Tuesday, August 30, 2005

Fundamentalists in all Three Branches of Gov't

Iranian blogger, Farnaz Ghazizadeh, Rooz Online:
Three figures of the Guardian Council (GC) have joined the new government of Mahmoud Ahmadinejad's conservative government. Mohammad Jahromi, former executive deputy of the GC is appointed as a the Minister of Labour, Gholamhossein Elham, former spokesman for the council is appointed as the president’s chief of staff and Mohsen Esmailie who was a member of the GC's legal team is the new spokesperson for Ahmadinejad's government. In addition to the three GC members, yet another one is tipped for another government position but who insists on keeping his current job in the GC.

This has once again raised the issue of separation of powers in the Islamic Republic, opening the debate that includes even legal experts outside the government. While the powerful conservative members of the GC firmly believe they legally have the right to have other government jobs as well, experts have said this violates the separation principle and creates a conflict of interest. READ MORE

This adds ammunition to all those who believe that the fundamentalists have been pushing to control all the three branches of government regardless of everything else. The recent move is not an isolated one. There are also measures for officials in leader's office and the Tehran's city council to keep second positions elsewhere. In this way, the conservatists ensure that they will maintain their hold on current and new agencies.

Disagreements on this abound. Aliyar Arshadi, a legal expert says individuals with posts in the in any agency of the legislative branch, GC or Majlis, will have to resign from their positions if they want to work with the executive or judiciary branches. He says that is the spirit of Iran's legal system.

GC officials and their supporters who have also acquired or are acquiring other government posts argue that GC is not a government position and so they are not violating any law or principle when they join the government. Rajabali Mazrouie, a journalist and former member of Majlis, believes that GC is a part of the legislative branch of government and, based on the separation of powers principle in the Iranian system, one can not legally hold two government posts.

Observers believe since the GC oversees the Majlis and the Majlis monitors and guides the government, the presence of officials in both the GC and the executive branch will create a vicious circle that will hurt the basic principles of a republic. On the other hand, since the GC has a legal function to interpret Iran's constitution, it is not strange that its members will defend the legality of holding several government posts between the different branches out of personal interest.

Experts say Ahmadinejad has not brought in any one from the Majlis or the Tehran Municipality to his government. But by nominating GC members to his cabinet pursues two different purposes: One is to extend his influence to two bodies as opposed to one, and the other, to co-opt powerful individuals who just happen to already hold certain official positions.