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THE ELECTION IN IRAQ: HOPE AND FEAR

by A.E. SOUAIAIA

January 2005

It is almost amusing to see many world leaders taking credit for an Iraqi election whose impact may not be known until the constitution is ratified through a public referendum in less than a year. More importantly, it must be remembered that this election was demanded by one man: Ali al-Husayni al-Sistani. So it is on his political and religious capital that this process is going to be judged. We all know that if the US had its way, the country will be governed by a hand-picked regime and the constitution would have been drafted by a US-picked body. Last year around this time, al-Sistani brought thousands of Shi`ites to the streets to oppose US plan to hand over sovereignty to some sort of Iraqi regime and entrust the task of writing a constitution to another caucus-appointed body approved by the US. That show of power by al-Sistani, the revolt by another Shi`ite movement affiliated with Muqtada al-Sadr, and the relentless attacks by the growing resistance in the Sunni areas forced Paul Bremer to transfer limited sovereignty to an Interim Iraqi government and allow the UN to architect an election plan that is acceptable to al-Sistani standards and timeline. Now we have reached that first step of establishing a relatively legitimate government. However, this process satisfied Shi`ite centers of power but it did not satisfy the demands of the Sunnis. Influential Sunni political entities were prepared to participate in an election as long as security was guaranteed. The armed resistance on the other hand, argued—as did al-Sadr movement before al-Sistani’s intervention in April 2004—that there should be no election under occupation.

As a consequence, on January 30, Iraqis participated (in various degrees of participation depending of the geography and affiliations) in a national election to elect representatives (a national assembly), which will elect members of a presidential committee: one President and two Vice-Presidents elected by at least two-third majority. The presidential committee is then expected to unanimously appoint a Prime Minister who will form a government. The government must be approved by the assembly. The elected representatives will also draft a national constitution which will be put for a public referendum. Once the constitution is adopted via a public vote, the assembly will be dissolved and a new political and constitutional process will start all over again to create the permanent institutions of Iraq.

By the numbers, nearly 14 million people were registered to vote. These voters had the opportunity to choose among 111 political entities. The political entities were individuals, parties, and coalitions of organizations. The voters did not vote for any particular person; rather, for a political entity that was given an ID number (ranging from 101 to 212), a name, and a slogan. Each of these lists of political entities contained actual names of its persons (that was unknown to the public) wherein after each two names, there must a woman’s name in order to ensure that regardless of which list end up winning more votes, that list will consist of at least 25% women. When the votes are counted, the lists will be given certain number of seats based on their performance in the balloting process. When all is said and done, a body of 275-member national assembly is established. It must be noted also that during the same election, voters also elected municipal (local) governments. In addition to these two elections, the Kurdish voters elected their own assembly.

This election is important not because it produces a new government; rather, because it produced a body that will draft a permanent constitution. In a sense, although this assembly indirectly appoints a new government to replace Allawi’s, the government and the assembly will dissolve upon the ratification of the constitution. For this reason, this election—historical as it may—is not the only chance for any group to have a say in the future of Iraq. This may be the last window however to end violence and foster a spirit of civility and tolerance in that country and end the occupation. There are a number of scenarios that might lead to this end result.

Despite the boasting of the high turnout of voters, clearly the Sunni areas were under different conditions. Even if they wanted to participate, the fact that the main political entity that might have represented them withdrew from the race makes it impossible to contend that the high turnout reflects Sunni participation. Because even if they did participate; they might have chosen from a list that did not include their real choice. Moreover, since the vote was one that treated the entire country as one district (for the national assembly vote), it is not possible to have a runoff election just in Sunni areas in a later date.

It is possible, however, that the political entity that ends up controlling the assembly and the government invite Sunni representatives to participate in the process. The success of such a gesture will depend on how the new government and assembly handle the security situation and the presence of the American troops. If some of the resistance factions are co-opted in the new security forces, enough Sunni representative participate in drafting of the constitution, and UN peace keepers made out in part at least of Muslim troops are invited to replace the coalition forces; Iraq could emerge from chaos very fast. The inclusion of Sunni representatives may sound arbitrary and non-democratic; but with broad consultation that will lead to real representation, it is hard for the Sunnis to continue a self-imposed political paralysis. After all, in one year, a new election will take place and they can have their say through the ballot then too.

If the results of this election are treated as to legitimize the rule of a new political entity to the exclusion of Sunni provinces, it is very possible that a civil war will take place and will result in the breakup of Iraq. If the independent commission and the observers certify that the election was fair and legitimate, it remains the case that Sunni communities were not under the same conditions as the Shi`ites and the Kurds during this election; and that by itself is enough of a reason for the Sunnis to question the mandate of the election.

No matter what the results are, this new government that will emerge from this long process will be the first government that was not picked by the US. The actual numbers will determine what kind of government the US will have to deal with but if this guess-work initial numbers put forth by members of the election commission are correct, it seems that not only Sunnis have boycotted the election but possibly so did the followers of Muqtada al-Sadr. If that is the case, that means that Kurds and Allawi’s list will receive more than expected votes; votes that do not reflect their actual political capital. This would force the top winners to resort to deal-making. Nonetheless, even if al-Sistani’s list wins a simple majority, it is highly possible that they will demand an end to occupation in order to deflate the resistance and entice more Sunnis to join in.

There is a window of opportunity for all involved. In fact, this may be the last chance for the US and the future Iraqi government to get things done and do them properly. Neither party can be greedy however. In the short run, the US may end up with less than what it hoped for. But with all the blunders such as the torture of Iraqi prisoners in the hands of US troops, the UK torture of detainees in the south of Iraq, the absence of all forms of weapons of mass destruction that pretexted the invasion in the first place; the only venue that might restore American moral authority is to allow any form of government and constitution to emerge in Iraq. Alternatively, the US could impose its will on the new regime and decide to maintain its military and political dominance; if that were to happen, the military conflict will persist, Iraq will certainly be divided, the US troops will retreat to the Kurdish areas, and the US will find itself in another South Korea-North Korea or Eastern Germany-Western Germany kind of arrangement except that it will be more hostile and more tense one.

Professor A. E. SOUAIAIA teaches at the UI.


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