análisis estructural de variablesEsqUEmA
4. Comunicación participativa glocal 1 la importancia de lo glocal
According to the Iraqi interim constitution, issued in March 2004, the Iraqi government is a democratic republic with the federal government which is composed of the Iraqi executive, legislative, and judicial branches, as well as numerous independent commissions (Worldometers, 2016). Also, the Iraqi interim constitution (2004) showed that the Iraqi federal government is composed of separate administrative branches, which can be summarised as follow:
The National Assembly; which is a unicameral legislature with 275 elected members. The Assembly represents the executive branch of the Iraqi federal government and has the right to veto laws passed by the two-thirds majority vote. The Assembly also elected a President of State of Iraq. As the Assembly has a right to remove the Prime Minister with a vote of no confidence;
The Presidency Council; the President of the State and two deputies are appointed by the elected National Assembly;
Council of Ministers; it is composed of the Prime Minister as head of government and his cabinet. The government's head is the Prime Minister and his cabinet exercise most of the government, including control over the armed forces;
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The Supreme Court; it is an independent judicial body which is being appointed by the Federal Government and has nine members and possesses the ability to overturn legislation it finds unconstitutional.
The Iraqi Federal Government also establishes several "National Commissions" to investigate and address recent concerns such as human rights and war crimes. However,
the Iraqi interim constitution addressed Islamic rules (Sharia) in its concerns,
emphasizes that: “Islam is the official religion of the State and is to be considered a
source of legislation…..Any legal provision that conflicts with this Law is null and
void” (Constitution of Iraq, 2004: articles 2). The Iraqi interim constitution lauded the
constitution's guarantees of fundamental rights, the right to citizenship is detailed and prominent within the chapter on fundamental rights and govern who is and isn't a citizen.
Also, it contains further, that right to private property is protected and guaranteed the right to buy/sell the property in any part in Iraq and rejected the former racist policy. For
example, article 15/section 2 [Public Property section] emphasised that: “Public
ownership and properties of the Public Sector are inviolable…..The State and all People are responsible for safeguarding, securing, and protecting it… Any sabotage to it or aggression against it, is considered as sabotage and aggression against the entity of the Society” (Constitution of Iraq, 2004). Also, it is inadmissible to prevent the
citizen from the Private ownership, except in cases laid down by the law. Article 16 section 2/ ownership, private property, stresses that the private ownership and economic individual liberty are social functions, right guaranteed according to the law within the objectives of the State plan. Therefore, it is prohibited to exercise any activity against the objectives of the private ownership, stipulated in the Iraqi constitution.
From the above, it is clear that the Iraqi federal government, like governments in many countries in this region, has realized the important role of the executive, legislative institutions in LAS development by which the LTA and security of its human rights are enabled.
98 4.3 THE IRAQI LAND AUTHORITIES (ILAs)
The governance of tenure is a way of enhancing the peoples’ rights in land and property. In Iraq, the administration of land tenure is managed and monitoring of key groups of institutional structures which are financially and administratively governing the Iraqi land system. In this context, the Iraqi Ministry of Planning (2017) listed the following national and local body boards as the ILAs structure:
Ministry of Justice (MoJ): the Iraqi Ministry of Justice is one of the ILAs structures that formed early in Iraq, (Constitution of Iraq, 1924). In 2003, this national agency has been reformed by the Coalition Provisional Authority (law No. 35 in 2003), and according to the Ministry of Justice Law (No. 18 of the year 2005); the ministry has emerged a new institution holds the judicial activities of the Iraqi Supreme judicial Council and the rest of the activities of the judicial competence and the Iraqi corrections department (MoJ website, 2017). In this context, the Iraqi General Directorate of Land Registry and Cadastre (GDLRC), the Iraqi Real Estate Registration Departments (RERDs), and Land Registry and Cadastre Offices (LRCOs) are carried out and directly supervised by the experienced authority of this ministry (see Section 4.3.1);
Ministry of Housing & Construction (MoH&C): the Iraqi Ministry of Housing & Construction is the Iraqi national housing authority which links with local government units at the provincial level to implement housing programs. According to MoH&C laws (decision 39, 2001); the Iraqi government has tended to develop national housing office to represent the MoH&C in the private housing sector activities and tasks and cooperation with the Iraqi Federal Bank of Housing and Construction (FBoH&C). In general, this national government agency is responsible for the implementation of the national housing plans, and the general budget of the state in relation to public building sector projects;
Ministry of Agriculture (MoA): It has been established to achieve the objectives of the best investment for agricultural land and the stability of agricultural tenure aspects. The Iraqi ministry of Agriculture was established by
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the agrarian reform law, No. 30 of 1958, and the organizational structure of the Ministry law, No. 182 of 1979, which is issued under the Iraqi Law No. 6 of 1979 (MoA website, 2017). In general, the Ministry merged several departments to supervise the application of agricultural legislation for the various activities related to the rural land development in the organization of farm ownership, farmlands transactions and to manage patterns of agricultural possession rights;
Ministry of Municipalities & Public Works(MoM&PW): the Iraqi ministry of
municipalities & public works is the key in making national policy regarding all municipal aspects. This ministry was established by the Iraqi law of municipalities (No. 44 for the year 1935) with duties constituted to the basic designs of city facilities (Ministry website, 2017). As part of the formation of the MoM&PW, the General Directorate of Urban Planning (GDoUP) holds the Ministry tasks and duties at the Iraqi local level of (see law No. 2, 2007; law No.19, 2009). In practice, the group is supervised directly on the performance of urban development plans across the linkages branches of urban planning bodies in provinces levels, such as the Physical Planning Committee (PPC) and Municipalities Offices (MOs);
The Physical Planning Commission (PPC): As a local agency at the province level, the PPC is working for implementation national policies under the control of GDoUP which is arranging its role from the national level (see the Iraqi resolution No. 31 for the year 1948; law No.19, 2009). Thus, the PPC is a local division of the MoM&PW, supervised by GDoUP at the province level working as the urban land use regulatory board via the local MOs. Its duty is to supervise and monitor the implementation of local developments at the provinces/city councils, and coordination with MOs at the neighbourhood’s levels;
Land Registry and Cadastre Offices (LRCOs): As mentioned above, this agency is the local government department of the Iraqi General Directorate of Land Registry and Cadastre (GDLRC). According to the Iraqi law of the real estate registration (No. 59 of 1958, law No. 43 of 1971); the Iraqi LRCOs work in cooperation with the competent authorities to organize and coordinate the land
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registry services according to a regulatory scheme certified by the experienced authorities of the MoJ. Therefore, the LRCOs work under control of MoJ via the GDLRC, and District Directorate of Land Registry and Cadastre (DDLRC) to LTA implementation inside the boundaries of the city’s master plan, and the surrounding areas.
In general, the ILAs structure can be used as a powerful tool to draw conclusions on their implications for LTA aspects in Iraq. The institutional framework of ILAs shows varied levels and functions. There is currently a set of spatial planning, implementing and monitoring agencies playing various roles in the Iraqi land tenure development. At the national ministerial level where National policies are planned, there are four ministries: MoA, MoJ, MoH&C, and MoM&PW, all are representing the ILAs strategies at the Iraqi national sectors; hence the ILAs are conventionally combined from interconnected groups of General Directorates in Baghdad, the capital. At the local agency level, the PPC and LRCOs, are embedded the land authority where LTA is implicated at the Iraqi local levels; the province & city. The interconnection of ILAs structure is graphically illustrated in Figure 4.3.
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Province & City levels
Province & City levels
National levels
National levels
Figure 4.3: Overview of the ILA’s Structure
In the Figure (4.3), the institutional framework within the ILAs’ structure in Iraq is captured graphically. It is seen that the ministries are these main units at national level, of the ILAs’ structure since the local boards are hierarchy lower and under their responsibility. Briefly, ILA’s hierarchy is a fundamental driver and enabler of LAS strategies, offering significant levels of the support financially and administratively in Iraq. Also, there are a number of Iraqi key stakeholders involved in 6 agencies of ILAs, as the principal mechanism to promote effective LAS in ILAs, leading to LTA and security of tenure rights. The figure displayed that ILA’s organisational structure has realistic action hierarchies to implement its plans at both national and local levels. In this connection, the essential feature of the ILA’s structure is the land institutional hierarchies, as these Ministerial and Provincial agencies seek to provide the elements of a secure environment for the operational performance of the system, producing LTA and
ILAs
The National Agencies The Local Agencies Policies are made Policies are implementedMoA MoH&C MoM& PW MoJ PPC LRCOs
LTA LAS
GDoUP GDLRCLTA
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end-user’s rights. The next section provides a closer look at the Iraqi land registry and Cadastre system showing its responsibilities and the organizational structure.