A Capital Law for Baghdad: A Governance Framework for Iraq’s Ancient Capital

Abstract

The 2005 Constitution of Iraq declares Baghdad to be the national capital and directs that it be regulated by a capital law. No capital law has been introduced and Baghdad continues to function as the capital. The failure to draft a capital law is due in part to a conflict between the Constitution and the powers granted to provinces in Law 21 of 2008. This article reviews capital law proposals from the Baghdad Amanat, the unique territorial and jurisdictional old city, and the more recently empowered Baghdad province. The authority of the province over the Amanat with 20% of the national population and the national capital is at the heart of the power struggle that is clearly reveled in the proposals. While discussions for drafting a capital law continue, basic infrastructure and service delivery remain inadequate. Public demonstrations in Baghdad like elsewhere in the region expresses a desire for change and dissatisfaction with poor service delivery. The article concludes that history, culture, and extraordinary authority over service delivery with little oversight from the elected provincial officials favor the status quo, and other matters appear more urgent to the national government. The result may not be good government for Amanat residents but may have to be good enough for now.