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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

Many Topics Including The Oldest Dinar Community. Copyright © 2006-2020


    Quota and minority rights in the Iraqi electoral system

    Rocky
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    • Post n°1

    Quota and minority rights in the Iraqi electoral system Empty Quota and minority rights in the Iraqi electoral system

    Post by Rocky Sat 17 Dec 2022, 5:15 am

    [size=38]Quota and minority rights in the Iraqi electoral system[/size]


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    December 17, 2022[You must be registered and logged in to see this link.]
    Baghdad / Obelisk: Saad Al-Rawi Books..
    Many electoral laws, including the Iraqi one, put in place a quota to ensure representation of minorities in parliamentary or local councils, but we see the persistence of complaints and waste of rights. Giving a seat in this or that council or increasing representation does not necessarily mean acquiring rights. It is necessary to know the reasons for their continuous complaints and address any harm or violation. For rights in a professional legal manner, and from here I will review in my paper these legal and judicial texts that emphasized the quota of minorities, and then we will write about raising problems and how to address them.
    Legal and judicial texts regarding minority quotas: –
    1- Article 15 of the Provincial and District Council Elections Law No. 12 of 2018 AD
    First: – The following seats are allocated to the components indicated opposite each component, in addition to the seats allocated to provincial councils that are not organized in a region: –
    A – (3) Three seats for Christians, Mandaeans, Sabeans, Kurds and Failis. Each component has one seat in Baghdad.
    B- (3) Three seats for each of the Christians, Yazidis, and Shabaks. Each component has one seat in Nineveh.
    C- (1) One seat for Christians in Basra.
    D- (1) One seat for the Faili Kurds in Wasit.
    E (1) One seat for the Mandaeans in Maysan.
    Second: - The seat is allocated to the list that gets the highest votes, and it is allocated to the candidate who gets the highest votes in the list.
    2- Iraqi Council of Representatives Elections Law No. 9 of 2020 AD.
    Chapter Four Electoral Districts
    Article 13 First: The House of Representatives consists of 329 three hundred and twenty-nine seats. (320) three hundred and twenty seats are distributed among the governorates according to their administrative borders until
    the general population census is conducted. Nine nine seats are distributed as a quota quota according to item
    (Second) of this Subject.
    Second: The following components are granted a quota that is calculated from the allocated seats, provided that this does not affect their percentage in the event of their participation in the national lists, and it will be as follows:
    a. The Christian component has 5 seats distributed among the governorates of Baghdad, Nineveh, Kirkuk, Dohuk and Erbil.
    B. The Yazidi component has 1 seat in Nineveh Governorate.
    c. The Sabean-Mandaean component has one seat in the Baghdad governorate.
    Dr.. The network component has one seat in Nineveh Governorate.
    e. The component of the Faili Kurds is one seat in Wasit Governorate.
    Third: The seats allotted from the quota for Christians and Mandean Sabeans are within one electoral district
    3- The seat distribution system issued by the Iraqi Electoral Commission 2021 AD.
    Article 3 Third:
    A- {The distribution of seats according to what the law has detailed}..etc.
    B - Allocated seats from the quota of Mandean Christians and Sabeans will be within one electoral district at the level of Iraq.
    C - The governorate in which a seat has been allocated to the components {Yazidi, Shabaki, Faili Kurds} shall be one constituency.
    D - In the event that the candidates of the components win the general seats, this will not affect the seats allocated to them in the law.
    4- The decision of the Federal Court of Cassation {2022-02-22 14:19: –
    The Federal Supreme Court (the highest judicial authority in Iraq) decided on Tuesday that the representation of minorities from the Yazidi sect, Shabak and Faili Kurds in the Iraqi parliament through quota seats is unconstitutional. In a statement received by Shafaq News agency, the court said, "For the purpose of activating the national role, achieving equality, and preserving the national unity of the Yazidi, Shabak, and Faili Kurds, the Federal Supreme Court decides that the representation of these components in Parliament is unconstitutional, and that they must be equal to the Christian and Sabian components."
    We will suffice with the above and try to read these texts in depth and review some of the problems and what are the proposals for the recognition of rights.
    A quick reading of the legal or judicial texts mentioned: –
    1. The texts mentioned do not mean that a breach or violation of the rights of any of these components occurred.
    2. These texts need many explanations and clarifications to complete the acquisition of rights for all minorities and others.
    3. All that is mentioned in the above paragraphs is proof of a seat here or more for this or that minority, and for the incomplete clarification of the minorities’ rights paragraphs, we find that these seats are easy to manipulate by large parties and coalitions, and thus the minority’s rights become in the wind or at the mercy of that parties.
    4. The voter register is general in which all the components and minorities of the Republic of Iraq are included. This makes it easy for the public of a particular party or coalition to vote for a specific candidate supported by one of the parties, as this party may take the seat of the component.
    5. The weakness of the democratic culture and human rights in general among Iraqis and minorities, and this made their interest in the elections weak and the selection of representatives worthy of taking rights and representing them in real representation.
    6. When there is no real representation of this or that minority, their rights will inevitably be questioned.
    Proposals to address these problems:
    1- In democratic countries, no one is above the law or outside accountability. The existence of this dilemma will remain an obstacle to every citizen taking his legitimate rights stipulated in the constitution and the laws in force.
    2- The country’s lack of parties and coalitions with national political projects that put all Iraqis under their tent without any difference or distinction is a major problem that cannot be solved by quotas or legislation pertaining to minorities. Here comes the role of national elites and competencies to ripen such political projects to end all grievances suffered by minorities and others.
    3- If it is difficult to establish an Iraqi ideological project, then a political project must be established for a group of minorities, either to bring them together, or each minority will have a political grouping and can cooperate with all minority groupings and form a unified coalition of minorities, provided that a joint project is prepared between them in detail and an internal system that clarifies all Work mechanisms, distribution of tasks and powers, and even the method of making decisions.
    4- Calling for a request to establish a voter register for each minority, to know its whereabouts and final numbers, and to distribute its seats fairly and equitably, not randomly.
    5- Upon completion of the voter register for minorities, a clause shall be placed in the electoral law not to allow non-registered persons to vote in the minority share of seats. This will limit the influence of large parties by instructing voters to vote for a candidate of a minority so that it takes the seat in its favor in the name of that minority.
    6- Adding other legislation with fairness to minorities, such as in governmental and independent positions, in local and national governments, even if they are temporary until parties with national projects are established and local and national governments are formed.
    7- Establishing a specialized institute or center for minorities that undertakes legal, democratic and human rights education, etc., for all citizens of minorities. It is possible to prepare a detailed paper in this regard, in cooperation with international organizations and specialized global centers.
    This is what I wanted to raise briefly on the subject of minorities and their rights, and the possibility of addressing the problems that we see in their reality in our dear country. Inevitably, there are other opinions and additions that can be integrated with what was presented here in order to complete rights and end grievances, so that a country with grievances will not be stable.
     
    Former Vice-Chairman of the Independent High Electoral Commission Council
    Writer and consultant specializing in elections
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