Posted by Reidar Visser on Wednesday, 22 January 2014 1:44
The Iraqi cabinet made big headlines today with a shock decision to form three brand new provinces. Supposedly, there will be new governorates in Tuz Khormato (a Turkmen-dominated area currently in Salahaddin province), the Nineveh plains (a Christian-dominated part of Nineveh province) and Falluja (centre of the current Sunni-led uprising in Anbar province). With a recent decision to create Halabja as a separate governorate in Kurdistan, some observers declared that Iraq all of a sudden has 22 provinces, after decades of relative administrative stability in 18 governorates since the early 1970s.
It is not like the inhabitants of Falluja, Tuz and the Nineveh plains will feel any major changes related to administrative status when they wake up tomorrow. Some of the uncertainty regarding the new move of the Iraqi government can be glimpsed from the language of the cabinet decision itself: The agreement on the formation of these new decisions was made “in principle”, to be completed after the necessary formalities “had been completed”. Those formalities were not detailed: A special committee including members of the ministries of justice and municipalities will look into the “standards and procedures” necessary to complete the transformation.
This ambiguous choice of language in turn reflects wider legal uncertainties regarding any decision to form new provinces. In theory, despite the absence of any constitutional reference to administrative boundary changes, after 2003 such administrative changes were governed by a Baathist-era law, law no. 159 from 1969, which vested the power to change administrative boundaries in cabinet. However, the anachronistic nature of that procedure is attested to by a requirement that “the revolutionary council” approved the measure – an institution that Iraq now thankfully lacks. In any case, in 2008 a new provincial powers law specifically replaced the old provinces law (and repealed it), but it failed to make provision for new administrative boundary changes, meaning there is currently no detailed Iraqi legislation dealing with the subject of the creation of new provinces. That’s the ironic reality of the new Iraq: Whereas elaborate measures exist for the creation of new federal regions, no special provisions for the creation of new governorates exist.
Of course, the absence of a law does not necessarily mean decisions on these matters are off limits to the current Iraqi government. However, in a democracy there will be an expectation that such momentous decisions regarding the administrative structure of a country are governed by laws. Indeed, the recent Iraqi cabinet decision to transform Halabja in Kurdistan to a governorate was accompanied by comments to the effect that a law was expected to be sent to parliament for approval, the lack of relevant formal mechanisms notwithstanding. But whereas the submission to cabinet of a separate Halabja governorate project reflected longstanding internal Kurdish debate on the issue (and eventually a modicum of consensus), no such consensus is known to prevail regarding these three latest would-be provinces.
In sum, such is the uncertainty connected to today’s decision that it is tempting to view it as mainly empty rhetoric calculated to create happiness in particular political circles prior to Iraq’s 30 April parliamentary elections. The question then is what those interested political circles would be. In the case of Tuz and the Nineveh plains (Tall Kayf) one obvious answer would be minority groups in those areas that have long advocated autonomy – Turkmens and Christians respectively. Some view these projects as antidotes to Kurdish expansionism and potential annexation (either through article 140 on disputed territories or the Talabani project to change administrative boundaries back to pre-Baath conditions). It has therefore been suggested that the cabinet move today was an anti-Kurdish project, with Falluja thrown in as a new governorate simply in a rather strained attempt at mollifying Sunni Arab opinion. It would certainly look rather asymmetrical with a small Falluja governorate carved out from the vast Anbar – a hark back to the special administrative provinces seen in particularly ungovernable parts of the Ottoman Empire!
Since the early 1970s, Iraq has experienced relative stability in its administrative map with minor changes to the administrative boundaries of the 18 provinces. If actually granted governorate status, these new entities could soon apply for status as federal regions – something which the proponents of the Nineveh plains unit have long hinted at. It would open the path for similar demands from oil-rich districts in the south who have long felt marginalized within the governorates of which they currently form,including Zubayr and Qurna in Basra. If Falluja can be a governorate, why shouldn’t they claim the same status, with similar population numbers and vast energy resources?
Of course, the Maliki government is not known to be in favour of this kind of large-scale territorial fragmentation. Nonetheless, we now have yet another fictional act of state affecting centre-periphery relations in the new Iraq: The three projected new governorates come on top of a theoretical right for forming federal regions that is always rejected in practice, and a revised and very permissive law on provincial powers that few think can work in practice.
For the time being, the Maliki government may feel safe that it can play with words in centre–periphery relations without having to face the consequences. In the long run, however, the increasing gap between rhetoric and practice – and between public expectations and the state’s capacity to deliver – may form a contributing factor to a more radical political climate in Iraq.
*Postscript: The changes above are contained in conclusion number 2 from the Iraqi cabinet meeting on 21 January. However, hidden away further down in conclusion number 4 is also mention of a law project to transform the largely Turkmen Tall Afar area of Nineveh to a governorate, and to send this law to parliament for approval. That does seem to indicate plans for altogether four new provinces. Tall Afar has apparently reached a more mature stage of progress towards governorate status. It is also clear that the Iraqi government believes it can send laws for changes of borders of individual governorates to parliament, quite without there being a more elaborate legal framework for such administrative changes in place. The cabinet can also probably rest assured that parliament is unlikely to approve these measures.