Identifier
Created
Classification
Origin
09BAGHDAD1921
2009-07-15 16:45:00
CONFIDENTIAL
Embassy Baghdad
Cable title:
DRAFT LAW OUTLINES KEY OPTIONS FOR IRAQ'S NATIONAL
how-toVZCZCXRO5111 PP RUEHBC RUEHDH RUEHKUK DE RUEHGB #1921/02 1961645 ZNY CCCCC ZZH P 151645Z JUL 09 ZDK FM AMEMBASSY BAGHDAD TO RUEHC/SECSTATE WASHDC PRIORITY 3942 INFO RUCNRAQ/IRAQ COLLECTIVE
C O N F I D E N T I A L SECTION 02 OF 03 BAGHDAD 001921
SIPDIS
E.O. 12958: DECL: 07/14/2019
TAGS: KDEM PGOV IZ
SUBJECT: DRAFT LAW OUTLINES KEY OPTIONS FOR IRAQ'S NATIONAL
PARLIAMENTARY ELECTIONS
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* Missing Section 001 *
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BAGHDAD 00001921 002 OF 003
to add quota seats in Baghdad, Ninewa, Basra and Dohuk. For
Baghdad there are proposals for one or two seats for
Christians and one seat for Sabean-Mandeans. There is
another provision for Ninewa that allocates one seat to
Christians, one seat for Yezidis, and one seat for Shabaks.
Lastly, the draft sets one seat for Christians in both Basra
and Dohuk. (Note: In the 2005 national parliamentary
elections, there were no quota seats for minorities. Four
were elected -- two Christians (who each ran with
coalitions),one Yezidi (who ran with a Yezidi party),and
one Shabak (who ran as an independent). While quotas may be
useful for small minority groups like the Sabean-Mandeans
(Ref B),quotas can discourage political unity and coalition
building in larger communities (Ref C). End Note.)
--------------
How Many Seats?
--------------
5. (C) Article 8 of the draft law seeks to set the total
number of seats in the new parliament in accord with article
49 of the Constitution, which stipulates that there be one
legislative seat for every 100,000 Iraqis. In 2005, the
election law required the number of seats in the Parliament
to be determined based on the population data tied to the
number of food ration cards recorded in the Public
Distribution System (PDS),which resulted in the current 275
seats. Since Iraq's population has grown since 2005, this
led to some debate in Parliament as to what population
statistics should be used (e.g., an estimate by the Central
Bureau of Statistics, which plans to conduct a census later
this year). In the end, MPs seem to have agreed to use PDS
data again for the draft election law. According to UNAMI,
the new parliament should have 312 seats based on the most
recent PDS data from January 2009.
6. (C) Provisions for compensatory seats are also laid out
in the draft law; these seats can be used to increase
representation for minorities, depending on how they are
structured (Note: the effectiveness of compensatory seats
will depend on the electoral system and the size of electoral
districts as well. End note.) The current draft law calls
for either 10% or 18% compensatory seats. In 2005, all
out-of-country votes went toward 45 compensatory seats; this
may again be the case for the 2010 election law.
--------------
Displaced Persons and Refugees
--------------
7. (C) Voting for Internally Displaced Persons (IDPs) is
addressed in Article 17, using the 2008 Provincial Election
Law definition of an IDP: An "IDP is an Iraqi who has been
forcibly evicted from his permanent place of residence to
another location after 09/04/2003 and for any reason." There
is also a new provision that "IDP can vote for his original
constituency unless his ration card has been relocated to his
place of residence." UNAMI elections advisors recommend that
this sentence be refined to state that IDPs may have a choice
to vote by absentee ballot, which would technically satisfy
the intent of this statement.
8. (C) Refugees living outside of Iraq are addressed by
simple language in Article 40 on "Out of Country Voting."
The current draft says, "Voters abroad will vote according to
IHEC procedures." Privately, UNAMI technical experts have
advised that Independent High Electoral Commission (IHEC)
define the places where voting will take place in lieu of
opening a broad debate on out of country voting in the
Parliament. USG advisors from IFES and the Embassy's Office
of Constitutional and Legislative Affairs (CLA) recommend
that out of country voting be limited to neighboring
Qthat out of country voting be limited to neighboring
countries where the majority of Iraq's refugees live.
--------------
The Debate on Kirkuk
--------------
9. (C) Midway through the week, an argument over Kirkuk
disrupted the diligent progress in the ad hoc Elections
Committee. Several members of the committee are reported to
favor open list electoral systems, and with them, a multiple
district constituency. However, this arrangement would
require a definition of the electorate for every district -
including the province of Kirkuk. Similar questions about
Kirkuk derailed early efforts to draft a provincial election
law one year ago by the "July 22" group -- a loose coalition
composed of Hewar, Fadhila, Sadrists and part of Iraqiyya
that walked out on a draft provincial elections law on July
22, 2008 (Ref D). Now, elements of this group appear to seek
to link Kirkuk to the national election law, arguing that the
number of seats allocated to Kirkuk in a national election
***********************
* Missing Section 003 *
***********************
SIPDIS
E.O. 12958: DECL: 07/14/2019
TAGS: KDEM PGOV IZ
SUBJECT: DRAFT LAW OUTLINES KEY OPTIONS FOR IRAQ'S NATIONAL
PARLIAMENTARY ELECTIONS
***********************
* Missing Section 001 *
***********************
BAGHDAD 00001921 002 OF 003
to add quota seats in Baghdad, Ninewa, Basra and Dohuk. For
Baghdad there are proposals for one or two seats for
Christians and one seat for Sabean-Mandeans. There is
another provision for Ninewa that allocates one seat to
Christians, one seat for Yezidis, and one seat for Shabaks.
Lastly, the draft sets one seat for Christians in both Basra
and Dohuk. (Note: In the 2005 national parliamentary
elections, there were no quota seats for minorities. Four
were elected -- two Christians (who each ran with
coalitions),one Yezidi (who ran with a Yezidi party),and
one Shabak (who ran as an independent). While quotas may be
useful for small minority groups like the Sabean-Mandeans
(Ref B),quotas can discourage political unity and coalition
building in larger communities (Ref C). End Note.)
--------------
How Many Seats?
--------------
5. (C) Article 8 of the draft law seeks to set the total
number of seats in the new parliament in accord with article
49 of the Constitution, which stipulates that there be one
legislative seat for every 100,000 Iraqis. In 2005, the
election law required the number of seats in the Parliament
to be determined based on the population data tied to the
number of food ration cards recorded in the Public
Distribution System (PDS),which resulted in the current 275
seats. Since Iraq's population has grown since 2005, this
led to some debate in Parliament as to what population
statistics should be used (e.g., an estimate by the Central
Bureau of Statistics, which plans to conduct a census later
this year). In the end, MPs seem to have agreed to use PDS
data again for the draft election law. According to UNAMI,
the new parliament should have 312 seats based on the most
recent PDS data from January 2009.
6. (C) Provisions for compensatory seats are also laid out
in the draft law; these seats can be used to increase
representation for minorities, depending on how they are
structured (Note: the effectiveness of compensatory seats
will depend on the electoral system and the size of electoral
districts as well. End note.) The current draft law calls
for either 10% or 18% compensatory seats. In 2005, all
out-of-country votes went toward 45 compensatory seats; this
may again be the case for the 2010 election law.
--------------
Displaced Persons and Refugees
--------------
7. (C) Voting for Internally Displaced Persons (IDPs) is
addressed in Article 17, using the 2008 Provincial Election
Law definition of an IDP: An "IDP is an Iraqi who has been
forcibly evicted from his permanent place of residence to
another location after 09/04/2003 and for any reason." There
is also a new provision that "IDP can vote for his original
constituency unless his ration card has been relocated to his
place of residence." UNAMI elections advisors recommend that
this sentence be refined to state that IDPs may have a choice
to vote by absentee ballot, which would technically satisfy
the intent of this statement.
8. (C) Refugees living outside of Iraq are addressed by
simple language in Article 40 on "Out of Country Voting."
The current draft says, "Voters abroad will vote according to
IHEC procedures." Privately, UNAMI technical experts have
advised that Independent High Electoral Commission (IHEC)
define the places where voting will take place in lieu of
opening a broad debate on out of country voting in the
Parliament. USG advisors from IFES and the Embassy's Office
of Constitutional and Legislative Affairs (CLA) recommend
that out of country voting be limited to neighboring
Qthat out of country voting be limited to neighboring
countries where the majority of Iraq's refugees live.
--------------
The Debate on Kirkuk
--------------
9. (C) Midway through the week, an argument over Kirkuk
disrupted the diligent progress in the ad hoc Elections
Committee. Several members of the committee are reported to
favor open list electoral systems, and with them, a multiple
district constituency. However, this arrangement would
require a definition of the electorate for every district -
including the province of Kirkuk. Similar questions about
Kirkuk derailed early efforts to draft a provincial election
law one year ago by the "July 22" group -- a loose coalition
composed of Hewar, Fadhila, Sadrists and part of Iraqiyya
that walked out on a draft provincial elections law on July
22, 2008 (Ref D). Now, elements of this group appear to seek
to link Kirkuk to the national election law, arguing that the
number of seats allocated to Kirkuk in a national election
***********************
* Missing Section 003 *
***********************