As part of its project to Enhancing Justice in Iraq, Al-Bayan Center for Studies and Planning has launched a new book entitled “Enhancing Justice in Iraq: Specialized Procedures for Various Issues.”
The book’s introduction explores the concept of justice as perceived by Eastern societies, highlighting how historical, social, and cultural contexts shape its understanding. While Western societies often pursue justice through the values of freedom and equality—embodied in the judicial system, wealth redistribution via social welfare policies, criminal justice, and more—the Eastern approach is deeply connected to traditional culture. It does not focus solely on the interests of the individual but rather seeks to ensure social balance and the public interest. Rooted in religious values, this perspective frames justice with the principles of Sharia, fairness, and mercy while fostering peace through longstanding traditions and customs. Thus, achieving justice in these societies often intertwines with traditional structures, even as modern concepts of justice call for rational institutions and frameworks that require a deep understanding by both authorities and individuals.
Iraq exemplifies this overlap in understanding justice. Although the political system is undergoing modernization, Iraq remains the heir to one of the oldest legal and administrative cultures in history. Amid strenuous efforts to transform the political system into a true representative of the people, ongoing crises and fluctuations have rendered the pursuit of justice a challenge that demands a delicate balance between legal frameworks, public policies, emerging institutions, local cultural values, international obligations, and the existing legal and administrative legacy.
This book is the result of a two-year project at Al-Bayan Center for Studies and Planning. In the first year, the center produced a general policy paper that addressed the challenges of achieving justice within the Iraqi political system. In the second year, a detailed research project was carried out that involved dozens of meetings with stakeholders across five main areas—each addressing the intricate intersections of the administrative and legal framework of state institutions.
The importance of these areas stems from the realization that justice is not achieved solely through the security or judicial system. Rather, it is an integrated system that encompasses the role of political parties, the significance of provincial councils, the promotion of trade and investment via commercial arbitration, and the facilitation of financing for small projects, in addition to advancing women’s rights and their participation in public life, especially within state institutions.
The first policy study examined the state of political parties in Iraq. Political parties form the backbone of any democratic system and play a crucial role in ensuring the peaceful transfer of power. However, in Iraq, they face significant challenges related to organizational laws, registration procedures, and their overall effectiveness in the political system. The study emphasized the urgent need for reform and offered practical proposals to foster a more transparent and just political climate.
The second policy study examined provincial councils and their role in promoting justice at the local level. In Iraq—a country with a complex administrative structure—provinces enjoy a degree of local governance that can effectively ensure fair wealth distribution and foster active participation in decision-making, as well as in developing policies and strategies tailored to each province.
The third policy study examined commercial arbitration as a tool for promoting economic justice. As Iraq moves toward a more open economy and seeks to attract foreign investment, commercial arbitration has become indispensable for resolving disputes quickly and effectively. However, the current legal framework in Iraq is insufficiently robust to support commercial arbitration, which hinders economic justice and deters potential investors. The study analyzes the obstacles to developing commercial arbitration in the country and proposes practical steps to reform legislation and legal infrastructure, linking these measures to the broader goal of attracting international investment for sustainable development.
The fourth policy study examined access to loans for small enterprises—a major challenge to achieving economic and social justice. Small enterprises are the backbone of any thriving economy, serving as a vital means of empowering individuals and fostering innovation. However, in Iraq, these enterprises face significant obstacles in obtaining financing, exacerbating economic disparities across society. The study provides a thorough analysis of the barriers within the Iraqi financial system and proposes strategies to facilitate access to funding, which is essential for promoting economic and social justice in the country.
The fifth and final policy study examines the status of women employees in Iraqi state institutions. Despite ongoing efforts to promote women’s rights in Iraq, women continue to face significant workplace challenges, including discrimination and unequal opportunities. This study analyzes these issues through a field study of female employees in the Ministries of Higher Education and Education, which have the largest concentration of women in Iraq’s administrative sector. It proposes policies and mechanisms to support women’s rights and achieve gender justice—an essential step toward sustainable development and fulfilling Iraq’s commitments to relevant international agreements.
Al-Bayan Center for Studies and Planning hopes that these five studies will provide valuable analysis for decision-makers striving to achieve justice in Iraq within its societal, cultural, legal, and political contexts. The center also aspires for this book to serve as a rigorous scientific contribution that enriches both local and international understanding of justice issues in Iraq.
