Iraq’s parliament passes new electoral law after months of protests

24-12-2019
Lawk Ghafuri
Lawk Ghafuri
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ERBIL, Kurdistan Region – Iraqi protesters are cautiously welcoming parliament’s approval of a new electoral law on Tuesday, after months of demonstrations led by youth demanding drastic reforms. 

The Iraqi parliament voted to pass the electoral law following weeks of debate over the new measures that have the potential to overhaul the country’s political system. Most of the disagreements between the political parties were over articles 15 and 16.

The articles give the people the freedom to vote for individual candidates rather than political lists and parties. Individuals must now obtain a minimum of votes to be elected and votes cast for losing candidates will no longer be given to their political list. 

The new law will also see parliamentarians voted for and representing electoral districts, rather than entire provinces as is the current system. 

The law passed despite most Kurdish MPs refusing to vote on the 50-article law as a complete package. In a press conference, the MPs called for more discussions and amendments to some measures within the law. 

The previous electoral laws gave political parties the power to transfer votes for losing candidates to others who needed a boost to meet the required threshold that would see them enter the parliament. The new law approved today means votes will be cast for individuals and not political lists, potentially lessening the influence of the established parties. 

The old laws were written by Shiites, Kurds, and Sunnis in 2005, during the writing of the constitution that was supervised by the US. The political parties have been using the laws and the constitution for their own interests for years.

The new laws do not give more space for women in the parliament, keeping the 25 percent quota. The Iraqi parliament consists of 329 seats with 84 reserved for women.

A new electoral law and reforms within the electoral commission are two of the key demands of protesters since October 25.

Youth of Iraq started nationwide protests in central and southern provinces on October 1 against corruption, lack of basic services, and mass unemployment. After a halt for the Shiite religious Arbaeen tradition, protests resumed on October 25 with fresh demands, including electoral reform and changing the parliamentary system into a presidential one. Protesters also demanded the resignation of the three presidencies – the prime minister, parliament speaker, president. Prime Minister Adil Abdul-Mahdi announced on November 29 that he was stepping down, though he remains in the role as caretaker until a new prime minister is named. 

The protests were met with lethal force by security forces and masked gunmen. More than 510 people, including protesters and security force members, have been killed and at least 17,000 people wounded since October 1.

Twin brothers Hassan and Raham who are protesting in Baghdad’s Tahrir Square, tweeted that the new electoral law was a partial victory, saying “We won this round.”

Other demands of the protesters are still to be met, including that the prime minister not belong to a political party and that all weapons are under the control of the state. There are more than 65 militia units operating under the name of the Popular Mobilization Forces (PMF, also known as Hashd al-Shaabi in Arabic).

The PMF was created in 2014 following a fatwa, or religious call to action, from Iraq’s highest Shiite religious authority, Ayatollah Ali al-Sistani, in response to the Islamic State (ISIS) insurgency. Although the PMF has been brought under the umbrella of the official Iraqi Security Forces (ISF), and measures have been taken to integrate the units into Iraq’s military apparatus, the PMF continues to act independently.

Several PMF commanders have been elected to the Iraqi parliament, many of them affiliated with the powerful Fatih bloc. The new electoral law did not restrict the participation of political parties that have armed wings. 

Following the resignation of Abdul-Mahdi, the political parties have been locked in talks to nominate a suitable candidate for prime minister. Several names have been put forward for the job, including current Higher Education Minister Qusai al-Suhail, by the Bina coalition.

The Bina coalition, which claims to be the biggest in the parliament, headed by Hadi al-Amiri, counts former Prime Minister Nouri al-Maliki and political parties affiliated with the PMF among its membership. 

On the other side, the Islah coalition has opposed the candidates offered by Bina and called for snap elections. The Islah coalition is headed by influential Shiite cleric Muqtada al-Sadr and includes former Prime Minister Haider al-Abadi.

It is unlikely that Bina, Islah or any political bloc can propose a candidate for prime minister who will gain the protesters’ seal of approval. The protesters have rejected the appointment of any prime minister who is part of the current political establishment. They demand the “old class” that has been ruling the country since the toppling of Saddam Hussein in 2003 leave power to make way for a new era. 

Sadr, who also leads his own militia, the Saraya al-Salam, welcomed the electoral law passed by parliament in a tweet calling himself the voice of the people, saying “another demand of the protesters has been met.” 

“Everyone is waiting for an independent and honest electoral commission; otherwise we won’t accept it,” he added.

The Iraqi Supreme Judiciary Council selected new members of Iraq’s Independent High Electoral Commission (IHEC) during a draw process supervised by the United Nations on Monday.

The IHEC will be supervised by the Iraqi Supreme Judiciary Council.

Seven who have been approved are Abbas Farhan, Jalel Adnan, Aamir Musa, Fayyadh Hussein, Ali Rashid, Inaam Yasin, and Fatah Mohammed. Two more will be appointed from the Kurdistan Region, once the Kurdistan Region’s Judiciary Council sends the names of its nominates to Baghdad.

An outside expert appointed by the United Nations will also join the IHEC. 
 

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