Post Brought From Dinar Updates With Comments From Member OOTW
The laws of political conflict .... Article 21
Governorates not organized law provides Territories No. 21 of 2008 on the provincial council is the highest legislative and supervisory authority within the administrative borders of the province, and it has the right to issue domestic legislation within the limits of the province so that they can manage their affairs in accordance with the principle of administrative decentralization and not inconsistent with the Constitution and federal laws.
This Act provides the legislative authority in the province (provincial council) various file management in the field of service projects and investment, and allows them to contract with companies freely,
as it allows them to administrative and technical powers, thus alleviating or eliminating the role of domination of the central government and ministries in the contract provinces with companies in various fields,
and thereby eliminate the administrative bureaucracy that created the dictatorship seized control of any will of local governments, and undermined any role in the development of the work of institutions in the provinces.
Amendments to the law, which angered the previous government, which he considered al Maliki, a revolutionary step for the application of the constitutional principle of decentralization,
which has been ink on paper without applied for political reasons and conflicts between Maliki and advocates of administrative decentralization (Supreme Council),
and it seems he managed to end the exploitation of this principle in order to stir up public opinion and determine how any invitation in this direction.
This law, which came on the impact of claims deputies Basra and Nineveh at the time, turned into a platform for political struggle between Maliki and his party on the one hand and between any rival politicians,
to alleviate the suffering of the southern and central provinces that have suffered injustice and neglect for decades ago at the hands of the Baathist power calculation,
and today the same back suffering in the control of the central government on the powers of the central government and the implementation of Act 21 is effective to find the provincial management capacity
and control actually improve the service and retirement away from the bureaucracy and control center, which seriously damaged the future of the provinces and prosperity.
law after the withdrawal of veto from the government of Dr. Abadi irritated and discontent Maliki is a big victory irregular province to the provinces, which opens the way for Local governments in the exercise of the legislative role and the supervisory and executive without reference to the central controlled,
as it is a triumph of political administration and that al-Maliki wanted to terminate through miscarriage campaigns exerted against his political partners,
especially the Supreme Council, who was a proponent of administrative decentralization and the need to take the provincial key role in the management of files services and investment projects without reference to the central government.
The withdrawal of veto total collapse of thought totalitarian opposition to the renaissance of the provinces and evolution, which is used by al-Maliki in the way of dealing with his rivals in the provinces and surround any role for provincial councils,
and to devote abhorrent central role that Iraq has long suffered under authoritarian governments hurt the interests of Iraq and its people.
it also reflects the flexible political action enjoyed by the Supreme Council and its leadership, which has been able to deal with variables flexibility and moderation usual without noise or media competition,
which unlike the politically bankrupt with liabilities of the Supreme Council, and the leadership of the Supreme Council was able to crises exceeded even with partners and competitors.
OOTW - THIS ARTICLE PROVIDES US CONSIDERED INSIGHTS AS TO THE HISTORY AND BENEFITS OF LAW 21/ LAW OF THE PROVINCES.
THIS LAW IS NECESSARY FOR THE PROVINCES TO ATTAIN ECONOMIC FREEDOM(S), AS WELL AS CONTROLS OVER ANY MILITARY PRESENCE IN THEIR TERRITORIES (and other controls).
THIS IS ALSO TIED TO THE NATIONAL GUARD LAW, AND THE FEDERATION COUNCIL –
REMEMBER THE UNAMI MANDATE OUTLINES THE LEGISLATION REQUIREMENTS FOR THE FEDERATION COUNCIL –
ONE OF THOSE IS REGULATIONS FOR CHOOSING THE REPRESENTATIVES, FROM EACH OF THE PROVINCES, WHO ARE TO HOLD POSITIONS ON THE FEDERATION COUNCIL –
IMPLEMENTATION OF THE FEDERATION COUNCIL IS ABSOLUTELY NECESSARY –
HERE'S WHY I SAY THIS,
HOW CAN THE PROVINCIAL LAW 21 BE ENACTED IN ITS ENTIRETY WITHOUT PUTTING IN PLACE FEDERAL REGULATIONS, WHICH THE FEDERATION COUNCIL LAW PROVIDES?
ALSO IT HAS COME TO MY ATTENTION THAT WELL INTENDED PEOPLE IN THE COMMUNITY HAVE STATED THAT, "ALL THAT IS REQUIRED IS THAT THE LAW OF THE PROVINCES TO BE POSTED IN THE GAZETTE"...
WELL, THE FOUNDATION LAW, "Governorates not organized in a region Law No. 21 of 2008 amended" IS POSTED IN THE GAZETTE AND THE DESIGNATION IS "ENACTED"..
ARTICLES STATE IT SIMPLY REQUIRES AMENDMENTS, AND THE APPROVAL OF PARLIAMENT/VIA VOTE.
HISTORY: MALIKI AND CABINET FILED WITH THE FEDERAL COURTS TO STOP THE LAW OF THE PROVINCES ENACTMENT.
THIS LAW WAS AMENDED AND RE UPLOADED TO THE GAZETTE IN AUGUST 2013 -
THE ONLY AMENDMENT WHICH IS REQUIRED NOW, AS BUTIFLDRM AND I HAVE RESEARCHED, IS THE AGREEMENT ON OIL SHARES –
FROM BUTIFLDRM: "The only dispute now is about the Petro dollar. The provinces want $5 (PB) and GOI is wanting to pay $2."
HERE IS THE OPENING TEXT OF THE LAW:
Governorates not organized in a region Law No. 21 of 2008 amended
InFederal Local Powers
Law No. Alutaiqa- identity Altarivih-: 21
Type of Law: Law
Date of issue: 2008 Mar 19
Posted: 2008 Mar 31
Given the capacity of the terms of reference and powers granted by the Constitution of the Republic of Iraq to the provinces and departments. For the purpose of organizing these terms of reference and powers in line with the new form of the state based on the basis of the federal system (Fed) and the decentralized system and the lack of current legislation for such a situation initiated this law.
Behalf of the people
Based on what passed the House in accordance with the provisions of Article (61 / I) of the Constitution and the legal period stipulated in Article (138 / V / a) of the Constitution,
issued the following Law on 19/03/2008 LINK
HERE IS A LINK TO A GREAT AL-MONITOR ARTICLE ON THIS LAW: LINK
HERE ARE SOME ADDITIONAL THOUGHTS...
Remember last week we saw an article that said that they were going to suddenly implement the counterfeiting and money laundering laws?
This will help address the security issues regarding the currency. Also, remember that we have the Bucharest Conference Accord? A COM announcement came out several months ago stating that the GOI and all related ministries were going to adhere to this accord,
which ascribes money laundering and counterfeiting regulations for mail/email..
anything which utilizes communication deliveries, including currency movement.
Also we know that recently Kurdistan agreed to implementing the Law of the Languages (which is in the Gazette as well) - and this law contains within it regulations for currency printing of Kurdish, Arabic and English (and the Turkmen language is another aspect of this law) –
and this combined with the electronic signature law (which is "active" in the Gazette), and what seems to be the implementation and regulating of the ISX-Xstream communications and money transfer system...
I think we're seeing great progress in assuring at least some confidence for investor's in this area.
I do not think that the security situation is going to take years to get under control. I think they should have addressed this situation fairly well by mid year - based on the articles I'm reading.
Butifldrm and I discussed laws yesterday, as compared to the ER laws list/pdf , which can be found at this link: LINK
Our conclusion is that the list contains ("required") ER laws, some of which were associated with conditions experienced under the Maliki regime, and authored as such.
Or contains laws which do not seem applicable to the existing conditions in the country - many of these laws are "hangovers" from many years ago, and as far as I can tell, from the Gazette, as well as many articles I've read over the years,
it appears some of these laws associated with this list seem to have been "thrown in" and not uploaded to the gazette, nor discussed in any open way in a long time –
and because we will never know / have a list containing all of the required laws, based on agreements with the PTB, it's pointless and impossible to try to fully discern this. However several of the laws contained in the list, are in the Gazette.
At this point, we're really only watching the investment law amendments and any announced banking laws. Also, many laws on this list seem to be connected to WTO ascension requirements - so we watch and wait.
As we know, the CBI is not great at posting amendments to their banking laws...so we don't know what they're doing, except what/if any articles we're privy to, announcing banking laws amendments/reforms.
Neither Butifldrm, nor myself, ever thought we'd see a change in the value in January. Daash is the primary concern, as well as CBI governorship/management.
I think Saleh is a good man and very intelligent, but because of his waffling on requirements (via articles), I just cannot put nearly as much faith in his espousals as I can Dr. Shabibi.
Here's something else I want to put to everyone, and please forgive me, I do not intend to rain on anyone's parade...this is simply a thought which occurred to me;
Why would Shabs come back with Maliki "loose" in the country?
Maybe Shabs is not concerned over this, but I would be if I were him ;-). At the very least, maybe Shabs will soon be working with a new CBI Governor?
We have so much to be thankful for ; Agreement with the Kurdistan region, Abadi will soon be seeing that many, if not all of the ministries have new director's seated at each/respective helms, preparations for private sector reform; there's really too much positive, forward movement to list.
I also do believe that Mahmoud is being dealt with and perhaps we may soon see him replaced.
This is my longtime hope and I know that it's a considerable concern for many Iraqi's, highly placed, as well as Iraq's citizens.
Okay, that's all I have for now. I think we're in a good place - I agree with the thoughts of many that the GOI is doing all they can to try to address what's been needed to help Iraq , and quick like. This, IMHO, truly is the first time we've been in a very good place (since the new GOI was seated).
Happy new year, everyone... OOTW