In the twenty-sixth of the last April , Iraqi Council of Representatives approved a number of ministers in the new reshuffle of the cabinet made by Iraqi Prime Minister Haider al-Abadi and it was voted on six ministers, including Alaa Ghani Mubarak for the Ministry of Health. In conformity with this trend, Iraqi Prime Minister issued on the nineteenth of the last May Diwani order , number (163 – M.r.o – 6472- 59 ) entrusted Dr. Alaa Ghani Mubarak to conduct the work of the ministry, and the dismissal of Dr. Adela Hussein Hammoud Al-aluboodi from the post of Minister of Health, thus, according to this order , it is required from the dismissed minister to stop working from the date of the vote, and do not sign any orders or books or notes, and the Iraqi Prime Minister directed that all signatory actions by Madame dismissed minister after the date of the House vote on her dismissal are illegal and the destination in charge of its execution bears the legal liability. It should be noted here that the Rawabet Center for Research and Strategic Studies at the end of the article published a picture of the letter of the dismissal of the health minister and the entrust of the new minister with his tasks. And published an image of a book of the dismissal of Qasim Muhammad Abdul Fahdawi Minister of Electricity and commissioning Ala Disher Zamil instead.
And because the booty is the aim from the post of the minister o in Iraq , the minister has refused to obey the Diwani order issued by the prime minister’s office and considered it illegal because the minister and the protestors of the House of Representatives pushed to the illegality of that meeting which was attended by 176 deputy, and offered the matter to the Federal Court to adjudicate on it. On the other hand the new minister has not yet received the legal legitimacy because he did not perform the legal oath in front the Iraqi Council of Representatives, to begin his duties on the Ministry of Health, and in this case the Ministry of Health in Iraq is administered by the two illegal ministers . This legal reality Surprisingly will increase the chaos in circles and the Ministry of Health, even up to an ineffective stage in the administrative work, and more than this infertility does not allow to the dismissed Minister to attend Cabinet meetings, as is also true of the new minister. This is not April Fool’s, unfortunately, but this is the reality of Iraq. The question in this context, how to get out of this legal impasse?
There are several levels to get out of this impasse First, the three presidencies to coordinate among themselves (the presidency of republic , the primacy , the presidency of the House of Representatives) and calls for the new ministers for the performance the legal oath with their presence, and then issued a presidential decree to practice the new ministers their jobs, while the second level to get out of the crisis lies in the request of the State Consultative Council to decide on this legal impasse, while the third level of the solution is linked to ask the Medhat Mahmoud, head of the Supreme Judicial Council in Iraq, to speed up of deciding on this legal flaw. Because the current situation in Iraq is not a luxury to “sport” in this legal crisis, Iraq is going through the very difficult conditions, from the security aspect , Iraq is involved in a fierce war with al Daash, the terrorist as well as the terrorist attacks that hit the Iraqi capital Baghdad, from time to time, and economically Iraq is suffering , as a result of the decline in oil prices, from a state of unprecedented financial and economic and service collapse .
Politically, Iraq since the request of the Iraqi Prime Minister Haider al-Abadi from the Iraqi Council of Representatives last February, the formation of a government of technocrats and going through a severe political crisis reached a state of conflict which could be up to the level of strife between the political process partners and I mean the Iraqi National Alliance, a Shiite component , However, it is difficult to predict the outcomes of the crisis because of the association with local and regional and international, and social actors , and from the social aspect, Iraqi society live sharp vertical and horizontal split that threatens to erupt. for vertical level, the sectarian quotas carved in the sails of the Iraqi society even brought it to the civil war between 2006 2008, and still sectarian is acting on the social fabric, and the horizontal division increased the phenomenon of “fat cats” in Iraqi society against the spread of poverty and unemployment for the people who floats on a sea of oil !! Iraq today is a country of socially marginalized groups. there is no doubt this Iraqi reality and this legal impasse will be reflected on the Iraqi street, which would worsen the situation in Iraq and threatens with the hot Iraqi summer. Unless the political class in Iraq to realize its mistakes .
Rawabet Center for Research and Strategic Studies