board shall, upon his appointment and annually thereafter, declare in writing to the Board, in compliance with any instructions that may be issued by the Board, the direct and indirect business interests that he or any person who is related to the Board member by marriage, blood or kinship, to the extent provided by regulation, may hold, and the Board shall submit such declarations for information to the Appointing Authority, the Minister of Finance and to the external auditor.
2. Before a matter concerning a declared interest as mentioned in paragraph (1) is raised for discussion by the Board, the Board member concerned shall again disclose his interest and shall not thereafter participate in any discussion or decision on that matter.
ENORRSTE:I will make two more points that I may discuss on our call tomorrow:
First, the country of Iraq is still under Chapter 7 of the UN Charter. This gives the UN the right to intervene when it deems that it is necessary. I will wager that they will intervene since the “Governing Authority” has broken the rules (read Maliki here).
Second, my friend Timster has posted and provided privately to me two different articles that state that both the United Nations representative and the US Embassy are stepping in to reverse the removal and arrest of Shabibi.
These articles predate what has come out today by a couple of days. However, it is my opinion that this will not be allowed to go through without a “conference” between Maliki and the UN/US.
Therefore, rather than get all upset I suggest we wait this out. Remember, Maliki tried this once before and it fell on deaf ears. At that time he was apparently intimidated and failed to act.
The fact that this time he is acting does not make it any more legal. In fact, I suspect that a hailstorm of protest will occur and that we will see his “decision” reversed in short order.
I will have more to say tomorrow. Enorrste