We should enact laws for the conduct of its work 12/19
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Thread: We should enact laws for the conduct of its work 12/19

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    Institutional framework of the partnership between the public and private sectors

    Institutional framework of the partnership between the public and private sectors

    12/19/2015 0:00

    We should enact laws for the conduct of its work

    d. Acer

    Yassin, economic stability and promote economic and social development process depends on the crowd and collect all the potential of the community, including the energies, expertise and resources of both the public and the private sector to participate in the institutional organizations shall establish and operate projects of various kinds, and to achieve such an integration between the public and private sector to find and regulations institutional participatory between the public and private sectors as one of the strategic objectives that seek her and therefore had to be a number of legislations and regulations governing the process of forming a participatory institutions to be the work disciplined and consistent with the rationale and motives and objectives of the partnership the partnership could fail if not based on laws and regulations officer and soft to work and achieve its objectives.

    Iraq suffers from a weakness chock legislation to go make alliances with strategic partner to invest the establishment of new joint ventures between the public and private sectors, which will take over the responsibilities of the rehabilitation and management of state-owned public companies, both affiliated to the Ministry of Industry and Minerals or other ministries, despite the availability of legal provision that allows participation between the two sectors public and private mentioned in paragraph III of Article 15 of the Public Companies Act No. 22 of 1997 «for the company the right to participate with companies and institutions of Arab and foreign to implement related to the objectives of the company within Iraq Business», notes of the text that is open to enter into partnerships with companies is Iraqi law has not been allowed in partnership with the Iraqi private sector is a clear lack of understanding of the objectives of the partnership also did not specify the nature of the partnership and mechanisms applied, and generally any partnerships not conducted in accordance with this provision, it may be lack of clarity of the text a reason.

    There is also a clear signal in two documents represent Strategy Iraq during the next few years are close (the International Covenant) which was launched in early May of 2007 between Iraq and the international community to strengthen their partnership in order to raise the standard of living of the Iraqi people and complete the reconstruction process stipulates provided (allowing the private sector to play a leading role in economic activity, with a special role for government in regulating this activity and protect it) so by finding programs rely on the private sector in stimulating the reconstruction housing as well as the legal provisions to be included within the legislation and instructions for public contracts to encourage the private sector to participate.

    As it came Strutaceti Iraqi national development which fired by the Ministry of Planning Pencchtaha the first years (2007-2010) and the second for the years (2010-2014), which was amended to be for the years (2013-2017) identified the whole head of sustainable development in Iraq points, most notably the strengthening of the foundations of economic growth, including the framework of constant work macroeconomic and in line with the agreement (SBA ) concluded with the International Monetary Fund, and also called for the revitalization of the private sector through an enabling environment in order to improve the quality of life starting from the provision of basic services and the promotion of good governance (corporate governance), security and the fight against corruption. But the most prominent issue in these documents call for Iraq to allow the establishment of independent projects for the production of electricity on a regular basis (Bannae- Alh- Run-transfer (BOT) and Bannae- Altmlk- operating (BOO)).

    However, the latest official documents that dealt with the partnership between the two sectors the public and private in Iraq are among the main pillars of the program of the Iraqi government in 2014, which touched on the restructuring-owned industries by the state and the gradual shift towards the private sector and by working to encourage strategic partnerships with foreign and local qualified sector, without dealing with the promotion part of this Partnership within a specific structure of the tasks or set a timetable for implementation consistent with the interim needs of the economy and take it out of the bottleneck that stands stuck in the present day. But the strategic development of the private sector launched by the advisers came is also devoid of any reference to the partnership between the public and private sectors and draw a role for such a partnership in the activation of the target, including the private sector, leaving all possibilities open to such a partnership or legal framework guarantor including makings for implementation and sustainability of By providing the institutional infrastructure of ownership such as the rights, security, law and order, and rules that encourage effective investment in the long run.

    Although previous attempts by the Ministry of Industry and Minerals in the preparation of the draft Economic Reform Act of public companies owned by the state in the beginning of 2006 and then another draft in the beginning of the 2008 flag but it is all still under deliberation, and such a law if passed would broaden the circle of possible methods adopted in the reform of the conditions of public companies and attract partners to the land of the Iraqi reality.
    * Iraqi academic

    Last edited by Loopback; 12-19-2015 at 07:45 PM.

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