Activating Digital Law: Achieving the Vision of Digital Government in Iraq

In a world of order and organization, German sociologist Max Weber emerged as a guide of deep understanding of the structure of modern societies, shedding light on the concept of bureaucracy, which until then was merely a vague French term. However, Weber made it a central focus of both academic and administrative discussions. Weber did not see bureaucracy as merely a complex and slow administrative mechanism, as is often thought, but rather as a rational system that ensures the uniform and fair application of the law and considers it the ideal model for organizing the modern state. This system is based on the principles of efficiency and equality, as employees are selected based on their skills, abilities, and commitment to strict regulations and laws that apply to everyone without exception. According to Weber's philosophy, holding any government job will require not only high efficiency but also a great deal of loyalty and dedication, and government work is considered a source of pride and respect. With his insightful view, Weber points out that a government job is a two-edged sword. It is always accompanied by heavy responsibilities, but it rewards its holder with many rewards and privileges such as prestige and financial stability, especially in a thriving economy.

Weber's insights into bureaucracy open the door to understanding how administrative systems can shape not only the state but also the society it serves, thus providing a comprehensive vision that goes beyond superficial criticism of the complexities of government administration.

During the monarchy, Iraq did not know the concept of a government job. It was confined to a small number of employees until the country switched to the socialist system, which completely controlled the economy and made government jobs the norm. This shift in policy led to the employment of most Iraqis in government departments. This approach continued until the country was imposed with an economic blockade, and this huge number of employees were shocked by the poor conditions in the 1990s, which paved the way for the emergence of corruption, as some employees used their authority to complicate procedures for citizens. This continued until after 2003, the year after which the government employee became the spoiled child of the Iraqi government, which began to shower employees with high salaries, land, and privileges, making the government job desirable again. This is what prompted modern politicians to use these jobs as tools for their election campaigns and political gains. Therefore, the number of government jobs swelled, and the proportion of public employees in Iraq increased, making up about 37% of the country's total workforce.

This bloating has put the government in an awkward position, as its relatively small number of institutions did not need this huge number, so it began to devise ways to make these employees productive within its institutions. Thus, a task that could be assigned to one employee today passes through the hands of five employees, which makes the government transaction extremely low. It should not come as a surprise a transaction that should logically take only five minutes ends up taking five hours due to the chain of reviews that this transaction must go through

This chaos has contributed to the spread of corruption, which the UN Secretary-General's Special Representative in Iraq, Jeanine Hennis-Plasschaert, described as a phenomenon caused by the fact that the political and ruling class in Baghdad has so far failed to put the national interest above anything else. These statements came from the UN official before the UN Security Council during the regular meeting to discuss the situation in Iraq. Plasschaert stressed that corruption is a fundamental characteristic of the political economy in Iraq and part of daily transactions, and this is not my opinion but a recognized fact. The representative also spoke of a government sector that she described as bloated and inefficient and that it serves politicians rather than people. She said that partisan and private interests divert resources from important investments for national development.

Iraq finds itself among the world's most corrupt nations, ranking 157th out of 180 countries in Transparency International's 2021 Corruption Perception Index. While the organization refrained from providing precise figures for the country's corruption levels, it is evident that Iraq suffers from a widespread corruption epidemic that has infiltrated its core structures.

In contemplating these indicators and numbers, one envisions Max Weber, puzzled by the realization that everything overseen by the government today—such as paying taxes, renewing passports, or even filing a complaint—can be accomplished with a simple click online, eliminating the need to endure long queues or interact with potentially uncooperative or preoccupied officials. This is precisely the promise of e-government, where government services become faster, easier, and more transparent by harnessing internet and technology. E-government's benefits extend far beyond mere convenience. It serves as a powerful tool in the fight against corruption and bureaucracy. Under an e-government system, transparency reaches unprecedented levels, as every transaction is recorded and readily accessible online, leaving no room for manipulation or excuses. Citizens can scrutinize every step of the process, ensuring a fair and corruption-free system. E-government also eliminates the need for mountains of paperwork, which are prone to loss or tampering.

Digitalization ensures the integrity of records, making them impervious to manipulation. Furthermore, e-government systems are inherently faster and more efficient, operating around the clock and capable of completing tasks in moments without waiting for lengthy approvals that can span weeks or even months.

E-government simply ushers in an era of clarity, speed, and fairness, making it an effective tool against corruption and the stifling grip of bureaucracy. A crucial question arises: is Iraq ready to embrace e-government? And why has no legislation been enacted to activate this transformative solution?

To be fair in our assessment, there have been encouraging signs of the Iraqi government's commitment to digital transformation. For instance, the issuance of electronic passports has been streamlined, taking mere minutes to complete. Additionally, the government is adopting e-payment options at fuel stations and some government departments. These initiatives have ignited public interest in the possibility of an Iraqi e-government system that would streamline all aspects of daily life. However, this endeavor requires a comprehensive understanding of Iraq's e-government project.

In June 2004, the United Nations offered its assistance to the international community in supporting the newly established Iraqi government in developing the essential infrastructure for e-government. This paved the way for a $20 million agreement between the Iraqi and Italian governments aimed at strengthening and advancing this sector. To achieve this goal, the Iraqi Ministry of Science and Technology and the Italian Ministry of Information and Communication Technology joined forces to provide the necessary financial and technical support for the establishment of a network connecting Iraq's ministries. However, bureaucratic hurdles and technical challenges have delayed this groundbreaking transformation to this day.

The proposed plan was structured into three training and implementation phases, starting with a two-year training program for Ministry of Science and Technology employees on modern technological methodologies, establishing an internal internet network to facilitate communication between ministries, with an estimated completion time of five years, and equipping all ministries with the necessary technological infrastructure for e-government as well as training government employees. Unfortunately, this project remains stalled, and the reasons for its suspension remain unclear, with the possibility of legal hurdles playing a role. Furthermore, the Iraqi Ministry of Science and Technology was dissolved in 2015.

The groundwork for e-government was established indirectly through the provisions of the 2005 Iraqi Constitution, specifically in Article 25, which states: "The State shall guarantee the reform of the Iraqi economy in accordance with modern economic principles to ensure the full investment of its resources, diversification of its sources, and the encouragement and development of the private sector." Upon closer examination of this text, one can sense the constitutional, albeit indirect, basis for establishing e-government in Iraq. It is not possible to carry out any economic reform according to modern principles without adopting e-government concepts and other technologies that ensure such reform is realized at the level of government interaction with individuals and the business sector or at the international level with financial, international, and economic institutions. Article 34, Paragraph 3 of the Constitution highlights the importance of state support for the economy and scientific research, two areas that benefit most from modern technologies such as e-government. The article states: "The State shall encourage scientific research for peaceful purposes that serve humanity and shall support excellence, creativity, invention, and different aspects of ingenuity." This could be interpreted as unachievable in practice, and

the state can only fulfill this duty if it adopts technological developments in education to nurture creativity and innovation.

● The legal foundations of e-government in Iraq are further strengthened by various laws, such as the Electronic Signature and Electronic Transactions Law No. 78 of 2012, which is considered a step forward towards digital transformation. Various legal texts confirm the possibility of using electronic means in several aspects of the law. For example, Article 17, paragraph 1 of the Internal Regulations of the Federal Supreme Court No. (1) of 2022 stipulates the formation of a preliminary committee, which, according to Article 17, paragraph 2, is responsible for completing the authentic documents, including the email addresses of the parties concerned. Additionally, Article 20, paragraph 4, stipulates the inclusion of an email address for the plaintiff in their submitted claim.

● Instructions have also been issued that confirm the use of electronic tools in legal work, such as the Instructions for Disclosure of Financial Status No. 2 of 2017, Article 3 of which states: "Firstly: The Commission shall publish a model financial disclosure form on its website, and the obligated person may download or request it directly from the Commission for the purpose of filling it out." Whereas Article (10: Secondly) states: "The Prevention Department shall document the data contained in the forms in a special electronic database system and archive the forms related to each obligated person and prepare their own records."

● As for the Iraqi Supreme Criminal Court Law No. 10 of 2005, the rules and procedures for collecting evidence for the year 2005 state that "the court may then use electronic means for audio-visual transmission, e-mail, and other electronic means, and the court may take whatever it deems appropriate to apply this article."

● Furthermore, Article 17 of Traffic Law No. 8 of 2019 stipulates that "the Director of General Traffic shall approve granting a license to practice the profession... regulating the contract of sale and purchase of vehicles, whether paper-based or electronic." Additionally, Article 13 states that "the seller and the buyer must complete the procedures for transferring ownership of the sold vehicle...signing the external traffic contract (paper or electronic) concluded by one of the authorized car showrooms or offices."

● We also find that the Coalition Provisional Authority (dissolved) had issued materials related to e-government. Article 14 of No. 83 of 2004, which aims to amend Copyright Law No. 3 of 1971, states that "authorization is granted to reproduce their performance recorded in an audio recording directly or indirectly in any way or form and in a permanent or temporary manner, including the electronic digital form."

● In addition, the Coalition Provisional Authority (dissolved) had clarified in Paragraph 1 of Article 55 of the Special Law for the Central Bank of Iraq No. 56 of 2004 that "No person shall publish, print, implement, issue, distribute or promote, including electronic means, or computers or the like." Here, we find that the article addresses an issue related to the use of electronic means. Administrative Transactions and Government Services between Choice and Obligation

As we have explored, there are foundations or legal frameworks that can serve as the foundation for a thriving e-government ecosystem. However, a crucial question remains: is this foundation a legal obligation on the executive authority, the administration, and citizens to apply e-government practices? The answer is that the main principle lies in the process of promoting public trust in electronic transactions or the use of electronic means to conduct transactions and the need to respect the right to privacy and confidentiality. This includes all parties taking care not to publish or disseminate any data related to private or personal matters. It is, therefore clear that the conduct of administrative transactions and government services by the citizen through electronic means should always remain a choice, not an obligation. This is what the laws we mentioned earlier addressed. It is clear from these laws that a citizen is not obligated to adopt electronic means in submitting their transactions but rather have the freedom to choose between traditional or electronic means, as long as there are no legal provisions enforcing them to do so. Suppose the use of electronic means is more beneficial and convenient for the citizens in terms of avoiding the hassles and potential risks associated with traditional methods. In that case, they may voluntarily go for it.

Citizens are only obliged to use electronic means if there is an explicit legal provision requiring them to do so. This means that there must be a legal provision that obliges citizens to submit their transactions electronically in addition to paying their fees electronically. In this case, citizens will be legally obligated to follow these modern means. When we review the laws above, it becomes clear to us that government departments and the public sector, in general, follow the general principle that the administration is not obligated to adopt electronic management means except in the case of an explicit provision to that effect. Therefore, the use of electronic means will remain an exception that cannot be generalized or expanded due to the lack of a legal provision that obliges these departments to adopt it.

Based on the foregoing, we call on the Iraqi government to activate the draft e-government law that was initiated 20 years ago, in addition to the need to expedite the issuance of the cybercrime law, as it is one of the pillars of e-government. The government should not follow the narrow definition of the concept of e-government, which is limited to the use of electronic means by government agencies under the executive authority and does not extend to the broad meaning of e-government in which the legislative and judicial authorities use electronic means to carry out their work. In other words, we can say that e-government means the use of various technological means to accomplish the tasks of the legislative, executive, and judicial authorities and provide public services to citizens. This is whether the use of these means is between departments of the same authority, or between two or more authorities, or between authorities and individuals and the private sector. Therefore, the use of electronic means by public authorities, on the one hand, and the public or citizens, on the other hand, represents the essence of e-government in its broad sense, which can be summarized in the provision of government services electronically. We can say that e-government, in its narrow sense, is nothing more than the mere use of modern technology by the public administration to perform its functions according to the general need.