Breaking Up to Stay Together: Iraq in Pieces


American leaders contemplating Iraq have made a habit of substituting unpleasant realities with rosy assessments based on questionable assumptions. In 1991, after the Gulf War, the George H. W. Bush administration hoped that Iraqis would rise up against Saddam Hussein and encouraged them to do so, only to abandon them to the Republican Guard. In 1998, President Bill Clinton signed the Iraq Liberation Act, officially embracing regime change and transferring millions of dollars to an Iranian-backed convicted embezzler, Ahmed Chalabi. In 2003, the George W. Bush administration assumed that toppling Saddam would lead to stability rather than chaos when the U.S. military “shocked and awed” its way to Baghdad. In 2005, as the country descended into violence, Vice President Dick Cheney insisted that the insurgency was in its “last throes.”

In 2010, still flushed with the success of Bush’s “surge,” Vice President Joe Biden forecast that President Barack Obama’s Iraq policy was “going to be one of the great achievements of this administration,” lauding Iraqis for using “the political process, rather than guns, to settle their differences.” And in 2012, even as Iraqi Prime Minister Nouri al-Maliki was running an increasingly authoritarian and dysfunctional regime, the administration continued its happy talk. “Many predicted that the violence would return and Iraq would slide back toward sectarian war,” said Antony Blinken, then Biden’s national security adviser. “Those predictions proved wrong.”

Today, of course, the Iraqi army has all but collapsed, despite some $25 billion in U.S. assistance. Shiite militants who have sworn allegiance to Iran’s supreme leader operate with impunity. And the Islamic State (or ISIS) dominates more than a third of Iraq and half of Syria. Obama’s successor will thus certainly earn the distinction of becoming the fifth consecutive president to bomb Iraq.

Still, the next resident of the White House can choose to avoid the mistakes of his or her predecessors by refusing to unconditionally empower corrupt and divisive Iraqi leaders in the hope that they will somehow create a stable, prosperous country. If Iraq continues on its current downward spiral, as is virtually certain, Washington should accept the fractious reality on the ground, abandon its fixation with artificial borders, and start allowing the various parts of Iraq and Syria to embark on the journey to self-determination. That process would no doubt be rocky and even bloody, but at this point, it represents the best chance of containing the sectarian violence and protecting the remainder of the Middle East from still further chaos.


Since the founding of modern Iraq in 1920, the country has rarely witnessed extended peace and stability. Under the Ottoman Empire, the sultans ruled the territory as three separate vilayat, or provinces, with governors independently administering Mosul in the north, Baghdad in the center, and Basra in the south. After the Allied victory in World War I and the collapse of the Ottoman Empire, however, the Treaty of Sèvres created new and artificial borders to divide the spoils. France assumed a mandate over the Levant, and the British were determined to carve out a sphere of influence in oil-rich Mesopotamia, installing a descendant of the Prophet Muhammad, Faisal bin al-Hussein, as Iraq’s first monarch in 1921.

By 1932, however, King Faisal I had already concluded that Iraq made little sense as a nation:

With my heart filled with sadness, I have to say that it is my belief that there is no Iraqi people inside Iraq. There are only diverse groups with no national sentiments. They are filled with superstitious and false religious traditions with no common grounds between them. They easily accept rumors and are prone to chaos, prepared always to revolt against any government.

Those words would prove prophetic, and in 1958, his grandson, Faisal II, was murdered in a coup d’état along with the royal family. Three revolutions and counterrevolutions followed before the Arab Socialist Baath Party took power in 1968, with Saddam seizing total control in 1979.

Once the center of regional politics, science, culture, and commerce, Iraq regressed on every front under Saddam. In the 1980s, his Anfal campaign exterminated tens of thousands of Kurds, and his disastrous war with Iran left hundreds of thousands dead and millions displaced. His equally catastrophic incursion into Kuwait in 1990 led to a lost war, the ruthless suppression of Kurdish and Shiite rebellions, a dozen years of devastating sanctions, and some $130 billion in debt. Not even Saddam’s core constituency of Sunnis was immune from frequent pogroms; countless relatives of Saddam, party officials, generals, and tribal chieftains were liquidated over the years. These decades of misrule caused a majority of Iraqis—not just Kurds and Shiites but also exiled Islamists and secular Sunnis—to reject Baghdad’s rule.

The post-Saddam Iraq that emerged after the 2003 U.S. invasion was supposed to be different. Having failed to unearth weapons of mass destruction, the United States expended an extraordinary amount of resources to compensate for the error and pursue pluralism, stability, prosperity, democracy, and good governance. Some 4,500 U.S. soldiers were killed and 32,000 wounded, not to mention the trillions of dollars in direct and indirect costs and the millions of dead or displaced Iraqis. Yet the intervention ultimately failed, because it empowered a new set of elites who drew their legitimacy almost purely from divisive ethno-sectarian agendas rather than from visions of truth, reconciliation, the rule of law, and national unity.

Shortly after the invasion, Machiavellian politicians pressed U.S. officials to disband the Iraqi army as they hijacked the U.S.-instituted De-Baathification Commission and used it to extort or purge their secular political opponents, Sunni and Shiite alike. Hundreds of thousands were left permanently unemployed, embittered, and primed to seek violent retribution against the new order.

In the mountainous north, Kurdish leaders sought to consolidate the considerable gains they had achieved through self-governance following the introduction of a no-fly zone in 1991. After a vicious civil war in the mid-1990s, they established the semiautonomous Kurdistan Region, securing peace and attracting foreign investment. Once Saddam was gone, they maintained control of key positions in Baghdad under a new ethno-sectarian quota system as a hedge against further repression.

In the south, the Shiite Islamist parties that had battled Saddam’s secular Baath Party for decades, often with Iran’s covert support, emerged victorious and sought to compensate for past repression. They asserted their will as the majority by defying the Baath’s taboos and establishing numerous official religious holidays, cementing their brand of religious values in the national school curriculum, and placing members of the armed wings of their religious political parties on government payrolls. In the halls of power in Baghdad, the word of Grand Ayatollah Ali al-Sistani, the highest authority in Shiite Islam, reigned supreme.

Iraq’s minority Sunnis, the nation’s ruling elite for centuries, found themselves in disarray. To correct perceived injustices, they eventually settled on a strategy of boycotting democracy in favor of insurgency and terrorism. Hopelessly divided and lacking leadership and vision, Sunni Arabs often fell into the trap of battling the U.S. military occupation and the surging influence of their historical arch-nemesis, Shiite Persian Iran, by striking a deal with the devil: al Qaeda.

So began an endless cycle of killing among militant radicals of all stripes, from remnants of the Baath Party to al Qaeda in Iraq to the Iranian-backed Shiite militias. With each religiously charged atrocity, the Iraqi national identity grew weaker, and the millennia-old senses of self—tribal, ethnic, and religious—grew stronger.

Iraq's Prime Minister Nuri al-Maliki (L) shakes hands with U.S. President George W. Bush in Amman, November, 2006. ALI JAREKJI / REUTERS

Iraq’s Prime Minister Nuri al-Maliki (L) shakes hands with U.S. President George W. Bush in Amman, November, 2006. ALI JAREKJI / REUTERS

Of all the main forces, perhaps the single most corrosive was Maliki, a duplicitous and divisive politician who served as prime minister beginning in 2006. After he lost the 2010 elections, he managed to stay in office through a power-sharing deal backed by Washington and Tehran, only to consolidate his authority further by retaining personal control of the interior, defense, and intelligence ministries, among other important bodies. With Obama distracted by the global economic meltdown and advised by top aides that Maliki was a nationalist rather than a sectarian, the prime minister secured nearly unconditional Iranian and U.S. backing and purged professional officers in favor of incompetent loyalists. He intentionally pitted organs of the state and his hard-line Shiite Islamist constituency against all manner of opponents: Shiite secularists, Sunni Islamists, Sunni secularists, Kurds, and even rival Shiite Islamists.

Although Maliki achieved many successes during his first term, which coincided with Bush’s surge, his second, from 2010 to 2014, was catastrophic. Violence rose from the post-2003 lows to new heights. Entire divisions of the Iraqi army melted away in the face of vastly smaller forces, leaving billions of dollars’ worth of vehicles, weapons, and ammunition behind for use by terrorists. The entirety of Iraq’s Sunni heartland fell to the Islamic State. Baghdad’s relations with Iraqi Kurdi-stan and the Sunni provinces collapsed, and the central government lost control over more than half its territory. The Iranian-backed Shiite militias that Maliki had once crushed rebounded so ferociously in the face of the Islamic State’s assaults that they now likely outnumber the official Iraqi security forces. Most damning, both the Islamic State and the Shiite militias now wield advanced U.S. military hardware as they commit atrocities throughout Iraq.

Across much of the Middle East today, a sad truth prevails: decades of bad governance have caused richly diverse societies to fracture along ethno-sectarian lines. In Iraq, it is now evident that Shiite Islamists will not accept secular-nationalist rule by Sunnis or Shiites and that neither camp will accept rule by Sunni Islamists, especially the radical version espoused by the Islamic State. The relatively secular Kurds, meanwhile, are unwilling to live under Arab rule of any sort. In short, these powerful groups’ visions of life, religion, and politics are fundamentally incompatible. As for the minority Christian, Shabak, Yazidi, Sabean Mandaean, and Jewish communities that once numbered in the millions and occupied Mesopotamia for millennia, they have faced the Hobbesian fate of violent death or permanent displacement.


Despite some tactical gains, such as the liberation of Tikrit, the strategic situation has only gotten worse since Prime Minister Haider al-Abadi succeeded Maliki in September 2014. Over the past year, the Islamic State has enhanced its position, even in the face of coalition bombing campaigns chronicled on Twitter by top U.S. officials, who, echoing General William Westmoreland during the Vietnam War, cite body counts and the number of air strikes as metrics for success. Mosul was taken by the Islamic State in June 2014; today, few are talking about liberating it anytime soon, and the terrorists have thrust forward to capture Ramadi, the capital of Iraq’s Anbar Province. The barbarians that Obama dismissed as the “JV team” are now a few dozen miles from the gates of Baghdad, as they expand their reach in Syria and establish franchises across Africa and Asia. Earlier this year, when I asked one of Iraq’s deputy premiers how Baghdad looked, he shrugged and said, “How should I know? I can’t leave the Green Zone.”

The collapse of the Iraqi security forces and the rise of the Shiite militias have weakened Baghdad’s already feeble grip on the country and empowered Tehran, since the militias have sworn allegiance to Iran’s supreme leader and are directed by Iran’s Islamic Revolutionary Guard Corps. U.S. military commanders have rightly voiced alarm over the growing strength and popularity of these terrorist groups, which are responsible for bombing U.S. and allied embassies and killing and maiming thousands of Iraqi, U.S., and coalition troops. Every time the militias thrust into Sunni enclaves, they carry out new atrocities and displace more people, inevitably enhancing the Islamic State’s appeal. Every time the Islamic State bombs innocent Shiite civilians, the Shiite militias grow stronger, and the Iraqi government grows weaker.

Compounding Baghdad’s nightmare has been the plunge in oil prices, which has left Abadi’s government with a budget deficit in the tens of billions of dollars, a limited ability to borrow on the international capital markets, and the prospect of looming stagflation. Youth unemployment has stayed chronically high. This past summer, with temperatures rising well above 120 degrees Fahrenheit and households having no more than a few hours of water and electricity per day, the seething population was primed to explode.

And that is precisely what happened. In July, tens of thousands of largely peaceful and secular protesters filled public squares across Baghdad and the provincial capitals of southern Iraq, decrying sectarianism, corruption, the lack of jobs, and nonexistent government services. Angrier protesters burned in effigy leading national politicians, namely Maliki, who was now one of Iraq’s three vice presidents yet still wielding power behind the scenes in a bid to undermine Abadi. Government offices in Maliki’s hometown were sacked, and crowds threatened violent action against the Basra-based international oil companies, Iraq’s only economic lifelines.

After Abadi announced limited reforms, Sistani, sensing mass unrest and a budding threat from rival clerics in Iran, instructed Abadi through his representatives’ weekly sermons to “be more daring and courageous.” In response, Abadi announced a series of major reforms, including the abolishment of the offices of the three deputy premiers and the three vice presidents, along with 11 of 33 cabinet posts. To overcome paralysis and hold officials accountable, Abadi promised to eliminate the ethno-sectarian quota system in the government and prosecute dozens of top civilian and uniformed leaders for corruption and dereliction of their duties in the face of the Islamic State’s assault.

In a rare show of unity, parliament unanimously adopted the measures on August 11. Mass rallies erupted in Baghdad, with protesters chanting, “We are all Abadi.” But Maliki and the other two vice presidents refused to step down, insisting that their positions were constitutionally mandated. And so the paralysis in Baghdad continued.

A week after the reforms were approved, Sistani issued a direct and dire warning. Iraq’s politicians had not served the people, and their misdeeds had enabled the rise of the Islamic State, he argued. “If true reform is not realized,” he said, Iraq could be dragged into “partition and the like, God forbid.”

So began the most recent chapter of the centuries-long intra-Shiite rivalry, as Sistani and Abadi battled Iranian Supreme Leader Ayatollah Ali Khamenei and his favored proxies in Iraq, namely, Maliki and the militia commanders, for control of Mesopotamia.

Although little noticed or understood in the West, and in a reminder than no major ethno-sectarian group can ever be monolithic, Shiite Arab and Shiite Persian rivalries have persisted for centuries, pitting Iraq’s Najaf seminary against Iran’s Qom establishment. At the time of this writing, Najaf’s Sistani is discreetly blasting Iran’s leading militia in Iraq, Kataib Hezbollah, for its alleged involvement in kidnapping 18 Turkish civilians and for its threat to target the U.S. ambassador to Iraq. Undeterred, Tehran is attempting to consolidate its gains over Arabia, where, as the former Iranian intelligence minister Ali Younesi declared in March, “Iran has become an empire . . . and its current capital is Baghdad.”

Given the hellish combination of regional proxy wars and conflict between Iraq’s Sunnis and Shiites and between its Arabs and Kurds—and within each group as well—the most dangerous era of modern Iraqi history may have only just begun.

It is hard to see how members of the feckless national political elite, who built their reputations by sowing ethno-sectarian hatreds, can satisfy impatient protesters in the coming months. Following decades of misrule under Saddam and Maliki, there is little reason to believe that a critical mass of pluralistic Iraqi nationalists remains to salvage the Iraqi national identity. The divisions now run too deep. As Massoud Barzani, president of the Kurdistan Region, once put it to me, “The Shia fear past repression, the Sunnis fear future repression, and we Kurds fear both.”

Image: RODI SAID / REUTERS. Displaced people from the minority Yazidi sect, fleeing violence from forces loyal to the Islamic State in Sinjar town, walk towards the Syrian border, August, 2014.

Image: Displaced people from the minority Yazidi sect, fleeing violence from forces loyal to the Islamic State in Sinjar town, walk towards the Syrian border, August, 2014. RODI SAID / REUTERS

Nor is there much reason to believe that Iraq can rid itself of the corruption that is ingrained in the very dna of the post-2003 order. Sunnis and Shiites, Arabs and Kurds, secularists and Islamists—whatever their disagreements, all have been united not by God but by greed. The insatiable lust for power and money evidenced by virtually every national leader I met during my more than 2,100 days of U.S. government service in Iraq still leaves me dazed: a Kurdish official’s $2 million Bugatti Veyron parked along several other supercars at his beachfront villa abroad, the private airplanes of a secretive Sunni financier with several cabinet members in his pocket, a junior Shiite Islamist official’s $150,000 Breguet wristwatch to complement his $5,000 monthly salary from the office of the prime minister. These are the small fish.

As one friend, a tireless but beleaguered Iraqi civil servant, put it to me early during the war, “Under Saddam Hussein, our ministers dreamt of stealing millions. If Saddam caught them, they were immediately executed. Only Saddam and his sons dared steal en masse. These people you Americans have brought to rule us—they’re stealing billions.” My friend earns about $500 per month, an average wage. Years after we visited the White House together, his home was accidentally bombed by U.S. aircraft, wiping out his family’s life savings. The Pentagon offered him no apology or reparations. His fiancée was then shot in the head by a passing foreign security convoy; she suffered permanent brain damage and paralysis. The son of a Sunni father and a Shiite mother, like millions of Iraqis of mixed descent, he fears kidnapping and murder by both the Sunnis of the Islamic State and the Shiites of the Iranian-backed death squads.


There is no question now that George W. Bush waged a poorly conceived and poorly executed war. There is also no question now that Obama precipitously and irresponsibly disengaged from Iraq after backing a divisive leader in Maliki. Washington’s Iraq policy failures have transcended administrations and parties. But the next president has a chance to do better.

In an ideal world, Abadi would survive the looming assassination and coup attempts, and the current Iraqi government would not only remain intact through 2017 but also become functional. Baghdad would mend the country’s ethno-sectarian divisions, slash corruption by prosecuting and jailing top officials (starting with senior judicial and cabinet figures), and reverse the advances of the Islamic State and the Shiite militias. If this somehow happens, Washington should reward Iraq’s leaders by continuing the Bush-Obama strategy of diplomatically backing a strong central government while providing military and counterterrorism assistance strictly conditioned on further reforms.

It is far more likely, however, that Iraq will continue its current slide and its government will keep failing to fulfill its basic obligations to deliver security and services. In that case, the next U.S. president should act decisively to prevent Iraq from degenerating into a second Syria, a zombie state terrorizing its citizens, exporting millions of refugees, and incubating jihad. This would mean openly encouraging confederal decentralization across Iraq and Syria—devolving powers from Baghdad and Damascus to the provinces while maintaining the two countries’ territorial integrity. In extreme circumstances, Washington might resort to embracing Balkan-style partition and a new regional political order.

Such a policy would represent a sharp departure for the U.S. national security establishment, which, among other things, has difficulty adapting to the unforeseen and dealing with nontraditional actors. Yet precisely because Washington’s traditional authoritarian counterparts have failed so spectacularly, it is nonstate actors that now dominate the Middle East. As a result, across the region, millions of youth have become disillusioned and radicalized, and extremists have exploited power vacuums to wage transnational jihad.

As it acknowledges the realities festering on the ground today, the United States will have to adopt an overarching strategy for the Middle East, one that goes far beyond Obama’s counterterrorism-focused approach. In Iraq and Syria, artificial borders have been erased, and the governments in Baghdad and Damascus have lost legitimacy in the eyes of millions of citizens. Because Washington can no longer deal with these governments as the exclusive representatives of their people, it will have to work with the world’s other great powers and the Middle East’s regional powers—Iran, Israel, Egypt, Turkey, and the Arab monarchies—to define new spheres of influence.

This process will be neither quick nor easy and will involve hundreds of delicate maneuvers. To begin with, however, the United States should work through the UN Security Council to launch a Middle East détente initiative that brings everyone to the table, much as Clinton convened various stakeholders in the Dayton peace talks to end the Bosnian war. Although it is not without risk, the strategy will rest on embracing the universal right to self-determination guaranteed by the UN Charter.

To that end, global and regional powers should agree on a new political order, try to broker cease-fires, deploy peacekeepers, and, as administrative and security conditions permit, allow every district in Iraq and Syria to conduct cascades of UN-monitored referendums. Although Iran may play a spoiler role and seek to preserve its ability to attack Israel by securing its land bridge across Iraq, Syria, and Lebanon, it can eventually be neutralized by unanimous global pressure, as the recent nuclear deal demonstrated. Some Sunni powers will surely deploy their own dirty tricks in an attempt to predetermine outcomes; global powers must make it clear that there will be zero tolerance for such behavior and, more important, that they are prepared to inflict tangible pain if bad acts continue. They must also make it explicit that the civilized world is now at war with radical militant Islamists and that state sponsorship of these terrorists, whether Sunni or Shiite, will no longer be tolerated.

Under the present conditions, one can imagine that the Syrians would vote for rump Alawite, Christian, and Druze enclaves along the Mediterranean coast, one or more Sunni Arab governments across the heartland (which would rise up against the Islamic State in an Iraq-style “tribal awakening” should the appropriate campaign plan be adopted), and a semiautonomous Kurdish region in the north. The first would fall under the spheres of influence of Iran and Russia, while the latter two would fall under the Turkish, Arab, and Western spheres. No longer caught in the clutches of a genocidal dictator, Syria’s diverse and industrious population could begin to rebuild, just as the war-ravaged citizens of Germany, Japan, and Korea once did. To cement truth and reconciliation, the Security Council will have to guarantee mass amnesty, or, should the stakeholders agree, the International Criminal Court will need to start indicting perpetrators of war crimes from all factions in a bid to deter further bloodletting.

In neighboring Iraq, a nearly identical pattern has already emerged on the ground. The Shiite provinces would likely choose to form anywhere between one and nine regions; oil-rich Basra, for instance, has been threatening self-rule for a decade in the face of Baghdad’s failure to deliver security and services. The Sunni provinces would form between one and three regions and cleanse their territories of the Islamic State through a reinvigor-ated and internationally supported “tribal awakening.” And Iraqi Kurdistan would no doubt continue down the path toward economic self-sufficiency, leveraging the opportunity to export oil and gas to Turkey and the European Union. Special independent status could be granted to the diverse and geopolitically sensitive provinces of Baghdad, Diyala, and Kirkuk (à la the District of Columbia), in a last ditch effort at maintaining their pluralism. Unlike in Syria, in Iraq, many of these processes are already permitted by the constitution.

As Iraqi Kurdistan demonstrated during the 1990s, transitions to self-determination are often attended by regional interference, warlordism, corruption, cronyism, and internecine conflict. Nonetheless, as that case has also shown, with time—and with constant international rewards for good behavior and sanctions for bad behavior—self-determination always produces better results than authoritarianism. Were Saddam still terrorizing the Kurds today, a Kurdish insurgency would be raging stronger than ever. Instead, autonomous rule in Kurdistan, albeit far from perfect, has contributed to relative security and the development of basic infrastructure and economic opportunity. This should serve as a model for the rest of Iraq and Syria.

Indeed, those eager to destroy the Islamic State at any cost should remember that al Qaeda in Iraq was defeated not by the U.S. military and intelligence services, the Kurdish Pesh Merga, or Iranian proxies but by Sunni Arab Iraqis, who led the fight with international support. Likewise, al Qaeda in Iraq’s supercharged successor, the Islamic State, can never be defeated by air strikes or foreign boots on the ground alone. The Islamic State’s root cause—poor governance—is indigenous. Thus its root solution—good governance—must also be indigenous. Only local actors can break the vicious cycle of poverty, disenchantment, radicalization, and extremism and spark a virtuous cycle that offers security, jobs, education, moderation, dignity, and, most critically, hope that tomorrow will be better than today.

Barring a miracle, managed decentralization across Iraq and Syria may soon be the only viable path ahead. The next U.S. president could choose to respond to the inevitable crises there by following an ideological course, as his or her predecessors did, or attempt to manage them actively yet rationally. With or without Washington, a new reality is dawning on Mesopotamia.

In: foreignaffairs

Legal reform: Judging judges

To help build “the rule of law”, China is demoting judges



“I WAS tired of it. I did not like the pressure, so I chose freedom.” This is how a former Chinese judge describes his decision to quit as president of a provincial court and take up a new job in academia. It would have helped if he had earned more. A judge with years of court experience makes as much as a well-paid college graduate—a fraction of what a lawyer could earn, or a law professor who does freelance work on the side. Hence many of China’s best-qualified court officials are quitting. The government, eager to show that it is building “rule of law”, is struggling to stop the haemorrhage.

Official statistics would seem to suggest that China is not short of judges. There are said to be around 200,000 of them, or more than 14 per 100,000 inhabitants. Each Chinese court has an average of around 60. By comparison, litigious America has 11 judges per 100,000 citizens. But in China many of those described as judges work in administrative roles, and many do not have law degrees. Well-qualified judges have thus found their caseloads soaring—but not their pay. They still earn the same as back-office colleagues who also, inappropriately, enjoy the title of judge. To the chagrin, no doubt, of some, President Xi Jinping’s fierce campaign against corruption, launched when he came to power three years ago, has reduced opportunities for taking backhanders.

Mr Xi’s anti-graft drive is part of a campaign to convince a cynical public that the Communist Party is bound by the law and wants it to be applied fairly. To achieve this, he is trying to reform the courts to allow justice to be dispensed more swiftly and impartially. Officials have been threatened with punishment if they interfere with cases. The pay of proper judges will be boosted substantially. The size of the increase has not been made public, but it is expected to be at least 50% at first. And their status will, in effect, be enhanced by downgrading the titles of lesser judges.

Not so easy

At a meeting of court officials in July, a deputy chief of the Supreme Court, Shen Deyong, said there would be “a series of challenges and difficulties” in implementing reforms. But he said that targets for sifting the ranks of judges would be strictly enforced. He ordered courts to begin evaluating their staff to see who should make the grade. In Shanghai, courts have been ordered to retain only a third of their judges. The rest are to be given new, more fitting, titles, such as “legal assistant” and “administrative officer”.

Given the heavy-handed way Mr Xi has tightened his personal grip on the levers of power, suppressed the media and intimidated independent lawyers, it is easy to doubt his commitment to the rule of law. But Susan Finder, an expert on China’s legal system based in Hong Kong, says that the reforms are nonetheless making a difference. The majority of court cases, she notes, do not touch on politically sensitive issues of the kind that independent lawyers often like to take up, such as abuses of power by local officials. It is therefore possible to improve the judiciary (not least in the eyes of the public) without threatening the party’s grip on power.

In political cases, few doubt the party will continue to put its thumb on the scales of justice. It does this through “political and legal committees” which co-ordinate the work of the police, prosecutors and judiciary at every level. The power of these committees reached a peak under Zhou Yongkang, who was the leader of the party’s most powerful body of this kind between 2007 and his retirement in 2012. Despite the recent sentencing of Mr Zhou to life imprisonment in a sensational corruption case, there is no sign that Mr Xi wants to abolish the committees—even if he would like to reduce their involvement in the decision-making of courts.

In civil and commercial cases, officials often interfere to protect their own interests, or those of friends or family. This causes much public resentment and is the main reason why thousands of petitioners head to Beijing every year to seek redress from the central government—a potential cause of social unrest that alarms the authorities. Last month measures were enacted that prohibit courts from heeding requests from “any organisation or individual” that would impede judicial fairness. Courts must now record and report promptly and fully on such requests, even oral ones, “so that the entire process leaves a trail, permanently preserved”.

To shield courts further from interference, responsibility for judges’ salaries and job assignments will shift from governments at the same level to higher-level ones. These are considered less likely to have a stake in the verdicts.

The reforms should greatly improve the working environment for those judges who keep their titles, as should the increase in salaries. That they are urgently needed is evident: in Shanghai alone, according to state media, 86 judges resigned last year—half of them with advanced degrees in law. The majority were younger judges who were among the system’s most highly prized. Between January and the end of March, another 18 had quit, amid double-digit growth in the number of cases being handled by the city’s courts.

As the title adjustments get under way, those who fail to make the cut will face a difficult choice: stay on with their diminished status or seek employment elsewhere. Coming out on the losing end of the evaluation process may not be a stellar credential. But the value of their powerful connections should still be worth something in the job market.

From the print edition: China


El Gobierno mexicano fija el salario mínimo en cuatro dólares diarios

México es el país de la OCDE con el menor sueldo establecido por ley. La medida afecta solo a un 3% de los empleados formales

Por primera vez en 98 años, el salario mínimo que cobran los trabajadores formales en México será único. La Comisión Nacional de Salarios Mínimos (Conasami) del país fijó el sueldo en 70,10 pesos diarios (que al tipo de cambio actual son cuatro dólares). Antes de la medida, el salario mínimo en México estaba repartido en dos áreas, la homologación prevé un aumento de solo dos pesos diarios (unos diez céntimos de dólar).

Aun así, México es el país de la OCDE con el menor salario mínimo, por detrás de Chile y Turquía, y la medida solo afectará a unos 751.000 trabajadores, apenas un 3% de la fuerza laboral en México que trabaja en el sector formal. La medida, según el ministro de Trabajo mexicano Alfonso Navarrete, busca atajar la pérdida de poder adquisitivo de los mexicanos.

A eso hay que sumar el dato que México es el país de América Latina con el mayor índice de informalidad. Un estudio de la American Chamber (Amchan) citado por Forbes indica que al menos el 50% de los mexicanos en edad de trabajar mantienen al menos una actividad en negro: sin contar con las prestaciones mínimas de la ley ni pagar los impuestos.

Esta situación alienta la anémica recaudación fiscal mexicana: el pago de impuestos de trabajadores representa solo el 18% del Producto Interior Bruto del país, muy por debajo del 33% que promedian los países de la OCDE. Los porqués de la baja recaudación responden a uno de los problemas endémicos de la sociedad mexicana: la corrupción. El 65% de los ciudadanos que declaran impuestos reconocen que han pagado a un funcionario un soborno para que “agilice” los trámites en su pago.

El panorama de la corrupción en México contradice su imagen de economía moderna y pujante. El país se sitúa en el sitio 103 del índice de Percepción de la Corrupción —88 escaños por detrás de Chile y 34 de Brasil, las otras dos mayores economías de América Latina— y es también el más corrupto de los 34 países que forman la OCDE. A esto se añade el abrumador índice de impunidad del país: un 98% de los delitos cometidos en México quedan sin castigo, según ha alertado la Comisión Nacional de Derechos Humanos.


Caída del petróleo reducirá un 2.25% el PIB de los países exportadores



El Fondo Monetario Internacional (FMI) considera que las débiles perspectivas de los precios de las materias primas, y más concretamente del petróleo, podrían restar hasta 2.25 puntos porcentuales a la tasa de crecimiento de los países exportadores en el período 2015-17, según recoge en su informe ‘Perspectiva Económica Mundial’.

En concreto, los análisis del FMI apuntan a que las flojas perspectivas de los precios de las materias primas podrían restar casi un punto porcentual anual a la tasa de crecimiento económico de los países exportadores de materias primas en el período 2015-17, en comparación con 2012-14.

Sin embargo, en el caso de los países exportadores de energía, se estima que la incidencia negativa sería aun mayor, de aproximadamente 2.25% de media durante el mismo período, debido a la marcada caída de los precios del petróleo en el último año.

La institución dirigida por Christine Lagarde resalta que las economías exportadoras de materias primas se encuentran en una “coyuntura difícil”, ya que los precios mundiales han disminuido marcadamente en los últimos tres años y el crecimiento del PIB se ha desacelerado “considerablemente” en las economías emergentes y en desarrollo.

En este sentido, advierte de que la desaceleración no es un mero fenómeno cíclico, sino que tiene también un componente estructural. “La inversión, y por consiguiente el PIB potencial, tiende a crecer a un ritmo más lento en los países exportadores durante las caídas de precios de las materias primas”, afirma.

En concreto, apunta que, de media, alrededor de dos tercios de la disminución del crecimiento en los países exportadores de petróleo durante una caída de precios de las materias primas suele corresponder al componente cíclico, mientras que el tercio restante tiende a ser atribuible al componente estructural y es consecuencia de la reducción de la inversión y el PIB potencial.

El FMI subraya que las mejoras de los marcos de política macroeconómica en la última década han permitido a los exportadores estar en mejores condiciones para hacer frente a una caída de precios de las materias primas.

Sin embargo, el Fondo incide en que la respuesta en materia de políticas debería ir más allá de la toma de medidas en el lado de la demanda y debería incluir también reformas estructurales para aliviar los restrictivos estrangulamientos en el lado de la oferta e incentivar el crecimiento de la productividad en las economías exportadoras.

En: economiahoy