The Political System
The concept of the political system is approached by two trends: traditional and contemporary. The former
correlates the political system of the state with the system of government, as defined by the constitution, whether it is
customary or written. The other trend considers the political system part of the general social system which is not confined to
(official) constitutional structures but includes the unofficial political structures and their interactions. Each of the two trends
has its pros and cons, proponents as well as opponents. At any rate, a comprehensive examination of any political system
cannot overlook the constitutional framework of the political system as it is dynamic in nature and an indicator to its
efficiency. The constitutional framework and the political system complements each other.
Challenges Facing
July 17-30 Revolution
The challenges which July 17-30 countered varied from time to time because the Revolution had inherited a
backward internal situation and had furthermore encountered foreign hostile attitudes. Yet these challenges can be classified
on two planes: internal and external.
Internal Challenges
These challenges can also be displayed on the following
sub-planes: economic, social, military and leadership. Economically, Iraq is considered a country unique in its
resources: it is the only country in the East that can be self- sufficient. It has oil and
other non-fuel minerals, waters and population. But due to backwardness and economic as well as
political dependence those resources were not utilized during the monarchy and inadequately utilized for the following decade
(1958-1968). Iraq hence remained a poor country internally and exercised a feeble influence externally.
Socially, Iraq's internal structure has been characterized by variety and plurality that had up to 1968 a significant influence on intensifying the suffering of the Iraqis because of the lack of homogeneity and collaboration among most social strata and their negative effects on its national unity. Such shortcomings assisted the hostile foreign forces to feed the internal instability and used it to serve their targets. The negative aspects of Iraq's social structure had further belittled the external role it played.
Militarily, all successive political systems in Iraq up to 1958 could not raise the army's capability due to two vital variables.
Firstly, the meagre financial potential which could not permit vast military expenditure.
Secondly, Iraq's dependence on the West during the monarchy rendered the process of promoting the military capability captive to the Western will and interests. Admittedly, the military capability after 1958 developed somehow, but this development could not help Iraq play an active military role, and consequently restricted its readiness to encounter any foreign military threat to its national security or to pan- Arab security.
Finally, Iraq suffered the absence of a political leadership that could create opportunities for the state to bring about civilisational advancement. Up to 1968, The leadership in Iraq was under the influence of either subordinateness to the West or the lack of a comprehensive strategic vision. History tells us that any state cannot achieve progress and prosperity without a historic leadership that would exert efforts in this direction.
External Challenges
The strategic and economic significance of the third world
countries has triggered the cupidity of the imperialists who set red lines untraversable by these countries to root out
backwardness, dependence and exposure to foreigners, to bridge the internal gaps which are often exploited by old and neo-
imperialism. The principles, objectives and practices of July 17- 30, 1968 Revolution have designated it one of the greatest
revolutions in the third world and have thus been a target to American and western plots. "By God" affirms President
Saddam Hussein, "since we assumed power and up to this moment, conspiracies are continually hatched against us.
Indeed, the more we put ourselves in the service of our nation and our country, the more ferocious and serious the conspiracies
become."
Initially, U.S.A. thought that July 17-30 Revolution was not different from the permissible political changes or coups d'etet in the third world. This conception was confirmed by the fact the Party was small, problems were big and the Revolution leaders were young, inexperienced, most of them unknown. That view was soon changed, specifically in 1972 when Iraqi oil was nationalized, a measure analogous to Suez Canal nationalization. When such countries go beyond permissible limits, some western governments justifies toppling their political systems to be replaced by ones in line with their policies.
Those western governments had pursued the policy of the carrot and the stick with Iraq by means of rapprochment or destabilization through internal and external problems. But when both means failed, U.S.A which deems Iraq a formidable opponent to its strategies in the Arab homeland adopted a violent approach through war by proxy. Iraq-Iran war erupted, lasted for eight years and was fed by regional and international forces. However, Iraq's victory in that war and its emergence as an influential, political and military power led U.S.A to plan another war, playing this time a direct role backed by 30 states in order to incapacitate Iraq and ensure American regional and international interests.
Consolidating Political Independence
The experience of many recently independent states in the third world indicates that political independence is
worthless unless it is based on essential elements which can ensure the free will to take internal and external decisions. Iraq's
political independence up to 1968 does not mean Iraq had exercised practically a genuine independence. But the 1968
Revolution which endeavoured to reconstruct the country, set it • on solid grounds that have enabled it to ensure full freedom.
Such strategic vision is often associated with the leadership of Saddam Hussein and his active role in the making of new Iraq, a
fact acknowledged by even those who differ with Iraqis, when they refer to "Saddam Hussein's leadership as extraordinary."
It is the unique merits interacted with practices made the west realize that it deals with a leader different from other leaders in the third world, a leader initiating with awareness and persistence a great project of civilization to be complemented by national independence and progress. He has succeeded to construct the social, economic and military foundations.
Socially, President Saddam Hussein adopted unconventional measures to strengthen the internal structure through heterogeneity, social integrity and political stability. These measures rendered the Iraqi society more solid and coherent. Yet the hostile regional and international forces had wagered on the internal social structure during Iraq-Iran war, the Mother of all Battles, or the economic embargo, which disappointed the enemies because of the Iraqis' loyalty to their country and rallying behind President Saddam Hussein. The social structure in Iraq was and still is a source of strength to us, and not a weapon against the revolution"
Economically, since the 70s the course took an opposite direction to that prior tol968. The Revolution realized that political independence remains nominal unless supported by real, comprehensive development. For this reason, the economic policy started to seek diversification: in addition to nationalization of oil and varying world economic relation, industrial, agricultural and human development has been enhanced. Thus the economic-industrial-scientific base was gradually consolidated, assisted by Iraq's growing financial capability as a consequence to nationalization and careful employment of this capability.
A strong economic potential is one of the most vital foundations of the political independence for any state: it shapes its policy. In Iraq it has not only financed the projects for development and built up its military strength but it has also made it a foreign-aid-granting state, whether to those in the Arab homeland or outside, particularly in the third world. The amount of aids Iraq granted in 1979 reached 4% of its total national income.
The apprehension of acceleration of development in Iraq and its endeavours to root out backwardness explains why hostile foreign policies tried to hinder this development and to ultimately thwart it. Both the Iranian and American wars against Iraq were meant to be an economic attrition so as to abolish one of the most prominent foundations of political independence. Yet, the economic-industrial-scientific base and natural resources besides the will of the leadership have made Iraq capable of bringing about an economic miracle that would add to the Japanese experiment another unique one.
Militarily, the Iraqi army has an honourable history on the national and pan-Arab planes. Besides all revolutions in Iraq are attributed to it. The army has never hesitated to take part in all anti-Zionist wars. But this does not mean that the Iraqi army prior to 1968 did not suffer the impacts of the internal and external realities. Since that year, the military potential so steadily and incessantly grew that it soon emerged as an active military power in the region, able to carry out Iraqi and Arab aspirations. Indeed, the Iraqi army in 1980 is considered the third great Arab military force with respect to number and military expenditure. This is but a natural corollary of President Saddam Huisein's utmost care of the Iraqi Army.
On the premise that the army is a symbol of strength,
national dignity, sovereignty and independence and is a means
and a weapon to safeguard them, the Iraqi Army was reconstructed along various techniques, such as:
1. Enhancing the leadership of the party to ensure playing its patriotic role;
2. Building up the Army in accordance with the principles of July 17-30 ,1968 Revolution and its objectives;
3. Diversifying the sources of armament from the East and the West to ensure the freedom of national will, since past experiences have confirmed that arms exporting countries do not hesitate to use the need for arms to serve their objectives;
4. Starting military industrialization to be a revenue to military capability and support for comprehensive development of industry in Iraq.
The strong interrelationship between military potentials of the state and its capability to ensure political independence via deterrence of direct employment of these potentials whenever necessary. The way the Army was constructed is one of the factors which enabled it to participate in the defence of the national, pan-Arab security. "We do not want the Iraqi Army to defend the frontiers of Iraq only," says President Saddam Hussen," but we want the Army to be a bastion of the Nation and its blazing sword in the face of the enemy."
Iraq's steadfastness in the longest war in the 20 th century, i.e., Iraq-Iran war, caused U.S.A, the greatest military power in this century, to avert from direct confrontation with the Iraq's forces which have set the best example for small countries to exercise freedom and protect sovereignty
Consolidating National Unity
Very seldom, a contemporary state is made of one nationality, most states have a minority or minorities
beside the national majority. History demonstrates that the nature of mutual relationship between the components of the
nationality structure of the state, whether with respect to homogeneity or heterogeneity exercises certain impacts on the
state behaviour. Contrary to heterogeneity and social discord, national homogeneity leads to political stability of the state and
to achieving its targets. Iraq is not different from the multiple- nationality states, where nationalities have since ancient times,
peacefully co-existed due to permanent common factors, material and immaterial, such as religion and common interests.
The above situation has counteracted the interests of the hostile, regional and international forces which, up to 1968, had sought destabilization and perpetual attrition to weaken and subject Iraq. The Revolution had inherited, among others, the so-called Kurdish question, which the leadership succeeded to solve peacefully and democratically out of the strong belief in the national rights for the Kurds and for those of other minorities within the framework of legal, political, social and economic unity of the Iraqi state.
The priority given to the Kurdish question was crystallized in legislating and issuing 11th march 1970 Proclamation for Kurdistan autonomy which was put into effect on 11 March 1974. It bestows two rights upon the Kurds: one as Iraqis and another right for autonomy. Prior to Autonomy Law no.23 of 1974 an amendment to the constitution was made by adding para: C which stipulates that "the region where the Kurds constitute the majority of the population shall enjoy autonomy"
The Autonomy Law contains 21 articles, distributed among three sections which deal with the bases of autonomy, its bodies, and the relationship between the central authority and the autonomous administration respectively. Under this law, the autonomous region is an inseparable part of the Iraqi territory, its people are part of the Iraqi people and shall have an administrative unit and an autonomous financial unit within the state financial unit and shall have its own budget within the state budget. The Autonomy bodies are part of those in the Republic of Iraq. The Kurdish Language is deemed an official language beside Arabic. The law also recognizes setting an elected, Legislative council.
The solution of the kurdish question via Autonomy which was an embodiment of the belief by the Revolution in the rights of all the people in the country has aroused anxiety and apprehension of the hostile forces in the region and in the other parts of the world because of the solution multi-dimensionality, particularly in putting an end to the foreign employment of this question to busy Iraq and distract it from achieving its national and Arab objectives. Yet these hostile forces continued exploiting the Kurdish forces to serve their own interests including the suspension of the constructive dialogue between the central government and the Kurdish leaderships, the last dialogue being in 1991. Mukkram Al-Talabani admits that U.S.A. and some neighbouring countries pressurized the Kurdish side\to abort the dialogue.
The principled and humanitarian attitude towards the Kurd citizens had been previously adopted to the Turkmans and other minorities and had culminated in the Revolution Command Council resolution of 1970 which recognized the cultural rights for all minorities in Iraq. That resolution was put in to force in 1973. The unique approach taken by the Revolution to handle the non-Arab nationalities within its borders endorses the influence of the Arab heritage and the human nature of the Revolution and its firm belief in democracy and national unity, in addition to its self confidence in the right policy it pursues.
Constitutional Institutions
The constitutional institutions refer to the stable, official structures which the State constitution entrusts to carry out certain specialized tasks to serve achieving the ultimate task of the state, besides it legitimatizes these institutions which are deemed a criterion to distinguish between stable and unstable communities.
As 17 th July Revolution is in essence and objectives, a liberating, uniting, democratic and socialist revolution, "it has been keen to transform Iraq into a state of dynamic, stable and democratic institutions. Throughout its course for progress and prosperity in Iraq, many significant, constitutional documents have been issued, the most important of which is the constitution. Hence it has to be discussed prior to considering other institutions such as the Revolution Command Council and the National Assembly.
The Constitution
Since 1968, two constitutions were promulgated in Iraq: the first on 21st September 1968, the second on 16th July
1970, which replaced the former. One of the reasons for such a replacement is that the former constitution could not, albeit
many amendments, cope with the high level of political, economic, social and cultural achievement which occurred in the
period following its promulgation.
The 1970 Constitution comprises 70 articles in five parts.
Part One deals with the identity of the Republic of Iraq; Part Two: the social and economic bases; Part Three: the basic rights
and duties; Part Four: the structure of the constitutional institutions including institutional jurisdiction and the public
prosecution; and finally Part Five containing general provisions.
Since its promulgation, the 1970 Constitution had been subject to several amendments, the most significant of which are
the following.
1. The constitution designates the nature of the political system in Iraq. Article (1) stipulates that "Iraq is a sovereign people's democratic republic whose main objective is to achieve the United Arab State and establish the social system."
2. It confirms full faith in the people: Article 2 stipulates that "the people is the source of authority and its legality."
3. It links Islam to Arabism as an indivisible whole. Article 5 stresses that Islam is the religion of the state." But it also ascertains that "Iraq is part of the Arab Nation, and (in Article 7) Arabic is the official language beside the Kurdish language in the autonomous region.
4. It recognizes that Iraq is formed of two principal nationalities: the Arab nationality and the Kurdish nationality, and it ensures the national rights of the Kurdish people in addition to the legitimate rights of all minorities (Article 5).
5. It asserts the principle of absolute equality among all citizens without any discrimination because of sex, race, language, social origin or religion, and simultaneously ensures equal opportunities for all citizens within the limits of the law (Paras one and two. Article 9).
6. It states that the Revolution Command Council is the supreme authority in Iraq, exercising it to protect the Revolution and to carry out its objectives (Article 37).
7. It recognizes the Iraqi individual's political, economic and social rights under the constitution and the limits of the law (Article 26). It also guarantees the right for political asylum for those who suffer oppression in their countries as a result of defending their humanitarian, liberational principles with which the people of Iraq are committed as stipulated in the Constitution. Furthermore, it bans handing people granted political asylum (Article 26:paras One and Two).
8. It affirms that "jurisdiction is independent; no authority but that by the law can exercise any power on it. The Constitution ensures the right at litigation for all citizens.
Revolution Command Council
Under Article 37, Para A of the Constitution, the Revolution Command Council is "the supreme body in
the state which has undertaken since the 17 th July 1968 the responsibility of carrying out the people's public will by
stripping off the power from the reactionary, dictatorial, corrupt system and restoring it to the People." Because of its special
constitutional position, the Revolution Command Council (henceforth RCC) practices a wide-range of legislative powers,
stipulated in the Constitution. Under Article 42, Para 2 of the Constitution, the RCC "shall enact laws and shall issue
resolutions that shall have the power of the law." And under 1982 Amendment, the RCC is made up of nine members, eight
of whom are members in the Regional Leadership of the Arab Ba'th Socialist Party; the ninth is the Vice-President. The names
of the council's are designated in the Constitution.
Due to the relationship between the membership in the Regional leadership and that in RCC, and because the membership in the Regional leadership is based on election, precedents have confirmed that the loss of party membership (in the Regional leadership) causes the loss of RCC membership.
The RCC Chairman is elected from among its members by
a two-third majority and exercises the powers specified by the Constitution. Likewise, the RCC Vice-Chairman is elected from
among its members by the same majority and takes the place of the RCC Chairman as a rule in case of the former's absence or
when his constitutional jurisdiction becomes difficult or impossible for any legal reason.
Article 40 of the Constitution grants full immunity to the Chairman, Vice-Chairman and the RCC members, and thus any
measure may not be taken against anyone of them except by prior permission from the Council. Article 41 farther stipulates
that the RCC "shall convene at the invitation of its Chairman or Vice-Chairman and that" its sessions shall be convened
under the presidence of the Chairman or the Vice-Chairman and the presence of the majority of its members."
It is worth mentioning that the relationship among members of the Regional Leadership and those of the RCC implements the principle of collective leadership laid by the Arab Ba'th Socialist Party and that collective work is cherished by President Saddam Hussein. In this respect, Fuad Mutran says: "In his discussion with his comrades. President Saddam Hussein listens to all viewpoints before putting forward his own .
" Similarly, Mr: Taha Yassin Ramadhan avers that" President Saddam Hussein reacts more positively to opponent views than to proponent ones," because he does not believe in full agreement of opinions as a healthy phenomenon invariably, or as his excellency puts "one should not imagine that he should be always pleased by full agreement with his own viewpoints."
The National Assembly
The Arab Ba'th Socialist Party strongly believes in democracy. This belief is crystalized by the Revolution endeavours, a short time after assuming power, to establish a political institution in Iraq , to be elected by the people ,for Iraq has not possessed such an institution since 1958 . Thus emerged the 1970 Constitution, followed by the National Assembly Law no.228 on the 27th December 1970 .Yet that law was not put into effect then, as the Revolution Leadership desired that the Assembly should be established on genuine, innovative bases, and not on traditional or artificial ones.
In fulfilling a promise made by President Saddam Hussein in February 1979 for discussing a new legislation for the National Assembly, the former law was abolished and a new law was promulgated on the 15th March 1980. As defined in the law preamble, "The National Assembly shall ensure the participation in the legislation process beside the Revolution Command Council, shall exercise monitoring the state institutions, and shall be a step in the democratic construction." The law was subject to several amendments which sought to prepare for a healthy environment to make the National Assembly experiment a success.
Under this Law and its amendments, the number of the National Assembly shall be no less than 250 members, representing various political, economic and social sectors. The National Assembly shall also be elected directly by ballot (Article 1). The Assembly is of four-year term; it convenes two Spring and Autumn sessions each year. The President of the Republic is entitled to call the Assembly for an extraordinary meeting when necessary. The meetings are either held publicly in normal circumstances, or in camera. The first National Assembly was elected in 1980, prior to the Iran-Iraq war, and since that time, there have been four general elections.
Under Articles 52-54 of the Constitution and Part Three of the National Assembly Law of 1980, the Assembly "shall undertake two important tasks: first the legislative tasks of proposing draft laws submitted by the Revolution Command Council or by the President of the Republic in addition to considering draft laws proposed by 25 of its members on matters excluding military and security affairs; secondly the political tasks of monitoring the state institutions, inviting the ministers to explain, clarify or reply to certain issues or approving the general budget, development plans, treaties and international conventions.
In Conclusion
Despite the inherited heavy burden and serious challenges,the July 17-30,1968 Revolution has been able to pursue the course for progress and prosperity, and to build a state with an internal and national radiance. This achievement is mainly attributed to the role played by President Saddam Hussein as an intellectual, a strategic architect and as a great statesman, just like those very few renowned leaders. He has successfully correlated principles to realities in a creative balance; and built a new Iraq to be a bastion of splendor and culture for the Arabs and humanity as a whole. President Saddam Hussein's role is an evidence that a historic hero can play a very creative role in building a country with great internal dynamism. Finally the historic, strategic leadership of President Saddam Hussein has made Iraq occupy a sublime position among the world nations for the first time in its recent history.