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Iraqi MPs discuss prime minister's remarks on presidential system.
Thursday, 15 October 2009 23:55
Dubai Al-Arabiya Television in Arabic at 1908 gmt on 16 May carries within its "Panorama" programme, moderated by Muntaha al-Ramahi, a 23-minute live discussion of Iraqi Prime Minister Nuri al-Maliki's call for a presidential system in Iraq. The programme hosts via satellite from Baghdad Iyad Jamal-al-Din, member of the Iraqi Council of Representatives for the Iraqi List, via satellite from Baghdad; and Jabir Habib Jabir, member of the Iraqi Council of Representatives for the Unified Iraqi Coalition.
Al-Ramahi begins by saying: "Iraqi Prime Minister Nuri al-Maliki's announcement that he prefers a presidential system over a parliamentary system has raised contradictory reactions inside political circles in Iraq." She notes that some people support a presidential system, while others believe such a system is unsuitable for developing countries, and yet others consider it a prelude to the return of dictatorship. She asks: How realistic is the proposal to establish a presidential system in Iraq? Is it true that a presidential system is unsuitable for developing countries? Why do many fear that such a system could pave the way for the return of dictatorship?
The programme then airs a three-minute report by Najah Muhammad Ali, who says that after the toppling of Saddam Husayn's regime, which was described as one of the most arrogant regimes in the world, Iraqi officials chose a new constitution based on consensual democracy and a parliamentary system. He notes that the new system aims to prevent monopoly of power and guarantee the non-return of dictatorship. He adds that the new system is based on separating authorities and does not give the government the right to dissolve parliament. Ali says that although the presidential system enjoys important advantages, the Iraqi prime minister's call for such a system raise the concern of Sunnis and Kurds, because the genuine motives and objectives of Al-Maliki's call remain unclear. He notes that the parliamentary system in Iraq "is being implemented with a fragile consensus based on partisan and sectarian benefits, many of which have become personal gains."
Ali adds that Al-Maliki, who is trying to exploit the results of the recent provincial council elections, wants a presidential system based on a strong presidency, one that is directly elected by the people and one that exercises executive authority more independently. Ali notes that some people believe that the presidential system experience in developing countries has led to dictatorship. He adds that Sunnis who oppose Al-Maliki's call claim that it violates the current constitution. Moreover, he says that the Kurds believe that the prime minister, the parliament, and the government are restricted by the country's permanent constitution, which stipulates that Iraq is a federal country with a parliamentary system. Hence, he argues that any attempt at amending the Constitution will be difficult, and that once the amendments are presented to the president of Iraq, he could either accept them or reject them after time-consuming measures fraught with concessions.
Asked about the timing of Prime Minister Al-Maliki's remarks about preferring a presidential system, Jamal-al-Din says: "Before Al-Maliki made his remarks regarding his preference for a presidential system, we had repeatedly said in the past that it is necessary to either give more authorities to the prime minister or change Iraq into a presidential system. Those who criticized such a system did not proceed from their fear of the return of dictatorship, but rather to protect the small dictatorships here and there." He adds: "Iraq has a federal system between dictatorships that have become formed or are in the process of formation." He stresses that "restoring the prestige of the state and law, and giving the central government all its authorities" would serve Iraq's interest. He criticizes the "non-homogeneous" formation of the current Iraqi Government, and says that "the ministers in the government are ambassadors of their minorities, sects, tribes, parties, or even militias. Hence, it is impossible to say that we have a government, but rather we have representatives for governments or dictatorships here and there. Such a government is certainly paralysed and replete with corruption. This is what we see in Iraq at present;" hence, he stresses that the current parliament is paralysed with regard to accountability. Jamal-al-Din says: "The parliament has been occupied by the political forces that control it, which represent sects, minorities, or ethnicities;" thus, resulting in the paralysis of the political process. He stresses: "We support what the prime minister has said."
Al-Ramahi notes that some people claim that Al-Maliki's call has come somewhat late, that it requires amending the Constitution, and that it violates the Constitution. Asked to comment, Jamal-al-Din says: "It does not violate the Constitution. In fact, it is a call to amend and correct the Constitution," noting the need for constitutional amendments to change from a parliamentary system to a presidential system. He stresses that those who claim that Al-Maliki's call aims to establish a dictatorship are in fact trying to preserve their own dictatorships. Hence, he says: "The prime minister's call is to change the Constitution in a manner that would allow establishing a presidential system."
Asked what would guarantee that dictatorship will not return to Iraq if a presidential system is established, Jabir says that when the Iraqi Constitution was formulated it took into consideration two apprehensions; namely, guarantees and fears. He notes that there was fear of the return of the previous system and dictatorship, and that each party wanted guarantees. He adds that now they realize that the Constitution suffers some weaknesses; hence, the need for a revision. He stresses: "When we call for a presidential system, we do not call for a non-democratic system. Many democratic systems are presidential systems."
Interrupting, Al-Ramahi argues that those who oppose the presidential system claim that there is no presidential system in a developing country that can be described as democratic, and that a president can amend or change the constitution without even returning to parliament. Jabir says: "Many countries, especially in Latin America, and other countries, have adopted a presidential system in order to make progress in development because it is a more effective system." He notes that the parliamentary system in Iraq is not even similar to parliamentary systems throughout the world, "because it lacks a balance between the legislative and executive authorities such that the parliament can deny confidence to and remove the prime minister, but the prime minister cannot dissolve the parliament as is the case with parliamentary systems." He stresses that the Iraqi Parliament is weak, and consequently the government is weak. He compares the situation to the Italian Government which has always been unstable, and the French system under De Gaulle. Interrupting, Al-Ramahi says: You are talking about ancient democracies, not developing democracies.
Al-Ramahi says that some accuse Al-Maliki of rallying military forces under his command and of forming a dictatorship. Asked what would guarantee that Iraq will not return to dictatorship, Jamal-al-Din says: "The problem is not with Prime Minister Nuri al-Maliki. The problem is with the authorities of the post. Those who oppose [a presidential system] do not oppose Nuri al-Maliki as a person, for they are the ones who had reached consensus about him. The parties in the authority are the ones that brought Nuri al-Maliki to serve as prime minister." He stresses that those who oppose a presidential system fear that their parties' militias would be eliminated, and that they do not want a unified army, intelligence agency, and police force because that would eliminate the influence of the heads of sects. Jamal-al-Din argues: "The current prime minister, Nuri al-Maliki, has not activated all his constitutional and legal authorities. Otherwise, his duty would be to purge his government of corrupt and corruptive ministers. So far, we have not seen this, and we know why. He fears the consequences of such actions, because they [the corrupt and the corruptive] are covered by their parties, sects, and militias." He stresses the need to strengthen the post of prime minister in order to impose the law, achieve security, and ensure economic development.
Asked what would stop any Iraqi president from becoming a dictator, Jamal-al-Din says that democracy can become a presidential system, one that is governed by a constitution, a house of representatives, and a senate, as is the case in the United States. He argues: "Granting the president or the prime minister more authorities does not mean turning Iraq into a dictatorship," stressing that dictatorship can only return to Iraq if a military coup is staged, which is unlikely because there is an international will to prevent any such coup.
Asked why Kurds and Sunnis reject a presidential system, Jabir notes that Sunnis want more authorities for the president of the country, which would result in a two-headed executive authority.
Asked what would guarantee that a president in a presidential system would not extend his term in office, Jabir says: "The guarantee is the constitution." Interrupting, Al-Ramahi notes that the president can amend the constitution. Jabir stresses that the constitution can only be changed through a military coup, and says that if a presidential system is established, Nuri al-Maliki might not be elected. He argues that when a president or prime minister is elected by the people, he would be strong and would enjoy the entire people's support, not the support of a particular sect or group, and that he would represent the entire people, not a particular sect or ethnicity. He adds that the elected prime minister or president in a presidential system would be held accountable by parliament.
Al-Ramahi notes that the Iraqi Constitution was criticized by many political blocs in Iraq, and asks if establishing a presidential system would result in amending the constitutional articles that divided Iraq along sectarian lines. Jamal-al-Din argues that amending the Constitution based on the current constitutional mechanisms is almost impossible unless it is approved by the two main Kurdish leaders, Mas'ud Barzani and Jalal Talabani, who would certainly want to score gains for the Kurds. He stresses the need for a strong government, criticizes widespread corruption, and says that no high-level thief can be held accountable. Moreover, he stresses that the central government must be given more authorities.
Al-Ramahi says that if the prime minister and president are elected from the same sect, then the issue of sectarianism will once again emerge. Jabir argues that in practice Iraq cannot change from a parliamentary system to a presidential system due to many obstacles. However, for the sake of argument, Jabir says that if a president is elected based on a presidential system and since the majority is Shi'i in Iraq, then Sunnis would elect the Shi'i who is the closest to them, or Kurds, Sunnis, and some Shi'is would elect a Kurdish or Sunni president. He stresses that the political system in Iraq will remain one of consensus, blackmail, and appeasement.
Source: Al-Arabiya TV, Dubai, in Arabic 1908 gmt 16 May 09





