Thread: Why the new Iraq is not a democracy.

Iraq is not an electoral democracy. Although it has conducted meaningful elections, the country remains under the influence of a foreign military presence and impairments caused by sectarian and insurgent violence. Under the constitution, the president and two vice presidents are elected by parliament and must appoint the prime minister, who is nominated by the largest parliamentary bloc. Elections are to be held every four years. The prime minister is charged with forming a cabinet and running the executive functions of the state. The parliament consists of a 275-seat lower house, the Council of Representatives, and a still-unformed upper house, the Federal Council, which would represent provincial interests. Political parties representing a wide range of viewpoints are allowed to organize and campaign without legal restrictions, but the Baath party is officially banned.

With one-fifth of the country’s population, the autonomous Kurdish region constitutes a distinct polity within Iraq, boasting its own flag, military, and language. However, its political leaders continue to profess their commitment to remaining part of a federal Iraqi state. The Kurdistan Alliance—a coalition of the two main Kurdish parties, the KDP and PUK, and a number of smaller parties—holds 53 seats in the national Council of Representatives, with an additional 5 seats held by the opposition Kurdistan Islamic Union (KIU). Since the constitution was approved by referendum in October 2005, this pivotal Kurdish political bloc has sought support from leading Shiite parties to implement the charter’s Article 140, which would open the door for a referendum on whether the oil-rich Kirkuk area should be incorporated into the Kurdish region. Most Sunni Arabs and advocates of a centralized state oppose that outcome. The referendum, which was scheduled to take place this year, has been postponed due to pressure from its opponents.

In the 111-seat Kurdistan National Assembly, the PUK and KDP each have 38 seats while the KIU has 9. The remainder are distributed among the smaller Alliance parties, which are fully or partially funded by the two main parties. Elections for the Kurdistan National Assembly are supposed to be held every four years.

The Independent Electoral Commission of Iraq (IECI), whose nine-member board was selected by a UN advisory committee, has sole responsibility for administering elections. Voting for the TNA in January 2005 and the constitutional referendum in October 2005 was certified as free and fair by international monitors. The December 2005 elections for a four-year government also went smoothly, though there was some insurgent violence. Sunni Arabs came out in greater numbers and increased their representation in parliament.

Iraq is plagued by pervasive corruption. The problem has seriously hampered reconstruction efforts, and it is estimated that 25 percent of donor funds are unaccounted for. A leaked U.S. State Department report in 2007 stated that anticorruption commissions had little enforcement capacity, the judiciary was extremely weak, and officials were subject to intimidation by Interior Ministry officers and extrajudicial militias. Iraq was ranked 178 out of 180 countries surveyed in Transparency International’s 2007 Corruption Perceptions Index.

Freedom of expression is protected by the constitution and generally respected by the authorities. However, it has been seriously impeded by sectarian tensions and fear of violent reprisals. Over a dozen private television stations are in operation. Although most are affiliated with particular religious or political groups, the nonpartisan station Al-Sharqiya is the most widely watched. Major Arab satellite stations are easily accessible, as roughly one-third of Iraqi families own a satellite dish. More than 150 print publications have been established since 2003 and are allowed to operate without significant government interference. Internet access is not restricted by the authorities, but only about 0.1 percent of the population has access.

Although the Iraqi media are not subject to direct government censorship, violent retributions against journalists have hindered their ability to report widely and objectively. Many have persevered in spite of such threats. As many as 206 journalists and media workers, most of them Iraqis, have been killed in the country since 2003. Dozens have also been abducted by insurgents and militias or detained without charge or disclosure of supporting evidence by U.S. forces on suspicion of aiding and abetting insurgents.

Legislation passed in 2006 criminalized the ridicule of public officials, and a number of Iraqi journalists have been charged with the offense. The Qatar-based Al-Jazeera satellite television station has been banned from working in the country since August 2004 for violating CPA Order 14, which prohibits media organizations from publishing or broadcasting material that incites violence or civil disorder. The government often threatened to shut down media outlets for “inciting violence” when reporting on sectarian killings in 2007. The Shiite-dominated Interior Ministry shut down a television station run by Sunnis for airing footage of protests against the December 2006 hanging of Saddam Hussein. The ministry also established a unit to monitor journalists and media outlets, to correct “false news.” Journalists faced prosecution if they refused the official correction. In May 2007, Iraqi lawmakers approved taking legal action against Al-Jazeera for allegedly offending Grand Ayatollah Ali al-Sistani. They also banned Al-Jazeera reporters from the Iraqi parliament building.

Broadcast media in the Kurdish north are dominated by the two main political parties, but independent print outlets and internet sites have arisen in recent years. Independent journalists are able to criticize powerful interests with more freedom than in the rest of Iraq, but those who offend local officials and top party leaders or expose high-level corruption are increasingly subject to physical attacks, arbitrary detention, and legal harassment.

Freedom of religion is guaranteed by the constitution, and religious institutions are allowed to operate with little formal oversight. However, all religious communities in Iraq have been threatened by sectarian violence, particularly after the bombing of the al-Askari shrine in 2006. Thousands of Iraqis have been killed by death squads, insurgents, and militias, and members of both major sects and minority faiths have been driven from mixed or isolated neighborhoods.

Given the Shiite majority presence in government, state preference has been given to protecting and funding Shiite holy sites and religious leaders. However, in an effort to repair sectarian relations, Friday prayers from Sunni mosques in 2007 were allowed to air on television for the first time since the 2003 invasion. Iraq’s Chaldean and Assyrian Christian minorities have suffered greatly from the sectarian violence, prompting Pope Benedict XVI and other religious leaders to make a special plea for their protection. Many Christians have fled Baghdad, often to the Kurdish north. Other minority sects, like the Yazidis and some Sufi orders, have also suffered attacks. In August 2007, al-Qaeda masterminded a terrorist bombing that killed over 400 Yazidis in northern Iraq, just outside the Kurdish autonomous region; it was the deadliest such attack in Iraq’s history.

Academic institutions operate in a highly politicized and insecure environment. Hundreds of professors and intellectuals have been assassinated for voicing their opinions or encouraging dialogue, or for sectarian reasons. Large numbers of educated Iraqis have fled the country, although the more stable Kurdish region has benefited from an influx of skilled individuals seeking refuge there.

Rights to freedom of assembly and association are recognized by the constitution and generally respected in practice. The constitution guarantees these rights “in a way that does not violate public order and morality.” Domestic and international nongovernmental organizations are able to operate without legal restrictions, though security constraints limit their activities in many regions. The lack of a legal framework and registration system for nongovernmental organizations also hinders their ability to function and attract donor funds. Peaceful demonstrations occurred frequently during 2007 without interference from coalition or Iraqi forces, except when they were in violation of curfews. Gatherings or rallies that violated anti-Baath strictures were considered illegal.

The constitution provides for the right to form and join professional associations and unions, although Iraq’s 1987 labor law remains in effect, technically prohibiting unionization in the public sector. Union activity has flourished in nearly all industries since 2003, and strikes have not been uncommon. In 2005, the interim Iraqi government promulgated Decree 8750, which gave authorities the power to seize all union funds and prevent their dispersal, with the promise of future laws to be passed under the permanent government. To date there have been no new labor laws passed, but a parliamentary committee (consisting of mostly pro-union lawmakers) was established to revise the decree and advance International Labor Organization–compliant labor laws drafted in 2004. Iraqi union leaders have vocally opposed the proposed national oil law.

Judicial independence is guaranteed in the new constitution. The Higher Judicial Council (HJC)—headed by the chief judge of the Federal Supreme Court and composed of Iraq’s 17 chief appellate judges and several judges from the Federal Court of Cassation—has administrative authority over the court system. In practice, however, judges have come under immense political pressure and have largely been unable to pursue cases involving organized crime, corruption, and militia activity. Since 2003, some 30 judges have been killed. The constitution stipulates that trials must be conducted in public “unless the court decides to make it secret.” The accused are “innocent until proven guilty in a fair legal trial.” According to a recent UN report, the “growing perception of impunity for current and past crimes committed risks further eroding the rule of law.”

Persons accused of committing war crimes, genocide, and crimes against humanity fall under the jurisdiction of the Iraqi High Tribunal (IHT), previously known as the Iraq Special Tribunal. The IHT statute does not explicitly require that guilt be proven beyond a reasonable doubt and lacks adequate safeguards against self-incrimination. Numerous irregularities were noted by international observers in the al-Dujail trial, which culminated in the execution by hanging of Saddam Hussein in December 2006.

The criminal procedure code and the constitution prohibit arbitrary arrest and detention, though both practices are common in security-related cases. There have been credible reports of illegal detention facilities run by the Interior Ministry and party-sponsored militias. The constitution prohibits all forms of torture and inhumane treatment and affords any victims the right to compensation, but neither coalition nor Iraqi authorities have established effective safeguards against the mistreatment of detainees, and allegations of torture by security services have been serious and widespread. KRG laws similarly prohibit inhumane treatment of detainees, but it is widely known that Kurdish security forces practice illegal detention and questionable interrogation tactics. Although the exact number fluctuated, over 24,500 Iraqis suspected of involvement in the insurgency were held by the U.S. military at any given time in 2007, before being released or handed over to the Iraqi authorities. Detainees in coalition custody have also experienced torture and mistreatment.

There is a critical lack of centralized control over the use of force in Iraq. Insurgents, militias, and criminal gangs, many with ties to government forces, were responsible for the mistreatment and killing of thousands of civilians in 2007. Human rights abuses by the security forces have taken on a sectarian dimension, fueling instability. Police recruits have themselves been a target of violence. The interior minister has attempted to stem abuses and militia ties among the police by firing thousands of employees, including an entire brigade, but the problem remains endemic. The frequent employment of martial law in attempts to stem growing insecurity grants sweeping powers of arrest and restricts basic freedoms.

Security improved somewhat in 2007 as the U.S. military boosted its presence and helped to establish “concerned local citizens” (CLC) forces—such as the Anbar Salvation Council—at the provincial, tribal, and local level. Coalition forces also began to arm former insurgents who turned against al Qaeda and sought to cooperate with the security forces. The CLC’s still have not been incorporated into the national security structures, and it is unclear whether their gains can be sustained once coalition troops withdraw. Fighting between Shiite militias, criminal gangs, and partisan security services in Basra and other southern provinces was widespread in 2007, as British troops completed their handover of security responsibility there to Iraqi officials.

There have been credible allegations of employment discrimination against Sunni Arabs and non-Muslim minorities in some government institutions, and many former Baath party members have faced difficulty obtaining state employment due to the overzealous application of de-Baathification policies. However, Sunni Arabs joined the Shiite-dominated security services, particularly the local police, in greater numbers in 2007; this trend was encouraged by the Anbar Salvation Council and other elements of the so-called Sunni awakening movement, which opposed al-Qaeda and sought a greater role for Sunnis in government. Minorities in northern Iraq—Turkmen, Arabs, Christians, and Shabak—have reported instances of discrimination and harassment by Kurdish authorities.

The constitution promises women equal rights under the law, and they are guaranteed 25 percent of the seats in the legislature. While women comprised 32 percent of the TNA, the portion dropped to 25 percent after the December 2005 elections. Public security for women remained a major problem in 2007. Women who held jobs, attended university, or went out in public unveiled were frequently harassed, and in some cases killed, by radical Islamist groups of both major sects. In the Kurdish region, women do not suffer the same harassment and are not forced to abide by religious codes or cultural restrictions. They are free to travel and are very active in political and civic life, although their political power is limited.

On a scale of 1-7 with 1 being the most democratic and 7 being the most authoritarian, Iraq scores 6 on political rights and 6 on civil liberties and is rated Not Free.

Freedom in the World
Country Report on Iraq
freedomhouse.org: Map of Freedom in the World

So why have we failed to bring democracy in Iraq?
Does democracy not work in Iraq?
Did the people in Iraq want democracy?