IRAQI PARLIAMENT PASSES ELECTION LAW

UNCLAS SECTION 01 OF 03 BAGHDAD 002979 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KDEM PGOV IZ SUBJECT: IRAQI PARLIAMENT PASSES ELECTION LAW REF: BAGHDAD 2967 This message is Sensitive but Unclassified; handle accordingly. Not for distribution on the Internet. ¶1. (U) This message provides a correction to Reftel in para. ¶8. ¶2. (SBU) SUMMARY: On November 8, Iraq's Council of Representatives finally passed an election law that will enable Iraq to hold elections on January 21, 2010 -- five days later than originally planned but well within the requirements of the Constitution. In a significant milestone for Iraqi democracy, the election law calls for an open list election in multiple districts, a measure expected to enhance transparency of electoral politics and accountability of elected officials. Five percent of the overall seats will be allocated to compensatory or "at large" seats -- and eight of these nationwide seats will be designated for minority parties. The law includes specific provisions for voting for displaced persons, refugees, military, prisons, and hospitals. The provision on voting rules for Kirkuk was finally agreed after weeks of difficult, and sometimes harrowing, negotiations (septel). Technical experts continue to review the elements of the law, but UNAMI election experts give an initial indication that the law can be successfully implemented on time for elections to be held January 21. END SUMMARY. Extended Deliberations -------------- ¶3. (SBU) The law passed November 8 is an amendment of the 2005 election law (law number 16). Except where specific provisions were changed, the January 2010 election will be conducted under the terms of that law. In a dynamic, somewhat chaotic, session, 195 MPs proceeded through a series of "options" votes to define the terms of the law. The session was shown live on local television, with the public able to watch which parliamentarians voted for the new provisions. Size of Parliament, Compensatory Seats and Minorities -------------- -------------- ¶4. (SBU) The COR first took up the issue of how to determine the number of seats for the next COR, deciding on one seat per 100,000 inhabitants, per Article 49 of the Constitution, with the number of inhabitants based on the latest Ministry of Trade statistics. (Comment: We estimate this will make a COR of 323 members, though Iraqi policymakers will have to confirm this. End Comment.). Parliamentarians voted that five percent of the seats should be compensatory seats, and that of those seats, eight should be given to minority components as follows: five for the Christian component, one each in Baghdad, Ninewa, Kirkuk, Dahuk and Erbil governorates; one for the Yezidi component in Ninewa governorate; one for the Sabean Mandean component in Baghdad governorate; and one for the Shabak component in Ninewa governorate. Multiple Districts, Open List -------------- ¶5. (SBU) Parliamentarians then voted for the election to be conducted in multiple districts, according to the boundaries of the 18 provinces, with each district allotted seats proportional to the governorate population as per the latest statistics used for the Public Distribution System (food ration cards). Parliamentarians also determined that nomination of candidates shall be based on the open list system. The open list system as defined in the law requires that the party list may not be fewer than three candidates nor more than double the number of seats allocated to the electoral district. The voter may vote for only a party list or for a party list and a specific candidate. Individual Qor for a party list and a specific candidate. Individual candidacy is permitted. MPs also voted that vacant seats should be given to the winning lists based on the proportion of the votes they acquired. Special Needs Voting -------------- ¶6. (SBU) For military or personnel of the Ministry of Defense, the Ministry of the Interior and other security institutions, voting shall be conducted through special procedures set by the Independent High Electoral Commission (IHEC) and based on official lists provided by the relevant ministries no less than 60 days before election day. For inmates, detainees and prisoners, the Ministries of Justice BAGHDAD 00002979 002 OF 003 and Interior will provide lists of qualified voters no less than 30 days prior to election day. Patients and hospitals and other health institutions will be permitted to vote with special needs voters according to procedures to be set by IHEC. Voting for Displaced Persons and Refugees -------------- ¶7. (SBU) The COR voted to include a definition of an internally displaced person (IDP) that matches the definition used in the 2008 Provincial Election Law: "A displaced voter is an Iraqi who has been forcibly displaced from his/her permanent place of residence to another place inside Iraq after 9 April 2003 for whatever reason." Voting for displaced persons shall be conducted in accordance with the latest official statistics provided to the IHEC by the Ministry of Displacement and Migration (MODM) and the Ministry of Trade (Note: MOT administers the PDS food ration card system. End Note.) Displaced persons will have the right to vote in their place of original residence unless they have already transferred their PDS food ration card to the governorate where they currently live. As for out-of-country voting -- which includes voting for refugees -- parliamentarians voted that IHEC shall have the authority to formulate instructions for all out of country voting. Candidate Qualifications -------------- ¶8. (SBU) Parliamentarians also agreed on rules for who may run as a candidate in the upcoming elections. Candidates must be Iraqi citizens, legally competent and at least thirty years old. Candidates must hold, at minimum, a secondary school certificate or equivalent. Candidates must not have been convicted of a crime involving moral turpitude; may not be a member of the Armed Forces or security agencies at the time of candidacy; and shall not be covered by the provisions and procedures of the deBa'athification law. Candidates should be able to prove, by a judicial order, that they have not illegally accumulated wealth at the expense of the nation and public funds. Candidates may request the IHEC Governorate Electoral Office to provide him with the number of votes he received. Members of the COR are entitled to access all information related to the electoral process and vote counting systems in the electoral districts. Provisions for Kirkuk -------------- ¶9. (SBU) Parliamentarians then voted to accept the following special provisions for voting in Kirkuk. The elections in Kirkuk and provinces and other governorates with disputed voter registries shall be conducted according to the 2009 voter registry. Provinces with disputed voter registries are those where the rate of population growth has exceeded 5 percent annually. A request to contest voter registries in a specific governorate must be presented by at least 50 representatives and approved by a simple majority in the COR. The COR shall form a committee for Kirkuk province, and each province with a disputed voter registry, that shall consist of representatives of that province, as well as representatives from the Ministries of Planning, Interior, Trade and the IHEC, with assistance from the United Nations. The committee(s) will review and verify errors and increases in voter registries in accordance with official data and criteria contained in the final provisions of this law to correct the voter registry. The committee(s) will complete its work within a year of the date of its formation. Finally, the election results of Kirkuk province, or any province whose registries are questioned, before the Qprovince whose registries are questioned, before the verification process is complete, shall not be considered as a basis for any electoral process in the future or a precedent for any political or administrative status. ¶10. (SBU) MPs also agreed that the following standards shall be adopted as a basis for carrying out the special provisions for Kirkuk province. The difference between the number of registered voters in the 2004 registry before it is updated and the number of voters registered in the 2010 elections shall be determined. The verification process for additions in the years 2004, 2005, 2006, 2007, 2008, and 2009 shall be conducted by focusing on the following: (1) Populations increases (births, deaths, transfer of registration from the province) from 2004 to 2009, (2) Returning displaced individuals according to official records, and (3) Any demographic changes during this period. A scrutiny process shall be conducted to determine the validity and legality of records as well as any illegal cases. The difference shall be calculated and reflected in the number of seats. The number BAGHDAD 00002979 003 OF 003 of the Kirkuk members of the COR -- or a governorate with a disputed voter registry -- shall be determined through population ratios to be adopted by the Council after subtracting seats resulting from violations. The correct numbers of the province's seats shall be allocated and any numbers of registered voters over the province's numbers shall be added to the national share. HILL