Search

 

Cablegate: Provincial Councils Terms of Office

VZCZCXRO7136
PP RUEHBC RUEHDA RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #3986 3430719
ZNR UUUUU ZZH
P 090719Z DEC 07
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 4724
INFO RUCNRAQ/IRAQ COLLECTIVE

UNCLAS BAGHDAD 003986

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM IZ
SUBJECT: PROVINCIAL COUNCILS TERMS OF OFFICE


1. (SBU) Summary: Iraq,s provincial councils were seated in
January 2005. It is commonly assumed that members of the
provincial councils were, like members of the Council of
Representatives, elected to four year terms and that new
elections are therefore required by January 2009. However,
this assumption is incorrect, because there is no legislation
in place that defines the term of office for provincial
council members. In theory, the current provincial councils
will remain seated indefinitely until legislation is enacted
defining their terms of office. End Summary.

2. (SBU) The Coalition Provisional Authority (CPA)
Transitional Administrative Law (TAL) Chapter Eight discusses
provincial councils. TAL Chapter 8 Article 55 (B) states
that "(e)ach Governor and member of each Governorate Council
who holds office as of 1 July 2004 in accordance with the law
on local government that shall be issued, shall remain in
place until such time as free, direct, and full elections,
conducted pursuant to law, are held..." The TAL makes
reference to only one set of provincial elections. CPA Order
71 on Local Government Powers, Section 2, Article 4 states
that "Elections for Governorate Councils will take place at
the same time as elections for the National Assembly, no
later than 31 January 2005." The combination of TAL Chapter
8 and CPA Order 71, which requires mandatory elections by 31
January 2005, implies a seven month term of office for those
provincial council members who were in power on 01 July 2004.


3. (SBU) However, nowhere in TAL Chapter 8, CPA Order 71, CPA
Order 92 (the Independent Electoral Commission of Iraq), or
CPA Order 96 (the Electoral Law) is there any reference to a
subsequent term of office or subsequent elections for those
provincial councils elected in January 2005. Collectively,
the TAL and CPA legislation envisioned only one set of
provincial elections in January 2005, and made no provision
for any others. The expectation was that the Constitution
and other legislation drafted after January 2005 would
subsequently define terms of office.

4. (SBU) While this did in fact happen with the CoR, whose
four year terms of office were subsequently defined in
Article 56 of the Constitution, no similar provision
addresses the Provincial Councils. The only relevant
provision of the Constitution, Article 122 clause Fourth,
states that "a law shall regulate the election of the
Governorate Council, the governor, and their powers." The
referenced law defining both their election and their powers
has yet to be passed. As a result, the existing provincial
councils will remain seated until legislation is enacted
defining their terms of office. (Note: current drafts of the
proposed Law of Governorates Not Organized into a Region
contemplate a four year term of office. End Note.)
BUTENIS

© Scoop Media

 
 
 
World Headlines

 

Ramzy Baroud: Year in Review Will 2018 Usher in a New Palestinian Strategy

2017 will be remembered as the year that the so-called ‘peace process’, at least in its American formulation, has ended. And with its demise, a political framework that has served as the foundation for US foreign policy in the Middle East has also collapsed. More>>

ALSO:


North Korea: NZ Denounces Missile Test

Foreign Affairs Minister Winston Peters has denounced North Korea’s latest ballistic missile test. The test, which took place this morning, is North Korea’s third test flight of an inter-continental ballistic missile. More>>

ALSO:

Campbell On: the US demonising of Iran

Satan may not exist, but the Evil One has always been a handy tool for priests and politicians alike.

Currently, Iran is the latest bogey conjured up by Washington to (a) justify its foreign policy interventions and (b) distract attention from its foreign policy failures.

Once upon a time, the Soviet Union was the nightmare threat for the entire Cold War era – and since then the US has cast the Taliban, al Qaeda, and Islamic State in the same demonic role. Iran is now the latest example…More


Catalan Independence:
Pro-independence parties appear to have a narrow majority. More>>