Issue and Analysis (Executive Positions in Iraq)

  • The current Prime Minister of Iraq, Mohammed Shia Al-Sudani, submitted a lawsuit to the Federal Supreme Court on September 14, 2023, seeking to issue a judicial order to suspend Article 71 of the Federal General Budget Law (2023-2025) and declare it unconstitutional.
  • Article 71 of the budget law obliges the government to end the acting positions of all state institutions by November 30, 2023. The Cabinet is also required to send the names of those appointed to head independent authorities, high-ranking positions (A, B), ministry deputies, and advisers to the Council of Representatives at least 30 days before the aforementioned date.
  • The current government formed a committee to evaluate the performance of general directors in ministries and non-ministerial entities, and it enlisted the support of a team of academics. This committee created a database of general directors in state institutions and evaluation forms based on three criteria. The committee assessed 447 general directors in two phases, resulting in 57 general directors being labeled as underperforming, leading the Cabinet to dismiss 47 and reshuffle 10. The second phase identified 76 general directors as underperforming, with actions including 3 being moved to lower positions, 12 having their assignments terminated, 3 being reshuffled, 1 being transferred, and 57 being reevaluated after six months.
  • High-ranking positions (A, B) in Iraq serve as the executive leaders in state institutions with authority spanning the executive, legislative, and judicial branches of government, state departments, and the public sector. They play a significant role in delivering public services.
  • Since 2003, the appointment of individuals to high-ranking positions in Iraq has been linked to the ruling political parties. The issue of high-ranking positions has been a point of contention during the formation of successive governments and a component of the political agreements necessary for government formation.
  • Holders of high-ranking positions possess extensive powers under existing legislation, enabling them to make decisions and exercise significant discretionary authority in managing the institutions they are assigned to. They also enjoy special privileges concerning salary, housing, protection, vehicles, and other benefits not available to their peers.
  • Most successive governments have pledged to end political and sectarian quotas for high-ranking positions or temporary appointments but have failed to resolve this issue. Selecting individuals with integrity and competence for high-ranking positions is a crucial step in combating corruption, bureaucracy, and enhancing the state’s administrative apparatus.

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