The difficulties facing the implementation of administrative decentralization in Iraq (Comparative study)

Abstract

         The difficulties facing the implementation of administrative decentralization in Iraq- Comparative study

Dr. Ammar Duair Falih

Within the framework of the democratic orientation and the reform of the administrative system in the new Iraq, and in order to provide basic services to the citizen in a smooth manner and without delay, and to ward off obstructive routines and reduce redundant episodes. Administrative decisions related to the implementation of projects and the provision of services closely related to the lives of the masses of citizens in the best possible way and at the available speed.

To achieve this, it was necessary to adopt the framework of decentralization in administration as a constitutional principle in order to strengthen the role of local governments by rejecting hateful centralization, assigning local affairs that are embodied in the function of the service side, completing the management of daily affairs, organizing public life, and maintaining security, tranquility and order, at the internal level in local governments in the provinces.

 Therefore, at the internal level, the Law of Governorates Not Organized in a Region No. (21) of 2008 was issued and amended, and entered into force from the date of its issuance (published). In the Iraqi Gazette, issue dated 3/31/2008) based on the text of the second paragraph of Article 122 of the Constitution, which provides for the administration of governorates that are not organized in a region in accordance with the principle of administrative decentralization and the regulation of this matter by law.

But with the application and practice, it became clear that the law suffers from many shortcomings and it is necessary to "extend the powers of local authorities and increase the financial resources of administrative units to enable them to manage their affairs." Accordingly, Law No. 21 of 2008 was amended three times (First Amendment No. 15 of 2008). 2010, Second Amendment No. 19 of 2013, Third Amendment No. 10 of 2018).

Although the decentralization system in Iraq is legally organized and includes wide powers of local governments, which are not underestimated, so that the latter make real governments, the political will and other reasons prevented the implementation of administrative decentralization in Iraq properly.

This is what prompted us to discuss the causes of this problem, foremost of which is the lack of agreement on granting the power to legislate laws to governorates that are not organized in a region