New Federalism Jurisprudence of State of Law Alliance

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

Just when you thought things could not get more farcical in Iraq, the so-called State of Law Alliance of Prime Minister Nuri al-Maliki has provided yet more fodder for potential pun-makers.

Back on 5 November, in a comment on the recent Salahaddin federalism initiative, Walid al-Hilli of State of Law declared that there were problems with the bid relating to article 6 of the law on region formation. According to Hilli, the article in question was “unclear” with respect to the creation of new regions through the transformation of a single governorate to a new federal region.

One could have dismissed the comment by Hilli as a slip of the tongue were it not for the fact that something almost identical was repeated by Mariam al-Rayyis, also close to Maliki, in press comments yesterday. According to Rayyis, article 6 only relates to governorates wanting to join an existing region! In her view the law must be amended by parliament before the current Salahaddin project can go ahead (she specifically suggests Salahaddin can only join Kurdistan).

Let’s look at article 6.

يكون الاستفتاء ناجحاً إذا حصل على أغلبية المصوتين من الناخبين في كل محافظة من المحافظات التي تروم الانضمام إلى إقليم

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