Upholding Human Rights and the Rule of Law: Tackling Corruption in Iraq for a Just Future

Iraq: Where Corruption is Fighting Corruption!

Despite Iraqi Prime Minister Mohammed Shia' al-Sudani's commitment to uncover corruption files and bring the involved parties to justice as part of his government program, eight months into his administration, there have been no signs of opening any of the significant and well-known corruption cases in the country. This includes investigation files related to the fall of Mosul to ISIS in the summer of 2014 and the suppression of civilian protesters in 2019, which resulted in over 800 deaths and thousands of injuries.

A report published by a London-based newspaper indicated that the fight against corruption during al-Sudani's tenure does not differ from that of his predecessors, including Haider al-Abadi, Adil Abdul-Mahdi, and Mustafa al-Kadhimi. Their tenures ended without any of the files linked to prominent political leaders in the country, who are considered directly involved, being opened.

Estimates by officials regarding the losses Iraq has incurred due to corruption range from $450 to $650 billion since the American invasion in 2003, with most occurring between 2006 and 2014 during Nouri al-Maliki's first and second governments. This period witnessed massive corruption crimes, particularly in projects related to housing, health, education, roads, bridges, energy, and military armament, alongside systematic and widespread human rights violations.

The newspaper stated that "arming the Iraqi army, building power stations, and oil licensing rounds are among the most contentious issues in Iraq, despite more than 12 years passing since they began, due to the significant losses the country has suffered in these three areas." This is in addition to contracts for building hospitals and schools, fictitious jobs within military and security institutions, and manipulation in the 2018 elections, which saw ballot boxes burned in areas affiliated with the Sadrist movement in eastern Baghdad, as well as the escape of Abu Ghraib prisoners in 2013.

Quota System within the Integrity Commission

Al-Sudani has made a series of radical changes within the Integrity Commission, the highest executive authority for monitoring corruption crimes. However, the commission, which has broad powers, "has not escaped the quota system," according to the newspaper. It was assigned to a figure affiliated with the Badr Organization, led by Hadi al-Amiri, namely Judge Haider Hanoon, who was previously nominated in the last elections by the Fatah Alliance, headed by al-Amiri.

As of last Tuesday, the Integrity Commission had not opened any major corruption file, focusing instead on addressing corruption cases within local governments in provinces and some ministries, investigating secondary figures at the level of undersecretary and general director without addressing the large, pending corruption files that involve names of prominent political leaders.

In this regard, an independent MP stated that "Al-Sudani's government follows the path of previous governments in promises and slogans regarding fighting corruption. Typically, these are media actions or measures against minor corrupt individuals who are tools for some influential parties and figures."

He pointed out that "there are significant corruption files that have cost Iraq billions of dollars, but any newly formed government cannot open those files due to the involvement of influential parties and figures, who play a significant role in forming governments that are primarily established based on the quota system, which is the root cause of corruption in Iraq."

He emphasized the "urgent need to open major corruption files, not only to recover the Iraqi people's money but also to stop current corruption." He argued that "it is impossible to open any of these files since the quota system places governmental institutions under political pressures, which is why corruption continues in Iraq. There are large-scale thefts occurring in state institutions daily."

A former Iraqi parliament member stated that "Al-Sudani's government was formed according to the same framework as previous governments, which is based on quotas and the partisan and personal interests of certain political leaders. Therefore, you will not find any seriousness from them to open major corruption files due to the ruling political class's involvement in those files."

Pressures and Threats

Many corruption files cannot be opened or investigated by al-Sudani's government due to political pressures and threats against the government if it approaches them, as they implicate influential parties and figures. Thus, even the investigations into the "theft of the century" have regressed due to these pressures to avoid revealing the truth and the actual parties involved in this significant theft.

Investigating major corruption files in Iraq requires the formation of a government that is entirely separate from the current political class, which is implicated in these files. Without achieving this condition and continuing to form quota-based governments, corruption will persist, and no investigations will be conducted to hold major corrupt individuals accountable.

An expert on Iraqi affairs noted that "the survival of al-Sudani's government hinges on not clashing with influential figures tied to many of these corruption files." He mentioned that "any genuine move by the government to open any major corruption file means that this government will not last long, and this is almost agreed upon among the influential forces."

Corruption in Iraq has become shared among all political parties without exception, which is why there is political protection for this corruption. We see the government's actions to combat corruption limited to a few individuals involved in minor corruption cases or figures lacking political cover and protection.

The al-Sudani government has not approached any major corruption file that implicates influential figures, as this government aims to complete its full four-year term without any political problems or crises that could accelerate its collapse. Additionally, the al-Sudani government is managed by certain political parties that are themselves heavily involved in these significant and dangerous corruption files.

Human Rights Perspective

Challenges

1. Suppression of Civil Liberties:

- The failure to address corruption often leads to the suppression of civil rights, as governments may use authoritarian measures to silence dissent and protest against corruption.

2. Impact on Vulnerable Populations:

- Corruption exacerbates poverty and inequality, disproportionately affecting marginalized groups who rely on public services that are often mismanaged or embezzled.

3. Lack of Accountability:

- The absence of transparency in government operations undermines trust and accountability, limiting citizens' ability to hold their leaders responsible for abuses and mismanagement.

4. Violence Against Protesters:

- The violent suppression of protests against corruption, as seen in 2019, raises serious human rights concerns, including unlawful killings, torture, and arbitrary detention.

Rule of Law Perspective

Challenges

1. Weak Judicial System:

- The judiciary often lacks independence and is susceptible to political influence, making it difficult to prosecute corruption effectively.

2. Impunity for Corrupt Officials:

- High-ranking officials frequently evade accountability due to their political connections, eroding public trust in the legal system.

3. Inadequate Legal Framework:

- Existing anti-corruption laws may be insufficient or poorly enforced, allowing corrupt practices to flourish without consequence.

### Practical Solutions

1. Strengthening Judicial Independence:

- Implement reforms to ensure the judiciary operates free from political interference. This could involve establishing independent oversight bodies to monitor judicial appointments and decisions.

2. Enhancing Transparency and Accountability:

- Introduce legislation that mandates the disclosure of government contracts, expenditures, and assets. Public access to this information can empower citizens to hold officials accountable.

3. Establishing Independent Anti-Corruption Bodies:

- Create autonomous agencies tasked with investigating corruption, free from political influence. These bodies should be equipped with the authority and resources to conduct thorough investigations.

4. Promoting Civil Society Engagement:

- Encourage the involvement of civil society organizations in monitoring government activities and advocating for transparency. Training programs can empower these organizations to effectively engage in advocacy.

5. Implementing Whistleblower Protection Laws:

- Enact laws that protect whistleblowers from retaliation, encouraging individuals to report corruption without fear of losing their jobs or facing legal consequences.

6. Conducting Public Awareness Campaigns:

- Launch campaigns aimed at educating citizens about their rights and the negative impacts of corruption. Increased awareness can foster a culture of accountability and civic engagement.

7. Strengthening Human Rights Protections:

- Ensure that laws protecting civil liberties are upheld, and that any use of force against protesters is strictly regulated and monitored to prevent human rights abuses.

8. International Cooperation:

- Collaborate with international organizations and foreign governments to share best practices in anti-corruption efforts and to secure technical assistance for reform initiatives.

Conclusion

Addressing corruption in Iraq requires a multifaceted approach that incorporates human rights and the rule of law. By implementing these practical solutions, the Iraqi government can foster a more transparent, accountable, and just society, ultimately benefiting all citizens.