ERBIL, Kurdistan Region - Tensions between Iraq’s Speaker of Parliament Mohammed al-Halbousi and First Deputy Hakim al-Zamli have continued to garner attention, with the two publicly disagreeing over the constitutionality of the term “parliamentary presidium”, and a notable member of the tripartite alliance commenting that the conflict “threatens” the alliance.
The Iraqi parliament held its first session on January 9, almost three months after October’s early election. During the meeting, Halbousi, who heads the Sunni Taqadum Alliance, was re-elected for a second term as speaker of Iraq’s parliament, with the Sadrist Movement’s Zamli and the Kurdistan Democratic Party’s (KDP) Shakhawan Abdullah elected as first deputy and second deputy respectively.
Political pundits believe that Zamli has been overstepping his authority in recent months by trying to play the role of the speaker, using the term “parliamentary presidium,” referring to the body consisting of the speaker and both deputies, to create greater legitimacy for his position.
Sirwan Abdullah Ismael, Secretary General of the Iraqi parliament, on March 27 directed a circular letter to all parliamentary sectors and directorates stating that “there’s no such term as ‘parliamentary presidium’,” adding that the correct terminology is “speaker of parliament and his deputies.”
Zamli’s office on Sunday responded with their own statement directed to the secretary general, arguing that the circular letter was a violation of Article 130 of the Iraqi constitution, and that the term “remains applicable and has not been canceled nor amended according to the constitution,” as it has been used in several articles of parliamentary internal law.
The office then requested the withdrawal of the letter, and urged for closer attentiveness in future correspondence, otherwise they would pursue legal actions.
Article 130 of the Iraqi constitution states that, “Existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this Constitution.”
Halbousi addressed the current disagreement on Monday, by directing another circular letter towards all MPs. In the letter, Halbousi stated that according to Articles 54 and 55 of the constitution, as well as a number of decisions from the Iraqi Federal Court and articles in the council of representatives’ law, “the term [parliamentary presidium] is canceled and never used.”
Article 55 of the Iraqi constitution says, “The Council of Representatives [parliament] shall elect in its first session its speaker, then his first deputy and second deputy, by an absolute majority of the total number of the Council members by direct secret ballot.”
Mashaan al-Juboori, a notable member of the tripartite alliance between the Sadrists, the KDP, and the Sunni Sovereignty Alliance, supported Halbousi’s claims on Monday, stating that the term “parliamentary presidium” has never been mentioned in the constitution and that the federal court has confirmed there is no such thing.
Decision number 87 from Iraq’s top court in 2010 stated that “After examination and deliberation from the federal supreme court, it was found that the Iraqi constitution did not form a body titled (presidium of the council of representatives), but rather found in the articles is the existence of a speaker and first and second deputy.”
Juboori added that the dispute between Zamli and Halbousi “threatens to crack the Save the Homeland Alliance if Seyyid [Muqtada] al-Sadr does not interfere.”
Second Deputy Abdullah addressed the situation in a statement on Monday, stating that the dispute shall be resolved according to the constitution and the parliamentary internal law.
"The parliament will take legal actions and hold accountable those who leaked and published the internal documents and communications of the council," he added
Save the Homeland Alliance is a recently-announced alliance between the Sadrist bloc, the KDP, and the Sunni Sovereignty Alliance. They have over 150 seats in the Iraqi parliament and backing from some other MPs.
Iraq’s parliament was scheduled to elect a president on Wednesday. Over a third of MPs boycotted the session, leading to the legislature’s inability to elect a president due to not meeting the legal quorum. The session was adjourned to an unspecified time.
Following the session, the leader of the Sadrist Movement Muqtada al-Sadr announced on Thursday that he will be stepping back from the government formation process temporarily, allowing the “obstructing third” to hold negotiations with all political parties around forming a national majority government, referring to pro-Iran political parties and their allies who have so-far boycotted parliamentary sessions in a bid to prevent Sadr and his Sunni and Kurdish allies from creating a majority at the legislature.
Updated on April 5 at 9:11am
