Iraq’s new election law at the mercy of the Federal Court

Posted: November 16, 2013 in Iraqi Dinar/Politics
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14-11-2013

Iraqi parliament succeeded last week in the passage of a law legislative elections scheduled in April next after the long months of talks, have not gone hours on the adoption of the law until the voices objecting to it.

Objections issued by the political blocs, deputies and civil society organizations and experts revealed the existence of legal and constitutional loopholes which has being challenged before the Federal Court.

Even if Parliament Speaker Osama Najafi said, hours after the adoption of the election law during a press conference that “the completion of the election law came after the consensus of all the political blocs,” warning to challenge the law because “the consequences will be the consequences for Iraq.”

The main political blocs, which passed the law will remain in a state of anxiety until the elections scheduled on 30 April of next year, for fear of the feet of small blocks to complain about the law in Federal Court.

Highlighted the observations recorded by the experts and legal The election law violates Article 49 of the Iraqi Constitution, which stipulates that “the Council shall consist of Representatives of a number of members by one seat per one hundred thousand inhabitants of the population of Iraq”, according to data from the Ministry of Planning on the population of Iraq must be there 351 deputies in the parliament.

However, the election law to make the 328 parliament seats up only 3 seats on the number of MPs present, while the share of minorities will be 8 parliamentary seats.
There are ten seats are distributed among the major blocs, by 3 seats for the Kurdistan region, and 4 seats for the Shiite provinces, and one seat for the Sunni provinces and two provinces mixed population between Shiites and Sunnis.

This method of random distribution of the seats, raised the ire of a number of religious minorities, and local administrations of the provinces which gives parliamentary seats intact if the provinces that got the seats.

Minorities who objected to the law are all of the Shabak, Turkmen and Yazidis who have received parliamentary seat for each component, while the Christian minority was more fortunate when he kept the proportion and number of its five seats.

The MP says the Yezidi Sharif component Solomon’s “Talk,” “The latest statistics indicate that our numbers exceeded 600 thousand people, which means that we deserve six parliamentary seats in accordance with the Constitution but simply ignored blocs.”

He adds, “will not be silent on it and we will resort to the courts to stop this breach legal, where Snkadhi presidency of the parliament and raise a complaint with the Federal Court to challenge the law, because of the political blocs ignored the decision issued by the Federal Court in 2010 to reconsider the proportion of Aesidein.”

MP Arshad Salhi Representative component Aturkmenejo other board filed a complaint with the Federal Court to lift the injustice for Turkmens, and said the “debate” that “large blocs refuse to grant Turkmen or other minorities oppressed additional seat under various pretexts, but she allowed herself to distribute ten seats among themselves.”

And adopted the same attitude minority Shabak found in the law, prejudice against minorities, says former MP for component networking nostalgia Qadu for “discussion” that in the event “was on the large blocs to build a political system stable, it must reassure vulnerable minorities that are exposed to the marginalization of political attacks and security in time itself. “

Local administrations of some provinces and her deputies were among the objectors also on the law, which deprived her of increase parliamentary seats provinces of, and included specific provinces increase without the other.

Major political blocs tried hard to get a compensatory seats awarded outside the scope of the election of its leaders nominate want for these seats, I found another way to get the seats.

This method is embodied in the granting of some provinces, Sunni, Shiite and Kurdish parliamentary seats where additional awarded the three Kurdish provinces of Kurdistan (Erbil, Sulaimaniyah, Dohuk) three additional seats to the basic share.

And got the provinces of Karbala, Basra and Babel, Nasiriyah four seats evenly distributed among them, while Sunni province of Anbar got one seat, and got the capital Baghdad, Diyala Almokhtlttin the population between Shiites and Sunnis on the one seat each.

The irony ten provinces just got an increase in their seats outside the ratio of the population, while the 8 provinces were left without any increase, which raised the ire of these provinces.

Says MP for the province of Salah al-Din, Jubouri Koutaiba for “discussion” that “blocks awarded some provinces without other seats Despite the flag and the unconstitutionality of this distribution, which will push many complain when the Federal Court.”

The other error occurred when the political blocs regard to the conflict between the government and parliament on the powers years ago, where the prime minister has sought to strengthen his powers at the expense of parliament.

Maliki’s attempts resulted in the months before obtaining the approval of the Federal Court on the bills must be submitted exclusively from the government to the parliament for approval, nor Parliament has the right to propose approval of the law itself.

The problem that the new election law put forward initially as amendment to the election law of 2005 and amendments to the laws of the origin of the validity of the Parliament is not entitled to government objection, but the House of Representatives introduced the substance of the amendments is a 2005 law null and void, which means that the new amendments are proposed a new law which would expose him to appeal .

Article 47 of the new election law provided for the “abolition of the House of Representatives Election Law No. 16 of 2005, as amended.”

Says an expert on elections, Adel al-Lami, a former member of the Commission, for “discussion” that “Parliament put himself in an awkward position, when the abolition of the old law, the new law it is easy to challenge him and canceled.”

In addition to the legal and constitutional errors which occurred election law, there is political remarks made by a number of observers, most notably that the law adopted a system of “Saint Lego average” in the calculation of votes.

This system, according to a member of the Iraqi Communist Party Jassim Hilfi prevent small parties with secular and liberal backgrounds to get seats, while the large blocs will be Islamic and nationalist is acquired on all seats.

He says Hilfi for “discussion” that “large blocs vying with each other in everything except in one case, all agree and that is the marginalization of small parties through legal and illegal.”

He added that “all the large blocs agreed not to adopt a system of Saint Lego applied in local elections that took place on 20 April last year and got through small parties for seats in the provincial councils, but the large blocs decided to adopt a system of Saint Lego rate which differs from the St. Lego. “

And “St. Lego” is a special system for the distribution of votes dish in 1952 in Sweden and Norway, a system that prevents large parties of acquisitions on the votes of the smaller parties that not enough voters to win votes by counting according to the rates.

Large blocs approved a law contains many errors in the legal and constitutional elections considered by politicians and experts from the most important electoral processes that will be witnessing Iraq since 2003, the first elections to the parliament take place in the absence of the American army, which withdrew from the country by the end of 2011.

Says veteran Kurdish politician Mahmoud Othman for “discussion” that “the political blocs subjected to many pressures to accelerate the adoption of the law, most notably the lack of time and fears of a postponement of the elections on time, but the law came out and he does not do justice to some provinces and minorities in the country.”
The result is that the new election law gallery of appeal, and in the case was that the parliamentary elections will take place on schedule, has been delayed until 2015 until Parliament approves a new law which requires many months of negotiations between the two blocs.

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