A look at the proposed electoral law submitted by the Presidency

Main Platform news



Written by: Mekdad Sharifi

Some political circles and a number of those concerned with the elections deliberated on the draft law on the election of the House of Representatives, which was prepared by the Presidency of the Republic. The text of the draft (divided electoral districts on the basis of an electoral district for each district in the province, and the nomination is individual within the electoral district).

The adoption of any electoral system must have determinants determine the feasibility of its application or not, taking into account the two most important elements are the political and technical side.

The electoral system used in all elections in Iraq after 2003 is a proportional representation, which was proposed at the time by the United Nations, because of the nature of the colors of the Iraqi people and its components and minorities .. Usually the proportional representation system is adopted to apply in a model such as Iraq,

that leave The system of proportional representation and the tendency to the majority system in this way proposed in the draft law before going through several pre-emptive measures will cause problems and reflections on the political scene in the country in this sensitive section of time, and here is

what concerns us in the proposal of the law is the possibility of implementation on the ground or not.

The initiation of the adoption of any electoral system in any country in the world preceded by the knowledge of the infrastructure on which this system is based and in the absence of such structures can not be initiated any system even if it meets most of the aspirations, and the most important determinant of the electoral system in a country such as Iraq are two factors The first is the diversity in the spectrum of the Iraqi people and the other is the voter data and geographical distribution, which is expressed in the voter register, where the voter register is an important technical detailed through which it can be known whether the implementation of the system or not.

It is known that the Iraqi state does not have an institution containing a solid and integrated database for all its citizens to be relied upon in building a voter register as in the countries of the world .. The database that was relied on in building the voter register in all elections after 2003 is the card database The voter register was built on this database, despite the major problems it contained, as we have shown in previous articles.

The electoral division of Iraq into multiple constituencies at the level of the judiciary in light of the current voter register without going to an accurate census .. The impossibility of its application on the ground as stated in the proposal of the Presidency of the Republic for several reasons: _

1. The administrative boundaries between the districts are not fixed in proportion to the distribution of voters in the districts to reflect a true reflection of the voter register through which the law can be applied as in the province of Baghdad, Nineveh, Basra, Kirkuk, Sulaymaniyah, Dhi Qar and Diwaniyah

. Provincial problems causing the return of voters to any judiciary in the sense of any electoral district and thus can not achieve what he intended the draft law of the Presidency of the Republic

3. The existence of a conflict between the provinces on the administrative boundaries of some adjacent and overlapping districts among them, causing a problem of return Voters for any district and for any governorate. An example of this is between Baghdad and Anbar, between Baghdad and Diyala, between Salah al-Din and Kirkuk, between Diyala and Sulaymaniyah, between Anbar and Karbala.

4. The existence of a dispute over the return and boundaries of some districts, which are expressed in the disputed areas in Article 140 between the region and neighboring governorates and what will cause great problems to deepen the dispute in the case of the adoption of these areas multiple circles, unlike the adoption of the province and one district in which these Problems

5. It is difficult to apply the constitutional text for every 100,000 inhabitants represented in the parliament since more than 56 out of 163 districts according to the latest statistics of the Central Agency less than 100 thousand and therefore more than 34% could not be adopted electoral districts and thus can not apply Article 11 first Of the draft law considering each district as a constituency Elective?

6. The merger of the judiciary, which does not hold 100,000 people, with the neighboring judiciary is less numerous to achieve the constitutional principle as stated in the draft law in Article 14. Secondly, it cannot be fully achieved in all governorates, because there are districts below 100,000 that have no lesser judiciary. There is a district in the east of the governorate below 100 and the other fewer in the west of the governorates.The draft did not discuss other cases of a unique district in the governorate of less than 100 people how to deal with it and other cases also were not addressed according to the statistics specified in the Central Statistical Organization.

7. It is difficult to implement the quota of women according to the provisions of the draft law because the calculations contained therein apply to the electoral lists not in the individual nomination, although the texts in this regard are the same as in the system of distribution of seats for the elections in 2014 and 2018, which necessarily does not apply to What is presented in the draft law of the presidency.

All of the above prevented the holding of district council elections…. Otherwise, what is the reason that the elections of the district councils have not been held yet? It is always mentioned in the provincial elections law and requires the commission to hold it six months after the provincial elections, but the commission will not be able to hold it over the previous years due to the design of the voter register and the distribution of voters in a geography that does not depend on the administrative boundaries of the districts in most provinces.

The adoption of the majority system in the parliamentary elections with the adoption of the first winner as mentioned in the draft is very confusing that the first winner produces one winner from one constituency while in fact the large number of districts (districts) will produce more than one winner depending on the number of souls that may be 2 or 3 or 4 .. Etc. Thus, the path of the first winner does not fit into what is mentioned in the draft because the proposed method is the one voice is not transformed and not the first winner, which gives the number of winners for each district and not one winner.

The trend to consider Iraq ‘s multiple departments at the level of the judiciary can not be applied technically at the present time is not conducting a census accurate in which the required data , although it is more fair to achieve Aradah voter .. placed on the legislator to pay attention to this important thing ..

[3 : 10 m, 11/11/2019] Ali Wagih: Blog Article


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