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2008 Assessment

Iraq: Integrity Indicators Scorecard

Iraq: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	50
16	Are citizens able to participate equally in the political process?	35

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments:

References: Article 20, Iraqi Constitution.

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments:

References: Article 56, Iraqi Constitution.

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments:

References: "Iraqi Evidence of Voting Irregularities Clouds Mostly Successful Elections," Radio Free Europe/Radio Liberty (Mosul, February 2005).

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: In a press release from the UNAMI and the IHEC, the Chief Electoral Officer Judge Qasim Sachit was quoted as saying: "The 2009 elections will see for the first time the use of a voter list printed at the polling station level, one of the most significant anti-fraud measures to prevent multiple voting." Obviously, this new system is yet to be tested.

References: Struck, Doug, "Iraqi Parties Complain of Vote Irregularities," Washington Post (Dec. 18, 2005).

"62 days separate Iraq from the crucial provincial elections on 31 January 2009" Press Release from the IHEC and UNAMI. November 30, 2008. [ LINK ]

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: Disagreements occurred in the Iraqi legislature over a draft election bill's proposal for the formulation of the provincial council of Kirkuk. Although the law passed in the legislature, the President rejected of the draft election law in July 2008 saying that the majority of votes was not enough and demanding a better consensus from legislators. Subsequent delays in legislative debates led to the rescheduling of the October 2008 provincial level elections.

The provincial elections are now scheduled to be held on January 31, 2009.

References: U.S. Government Accountability Office Study, www.gao.gov/newitmes/d071195.pdf.

"Iraq provincial elections risk delay." Middle East Online. July 24, 2008. [ LINK ]

Peer Review Comments: There is a regular schedule to hold the national and branch elections.

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments: Both laws limits and bans former Baathist Party members from running in elections.

References: The De-Baathification Law, Coalition Provisional Authority (CPA).

The Accountability and Justice Law, Iraqi Council of Representatives (2007).

Peer Review Comments: Only those who are prevented by Iraqi law, i.e., the De-Bathification Law.

Peer Review Comments: Especially minorities, such as the Turcomans and the Assyrians, don't have the opportunity to be represented equally in Parliament.

Peer Review Comments: In practice, any group, or even a single person, can form a political party.

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: No leading member of the Baath party has the right to run for political office.

References: The De-Baathification Law.

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments: Both laws prohibit former Baath party members from running or forming political parties. However, more than 300 political parties registered for the 2005 national elections.

References: The De-Baathification Law, Coalition Provisional Authority (CPA), (2003).

The Accountability and Justice Law, Iraqi Council of Representatives (2007).

Iraq Index:Tracking Variables of Reconstruction & Security in Post-Saddam Iraq. Brookings Institute. July 31, 2008. [ LINK ]

16d: In practice, all citizens can run for political office.

Score:

100

Comments: The party-list system also prevents individuals from effectively entering politics without the strong support or patronage of political parties themselves.

References: De-Baathification law.

Moore, Solomon, "Uncertainty Surrounds New Iraq De-Baathification Law," www.iht.com/articles/2008/01/14/africa/baghdad.php (Jan. 14, 2008).

Allawi, Ayad. "How Iraq's elections set back democracy." [ LINK ] (2 Nov 2007)

Peer Review Comments: There is no such chance since there are rules and regulations preventing many individuals from running for a political office. The feud between factions and religious groups is the main reason for eligible persons to be ousted from the electoral system. Running for office is a matter of a bargain between religious and ethnic groups.

Peer Review Comments: Only some people are prevented from running for political office, such as Baath members.

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: As of November 2007 the make-up of the representation of coalition parties in legislature looked like this:

The United Iraqi Alliance had 83 seats, the Kurdistan Coalition had 53, the Iraqi Accordance Front had 44, the Sadrist Movement had 30, the Virtue Party (Fadhila) had 15 and the National Iraqi List had 25. There were also smaller coalitions represented such as: Iraqi National Dialogue Front (11), Islamic Union of Kurdistan (5), Liberation and Reconciliation Bloc (3), Message Carriers (2), Mithal Alousi List for the Iraqi Nation (1), Iraqi Turkoman Front (1), Yezidi Movement for Progress and Reform (1) and Al Rafadeen List (1).

In a report before the U.S. Senate's Committee on Foreign Relations in September 2007, the Government Accountability Office discussed concern over the role of ethnic factions in party formation in Iraq:

"The Iraqi government has not fulfilled commitments it first made in June 2006 to advance legislative, security, and economic measures that would promote national reconciliation among Iraqs warring factions. Of particular concern is the lack of progress on de-Baathification legislation that could promote greater Sunni participation in the national government and comprehensive hydrocarbon legislation that would distribute Iraqs vast oil wealth. In late August, Iraqs senior Shia, Sunni Arab and Kurdish political leaders signed a Unity Accord signaling efforts to foster greater national reconciliation. The Accord covered draft legislation on de- Bathification reform and provincial powers laws, as well as setting up a mechanism to release some Sunni detainees being held without charges. However, the polarization of Iraqs major sects and ethnic groups and fighting among Shia factions further diminishes the stability of Iraqs governing coalition and its potential to enact legislation needed for sectarian reconciliation."

The report also states that minority party legislators are protected even if the rights of citizen participants in minority parties remain "unprotected"

References: Iraq Index:Tracking Variables of Reconstruction & Security in Post-Saddam Iraq. Brookings Institute. July 31, 2008. [ LINK ]

Presto, Suzanne, "Iraqi Parliament Welcomes Returns of Sunni Politicians," New York Times/ Voice of America, www.voanews.com/english/2008-07-20-voa18.cfm (July 20, 2008).

GAO Testimony before the U.S. Senate Committee on Foreign Relations. Sept. 2007 [ LINK ]

Peer Review Comments: The opposition party sometimes has no effect on the final decision of the majority.