How Iraq’s electoral law favours the political establishmenthttps://en.majalla.com/node/289381/politics/how-iraq%E2%80%99s-electoral-law-favours-political-establishment
How Iraq’s electoral law favours the political establishment
With hard-fought changes to Iraq’s electoral law recently overturned, political challengers say they are being purposely placed at a disadvantage
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Speaker of the Council of Representatives of Iraq Mohamed Al-Halbousi chairs the session after parliament gives confidence vote to Cabinet led by Mohammed Shia al-Sudani, in Baghdad, Iraq on October 27, 2022.
How Iraq’s electoral law favours the political establishment
On 27 March, the Iraqi parliament voted to amend the country’s electoral law, amidst angry protests. Critics say the amendments reverse hard-fought political gains that came as a result of the October 2019 protests.
The changes mean that each governorate of Iraq is now considered a single electoral district instead of multiple districts which was practiced under the previous system and votes will be counted using the Sainte-Laguë method.
This method — named after a 20th century French mathematician — has been modified to divide the number of votes obtained by the winning coalition in the largest electoral district by the electoral quota of 1.7 instead of 1. The resulting numbers — that come from dividing by odd numbers (3, 5, 7) — will be selected for all other districts, and the number of seats will be determined accordingly.
The complex calculation method has angered many Iraqis who see it as unfair because the individual election system — where a single winner emerges — has been eliminated.
Mohammed Shia al-Sudani, makes a statement after parliament gives confidence vote to Cabinet led by Mohammed Shia al-Sudani, in Baghdad, Iraq on October 27, 2022.
Under the new amendment, only 18 electoral districts will be matched by the number of governorates instead of 83, as in the previous elections. Candidates outside of the establishment view the changes as a setback and a blow to their ability to access the political system.
The changes to Iraq's electoral law coincide with mounting public discontent in the Shiite-majority southern provinces. These areas are grappling with rising unemployment, the proliferation of militias who control border crossings, service contracts and reconstruction projects, and the deterioration of basic services.
This has translated into political apathy evidenced by the low turnout rate compared to the last elections which were held in October 2021.
In those elections, a new generation of young people emerged, dealing a resounding blow to the political establishment — many of which are aligned with Iran. These voters advocated for better relations with Arab and Western countries and adopting a more balanced approach to relations with Iran and the US.
Hundreds of Iraqis hold banners and shout slogans as they gather for a demonstration demanding justice for demonstrators killed during the 2019 revolt, at the Tahrir Square in Baghdad on October 01, 2021.
The recent moves are seen as an attempt to sideline independent parties who impressively secured 50 out 329 seats in parliament in the last elections.
"Forces that control the political process are always trying to craft systems that work to their benefit and ensure their stay in power," says elections expert Athir Idris.
The old electoral law reinforces sectarian and regional alliances, which Iraqis have been desperately trying to overcome in the past two decades.
The reversal of the electoral law ensures that major political parties maintain their seats even if an elected member resigns, passes away or moves to a new position. It also stipulates that whoever takes the place of that elected member comes from the same electoral list, whereas the previous law allowed the runner-up to replace the outgoing member.
"The tight control of the electoral process undermines the electoral system. It started with closed lists in the first elections, where voters could not select their candidate preferences. Then, the constituency became one electoral district, and eventually, the Sainte-Laguë formula was used to exclude emerging political forces," Idris explained.
A protester lifts a placard bearing a slogan in Arabic which reads "parliament dissolution is our demand" near the Green Zone in the capital Baghdad, on September 9, 2022.
Independents at a disadvantage
Political challengers find it difficult to form a single alliance because of their different leanings, platforms and positions. Additionally, these candidates quite often lack the funds to compete with dominant and often corrupt political parties. In Baghdad, for example, election campaigns are very costly — having to cater to the capital's large population (9 million).
Political challengers quite often lack the funds to compete with dominant and often corrupt political parties. In Baghdad, for example, election campaigns are very costly — having to cater to the capital's large population (9 million).
According to Idris, the ideal way forward is to open elections to small districts. This would help prevent election fraud and make it easier for local candidates who are in tune with the needs of the people to win and represent them in parliament — with more than one candidate running in each small district with a population of around 200,000 people. Simply, the candidate who receives the majority of votes would win.
Critics of the electoral law reversal say the Shiite Coordination Framework — which became the largest parliamentary bloc after the Sadrists boycott in June 2022 — is trying to win voters' favour by adding more jobs to the public sector.
Recent reports claim that 800,000 jobs have been added to the public sector, bringing the total number of state employees to more than four million — an astonishing 25% jump compared 2021.
A demonstrator lifts a banner during a protest near Baghdad's Green Zone on February 27, 2023 as the Iraqi Parliament convenes to amend the electoral law for governorate councils.
Federal Court appeal
Over 50 politicians from independent and emerging political forces have submitted an appeal to the Federal Court, seeking to annul the decision to reverse the amended electoral law. They say the vote was invalid because the Legal Committee did not review the draft before it went to MPs for voting.
Moreover, Hadi al-Salami, an independent member of the Council of Representatives from Najaf, said that during the protest against the law, armed forces stormed the Council of Representatives and forcibly expelled independent MPs.
Al-Salami believes the previous electoral system will hold parliamentarians accountable, ensuring that MPs serve the nation and future generations. Even some established Shiite parties (including some who have bought votes) — who suffered a shocking electoral defeat in Najaf — are now advocating for the single-district system.
