ENABLING DECENTRALIZATION ENVIRONMENT

GSP/Taqadum legal specialists aimed to build a legally enabling environment for the transfer and performance of functions at a local level through two parallel approaches:

  • Assist in the formation and training of Legal Working Units (LWU) from Provincial Council Legal Committees to research, prioritize, analyze, and advise; draft laws, rules, and regulations; and follow-up on implementation of legislative actions. These LWUs, in cooperation with GSP/Taqadum, identified 35 national laws, rules, and regulations that conflicted with the administrative decentralization process of the targeted Ministries, essentially blocking the implementation of Article 45 of Law 21 of 2008, as amended. Working collaboratively with Federal and provincial entities, particularly the provincial Legal Committees, GSP/Taqadum compiled recommendations and related draft amendments to address and harmonize these conflicts within the laws.
  • Assist the provincial governments in drafting and submitting the recommendations and related draft amendments to the Council of Ministers (COM) for national adoption.

GSP/Taqadum selected four pilot provinces and worked with the Legal Working Units (LWU) from their respective Provincial Council Legal Committees, Governor’s Office (GO) Legal Sections, and Legal staff in related directorates. This work involved reviewing, researching, prioritizing, and analyzing all related information in preparation for writing the first draft amendments to laws in conflict with Law 21, as amended, for the new four newly targeted Ministries of Labor and Social Affairs (MOLSA), Construction and Housing (MOCH), Youth and Sports (MOYS), and Agriculture (MOA).

ACHIEVEMENTS

  • Babil: reviewed, analyzed, and prepared an initial draft addressing conflicting laws for MOLSA
  • Baghdad: reviewed, analyzed, and prepared an initial draft addressing conflicting laws for MOCH
  • Najaf: reviewed, analyzed, and prepared an initial draft addressing conflicting laws for MOYS
  • Wasit: reviewed, analyzed, and prepared an initial draft addressing conflicting laws for MOA
  • Prepared a study regarding the Financial Management draft law (which was read by the Council of Representatives (COR) on September 22, 2016), and provide this study to provinces for their actions
  • Babil, Basrah and Diyala: Prepared a study regarding the Renting Agricultural Lands Law, which received its first reading by the COR and provided technical assistance in all provinces on this law and how it conflicts with decentralization, in accordance with Article 45 of Law 21, as amended. All three provinces sent official letters to the COR requesting it conduct yet another review of this Law to make it align with Article 45

NEXT STEPS

  • Finalize the initial draft and share, discuss, unify, and adopt it via a national workshop that includes all provinces, HCCPSEC, COM, COR, and the four newly added ministries. The respective GOs and PCs will then submit the final, adopted draft to the HCCPSEC, COM, COR for final approval.
  • Assist provincial governments in the drafting and submission of recommendations and related draft amendments to the HCCPSEC, COM, and COR for national adoption.