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Monday, 07 May 2012, 07:26 GMT
Erbil Agreement content disclosed
The Kurdish Globe
The agreement was the basis for the formation of the new Iraqi government's cabinet and political accord
As the winners of the March 2010 parliamentary elections failed to form the new cabinet of the government after eight months, Kurdistan Region's President Massoud Barzani called on a national congress to resolve the disagreements and form the government.
Erbil hosted the conference where President Barzani, Head of State of Law Bloc Nuri al-Maliki and Head of Iraqia party Iyad Allawi reached an agreement, which was signed by Dr. Roj Nuri Shawais, Hassan Sneid and Salman Jumeli, representing the Kurdistani Alliance, National Alliance and Iraqia party, respectively.
Below is the text of the nine-article agreement, which has not previously been published:
A. First Section:
1.Benefits of the members: Reviewing the legislation related to the benefits of the members and amending them (rights, salaries, guards, retirements, financial and administrative authorities).
2. Reforming the parliamentary office: Improving the qualifications of its cadres to be able to responsibly deal with preparing the draft laws for approval, following up the laws of various commissions within specific time limits, as well as not ignoring those laws that are submitted to Parliament as draft laws or suggestions.
B. Second Section:
Laws and Regulations
1.Reestablishing the Constitution Amendment Committee in a way that guarantees the real participation of all the winning blocs in the committee, and achieves the amendments that have been agreed upon.
2.Setting specific time limits for the laws: Setting specific approval time for all laws that are required under the Constitution but not yet legislated. This has to be in coordination with the parliamentary offices, the Legal Committee and the specialized committees of the Parliament, and implemented by the speaker of the Parliament on the one hand and the heads of the political blocs on the other hand, according to the following priority:
- Federal Court Law
- Oil and Gas Law
- National Reconciliation Law
- Security Agencies Organization Law
- Parties Law
- United Council Law
- Elections Law
- Elections Commission Law
- Media Network Law
- Public Inspectors Law
- Financial Audit Divan Law
- Balance Board Law
- Federal Revenues Law
- Executive Power Law
- Journalism and Journalists Protection Law
3.Establishing a permanent parliamentary committee and allocating the posts of the head, members and decision-makers according to number of votes as well as constitutional balance.
C. Third Section:
Monitoring Role
1. Activation of the affiliation of the independent commissions (Integrity Commission, Financial Audit Commission, Media Network, Relations and Media Commission) to Parliament according to the Constitution and by the verdict of a decision from the Federal Court.
2. Putting an end to the issue of delegation of responsibility or official positions to deputies and delegates (substitute minister, board chair, deputy minister, etc.) within the first three months of the beginning of the work of the Parliament as well as guaranteeing the constitutional balance.
3.Stimulating the role of media organizations considering that it is the forth power. Legislating the journalism work and journalist protection laws.
4. Setting a clear and agreed-upon mechanism to summon and question the executive members and not leaving the issue for the presidency's analysis.
D. Forth Section:
Security Reform
1.Security institutions laws and authorities: Deciding on the laws of the security institutions that determine the active security institutions and clarifying the duties and authorities of each institution to achieve the complementary state, and in a way that minimizes encounters between the specializations of the security institutions.
2.The need for the development of the security institutions to achieve the highest degree of professionalism.
3.Forcing the security institutions to obey questioning by the council of representatives (according to constitutional procedures) and drafting necessary laws to impose severe penalties on those who are proven to be spying for the interest of foreign parties.
4.Investigating all officials and members of the security forces against whom suits are filed for breaching human rights and not providing any protection for any of those for any reason.
5.Stimulating the role of the provincial councils according to the Constitution and the provincial committees' councils in a way that guarantees the implementation of the decisions of these councils that are related to security.
6.Establishing investigation centers to make use of retired citizens.
7. Organizing and strengthening the borders with new equipment and in a way that guarantees control of the borders.
7.Toughness with those who enter the country illegally.
8.Establishing a specialized committee to monitor national disasters and offering fast and effective solutions to the affected areas.
9.Strengthening the role and authority of the national intelligence agencies and developing their cadres as required by Iraqi national security, fighting espionage and following up the security intelligence activities on Iraq's soil as well as drafting effective laws in this regard.
E. Fifth Section:
Judicial Reform
1.The presidencies of the Higher Judicial Council and the Federal Court or Tribunal Court should be unified.
2.Accelerating the process of establishing the judicial power according to the Constitution, stimulating and developing the work of the attorney general.
3.Accelerating the establishment of the Judicial Power Law according to the Constitution as well as stimulating and improving the work of General Appeal Court.
4.Accelerating the approval of the Higher Judicial Council Law.
5.Preventing judges from working outside the Higher Judicial Council's institutions.
6.Revising the Terror Law.
7.Keeping balance among the government institutions.
F. Sixth Section:
i.Achieving national balance in:
1.Ministries' deputies
2.Ambassadors
3.Head of the independent boards and commissions
4.In the federal ministries and military and security institutions, at the levels of director and above or equivalent posts (chief of divisions, ministries, divans, etc.).
ii.Balance Board Law shall be approved within a period of no more than six months after the commencement of the parliamentary committees, and the board shall be established immediately after the approval of the law, per the mutual agreement of the blocs.
iii.The board will respect the constitutional balance and guarantees the rights of all regions and provinces in all the state institutions, including the security and military institutions at all levels.
iv.Stimulating the role of the Ministerial Council and the independent commissions as well as granting adequate authority to the deputy ministers and assistants of the independent boards to achieve power sharing.
v.Fully activating the Constitution and the laws related to employment and accelerating the establishment of the Federal Service Council, which is addressed in the Article 107 of the Constitution and the previous Council of Representatives has approved at the end.
G. Seventh Section:
Reform in the Work of the Executive Power
1.Depending on the principle of skill and professional capability, as well as achieving constitutional equity in the public sector jobs, according to the Public Service Law.
2.Constitutional balancing that has been distorted by the employment processes of the past and guaranteeing provincial representation according to the Constitution (there has been no agreement about this).
3.Guaranteeing the real participation of the allied parties in the government in making political, security and economic decisions.
4.Approving agreed-upon internal procedures for the Ministerial Council that determines procedures and the authority of the council and its members.
5.Organizing the security institutions that are not addressed in the Constitution in the security ministries according to their respective specialization and their necessity for the security situations, which has to be dome in steps.
6.Educational and agricultural initiatives will be associated with specialized ministries and no initiative will be accepted in the future unless by Ministerial Council decision.
7.Stimulating the role of Ministerial Council supervisor on the ministerial roles.
8.Stimulating solutions for administrative and financial corruption phenomena.
9.Abiding by the unity of the government's official statements.
10.Banning joining of legislative and executive posts.
11.Banning the direct interference in the affairs of the ministries by the MPs, advisers and director generals for the interest of any political groups, and dealing with minister as the highest person in the ministry.
12.President of the Ministerial Council and all ministers shall abide by the decrees of the Ministerial Council and the approved laws, while considering that they are representing the state in their ministries rather than representing their political groups or representatives, and whoever breaches this, necessary action will be taken to dismiss him/her from his/her posts.
13.General inspectors in the ministries will not be from the same bloc as the minister.
H. Eighth Section: National Accord
1.In the critical issues such as (war and peace, strategic agreements, constitutional amendments) a 100 percent consensus should be achieved among all allies.
2.In strategic and important issues, voting shall be on 50+1 majority basis.
3.In daily crime issues, voting shall be on 50+1 majority basis.
I.Ninth Section: Inquiry, Justice and National Reconciliation
1.Holding the decisions of the current board except for day-to-day issues.
2.Establishing Inquiry and Justice Board according to the law.
3.Revising the law of Inquiry and Justice by the agreed-upon amendments so that the law is not used on bilateral measures or for political purposes, and the dossier will be treated according to law.
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Erbil Agreement content disclosed
The Kurdish Globe
The agreement was the basis for the formation of the new Iraqi government's cabinet and political accord
As the winners of the March 2010 parliamentary elections failed to form the new cabinet of the government after eight months, Kurdistan Region's President Massoud Barzani called on a national congress to resolve the disagreements and form the government.
Erbil hosted the conference where President Barzani, Head of State of Law Bloc Nuri al-Maliki and Head of Iraqia party Iyad Allawi reached an agreement, which was signed by Dr. Roj Nuri Shawais, Hassan Sneid and Salman Jumeli, representing the Kurdistani Alliance, National Alliance and Iraqia party, respectively.
Below is the text of the nine-article agreement, which has not previously been published:
A. First Section:
1.Benefits of the members: Reviewing the legislation related to the benefits of the members and amending them (rights, salaries, guards, retirements, financial and administrative authorities).
2. Reforming the parliamentary office: Improving the qualifications of its cadres to be able to responsibly deal with preparing the draft laws for approval, following up the laws of various commissions within specific time limits, as well as not ignoring those laws that are submitted to Parliament as draft laws or suggestions.
B. Second Section:
Laws and Regulations
1.Reestablishing the Constitution Amendment Committee in a way that guarantees the real participation of all the winning blocs in the committee, and achieves the amendments that have been agreed upon.
2.Setting specific time limits for the laws: Setting specific approval time for all laws that are required under the Constitution but not yet legislated. This has to be in coordination with the parliamentary offices, the Legal Committee and the specialized committees of the Parliament, and implemented by the speaker of the Parliament on the one hand and the heads of the political blocs on the other hand, according to the following priority:
- Federal Court Law
- Oil and Gas Law
- National Reconciliation Law
- Security Agencies Organization Law
- Parties Law
- United Council Law
- Elections Law
- Elections Commission Law
- Media Network Law
- Public Inspectors Law
- Financial Audit Divan Law
- Balance Board Law
- Federal Revenues Law
- Executive Power Law
- Journalism and Journalists Protection Law
3.Establishing a permanent parliamentary committee and allocating the posts of the head, members and decision-makers according to number of votes as well as constitutional balance.
C. Third Section:
Monitoring Role
1. Activation of the affiliation of the independent commissions (Integrity Commission, Financial Audit Commission, Media Network, Relations and Media Commission) to Parliament according to the Constitution and by the verdict of a decision from the Federal Court.
2. Putting an end to the issue of delegation of responsibility or official positions to deputies and delegates (substitute minister, board chair, deputy minister, etc.) within the first three months of the beginning of the work of the Parliament as well as guaranteeing the constitutional balance.
3.Stimulating the role of media organizations considering that it is the forth power. Legislating the journalism work and journalist protection laws.
4. Setting a clear and agreed-upon mechanism to summon and question the executive members and not leaving the issue for the presidency's analysis.
D. Forth Section:
Security Reform
1.Security institutions laws and authorities: Deciding on the laws of the security institutions that determine the active security institutions and clarifying the duties and authorities of each institution to achieve the complementary state, and in a way that minimizes encounters between the specializations of the security institutions.
2.The need for the development of the security institutions to achieve the highest degree of professionalism.
3.Forcing the security institutions to obey questioning by the council of representatives (according to constitutional procedures) and drafting necessary laws to impose severe penalties on those who are proven to be spying for the interest of foreign parties.
4.Investigating all officials and members of the security forces against whom suits are filed for breaching human rights and not providing any protection for any of those for any reason.
5.Stimulating the role of the provincial councils according to the Constitution and the provincial committees' councils in a way that guarantees the implementation of the decisions of these councils that are related to security.
6.Establishing investigation centers to make use of retired citizens.
7. Organizing and strengthening the borders with new equipment and in a way that guarantees control of the borders.
7.Toughness with those who enter the country illegally.
8.Establishing a specialized committee to monitor national disasters and offering fast and effective solutions to the affected areas.
9.Strengthening the role and authority of the national intelligence agencies and developing their cadres as required by Iraqi national security, fighting espionage and following up the security intelligence activities on Iraq's soil as well as drafting effective laws in this regard.
E. Fifth Section:
Judicial Reform
1.The presidencies of the Higher Judicial Council and the Federal Court or Tribunal Court should be unified.
2.Accelerating the process of establishing the judicial power according to the Constitution, stimulating and developing the work of the attorney general.
3.Accelerating the establishment of the Judicial Power Law according to the Constitution as well as stimulating and improving the work of General Appeal Court.
4.Accelerating the approval of the Higher Judicial Council Law.
5.Preventing judges from working outside the Higher Judicial Council's institutions.
6.Revising the Terror Law.
7.Keeping balance among the government institutions.
F. Sixth Section:
i.Achieving national balance in:
1.Ministries' deputies
2.Ambassadors
3.Head of the independent boards and commissions
4.In the federal ministries and military and security institutions, at the levels of director and above or equivalent posts (chief of divisions, ministries, divans, etc.).
ii.Balance Board Law shall be approved within a period of no more than six months after the commencement of the parliamentary committees, and the board shall be established immediately after the approval of the law, per the mutual agreement of the blocs.
iii.The board will respect the constitutional balance and guarantees the rights of all regions and provinces in all the state institutions, including the security and military institutions at all levels.
iv.Stimulating the role of the Ministerial Council and the independent commissions as well as granting adequate authority to the deputy ministers and assistants of the independent boards to achieve power sharing.
v.Fully activating the Constitution and the laws related to employment and accelerating the establishment of the Federal Service Council, which is addressed in the Article 107 of the Constitution and the previous Council of Representatives has approved at the end.
G. Seventh Section:
Reform in the Work of the Executive Power
1.Depending on the principle of skill and professional capability, as well as achieving constitutional equity in the public sector jobs, according to the Public Service Law.
2.Constitutional balancing that has been distorted by the employment processes of the past and guaranteeing provincial representation according to the Constitution (there has been no agreement about this).
3.Guaranteeing the real participation of the allied parties in the government in making political, security and economic decisions.
4.Approving agreed-upon internal procedures for the Ministerial Council that determines procedures and the authority of the council and its members.
5.Organizing the security institutions that are not addressed in the Constitution in the security ministries according to their respective specialization and their necessity for the security situations, which has to be dome in steps.
6.Educational and agricultural initiatives will be associated with specialized ministries and no initiative will be accepted in the future unless by Ministerial Council decision.
7.Stimulating the role of Ministerial Council supervisor on the ministerial roles.
8.Stimulating solutions for administrative and financial corruption phenomena.
9.Abiding by the unity of the government's official statements.
10.Banning joining of legislative and executive posts.
11.Banning the direct interference in the affairs of the ministries by the MPs, advisers and director generals for the interest of any political groups, and dealing with minister as the highest person in the ministry.
12.President of the Ministerial Council and all ministers shall abide by the decrees of the Ministerial Council and the approved laws, while considering that they are representing the state in their ministries rather than representing their political groups or representatives, and whoever breaches this, necessary action will be taken to dismiss him/her from his/her posts.
13.General inspectors in the ministries will not be from the same bloc as the minister.
H. Eighth Section: National Accord
1.In the critical issues such as (war and peace, strategic agreements, constitutional amendments) a 100 percent consensus should be achieved among all allies.
2.In strategic and important issues, voting shall be on 50+1 majority basis.
3.In daily crime issues, voting shall be on 50+1 majority basis.
I.Ninth Section: Inquiry, Justice and National Reconciliation
1.Holding the decisions of the current board except for day-to-day issues.
2.Establishing Inquiry and Justice Board according to the law.
3.Revising the law of Inquiry and Justice by the agreed-upon amendments so that the law is not used on bilateral measures or for political purposes, and the dossier will be treated according to law.
[You must be registered and logged in to see this link.]
