Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. The law allowed some individuals convicted of corruption to receive amnesty upon repaying money they had obtained by corruption, which had the effect of allowing them to keep any profits from stolen funds. Officials frequently engaged in corrupt practices with impunity. There were numerous reports of government corruption during the year.
Corruption: According to the parliamentary transparency commission, corruption over the past 15 years caused at least $320 billion to go missing from the state treasury, mostly because of corrupt or phantom contracts. Bribery, money laundering, nepotism, and misappropriation of public funds were common at all levels and across all branches of government. One politician told AFP journalists in December 2017 that stolen sums of less than $60 million “can be seen as honest; from there upwards, we can speak of corruption.” Family, tribal, and ethnosectarian considerations significantly influenced government decisions at all levels and across all branches of government. Investigations of corruption were not free from political influence.
Anticorruption efforts were hampered by a lack of agreement concerning institutional roles and political will, political influence, lack of transparency, and unclear governing legislation and regulatory processes. Although anticorruption institutions increasingly collaborated with civil society groups the effect of expanded cooperation was limited. Media and NGOs attempted to expose corruption independently, but their capacity was limited. Anticorruption, law enforcement, and judicial officials, as well as members of civil society and media, faced threats, intimidation, and abuse in their efforts to combat corrupt practices.
In 2016 the International Monetary Fund’s Executive Board approved a three-year 6.22 trillion Iraqi dinars ($5.34 billion) stand-by arrangement that called for the government to take measures through June 2019 to combat corruption, in addition to completing a fiscal rationalization program. The Commission of Integrity (COI) is undertaking a National Strategy to Combat Corruption (2015-19)that aims to increase training and development of staff of the inspectors general office and the COI. In August the COI issued a summary of the commission’s biannual report, finding the commission filed more than 4,500 corruption cases and issued more than 1,000 arrest warrants. There were almost 500 convictions, including four ministers and almost 30 senior officials, although they were not named. The report stated that the law allowed more than 400 convicts amnesty upon repaying money they had obtained by corruption.
The Central Bank leads the government’s efforts to combat money laundering and terrorist financing. Through the Offices of Banking Supervision and Financial Intelligence, the Central Bank worked with law enforcement agencies and the judiciary to identify and prosecute illicit financial transactions. The investigatory capacity of authorities remained extremely limited, although they were successful in prosecuting money-laundering cases linked to ISIS. The COI, which prosecutes money-laundering cases linked to official corruption, suffered from a lack of investigatory capacity.
The Council of Ministers Secretariat has an anticorruption advisor, and the COR has an integrity committee. The Council of Ministers secretary general led the Joint Anticorruption Council, which also included agency inspectors general.
According to IHEC, in May the previous prime minister fired five local election officials on charges of corruption during the parliamentary elections. The officials included the heads of election offices in Salah al-Din, Kirkuk, and Anbar Governorates and those who oversaw expatriate voting in Jordan and Turkey.
Border corruption was also a problem. In June the Center for International Private Enterprise reported that although the law mandates governorates receive 50 percent of border revenues, Wasit Governorate had not received its share of funding since 2011.
Between July and September, waves of largely youth-led protests occurred in Basrah and other southern governorates, with protesters condemning corruption and calling for better governance, more entry-level jobs, and reliable public services, including clean water and electricity. In August former prime minister Abadi responded by ordering the formation of a committee to investigate corruption in response to the widespread protests.
In September the Criminal Court sentenced a former deputy general secretary at the Ministry of Defense to six years in prison for fraud in procuring military equipment for the ministry during his tenure with the Iraqi Transitional Government from 2005 to 2006.
The KRG maintained its own COI, which issued its first report in 2017. The COI lacked the resources and investigators needed to pursue all potential corruption cases, according to one specialist on the issue.
In late March, KRG civil servants protested across the IKR for unpaid wages. The Carnegie Endowment for International Peace assessed in April that after three years of unpaid salaries and rising public debt to local creditors, KRG civil servants and the general Kurdish population were vocally opposing government corruption and frustration with the ruling Barzani and Talabani families.
In August the KRG formally launched Xizmat (“services”), a government reform program to document and provide more efficient and transparent government services to citizens in the IKR using an online portal. Elements of the overall program included taxation, payroll, budget planning, budget execution, and other economic reform priorities. The central government made limited progress implementing a similar, but narrower, program.
Financial Disclosure: The law authorizes the COI to obtain annual financial disclosures from senior public officials, including ministers, governors, and parliamentarians, and to take legal action for nondisclosure. Penalties range from fines to imprisonment. A unified system for enforcing annual financial disclosures does not exist. The COI has no jurisdiction over the IKR, but Kurdish members of the central government were required to conform to the law. The law obligates the COI to provide public annual reports on prosecutions, transparency, accountability, and ethics of public service. According to the COI’s semiannual report, only one third of MPs and only two of 15 governors submitted their financial information.
The Kurdistan Commission on Public Integrity is responsible for distributing and collecting financial disclosure forms in the IKR. There was no information available indicating that public officials faced penalties for financial nondisclosure.