If corruption has taken root, it is not because of a lack of opportunities for reform. Technical experts have excelled in presenting workable proposals, but almost none have been adopted. Because of its deficient framework, and also because of government obstruction, parliament has been unable to pass any of the legislative reforms that have been on the table since at least 2007. These include, among others, a law that would force political parties to disclose their financial interests; rules that would improve the oversight institution’s performance; and a law that would protect the Supreme Court’s independence. The few reforms that have been adopted restate the existing framework’s deficiencies and will not significantly improve the state’s performance. Until these, as well as other, actions are taken, the government will continue to operate unchecked, bringing with it the type of chronic abuse, rampant corruption and growing authoritarianism that is the inevitable result of failing oversight.
RECOMMENDATIONS
To the Government of Iraq and to the Council of Representatives:
1. Strengthen the anti-corruption framework to allow for greater and more effective cooperation and coordination between the various state institutions involved in combating corruption, specifically by:
a) allowing all anti-corruption and audit officials to refer criminal matters directly to the courts;
b) guaranteeing the independence of the Inspectors General from government ministers, in particular by providing that ministers and the prime minister play no role in inspectors’ recruitment and dismissal;
c) formalising cooperation between oversight agencies by requiring them, notably the Inspectors General, to adopt standard operating procedures;
d) increasing each oversight institution’s training budget to develop skills necessary to carry out auditing and investigatory missions independently of other institutions; and
e) passing effective witness protection legislation and ensuring public access to government information.
2. Pass political party legislation requiring parties to display financial transparency and publish detailed annual accounts, including all sources of income and expenditures.
3. Reform the Council of Representatives’ bylaws, including by removing administrative matters from the speaker’s prerogatives, facilitating the formulation of legislative bills and accelerating the lawmaking process.
4. Streamline the legislative process by:
a) clarifying and strengthening the working relationship between institutions involved in the preparation of new legislation;
b) clarifying each institution’s role; and
c) establishing clear lines of communication between these institutions.
5. Reform the Council of Representatives’ oversight function to focus on policy implementation through the questioning of senior technocrats and administrative officers rather than politicians.
6. Enact a law that would prevent the head of the Higher Judicial Council from occupying the position of chief justice, and protect the Supreme Court’s independence by forbidding any political interference.
To the United States and other members of the International Community:
7. Publicly express disapproval of the Iraqi government’s and parliament’s failures regarding long-overdue reform.
8. Provide immediate and direct support to the Council of Representatives by seconding experts in parliamentary development to work directly in the Council’s offices on a long-term basis.
9. Support efforts to reform the anti-corruption framework, notably through advice on rendering administrative functions more efficient.
Comments are closed.