Consociationalism in Iraq After 2003

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Consociationalism in Iraq After 2003 Consociationalism in Iraq after 2003 Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of Politics and International Relations School of Politics, Economics and International Relations Ibrahim Aziz September 2017 Abstract This thesis explores whether Iraq was a consociational democracy both formally as well as in practice from 2003 to 2014. Consociational theories suggest that democracies that encompass the consociational principles of proportional representation, autonomy, power sharing government, and the protection of key community interests by mutual veto provisions are more stable. Consequently, consociational principles have frequently been promoted in conflict-affected environments, including in Iraq. The thesis examines how and to what extent each of these elements is reflected in the constitution, and in government practice in Iraq. The analysis is divided chronologically into three parts: the US-led occupation and drafting of the constitution (2003 – 2005), the first election and the continued US military presence (2005-2010), and the period after the second election and the withdrawal of coalition forces (2010-2014). The thesis examines the consociational character of Iraq’s institutions and the degree of its implementation in the period in question through the analysis of key legal texts, and process tracing informed by primary documentary and news sources, as well as extensive elite interviews. On the basis of this empirical investigation, it finds four things. First, consociationalism is only partially reflected in the formal, constitutional provisions for Iraq’s governing institutions. Important practices, such as power sharing, have no constitutional basis in Iraq, and are at best implicit. Despite this, they are at times a prominent aspect of governance practice in Iraq, but at other times (e.g. during the second Maliki government for 2010 and 2014) are undermined in practice. Second, there is strong path dependence in the interpretation and implementation of consociational provisions in Iraq. Thus, the way in which consociational provisions were formalised in the constitution and later implemented cannot be understood without reference to the consociational practices of the occupation regime, for example. Third, the degree to which consociationalism has been implemented depended on the political willingness of the political leadership of the country’s major communities, and the political leverage of the US. When US forces withdrew, and commitment in particular of the Shiite political leadership around Prime Minister Maliki to power sharing and other consociational elements declined, the consociational character of the institutions was increasingly compromised. Fourth, the partial application of, and weak commitment to, consociationalism in Iraq meant that the institutional provisions implemented could not effectively work as a conflict resolution tool. While partially reflected in the constitution and in some legislation, it could only ever be partially implemented. Thus, it did not lead to peace, stability, and sustainability. The gap between communities widened, resulting in the Sunnis’ emphasis on the creation of their own region, while the Kurds decided to hold an independence referendum in September 2017. i Dedication This thesis is dedicated to my late father (Haji Mohammad Aziz Glejaly), who suffered severely under Saddam’s regime. My father’s house and business were destroyed in Saddam’s military campaigns against the Kurds. He was a man of great optimism despite all these odds. He was convinced that sooner or later, the Kurds would be freed, and he dreamt of an independent Kurdistan. I know that if he were alive, he would be proud of me, because he had high aspirations for my future. He always encouraged me to work hard, which enabled me to become the person I am today. ii Declaration of Original Authorship I confirm that this is my own work and the use of all material from other sources has been properly and fully acknowledged. Ibrahim Aziz September 2017 iii Acknowledgements I thank Allah for this achievement and all Praise is for Allah by whose favour good works are accomplished. The achievement of this particular research project would not have been possible without the help and support of my supervisors. In particular, I would like to thank Dominik Zaum for his support and guidance during this study. It really made this research fulfilling, and I shall never forget what he has done to improve my work. During the first two years of my candidature, Alan Renwick boosted my confidence, and helped me realise my own capabilities, and how my research could be shaped. I thank him very sincerely, and appreciate all his efforts. Sarah Von Billerbeck as a second supervisor has advised me and suggested some crucial points in my research. I thank her deeply for her high-level contribution. I thank all of the interviewees who took part in this research. They gave up their time to be a part of this study, and without them it would be impossible to achieve this kind of investigation. Thank you to my dear friends Ahmad Haji Rasheed, Zana Saeed Rostaee, and Salim Shushkay from the KIG bloc in the Council of Representatives in Baghdad for their help and hospitality in Green Zone during data collection. I wish to thank Helen Apted and Nicky Stepney in the Graduate School. Both have been very supportive and helpful during my four years in Old Whiteknights House. Also thanks a lot to Caitlin, Nasir, and Claire for their help and efforts that contributed to achieving this thesis. My family really is my life. They gave me the encouragement and motivation to fulfil what I wanted and what I planned. The love of Kazal, my wonderful wife, made this day possible. I thank her deeply for her understanding and her efforts for making a good environment to continue my investigation right from the start. Sedra, Sana, and Sazeen, I hope you will accept my apologies for all the times that I could not be with you at the time you wanted because of my PhD work. You are really part of my life, and you are my soul that encouraged me to make my dream come true. Thank you to Mam who when I was a little boy took my hand to help me do my homework, learning the letters and words. I could not find a real word to describe your efforts, but I am sure you will be very proud when you see that I have achieved what I dreamed. Finally, thanks to all who contributed to this achievement with comments, suggestions or any other kind of encouragement. iv List of Abbreviations AV: Alternative Vote CDC: Constitutional Drafting Commission CoM: Council of Ministers CoR: Council of Representatives CPA: Coalition Provisional Authority FC: Federation Council GNPG: Genuine National Partnership Government IAF: Iraqi Accord Front IGC: Iraqi Governing Council IHEC: Independent High Electoral Commission IIG: Iraqi Interim Government INA: Iraqi National Alliance INC: Interim National Council IS: Islamic State ISCI: Islamic Supreme Council of Iraq KIG: Kurdistan Islamic Group KIU: Kurdistan Islamic Union KRG: Kurdistan Regional Government MP: Member of Parliament NA: National Alliance NUG: National Unity Government PDK: Kurdistan Democratic Party PR: Proportional Representation PUK: Patriotic Union of Kurdistan SC: Security Council SCIRI: Supreme Council for the Islamic Revolution in Iraq SoL: State of Law v STV: Single Transferable Vote TAL: Transitional Administrative Law TG: Transitional Government TNA: Transitional National Assembly UIA: United Iraqi Alliance vi Table of Contents Abstract ....................................................................................................................................... i Dedication .................................................................................................................................. ii Declaration of Original Authorship ........................................................................................... iii Acknowledgements ................................................................................................................... iv List of Abbreviations .................................................................................................................. v Table of Contents ..................................................................................................................... vii List of Tables .............................................................................................................................. x 1 Chapter 1 Introduction ...................................................................................................... 1 1.1 Introduction................................................................................................................. 1 1.2 Research question ....................................................................................................... 4 1.3 Structure of the Dissertation ....................................................................................... 7 2 Chapter 2 Literature Review .............................................................................................. 9 2.1 Introduction................................................................................................................. 9 2.2 Consociational democracy as a tool for conflict resolution ........................................ 9 2.3 Consociationalism in Iraq .........................................................................................
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