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Additional Political Entities Approved for Elections


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

Additional Political Entities Are Approved for the Iraq 2014 Parliamentary Elections

The Iraqi elections commission IHEC has now released a second PDF file of political entities approved to run in the April 2014 parliamentary elections. This list seems to be the final one after an initial list presented on the day when the deadline for registering parties expired seemed to contain some lacunae.

The list includes some big players that were absent in the first list. In addition to the Kurdish KDP, there is the Hiwar party of Saleh al-Mutlak from the Iraqiyya coalition and the Reform bloc of Ibrahim al-Jaafari, the former Shiite Islamist prime minister.

There are also further indications of persistent sub-division in Iraqiyya and the State of Law bloc of Prime Minister Nuri al-Maliki alike. Registering as separate tickets are Wathab Shakir (previously Unity of Iraq/Iraqiyya), Umar al-Jibburi (running independently in Kirkuk), Ali al-Sajri (previously Unity of Iraq) and Saad al-Mutalabi (reckoned as a Maliki ally).

Other Shiite players with their own entities include former oil minister Ibrahim Bahr al-Ulum, Basra secularist and sometimes autonomist Wael Abd al-Latif, as well as the tribal figure Karim al-Muhammadawi (“Lords of the Marshes”) whose party, Hizbollah, is unconnected with its Lebanese namesake.

The next milestone is now the deadline for forming coalitions next week. It is quite remarkable that despite the regional and sectarian tensions brought about by the Syrian crisis, Iraqi Shiites are in no rush to form a unified alliance, quite unlike the situation in 2009.

As of today, it seems more likely that there will be a Maliki front and one or two challenging coalitions. Such a scenario would in itself send a positive message at a time when political violence continues at an elevated level.

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List of Political Entities for the Elections


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

The Iraqi Elections Commission Publishes the List of Political Entities for the 2014 Parliamentary Elections

Coinciding with the expiry of the extended deadline for registering political entities for the April 2014 parliamentary elections (and following approval of changes to the electoral system), a list of 142 entities certified by the Iraqi elections commission so far was released today. It is possible that there will be last minute additions, but most of the big players are included, suggesting the list gives a good picture of the parties that will take part in the elections.

That being said, one should perhaps not look to this list with too much in the way of expectations about answers to what the political landscape will be like in the next general elections in Iraq. During the run-up to the previous elections in March 2010, it became clear that it was the subsequent announcement of coalitions – expected to take place in December this year – that proved significant as a harbinger of the electoral frontlines.

Nonetheless, it is worth taking a closer look at this material. Starting with the Shiite Islamists, all the big parties are in there, and there is also evidence of the persistence of some of the internal subdivisions within the State of Law alliance that came to the fore in the local elections this year.

Thus, firstly there are Ahrar (Sadrists), Risaliyun (Shahmani), Fadila, Badr, Hizbollah in Iraq (Sari), Muwatin (ISCI), Iraq National Congress (Chalabi), Muwafaq al-Rubayie, Daawa (Tanzim al-Dakhil), Daawa (Maliki), Daawa (Tanzim al-Iraq), Daawa (Haraka), Independents (Shahristani), as well as State of Law somewhat incongruously registered as an “entity” in the name of Haydar al-Abbadi (the same thing happened before the local elections and it is a little unclear why they are registering the coalition as a party).

Independent Sabah al- Saadi, formerly of Fadila and with notoriety for his battle with PM Maliki has his own party; the Shaykhi subsect of Basra is also running an entity of their own (Amir al-Fayiz). And then there are small parties of people with ties to State of Law: Ali al-Dabbagh, Shirwan al-Waeli and Haytham al-Jibburi. Some of these managed to win seats in the local elections in April.

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Uncertainty about Changes to Electoral System


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

After the Passage of Changes to the Iraqi Electoral System, Uncertainty about Their Legal Status

Ever since the Iraqi parliament passed changes to the Iraqi electoral system on 4 November, doubt regarding the exact status of the action by parliament has lingered. In theory, the legal uncertainties concerning the nature of the piece of legislation passed by the government are such that parliamentary elections – now scheduled for late April 2014 – may be postponed or even canceled in a worst case scenario.

A juxtaposition of two snippets from the Iraqi parliamentary website – one on the day of the passage of the changes, and another featuring the website as it is today – highlight some of these ambiguities. On the day the law was passed, parliament published a legal text with the headline “law proposal for the revision of the electoral law no. 16 of 2005”. Conversely, today the headline for the same law simply reads, “election law for the Iraqi national assembly”.

The more recent version of the document is helpful in sorting out some contradictions that were present on the day the law was issued. In particular, it seemed strange to call the legislative act an amendment of the existing law, since article no. 47 of the newly passed piece of legislation specifically abrogated the law from 2005! But whereas semantics may be to blame in that respect, the distinction between a “law proposal” and a standard law is not so easily resolved.

That is so because over the past couple of years, the Iraqi supreme court has developed something of a pet issue regarding the exclusive right of the executive power in Iraq – the cabinet and the president – to introduce legislative projects to parliament. An independent right of parliament to initiate legislation is not recognized, and the court has consistently struck down as unconstitutional all “law proposals” that have been brought to its attention, always citing article 60 of the Iraqi constitution.

It seems clear from all accounts that the new Iraqi electoral law that was passed last week was indeed a mere “proposal”. It reportedly originated from the legal committee in parliament. As such, it has not passed through the executive power, and it would be perfectly analogous and compatible with past precedent to have the law struck down as unconstitutional by the supreme court if anyone complained.

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Iraq Amends Its Electoral Law


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

Iraq Amends Its Electoral Law and Is Ready for Parliamentary Elections in April 2014

Iraq has finally amended its electoral law, paving the way for general elections to go ahead no later than 1 May 2014.

The most significant change to the electoral law concerns the seat distribution method. Following a supreme court ruling that deemed the previous largest-remainder principle unconstitutional, a more proportional, so-called modified St. Lague method will be used to calculate seats. This gives smaller parties slightly better chances to win seats than under the previous system.

Other major systemic changes that were on the table were all dropped. There will be no change to the open-list system, nor will there be any revision to a single, nationwide electoral constituency, which the Kurds had pressed for.

Instead, there are minor adjustment to the seat distribution between governorates. The seven seats that were distributed to the winning blocs at the national level in 2010 have been allotted to governorates instead, and three extra seats have been added to the mix. The governorates that won one extra seat each are Baghdad, Basra, Dhi Qar, Babel, Karbala, Anbar, Diyala, Erbil, Dahuk and Sulaymaniyya. The eight minority seats remain the same.

It is noteworthy that in this way, the Kurds came best out of the new apportionment. Compare with 2010, where the Kurds eventually won one of the seven national/compensation seats, or 14%. This time they are guaranteed a third of the ten seats that are allotted on top of the 310 seats that are distributed based on population statistics. Kurdish assertiveness in this question in turn reflects their historical dissatisfaction with the ministry of trade statistics (based on ration cards) used to determine the number of deputies per Iraqi governorate.

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Parliament Seeks Electoral Compromise


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

As Maliki Visits Washington, the Iraqi Parliament Seeks Electoral System Compromise

As Prime Minister Nuri al-Maliki visits Washington, highly polarized narratives about the nature of his rule in Iraq compete for attention. Maliki himself focuses on reintegration in the Arab world, growth in oil production, and a modicum of internal stability that is only disturbed by the situation in Syria.

Some American senators see things very differently, accusing him of authoritarianism and a failure to create a truly inclusive government. In the most extreme iteration of this point of view, Maliki is seen as contributing to the problems in Syria because of the ways Iran is allowed to use Iraqi territory in their efforts to bolster the Assad regime.

It may be worthwhile to use current developments on the Iraqi political scene – unfolding day by day as Maliki visits Washington – as a yardstick for evaluating these very different interpretations of his premiership. These days, Iraqi politicians are busying themselves with amendments to the country’s electoral system.

They are trying to pass a brand new election law that will incorporate changes to the current law from 2005 following criticisms from the federal supreme court. If this fails, they will simply make yet another amendment to the existing one – but the independent electoral commission IHEC has warned that it needs to do so fast in order that technical preparations can be completed before elections can go ahead in April 2014.

The optics of this aren’t entirely unfortunate for Maliki. Far from intervening in the squabbles in the Iraqi parliament which began this week and continue on Saturday, he is far away in Washington, not at all fitting the description of him as a paranoid, control-freak autocrat that is terrified of challenges to his rule. The debate about the election law itself has also degenerated into basic haggling over seat allocations to the various provinces, quite similar to what we saw in the autumn of 2009.

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Parliament to Resume Debate on Electoral Law


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

It’s almost four years since Iraq’s general elections of 2010 and new elections are scheduled for early 2014. Iraq wouldn’t be Iraq if there wasn’t some kind of problem on the political horizon, and this time it consists of changes to the electoral law that need to be done in time in order that the electoral commission (IHEC) can starts its technical preparations for the ballot. The Iraqi parliament has given itself until 30 October to adopt the changes, and the debate is scheduled to start this coming week of 21 October.

The immediate reason there has to be changes to the election law is simple. A federal supreme court ruling from June 2010 decided that the current system of seat distribution using the largest remainder principle in a proportional system of 18 multi-member constituencies was “unconstitutional” and that a more proportional system would need to be adopted.

In line with this, the Iraqi parliament made changes to the local elections law before the provincial elections earlier this year, by introducing the Sainte Lague method for distributing seats.

The reason the current law was deemed unconstitutional was that its use of the largest remainder principle was found by the supreme court to be in conflict with one of the basic axioms of the Iraqi constitution, which says that no law that contradicts the principles of democracy can be adopted. This conclusion by the court is both esoteric and astonishing.

In what amounted to a mutual ball-gag between the Shiite Islamists and Kurds that crafted the new Iraqi constitution in 2005, “principles of democracy” as well as the “basic tenets of Islam” were given status as the unalienable main points of reference for all Iraqi legislation. This arrangement was useful there and then since the political process got moving (and quite a few American academics waxed lyrical about it); however, it was probably never intended to be taken very literally given the abstract nature of the concepts referred to.

And it seems truly wild for the supreme court to extrapolate from the very general “principles of democracy” – whatever those may be – to a level of detail where it is suggested that the Sainte Lague method for distributing seats is somehow “democratic” whereas the largest remainder method isn’t.

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Supreme Court Annuls Article 23 Re Kirkuk


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

Somewhat in the shadow of the recent decision by the Iraqi federal supreme court to strike down a law limiting the terms of the prime minister, another crucial decision has been taken by the court in relation to the disputed city of Kirkuk.

Technically speaking, this latest decision consists of a ruling that deems one article of the provincial elections law from 2008 unconstitutional. The article in question is number 23, which stipulated arrangements of quotas and power-sharing in the local government as well as a procedure whereby a parliamentary committee would arrive at special electoral arrangements for Kirkuk, which has not held local elections since January 2005. These stipulations have now been struck down, reportedly after a complaint from the Kurds filed only a month ago.

Since the court decision itself remains unpublished, exactly as in case of the ruling on the terms of the prime minister, we may only second guess the court’s rationale for acting the way it has. However, the most likely official reasoning for striking down the law could relate to the court’s past outspoken dislike of quota arrangements, which it considered before the great debate on the parliamentary elections law in 2009 when Kirkuk was also an issue.

According to the court, the only quota arrangements that are sanctioned by the Iraqi constitution are for women as well as minorities – and crucially, the latter means minorities only when they are very small minorities that would risk no representation at all if quotas were abolished. There is of course a special irony if the argument against quotas is now being used in Kurdish favour in Kirkuk, since the Kurds have been the most consistent advocates of quotas in Iraqi politics since the 1990s.

However, in Kirkuk it wanted to persevere with the same electoral arrangements as in every other governorate, thereby using its increasing demographic clout. The court’s latest decision will make it easier for the Kurds to have it their way.

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Court Strikes Down Law on Term Limits


By Reidar Visser.

The following article was published by Reidar Visser, an historian of Iraq educated at the University of Oxford and currently based at the Norwegian Institute of International Affairs. It is reproduced here with the author’s permission. Any opinions expressed are those of the author, and do not necessarily reflect the views of Iraq Business News.

The Iraqi Supreme Court Strikes Down Law Limiting Prime Minister Terms

The Iraqi federal supreme court has this week made a decision that renders invalid a law passed by the Iraqi parliament earlier this year that attempted to block a third term for Prime Minister Nuri al-Maliki.

First, two notes on the general debate about this latest decision are in order. Firstly, the supreme court has not “vetoed” the law, or “rejected a draft” as AP put it. No one vetoes laws in Iraq after the transitional presidency council disappeared in 2010. The law was already published, and, theoretically, in force. In striking it down, the court deemed it unconstitutional after a specific challenge had been mounted against it by supporters of Prime Minister Nuri al-Maliki.

Second, it should be noticed that the Iraqi supreme court has become rather erratic in its official communications lately. In a trend that has afflicted several Iraqi government websites (including most recently that of the parliament), what was formerly a useful website has become the victim of a fancy upgrade that severely restricts its readability (and the access to past rulings). Accordingly, information about this latest ruling must at the current stage be glanced from secondary reports in the media.

The chief question regarding the court’s decision is what argument was used for striking the term-limit law down. Most reports cite an argument used by Maliki’s supporters that no such term limit exists in the constitution as far as the prime minister is concerned, whereas a specific limit occurs with respect to the presidency of the republic. Had the framers of the constitution wished for a limit, the argument goes, one would have been explicitly included.

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