March 10, 2011
Iraq court says poll body, central bank still independent
BAGHDAD - A January Supreme Court ruling that placed the central bank and elections commission under the supervision of the cabinet will not affect their independence, the court has said in a clarification sent to parliament.
The ruling had sparked concern that Prime Minister Nuri al-Maliki, accused by his opponents of having authoritarian leanings, was trying to centralise power. A rival politician called it a “coup”.
In its clarification, sent this month to parliament, the court said: “Supervision does not undermine the independent work of the independent bodies, technically, financially and administratively.”
“The constitution gives those bodies the financial and administrative independence to ensure their impartiality and the independence of their decisions,” the court said.
Judge Qasim al-Aboudi, a spokesman for the Independent High Electoral Commission (IHEC), said the letter affirmed the independence of the agencies.
“Frankly speaking, I say this is clear. It retreats from the previous decision,” Aboudi said. “This clarification literally coincides with the interpretation of the constitution.”
Nevertheless, the clarification still leaves room for political meddling, said Hadi Naeem al-Maliki, a professor of international law at Baghdad University.
“The court said the cabinet only has the right to draw the general policy of these bodies. But we do not know the limit of this policy,” he said.
“I believe this is a free invitation ... for the cabinet to interfere in the work of these bodies.”
Under the constitution hastily drawn up in the aftermath of the 2003 US-led invasion, the independent bodies were to be “monitored” by parliament. Maliki argued, and the court agreed, that this language was ambiguous and the bodies should instead be supervised by the cabinet.
The main agencies affected were the Central Bank of Iraq, IHEC, anti-corruption watchdog the Integrity Commission and the High Commission for Human Rights.
Maliki has defended the court’s decision and said it would not jeopardise the independence of the bodies.
When the ruling was issued in January, the central bank said a loss of its independence could allow the state’s creditors to seize central bank assets. Bank officials later said they did not believe the court ruling would cost them their independence.
“This recent clarification adds nothing new,” deputy central bank governor Ahmed al-Buraihi told Reuters.
“It is a matter of fact that the central bank’s independence is definite, regardless of any decision taken by the supreme court. The prime minister has no authority to administer the assets of the bank.”
On Tuesday, parliament said in a statement that the supreme court had cleared up ambiguities in its decision.
Lawmaker Salim al-Jubouri said there was no doubt bodies like the central bank belonged under parliamentary control: “The constitution is so clear. It says bodies like the central bank, electoral agency, human rights and Integrity Commission belong to parliament.”
The ruling had sparked concern that Prime Minister Nuri al-Maliki, accused by his opponents of having authoritarian leanings, was trying to centralise power. A rival politician called it a “coup”.
In its clarification, sent this month to parliament, the court said: “Supervision does not undermine the independent work of the independent bodies, technically, financially and administratively.”
“The constitution gives those bodies the financial and administrative independence to ensure their impartiality and the independence of their decisions,” the court said.
Judge Qasim al-Aboudi, a spokesman for the Independent High Electoral Commission (IHEC), said the letter affirmed the independence of the agencies.
“Frankly speaking, I say this is clear. It retreats from the previous decision,” Aboudi said. “This clarification literally coincides with the interpretation of the constitution.”
Nevertheless, the clarification still leaves room for political meddling, said Hadi Naeem al-Maliki, a professor of international law at Baghdad University.
“The court said the cabinet only has the right to draw the general policy of these bodies. But we do not know the limit of this policy,” he said.
“I believe this is a free invitation ... for the cabinet to interfere in the work of these bodies.”
Under the constitution hastily drawn up in the aftermath of the 2003 US-led invasion, the independent bodies were to be “monitored” by parliament. Maliki argued, and the court agreed, that this language was ambiguous and the bodies should instead be supervised by the cabinet.
The main agencies affected were the Central Bank of Iraq, IHEC, anti-corruption watchdog the Integrity Commission and the High Commission for Human Rights.
Maliki has defended the court’s decision and said it would not jeopardise the independence of the bodies.
When the ruling was issued in January, the central bank said a loss of its independence could allow the state’s creditors to seize central bank assets. Bank officials later said they did not believe the court ruling would cost them their independence.
“This recent clarification adds nothing new,” deputy central bank governor Ahmed al-Buraihi told Reuters.
“It is a matter of fact that the central bank’s independence is definite, regardless of any decision taken by the supreme court. The prime minister has no authority to administer the assets of the bank.”
On Tuesday, parliament said in a statement that the supreme court had cleared up ambiguities in its decision.
Lawmaker Salim al-Jubouri said there was no doubt bodies like the central bank belonged under parliamentary control: “The constitution is so clear. It says bodies like the central bank, electoral agency, human rights and Integrity Commission belong to parliament.”
