The
Iraqi election "bait and switch":
faulty poll
will not bring peace or US withdrawal
Project
on Defense Alternatives Briefing Report #17 - 25
January 2005
Carl
Conetta
The Commonwealth Institute, is an independent, non-profit, non-governmental public policy research center doing critical studies in the fields of international security, inequality and poverty. The Institute is located in Cambridge, Massachusetts, USA.
INDEX
1. Introduction
1.1. Bait and switch
1.2. Democracy and legitimation
2.
Tilting the field of play
2.1. The fog of democracy
2.2. The advantages of the favored expatriate parties
2.3. The differential impact of poor security
2.4. Expatriates triumphant
2.5. Likely electoral outcomes and their significance
2.6. An election bound to breed suspicion
2.7. The road not taken: essential features of a democratic
electoral process in Iraq
3. After the ballot: the limits of Iraqi freedom
3.1. Detour on the way to forming a government
3.2. Factors weighing on the formation of a government
3.3. US military withdrawal: a moving goal post
3.4. America's enduring influence
4.
The Sunni problem
4.1. Local power and single district elections
4.2. The price of national unity
4.3. De-Baathification, insurgency, and Sunni electoral
participation
Addendum 1. Iraqi attitudes on the
coalition, occupation, force withdrawal, and appointed Iraqi
governments
Addendum 2. Democracy Derailed: The
Iraqi National Conference, August 2004
1. Introduction
President Bush was correct when he
asserted on 2 December 2004 that it was "time for the Iraqi
citizens to go to the polls."(1) Indeed,
it is long past time. Elections should have occurred a year or so
after the fall of the Hussein regime. But the fact that they are
overdue does not mean that an adequate foundation for meaningfully
democratic elections has been laid. It has not. Unfortunately, the
balloting due to take place on 30 January will not fulfill the
promise of democracy nor satisfy the Iraqi passion for
self-determination. For these reasons, it cannot bring peace. It
is more likely to exacerbate civil strife.
Much
attention has been focused on the problem of Sunni participation
in the election, and rightly so. The election is supposed to
figure centrally in the process of uniting the Iraqi nation and
formulating its constitution. It is supposed to serve and embody a
process of consensus building. But the abstention of any
substantial part of the Sunni (or any other) Iraqi community - for
any reason - undoes this central purpose and indicates that
the necessary pre-conditions for the election have not been
established. To proceed regardless of this fact is to revise the
primary reason for conducting elections. And, indeed, the
discourse on the election has shifted to place greater emphasis on
its role as a weapon in the war of will and propaganda with Iraq's
insurgents. Thus, delay is called tantamount to defeat. This
raises the question of what comes first in deciding the policy on
elections: the requirements of democracy or those of
counter-insurgency?
1.1. Bait and Switch
The
problems with the Iraqi election process do not end with the Sunni
community. Relevant to all of Iraq's communities, the process as
currently designed is little more than a "bait and
switch" ploy.
The "bait" is the promise that by casting ballots Iraqis
can reclaim their government and their sovereignly. With regard to
governance, opinion polls have made clear what most Iraqis would
like to see happen straight away. The polls leave no doubt that a
majority (1) have lost confidence in the foreign-appointed Interim
Government and (2) now want a quick end to the US military
occupation and to the overbearing American influence that it
undergirds. To put the matter bluntly: they want the United States
out and do not trust the governing authorities it has put in
place. Few sentiments unite Sunni and Shiite Arab majorities as
well as these two. And these expressed sentiments can serve as a
touchstone or litmus test for how well the elections fulfill their
democratic promise. (See Addendum 1: Iraqi attitudes on the
coalition, occupation, force withdrawal, and appointed Iraqi
governments.)
Regardless of the balance of opinion among Iraqis - which is
increasingly anti-occupation - the election will probably
lead to a reassertion of something resembling the current status
quo. This constitutes the "switch": Most Iraqis will go
to the polls expecting to achieve one thing while actually
legitimizing a different outcome. The advantages conveyed to
select candidates and parties by the US mission will prove to be a
pivotal input in deciding Iraq's future.
Certainly, the new national assembly
will have a more Shiite complexion than the bodies that preceded
it -- as is preferred by a majority of Iraqis. However, the
government this assembly finally produces - that is, the
Presidency Council, the Prime Minister, and the "power
ministries" - will harken back to previous governing
arrangements. The new executive bodies will prominently involve
many of the same expatriate leaders and parties that the United
States has advanced since it took control of Iraq. And, of course,
the US occupation will not end. Indeed, no firm, near-term
withdrawal date will be set. Most likely, the new government will
link withdrawal loosely to the seating of a permanent
government - a year or more in the future. But any
"withdrawal schedule" that does not require that
preparations for withdrawal get underway soon can only be regarded
as tenuous or prospective.
One need
not hypothesize a sudden and radical change of heart among the
Iraqi electorate to foresee these outcomes. As explained below,
they are determined by (1) structural features of the electoral
process itself, (2) the circumstances in which the election is
occurring, and (3) the broader balance of power in Iraq, which
remains a country occupied by an actively partisan foreign power.
In short: both the structure and context of the political process
will likely frustrate the will of the people. The election as
currently designed is not merely "flawed." It is part of
a counterfeit process that will impede the development of a truly
sovereign and stable Iraq.
For the Sunni community, in particular, the democratic promise of
elections has already been negated. For them, not even the bait is
savory. As explained below, the elections offer the Sunnis a
Hobson's choice -- ie. no choice at all: either participate and
(thereby) legitimize a process that does not offer a solid
guarantee of adequate representation in parliament or do not
participate and risk an even less appealing outcome: decisive
Shiite control of the Iraqi state.
1.2. Democracy and
legitimation
The
election will succeed in one important respect: it will confer
greater legitimacy on the Bush administration's project in Iraq.
This will allow a more vigorous prosecution of the
counter-insurgency war.
The legitimizing effect of the electoral exercise will rest on a
simple misperception: Balloting is the most conspicuous
element of the democratic process and can be easily mistaken for
the whole of it. The world and the media will be enthralled
when millions of Iraqis go to the polls on 30 January 2005 to cast
votes in the country's first multiparty legislative election since
1953. Some Iraqi voters will have to fight their way, literally,
to the ballot box; and some will be killed in the process. This
mass expression of democratic passion will be proffered and
broadly accepted -- at least outside Iraq -- as a realization of
democracy's promise. But to judge the true worth of the event
requires us to pay attention to a subtler issue: Will the
balloting and the government it produces fairly represent the
balance of interests and opinion in Iraqi society?
Inside Iraq, optimism will initially greet the election's
conclusion, but it will soon sour. Outside Iraq, the gains for the
Bush administration policy may be more lasting. Many of the state
and institutional opponents of the war and occupation - France,
Germany, and the United Nations - may see an opportunity to
"honorably" make peace with the American project. As the
US congressional assault on UN General Secretary Kofi Annan
illustrates, Washington has kept the price of opposition
uncomfortably high.(2) The
balloting may also fundamentally reshape the media's perception of
events in Iraq.
In brief: the election will be a triumph of international
legitimation, if not one of democratic practice.
******
In the sections that follow we examine:
- First, those general features of the electoral process that
will shape and limit the outcome of the 30 January ballot,
regardless of the intentions of the electorate.
- Second, those factors that will (1) steer the new National
Assembly back toward the status quo as it moves to
select Iraq's future executive body and top ministers and that
will (2) thereafter constrain and channel the decision-making
of the new government.
- Finally, we will review those features of the electoral
process specifically relevant to the Sunni community that have
led portions of it to reject or abstain from it.
2. Tilting the field of play
2.1. The fog of democracy
For all Iraqi communities, the
immediate outcome of the 30 January ballot will be significantly
shaped by two factors:
- Utter confusion will cloud
the voters' choices.(3) Many Iraqi
voters will not know who or what they are voting for. This,
due to the structure of the voting process, the composition of
the choices put before voters, and the utter inadequacy of the
party development, voter education, and electoral campaign
processes. There is no good excuse for any of these shortfalls
-- especially after 22 months of occupation. Why the Bush
administration and Iraqi authorities would countenance such a
chaotic enterprise can only be understood in light of the
second factor shaping the ballot outcome:
- The
expatriate parties favored by the United States will enter the
election contest with overwhelming advantages in resources and
organization. This will give them an incomparable
capacity to elevate their candidate lists above the chaos that
will entangle their competitors.(4)
Some of the organizations and electoral coalitions led by
expatriates have grassroots organizations, as do their
competitors. But the expatriates' additional, special
advantages are due to the material and technical support of
foreign powers - principally the United States - and to the
expatriates' position as national authorities for the past 18
months.
All Iraqis will choose among a
startling 98 political entities on the national ballot. These
include 9 coalitions, 64 parties, and 25 stand-alone individuals.
These will be distinguished on the ballot by a number, symbol,
slogan, and the name of either the coalition, party, or
individual. All told, there are more than 7,000 candidates for the
275-seat assembly. Of course, the vast majority of candidate names
will not appear on the ballot. Most of them have places on the
coalition and party lists, which are not readily available to the
public. Thus, few Iraqis will be aware of more than a handful of
the candidates they are choosing among.
More critically, there has been
insufficient time -- one month -- to meaningfully distinguish
among the 98 separate lists or "entities" with regard to
their programs and ideologies. There has been little effective
debate to challenge the claims and self-presentation of the
contending parties. Given such an over-crowded field, attaining
even basic name recognition will be difficult for most of the
contending entities. For inexperienced voters confronted with a
ballot offering 98 choices, simply finding and accurately
selecting the candidate list that they support may prove
challenging.
To succeed, candidates must cut
through the fog that binds this election - and do so quickly. Who
will pull ahead of the pack? Those who already enjoy name
recognition, media pull, and sizable field organizations to drum
their symbols, slogans, and ballot numbers into the minds of
prospective supporters.
2.2. The
advantages of the favored expatriate parties
- First among these are the
powers of office and incumbency. The expatriate leaders
and groups appointed by the United States to interim posts or
to influential positions in reconstruction projects have had
18 months to build name recognition, power bases inside
ministries, and networks of influence throughout Iraq.
Government leaders also enjoy unparalleled access to the media
and can use their positions as government spokespersons to the
benefit of their electoral campaign. Expatriates were also
significantly over-represented on postwar commissions
controlling the media, the elections, "de-Baathification,
and the registration and oversight of political parties and
candidates.
- Nearly as important as
their positions of control are expatriates' access to outside
technical support and financing - both private and
governmental. Prior to the invasion, expatriate
organizations received more than $100 million in overt US
government support.(5) After the invasion
they received lucrative government positions and compensation
as intelligence assets and military allies. In addition, the
US Agency for International Development (USAID) has granted
$30 million to the National Endowment for Democracy (NED) to
provide development assistance to what Washington views as
moderate parties.(6) Finally, Washington's
favored parties have probably also received support from
private US NGOs and Iraqi expatriate communities outside Iraq.
- Expatriate parties will
benefit uniquely from the decision to give immediate voting
rights to all Iraqi expatriates living outside the country who
can document that they were born in Iraq before 1986.
There are perhaps two million expatriates who fit these
criteria and at least half of them are expected to vote in one
of the 14 countries providing voting facilities. This voting
pool not only constitutes the expatriate parties' primary
base, it is virtually their exclusive domain. Due to resource
constraints indigenous parties will have little access to this
vote pool, which could easily constitute 8-12 percent of the
total. The Interim Government, which is dominated by
expatriates, has set aside more than $90 million to support
the expatriate vote effort - about 30 percent as much as it
will spend on domestic voting.(7)
- Expatriate parties also
benefit uniquely from the decision to treat the entire country
as a single electoral district with votes being cast for party
"lists" that are largely opaque. This removes
any requirement that these parties find and field identifiable
local candidates - that is, it ameliorates their most serious
weakness: their lack of local roots. Moreover it requires that
stand-alone local candidates compete for office against the
best known of national figures (who top the big party lists),
while making any type of debate between the two virtually
impossible.
- Finally, the $500 million
US effort to build civil society organizations and local
governance bodies - which are supposed to be non-partisan -
has helped create a base of supporters and campaigners for the
more secular of the expatriate parties.(8)
2.3. The
differential impact of poor security
The security situation also affects different parties differently.
The likely result of poor security is not merely a suppressed
turnout, but also one that is badly skewed.(9)
Apart from the issue of turnout, some parties will be better able
than others to work around the limits imposed by poor security.
Candidates who already hold government positions, for instance,
have superior access to security services, which facilitate their
movement.
Generally speaking, lack of security has impeded open campaigning,
rendering the conduct of mass rallies and neighborhood
mobilizations almost impossible.(10)
This makes other avenues of voter mobilization much more
important. These alternative avenues include appeals from the
pulpit, mobilization of party cadre, reliance on the mass media
and telecommunications, and campaigning inside the corridors of
government, security services, and other public institutions
(including the civil society organizations established by the
occupation). Thus, Prime Minister Allawi's easy and frequent
access to the media takes on added significance. Counterbalancing
this -- in what might be described as a contest between the media
and the mosque - is the support that religious parties receive
from the pulpit.
Finally, election security varies
geographically in ways that imposes differential burdens on the
competing parties. Obviously, security is stronger in Shiite and
Kurdish strongholds. The implications of this are explored below,
in the sections on "The Sunni Problem". But it is also
worth noting that Iraqi voters living outside the country are not
constrained by the country's security woes.
******
Due to their accumulated advantages,
the expatriate parties will be able to throughly dominate the 30
January election, much as they dominated the August 2004 Iraqi
National Conference -- a putatively "grassroots" affair
meant to counterbalance the interim government. (The National
Conference experience provides a lens on the power and stratagems
of the expatriate parties. Unfortunately, the event escaped broad
scrutiny. See Addendum 2: A Forewarning -- The Iraqi National
Conference, August 2004.)
2.4.
Expatriates triumphant
The Iraqi expatriate organizations - including Islamist ones -
have enjoyed a symbiotic relationship with the US occupation.
Their special prerogatives and quick rise to predominance over
local rivals in post-Saddam Iraq are due to US largesse. In turn,
the privileged Islamist organizations have helped mediate and
contain Islamic opposition to the occupation - with the
expectation that they will eventually break free of the coalition
and attain true state power. Some tribal-based expatriate leaders,
such as IGI interim president Ghazi Al-Yawar, occupy a similar
position.
It is only among the secular-oriented expatriate groups that the
United States could hope to find genuine supporters of its vision
of a neo-liberal, free market state aligned with America and
supporting its regional objectives. Relative to the Islamists,
these groups have weak grassroots ties. This makes them more
reliably dependent on the US coalition, but also less able to
carry the country. An important objective of the United States
during the interim period has been to develop the base and
organizational strength of those secular groups that are amenable
to US plans for regional transformation. This it has pursued
through USAID and NED programs and by giving them positions in
government, as noted above.
The association of the expatriate organizations with the
occupation is double-edged - a source of influence and power, but
also public disapprobation. However, while several parties have
participated in one or another of the occupation governments, only
one electoral list is broadly perceived as representing the
current government: Ayad Allawi's "Iraqi List", which
draws heavily on the Iraqi National Accord.
There are three other major electoral lists that are led by
expatriates who served at one time or another as leaders in the
occupation governments:
- The United Iraqi Alliance list (involving principals of
SCIRI, Al-Dawa Party, and Ahmed Al-Chalabi's Iraqi National
Congress),
- The Iraqis Party (led by IGI interim president Ghazi Al-Yawar,
a Sunni expatriate and tribal leader), and
- The Assembly of Independent
Democrats, lead by Adnan Pachachi, former member of the IGC
rotating presidency.
Other Iraqis - some expatriate and some not -- who have served in
the US-appointed governments include leading candidates of the
Kurdish Alliance list, the Iraqi Islamic Party, the People's Union
(Communist Party) list, the Iraqi National Movement and Civil
Society Alliance list, the Patriotic and Democratic Party, and the
Iraqi National Democratic Coalition.
Most of these have maintained greater distance from US policies
than has Allawi, occasionally opposing them. Indeed, the Iraqi
Islamic Party is boycotting the election and both Adnan Pachachi,
leader of the Assembly of Independent Democrats, and Naseer al-Chadarchi,
leader of the Patriotic and Democratic Party, have spoken out
against its timing. Nonetheless, the United States would probably
find acceptable any government coalition incorporating these
parties -- so long as the secularists are well represented
(especially those aligned with Allawi).
It has been Bush administration
policy to hedge its bets by lending support to an array of
individuals and organizations that it considers
"moderate" and "pragmatic". The measure of
their pragmatism is their willingness to abide occupation for an
indeterminate period - ie. "for as long as it takes."
Opposition, even obstreperous opposition, to discrete US policies
is manageable, as long as it is peaceful and does not tip over
into "rejections". Indeed, a governing coalition that
incorporates non-rejectionist opposition voices has distinct
benefits: it can absorb some of the dissent in Iraq society and
will appear more independent of the United States (and, hence,
more legitimate).
For several reasons (explored
below), the administration believes that it can achieve its policy
goals across a broad range of likely electoral outcomes. The key
immediate questions for the administration are: Will the new
governing coalition abide occupation? Who will be Prime Minister?
And who will command the most important ministries: Defense,
Interior, Foreign Affairs, Finance, and Oil.
2.5.
Likely electoral outcomes and their significance
- The big winners of the 30 January ballot will be the three
major expatriate alliances: The United Iraqi Alliance, Ayad
Allawi's "Iraqi List", and the Kurdish alliance.
Together, these three will gain more than 50 percent of the
vote. Smaller expatriate led parties may garner another 10+
percent. The remainder will be scattered among the other 90+
political entities.
- The only significant uncertainties are overall turnout and
how the votes will divide between the UIA and the "Iraqi
List". (The UIA encompasses the most popular, Islamic
expatriate parties. The second, Allawi's list, includes those
groups and individuals who most enjoy the benefits of
appointed incumbency and the other interventions listed
above.) The UIA, while garnering more votes than any other
list, will not win an absolute majority of seats. Allawi's
list, which is preferred by the United States, will do better
than expected, winning around 20 percent of the vote.
- The two large Shiite
fundamentalist parties who lead the UIA -- al-Dawa and SCIRI
-- will together directly control less than 30 percent of the
Assembly seats. Once in the Assembly they may try to combine
all Shiite fundamentalists, both inside and outside the UIA,
into a bloc. This effort would include, for instance, Moqtada
al-Sadr's stealth candidates, who are found both inside the
UIA and in Fatah al-Sheik's Independent National Leaders list.
But, taking this path also will not give the big Shiite
parties a controlling majority in the Assembly - and certainly
not the two-thirds required to unilaterally select a
government.
Close cooperation among the
expatriate organizations at the core of the three big winning
lists provides the best opportunity for controlling the Assembly.
These organizations are the two Kurdish parties, Allawi's Iraqi
National Accord, al-Dawa Party, and SCIRI (Supreme Council for
Islamic Revolution in Iraq). They have a history of working
together and they can count on fairly disciplined blocs of votes
in the Assembly. However, in order to control a reliable
two-thirds of the Assembly and build a government, they will have
to reach out to other organizations -- and former partners are to
be preferred over new ones. These might include "The Iraqis
Party," led by IGI interim president Ghazi Al-Yawar; the
"Assembly of Independent Democrats," led by Adnan
Pachachi, former member of the IGC rotating presidency; and,
Naseer al-Chadarchi's "Patriotic and Democratic Party."
The fate of Ahmed Al-Chalabi is
uncertain. He and his Iraqi National Congress lead the Shiite
Political Council which is part of the UIA list. By virtue of
linking up with the Shiite Islamic parties, his Iraqi National
Congress may gain firm control of 10 Assembly seats. But he is
disliked by many of the members of the prospective coalition and
has lost favor with the United States.
At any rate: former government and
expatriate parties will emerge from the election with a commanding
control of the National Assembly. The advance of the Shiites will
not be as surprising as will be the perseverance of Allawi. And
these outcomes may not sit well with either the Iraqi electorate
or the more than 6,000 candidates who will lose their bids for
election -- most of them losing quite badly.
2.6.
An election bound to breed suspicion
The structural bias of the electoral
system, as explained above, and the effects of poor security will
give losing candidates and the Iraqi electorate reason enough to
challenge the election result. Other circumstances may prompt an
even more extreme reaction: feelings that the election was
literally stolen. Several unusual features of the electoral
process will feed such suspicions:
- The election is being conducted in extreme secrecy - with
polling places, ballot collection points, and many candidate
names either unknown or not to be known until the final days
of the campaign.(11)
- Few, if any, independent foreign monitors will observe the
election inside the country. By comparison 122 observed the
Afghan election and 800 the Palestinian election.(12)
- There will be local observers but their numbers -- perhaps
one or two for each of 5,000 polling places -- also will be
far below the standards set in Afghanistan and in the
Palestinian territories. Drawn from Iraqi organizations, few
of the monitors can be considered truly neutral with regard to
outcomes.
- Moreover, ballots will be
counted over several days at each of the polling places,
rather than at central locations. This means that, in order to
achieve levels of monitoring comparable to the Palestinian and
Afghan cases, the number of monitors used in Iraq would have
to be proportionately greater, not fewer, than the number used
in those earlier elections.
Election sceptics will find further
fuel for their suspicions in the revelation of CIA plans to
covertly assist Washington's favored candidates and parties.
(Under pressure from some Democratic Party members of Congress,
the White House agreed in October to scale back these efforts.)(13)
2.7.
The road not taken: essential features of a democratic electoral
process in Iraq
The 30 January election may succeed
in enhancing the legitimacy of the Iraq occupation, but it will
fail to accurately reflect the will of the Iraqi people, bring the
country together, quiet dissent, or channel dissent along avenues
of peaceful political compromise. All of this might have been
accomplished had the original Coalition Provisional Authority
structured the electoral process differently and had it addressed
Sunni concerns more deftly. The problem of the Sunni insurgency
and its effects are addressed below. As for the problems of
structural bias in the election process: these could have been
avoided had the CPA respected the following principles and
imperatives:
- Nonpartisan oversight:
All efforts to develop Iraqi civil society and prepare the
country for elections should have been directed by a
nonpartisan international agency, such as the United Nations,
unaffiliated with any political tendencies inside Iraq. The
election itself should have been directed by such an agency.
All funds meant to support Iraqi civil society, democratic
transition, party development, and elections should have been
channeled through such agencies. The aim of these measures
would have been to limit the extent to which outside states
might attempt to shape the Iraqi political order to correspond
to their own narrow interests.
- Adequate and inclusive party
development: The elections should have been preceded by
an inclusive, non-partisan process of party differentiation
and development lasting a year. A sensible first-step would
have been to hold a series of meetings over several months on
the national and provincial level open to all political
tendencies with the aim of clarifying differences and
facilitating fusion among similar groups and individuals.
Next, those groups, new or old, that could pass a membership
threshold would have received resources and training to
support the development of basic party infrastructures and
capacities for communication, recruiting, and electoral
campaigning. These measures might have reduced the number of
contending parties to fewer than two dozen - a number adequate
to capture the diversity of the Iraqi polity. As a result,
Iraqi votes might have had the benefit of a coherent electoral
opposition to the expatriate parties.
- Level playing field -- no
"favorite son" government appointments: Iraqi
groups and individual hoping to run for office in the first
postwar election should have been barred from government
positions for at least the six months preceding the election.
In other words: no candidate or party should have been granted
the powers of incumbency by an outside agency.
- Multi-district election and
local representation: Elections to the new parliament
should have occurred on the basis of provincial or
sub-provincial electoral districts (which already exist in
Iraq), rather than a single nationwide district. Moreover,
candidates should have been required to reside in the
districts that they proposed to represent. This approach would
have allowed voters to consider a manageable number of lists
and candidates. It also would have made substantive local
debate more likely. And it would have ensured that more of the
choices before the voters were known to them. An additional
benefit is that this approach would have allowed elections to
be selectively postponed, should security conditions warrant.
(Under this arrangement, the votes of Iraqis living outside
the country would have been counted in their last place of
official residence.)
- Adequate and equal campaign
support: During the election campaign itself, more
substantial provisions should have been made to support local
debates and forums as well as a higher baseline level of free
media access for all campaigning parties.
3. After the ballot: the limits of
Iraqi freedom
3.1. Detour on
the way to forming a government
Soon after being seated, the new
National Assembly will turn to selecting a Presidency Council,
Prime Minister, and a Council of Ministers. Much of the effective
power of the new government will reside in these positions.
- The Prime Minister
will carry day-to-day responsibility for running the
government and will serve, for practical purposes, as
commander-in-chief of the armed forces. The Prime Minister
will also choose a National Security Advisor who will enjoy a
five-year term.
- The Presidency Council
will confirm the juridical system's Presiding Judge, members
of the Federal Supreme Court, and other judges and prosecutors
on recommendation of the Higher Juridical Council.
- The Presidency Council
will be able to veto legislation passed by the National
Assembly, which can overturn this veto only by a two-thirds
majority vote.
- The individual members of
the Council of Ministers
will direct government business in all the ministries. As a
Council they also will appoint the Director-General of the
Iraqi National Intelligence Service and officers of the Iraqi
Armed Forces at the rank of general or above (subject to
confirmation by the National Assembly).
The process by which the Presidency
Council and government ministers will be selected is a complicated
one. And its first and most important step -- selection of the
Presidency Council - is not fully articulated in the Transitional
Administrative Law. This provides an opportunity for the adoption
of ad hoc procedures. There is also an opportunity here for
outside actors to apply pressure. As a result, the already tenuous
link between "the popular will" and national governance
will be further attenuated.
- The first step in forming a national executive is the
selection of a three-person Presidency Council, including a
President of State and two deputies. The National Assembly is
supposed to confirm the council by a two-thirds vote. But the
slate itself will probably be put together in private by a
coalition of the big parties. (A similar process was attempted
during the August 2004 Iraqi National Conference when it
turned to select an executive council.)
- Next, the Presidency
Council will name a Prime Minister, who in turn will recommend
a Council of Ministers. The Council of Ministers must then be
ratified by the Presidency Council. Following this, the
Council will be subject to a vote of confidence in the
National Assembly (decided by simple majority).
The entire set of executive
positions - the Presidency Council, the Prime Minister, and the
Council of Ministers - will be subject to backroom negotiations
among the big parties. The agreement on the Presidency Council
probably will be part of a package deal encompassing all the top
executive positions. Gaining confirmation of these choices by the
entire National Assembly will depend on how well the leading
organizations - most them expatriate - can discipline their
members' voting behavior.
3.2.
Factors weighing on the formation of a government
Certainly, leaders of the big
parties will each try to advance their favorites when brokering
the top government positions. But all are operating within a set
of conditions and concerns that will weigh on their decisions.
- Both the Sunni Arab and Kurdish community fear domination by
the Shiite community - especially Shiite fundamentalists;
- All Iraqi communities fear the possibility of civil war --
which seems to be increasing in likelihood -- and none feel
secure against ethnic violence or insurgent forces;
- The Sunni and Shiite
communities are also concerned about the prospect of the
Kurdish communities seeking independence;
We can summarize these concerns in
terms of four imperatives that will preoccupy overlapping subsets
of Assembly members: keep the country together, contain the
insurgency, prevent civil war, and prevent domination by any one
community. In responding to these imperatives, the Assembly must
take into consideration several overarching realities:
- No community, including the Shiite, feel confident in their
capacity to control the others or to impose social order
generally.
- Despite two years of "reconstruction", Iraq's
state institutions remain fragile, its infrastructure and
economy are weak, and neither the Iraqi military nor its
police forces are capable of even minimally performing their
functions unaided.
- The most powerful political
institution in Iraq - indeed, the only truly powerful one - is
the US mission: its resources, organizational capacity, and
armed might far surpass those at the disposal of the Iraqi
government or any of the expatriate parties.
Iraq's seemingly intractable woes
and divisions give America considerable leverage in dealing with
Iraq's new Assembly - as does America's powerful position inside
the country. These realities and the fact that the major Shiite
Islamic parties probably will not control an effective majority,
will push party leaders toward a compromise government that
resembles the last one -- as the United States prefers -- but with
Shiite religionists in more prominent roles.
- Although Abdul Aziz al-Hakim of SCIRI has his eyes on the
post of Prime Minister, he is disfavored by both the United
States and some prospective government coalition partners.
More palatable choices from within the UIA cluster are Hussain
al-Shahristani or even Ibrahim al-Ja'fari of al-Dawa.
- Ayad 'Allawi might be "elevated" to the
Presidential Council, but a more likely move is downward and
lateral to the post of Defense Minister, which could become as
pivotal a position as the prime ministership.
- The Sunni representative on the Presidential Council might
again be Ghazi Yawar or possibly Adnan Pachachi, depending on
their relative electoral showing.
3.3. US military withdrawal: a
moving goal post
Regardless of who comes to occupy
Iraq's executive positions, America's key concern will be
maintaining its own prerogatives in the country. Foremost, this
means allowing the occupation to continue until "security is
established", or "until Iraqi security forces can stand
on their own," or "until a permanent government takes
office". All of these formulations, even the last one, are
fairly open-ended.
The earliest date that a permanent
government can take office is January 2006 - assuming that the
transition government can compose a constitution that passes
muster with the Iraqi electorate. If it cannot, then the election
of a permanent government could be delayed six months, one year,
or even longer. And, of course, once a permanent government takes
power, it can choose to reverse the decision regarding US
withdrawal. A year's delay means a year to affect this outcome. In
the meantime, a false "compromise" is possible: the Bush
administration can agree to soon begin reducing its presence from
the current 150,000+ soldiers - as it must do at any rate.
3.4.
America's enduring influence
While the Bush administration
obviously prefers some Iraqi electoral outcomes to others, the
United States will be able to make its influence felt in the
country regardless of who leads it. America's enduring influence
in Iraq rests on the following building blocks:
- A military presence of 150,000 personnel which is deeply
intertwined with Iraqi security and police forces, who are
heavily dependent on it;
- A dedicated development fund for Iraq containing $16 billion
in undisbursed funds and a willingness to spend $50 billion or
more per annum on military operations in the country; and
- More than 40,000 US civilian government personnel and
contract employees operating throughout Iraqi government and
public institutions at every level.
The new Iraqi government could
decide to terminate or cut back the US mission -- at great cost
and with some difficulty. But America's influence is also felt
through structures and laws put in place by the former Coalition
Provisional Authority, for instance:
- The Transitional Administrative Law, which was drafted by
the CPA, remains the law of the land. Amendments to this law
require the support of a three-fourths majority of the
Assembly as well as the unanimous support of the Presidential
Council.
- The CPA has bequeathed to the transitional government a set
of control commissions whose members were appointed to
five-year terms by the CPA Administrator. They can be
dismissed only for cause. Among these are the Office of the
Inspector General, the Board of Supreme Audit, the Commission
of Public Integrity, and the Iraqi Communications and Media
Commission. (The Iraqi Communications and Media Commission has
control of telecommunications and media contracts and
licenses, and it has the power to enforce censorship laws).
- The CPA also has bequeathed
to the new government hundreds of judges and prosecutors --
including many exiles -- vetted, trained, and appointed by the
CPA. In addition, the CPA appointed a Council of Judges, which
is a watch-dog body with sole power to nominate Iraq's judges
and prosecutors.
Because Iraq remains under a UN
mandate, these legal interventions are not so easily set aside.
The Iraq judiciary, as rebuilt and stocked by the CPA, is more
independent of the other branches of government than is the case
even in the United States. Any effort by the Iraqi government to
step outside the procedures established by the CPA could prompt a
constitutional crisis and might put the new government in
violation of the UN mandate. This could establish a rationale for
outside intervention.
4.
The Sunni problem
Sunni disaffection with the
electoral process predates the recent violence. It is not merely a
reaction to the insurgency, but also a stimulus to it. And the
reason is not hard to discern:
The
election process and governance structure defined by occupation
authorities in June 2004 do not offer Sunni regions a guarantee of
representation in government proportionate to their population
share.
For Sunnis the most worrisome
possibility is that the Shiite majority will gain decisive,
intractable control of the Iraqi state, giving them a capacity to
impose a dictatorship of the (slight) majority. Other minority
groups share the Sunnis concerns, but only the Kurds and Sunnis
constitute minorities large enough to threaten the integrity of
the Iraqi state. And the Kurds have made a separate peace.
Mitigating Kurdish concerns - for now - are several circumstances:
(1) The Transitional Administrative Law guarantees the Kurds an
autonomous region for the transition period, (2) Their regional
structures, party organizations, and militias are the best
organized in the nation, and (3) They enjoy the closest
relationship with the United States.
4.1.
Local power and single district elections
The Transitional Administrative Law
has some provisions to assure power sharing among Iraq's main
ethnic groups, as explained below. But the TAL incorporates other
measures that increase the risk of under-representation facing
Iraq's minority communities.
Especially
disadvantageous is the decision to treat all Iraq as a single
election district. This makes it quite possible that
disproportionately few seats will go to parties or candidates
based in Sunni areas, for instance. Unlike the practice in the
United States (and most other democracies), the new arrangement in
Iraq does not root assembly seats to geographic subdivisions of
the country.(14) (In Iraq, as in many
countries, the distribution of ethnic groups varies
geographically).
Theoretically, Iraq's system of
single-district proportional representation would allow minority
groups to capture a share of Assembly seats proportionate to their
share of the national population. But this assumes that the rate
of voter turnout among the nation's regions and ethnic communities
is equal. If it is not - due to regional security problems,
differences in voter mobilization capabilities, differences in
access to voting places, or other factors - Sunni areas could find
themselves severely under-represented in government. (Of course,
the majority community would also face the possibility of
under-representation, but its potential impact would be much less.
While the majority group would risk the possible loss of majority
control in the Assembly, minorities would risk seeing their power
reduced to insignificance. It is much easier to live with one of
these outcomes than with the other.)
It is important to recognize that
the dynamics of ethnic relations in Iraq involve the intersection
of ethnicity and locality: there are ethnic regions. This makes
the potential impact of under-representation greater, while also
making the reaction to it potentially more powerful. Ethnic
regions can be left to sink into widespread privation and
underdevelopment; they also can become impenetrable bastions of
insurgency, fueled by a combination of localism and ethnic
identity. The liberal democratic remedy to the alienation of such
regions, at least in the realm of governance, is to guarantee a
set level of local representation in parliament. This would
require an electoral system based on multiple electoral districts,
each with a set number of seats.
A system of representation based on multiple
geographic districts would guarantee a minimum of
representation for residents of each district (or
"state" in the US context). Combined with a requirement
that candidates reside in the districts they propose to represent,
this would indirectly mitigate ethnic concerns by ensuring that
all representation is locally based. Whether 100 percent of Sunnis
turned out to vote or 10 percent, the number of Assembly
representatives coming from Sunni areas would be the same. This
approach would not literally guarantee that only Sunnis won those
seats, but it would greatly reduce the likelihood of Sunni
under-representation.
The principal provision in the TAL
for preventing domination by any one of Iraq's communities is the
three-member Presidency Council, which must be confirmed by a
two-thirds majority of the National Assembly. Although the
"two-thirds rule" lowers the likelihood that a
Presidency Council will be selected without significant Sunni
support, it does not rule it out. And considerable power hangs in
the balance. For Sunnis, the two-thirds rule is a slim reed -
especially given that the single-district electoral system does
not tie any set number of seats to Sunni areas. While comprising
20 percent of the population, the Sunni community could easily
find itself with a lower percentage of Assembly seats. The worst
case scenario for Sunnis - which is quite plausible - would
combine two features: fewer than 20 percent of the Assembly seats
in Sunni hands and a Presidency Council disliked by a strong
majority of them.
4.2.
The price of national unity
While the current arrangement fails
to guarantee that Sunni areas will be represented in proportion to
their share of the population, there are good reasons to argue
that Sunni and Kurdish areas should have been offered parliamentary
representation actually exceeding their population share. This
approach to nation formation would resemble one adopted by the
most successful democracy on earth: the United States.
Key to the creation and development
of the United States was the decision to allot representation in
ways that limited the population-based power of the bigger
colonies (later, states). In a nation divided by regional
interests and cultures, there was no other peaceful way to induce
"the small" to form a union with "the large".
Thus today, Rhode Island, with a
population only 5 percent as large as that of Texas, has 12
percent as many electoral votes as Texas, 6 percent as much power
in the House of Representatives, and equal power in the Senate.
For small states, this type of arrangement constitutes a hedge
against the "dictatorship of the big". For all states,
it can be viewed as the price of national unity. The hope is that
a country's disparate parts, once brought together as a single
nation, might through their daily intercourse evolve toward
"a more perfect union." Such arrangements can seem
anachronistic and even retrograde in countries that have achieved
high levels of national integration -- but they remain relevant in
situations characterized by deep division.
How might this insight have been
applied to Iraq? While seventy percent of the nation's assembly
seats might have been allocated to the provinces in proportion to
their population, thirty percent might have been allotted equally
among three regional clusters regardless of their populations: the
Sunni-majority provinces, the Shiite majority provinces, and the
Kurdish majority provinces. Within each cluster, the seats would
then have been assigned to provinces in accord with relative
population size. The effective result would have been an increase
in the probable parliamentary power of the Sunni and Kurdish
communities.
A system that offered minority areas
greater than proportional representation would not have been
unusual in the experience of post-conflict and transitional
societies -- although in the case of Iraq it probably would have
faced Shiite opposition. Still a modest adjustment along these
lines might have been negotiable. At any rate, the CPA proved
itself willing and able to impose other innovative and
controversial measures, notably: the rule requiring that 25
percent of parliament members be women. As a result of this
initiative, the Iraqi parliament will have a higher proportion of
women than does the US Congress: 25 percent versus 15. This
cutting-edge measure not only challenged the conventions of many
tribalists and Islamic fundamentalists, it probably gave a
distinct electoral advantage to secular parties. A similar degree
of flexibility with regard to minority representation would have
helped avert the present impasse.
4.3. De-Baathification,
insurgency, and Sunni electoral participation
Among the factors that have fed the
insurgency were the large-scale dismissal of civil servants at the
beginning of the occupation, the demobilization of the Iraqi army
and police, and the broad-brush practice of "de-Baathification".(15)
Some de-Baathification measures affect electoral participation and
these probably have contributed to Sunni disaffection with the
elections.(16)
The de-Baathification policy,
promulgated in May 2003, initially banned all but the lowest level
of party members from employment in the public sector (which is
quite large in Iraq). It also banned all full members from the top
three levels of management in all public institutions, including
schools and hospitals.(17) Notably, de-Baathification
measures are proactive and do not require proof that the affected
individuals have themselves committed any crime.
Although the restrictions can be
relaxed on appeal, they apply to 50,000 or more people. Initially,
nearly 30,000 lost their jobs. About half of these later received
pensions or returned to work on appeal.(18)
The key provisions of de-Baathification
involving the electoral process dictate that:
- Former members of the Baath Party above the lowest level are
not allowed to run for Assembly seats, although exemptions are
possible. This ruling affects between 15,000 and 30,000
individuals.(19)
- Former "full members" - a larger group - must sign
a document of disavowal before becoming eligible to run for
the Assembly and can lose their seat if a court establishes
that they have any current "dealings or connection with
Baath Party organizations". (Insofar as the Baath Party
no longer exists, the latter phrase might be taken to refer to
insurgent or dissident organizations imputed to be residuals
or reconfigurations of the Baath, its philosophy, or its
members.) This ruling affects more than 50,000 people.(20)
- Finally, all former members of the Baath Party -- a group
comprising more than 1 million Iraqis - are barred from
positions on the Presidency Council and from the position of
Prime Minister, unless they left the party at least ten years
before its fall (as did most of the former Baathists among the
expatriates).(21)
The policy of de-Baathification represents a clear departure from
the approach adopted in many other recent transitional societies.
Rather than drawing on the experiences of Russia, Eastern Europe,
or South Africa the policy draws on the practice of de-Nazification
in Germany after the Second World War. But the analogy between the
Baath and Nazi parties is a false one: Unlike the Nazi Party, the
Baath Party did not have a membership broadly and deeply devoted
to its leader and his policies - especially not after the
Iran-Iraq and 1991Gulf wars.(22) A better
analog is the moribund communist parties of the East, in which
membership was nominal for many people. In Iraq during the Hussein
years (as in many former communist countries) advancement in
public institutions and in many professional fields required party
membership.
Baath Party membership above the
lowest levels was drawn predominantly (although not exclusively)
from the Sunni community. Hence, broad-brush de-Baathification has
cut more deeply into this community. And it covers many who, while
formerly members of the Baath, have not been charged with a crime
and who may still be regarded locally as prominent individuals,
"good people", or even leaders. Regulations that bar or
impede their full political participation in the new government
creates a powerful constituency for boycott or worse - and may
feed a broader sense among Sunnis that the new order is not for
them. A better approach would have focused sanctions more narrowly
on those individuals most responsible for violations of
international law and human rights. This would have accorded
better with the recent successful experience of transitional
societies in the East and in South Africa.
Addendum
1: Iraqi attitudes on the coalition, occupation,
force withdrawal, and appointed Iraqi governments
A1.1. When Should Coalition Forces
Leave?
February 2004: 33 percent want
withdrawal within a year; 40 percent, withdrawal once an Iraqi
government is in place; 27 percent, a longer or more open-ended
stay. (Oxford Research International)
March-April 2004: 57 percent,
"leave immediately"; 36 percent, "stay
longer". (Gallup)
June 2004: 41 percent,
"immediate withdrawal"; 45 percent, withdrawal after
election of a permanent government; 10 percent, 2 years or longer.
(Independent Institute for Administration and Civil Society/CPA).
June 2004: 30 percent desire
immediate withdrawal, 51 percent want withdrawal after a
government is elected, 13 percent said that Coalition forces
should remain until stability was achieved. (Iraq Centre for
Research & Strategic Studies).
June 2004: 53 percent say leave now
or "within a few months" or "until an Interim
Government is in place" or "in six months to a
year"; 33.5 percent allow "more than one year" or
"until permanent government is in place"; 13.6 percent,
even longer if necessary. (Oxford Research International)
A1.2.
Attitudes toward US forces
February 2004: 56.3 percent of
Iraqis somewhat or strongly oppose the presence of Coalition
forces in Iraq. "Strongly oppose" versus "strongly
support" is 2.5-to-1. (Oxford Research International)
March-April 2004: 58 percent say US
forces have behaved very or fairly badly; 34 percent say US forces
have behaved very or fairly well. The ratio between those saying
"very bad" and those saying "very well":
3-to-1. (Gallup/CNN/USA Today).
March-April 2004: 30 percent say
that attacks on US forces were somewhat or completely justified;
another 22 percent said they were sometimes justified.
(Gallup/CNN/USA Today).
May 2004: 87 percent express little
or no confidence in US coalition forces; 92 percent view coalition
forces as occupiers, rather than liberators or peace keepers.
(Independent Institute for Administration and Civil Society/CPA).
June 2004: 67 percent of Iraqis
strongly or somewhat oppose the presence of Coalition troops; 30
percent support. (Iraq Centre for Research & Strategic
Studies).
June 2004: 58 percent of Iraqis
somewhat or strongly oppose the presence of Coalition forces in
Iraq. Strongly oppose versus strongly support is 3-to-1. (Oxford
Research International)
June 2004: 70 percent say Coalition
troops are an occupying or exploiting force; 30 percent say a
liberating or peacekeeping force. (Oxford Research International)
June 2004: Invasion of Iraq was
absolutely right say 13.2 percent; somewhat right, 27.6 percent;
somewhat wrong, 25.7 percent; absolutely wrong, 33.5 percent.
(Oxford Research International).
A1.3. Attitudes toward the
Coalition Provisional Authority and the Iraqi government
February 2004, Oxford: 31 percent
express confidence in CPA, 69 percent do not. 43 percent express
confidence in Iraqi government, 57.3 percent do not. (Oxford
Research International).
March-April: 42 percent of Iraqis
judge CPA behavior to be fairly or very bad; 25 percent say it was
fairly or very good. The ratio between those saying "very
bad" and those saying "very good" is 4-to-1.
(Gallup/CNN/USA Today).
May 2004: 85 percent of Iraqis
express little or no confidence in the CPA; 66 percent express
little or no confidence in the Iraqi Governing Council.
(Independent Institute for Administration and Civil Society/CPA).
June 2004: 25.6 percent express
confidence in CPA, 74.4 percent do not; 42.7 percent express
confidence in IGC, 57.3 percent do not. (Oxford Research
International).
October 2004: 55 percent say Interim
Government does not represent the interests of people like them
"very much" or "at all". Nearly 50 percent
find the government to be ineffective; 43 percent find it to be
effective - a sharp decline since the government took office in
June 2004. (International Republican Institute.)
A1.4.
Is life better or worse?
March-April 2004: 46 percent say the
US invasion has done more harm than good; 33 percent say more
good. (Gallup).
March-April 2004: 42 percent say
Iraq is better off today than before the invasion, 39 percent say
worse, 17 percent say the same. (Gallup).
August 2004: 46 percent of Iraqis
say their situation has improved since the fall of Hussein, 31
percent say it has grown worse, and 21 percent say it is
unchanged. (International Republican Institute.)
Poll
References:
Gallup poll conducted with USA Today
and CNN: Cesar G. Soriano and Steven Komarow, "Poll: Iraqis
out of patience," USA Today, 28 April 2004; "Key
findings: Nationwide survey of 3,500 Iraqis," USA Today, 28
April 2004, available at: http://www.usatoday.com/news/world/iraq/2004-04-28-gallup-iraq-findings.htm.
Also see: Richard Burkholder, Gallup Poll of Iraq: Liberated,
Occupied, or in Limbo? (Princeton, NJ: Gallop Organization, 28
April 2004).
Oxford Research International polls:
National Survey of Iraq, February 2004 (Oxford, UK: Oxford
Research International); National Survey of Iraq, June 2004
(Oxford, UK: Oxford Research International); both available at:
http://www.oxfordresearch.com/publications.html
International Republican Institute
polls: Survey of Iraqi Public Opinion, September 24 - October 4,
2004 (Washington DC: International Republican Institute, October
2004), available at: http://www.iri.org/pub.asp?id=7676767887;
Survey of Iraqi Public Opinion, July 24 - August 2, 2004
(Washington DC: International Republican Institute, August 2004),
available at: http://www.iri.org/pub.asp?id=7676767885
Independent Institute for
Administration and Civil Society/CPA poll: Public Opinion in Iraq:
First Poll Following Abu Ghraib Revelations 14-23 May 2004
(Baghdad: CPA, May 2004), available at: http://www.msnbc.msn.com/id/5217741/site/newsweek/
Articles:
Juan Cole, "Spinning Iraqi
Opinion at Taxpayer Expense," Antiwar.com, 25 October 2004,
available at: http://www.antiwar.com/cole/?articleid=3843
Robin Wright, "Religious
Leaders Ahead in Iraq Poll; U.S.-Supported Government Is Losing
Ground, Washington Post, 22t October 2004, p. 1;
Mark Turner, "80% of Iraqis
want coalition troops out," Financial Times, 7 July 2004;
Michael Hirsh, "Grim
Numbers," Newsweek, 16 June 2004;
John Lemke, "Poll: Security,
unemployment major problems, UPI, 25 May 2004.
Poll
summaries and collections:
"Opinion Polls in Iraq,"
Iraqanalysis.org, http://www.iraqanalysis.org/info/55
Iraq Index: Tracking Reconstruction
and Security in Post-Saddam Iraq (Washington DC: Brookings
Institution), section on public opinion polls; available at:
http://www.brookings.edu/iraqindex
Frederick Barton and Bathsheba
Crocker, project directors, Progress or Peril? Measuring Iraq's
Reconstruction (Washington DC: CSIS, September 2004), available
at: www.csis.org/isp/pcr/0409_progressperil.pdf
Addendum 2. Democracy
Derailed:
The Iraqi National Conference, August 2004 (23)
Drawing on the example of the Loya
Jirga in Afghanistan, UN Security Council Resolution 1546
mandated the convocation of an Iraqi National Conference in July
2004, which would, among other things, select an ongoing Iraqi
National Council. The Conference and subsequent Council were meant
to build national consensus, advise Iraq's interim government,
prepare the nation for full elections, and enhance the legitimacy
of the interim government as being representative of the Iraqi
people. The powers of the Council, which would remain in force
until the election of a transitional government, included the
right to appoint replacements to the Presidency Council in cases
of resignation or death, veto Interim Government orders by a 2/3
majority vote, and approve the 2005 Iraqi national budget.
Unfortunately, rather than advancing democratic practice in Iraq,
the National Conference process proved to be a travesty of
democratic principles and consensus-building.
Initially the conference was to
include 1,000 Iraqis representative of the country's diverse
communities and constituencies. Conference participants would, in
turn, select most of the 100 members of the National Council.
Nineteen of the seats had been set aside for former members of the
US-appointed Iraqi Governing Council, which had ended its tenure
in June 2004. Members of the IGC and the big expatriate parties
also quickly took control of preparations for the conference.
Participation in the conference was to be determined by a
Preparatory Commission of 92 people, which included 20 former IGC
members. The commission itself had been selected by a smaller
five-person committee chaired by IGC members, who held four of the
seats. While the Commission set out to choose half the
participants, the other half were to be selected by provincial
caucuses, drawing partially on the various local "civil
society" and "good government" councils that were
being established by US agencies and contractors.
Shortly before the conference was to
begin, UN advisors intervened to say that the participant pool was
not sufficiently inclusive. In their assessment, it still drew too
much on the narrow base of government and expatriate party
supporters. This assessment was an indictment of not only the
government's bias, but also the bias of the local "civil
society" councils that were supposed to feed the process.
Under pressure from the United Nations, the organizers agreed to
postpone the meeting by two weeks and to select 300 additional
delegates from under-represented groups. (Like the current
proposal to delay the 30 January 2005, this one violated the
explicit timetable set by Security Resolution 1546 and by the
Annex to the Transition Administrative Law.)
Despite the UN's last minute effort
to broaden the National Conference, the big pro-government and
expatriate organizations were able to reassert their control
during the selection of the executive body, the National Council.
Delegates were informed by the conference organizers that they
would vote on a single-list of 81 candidates for the National
Council that had been chosen by the organizers. This procedure,
which had not been announced prior to the meeting, prompted 450
delegates to threaten a walk out. In response, conference
organizers agreed to allow a competing ticket, but the ad hoc
opposition could not assemble a stable one in the allotted time.
Rather than lend their support to the proceedings, 300 delegates
walked out. A panel of conference judges then ruled that the
conference organizers' slate had won by default, prompting
additional walk outs. The slate was eventually affirmed by a show
of hands among the remaining delegates. No secret ballot occurred.
As an experiment in and training
ground for democracy, the National Conference failed. Although the
process was certainly more open to the popular will than was the
mechanism by which the Iraqi Governing Council and Interim
Government had been appointed, it was easily subverted
nonetheless. Relevant to the January 2005 elections, the
experience illustrated how the big expatriate parties might use
their superior organization, concerted action, and positions of
authority in government to overwhelm an opposition that enjoyed
none of these advantages.
Just as important, it showed those
parties to have the inclination to give greater priority to their
own advancement than to the goal of building a stable consensus.
While the expatriate parties were able to extend the powers
originally granted to them by the United States, they did so at
the cost of increasing popular alienation from the government.
What might have become a venue for constructive compromise in the
Iraqi polity became, instead, a stimulus to further confrontation.
Perhaps most disconcerting was the relative failure of the
international media to critically examine the National Conference
process. Remarkably little has been said or written about the
affair, thus increasing the likelihood that the January elections
will follow a similar path.
Notes
1. Peter Baker,
"Bush Dismisses Talk of Delaying Iraq Vote," Washington
Post, 3 December 2004, p. 1.
2. Warren Hoge,
"Secret Meeting, Clear Mission: Rescue UN," New York
Times, 2 January 2005; Brian Knowlton, "US endorses UN plan
to bolster Iraq election," International Herald Tribune, 17
December 2004; Anne Penketh, "The hounding of Kofi Annan,"
The Independent, 9 December 2004; David R. Sands, "Powell
rebukes Annan on Iraq," Washington Times, 17 September 2004;
Frieder Reimold, "Putin, Chirac and Schroeder pledge to work
for stability in Iraq," Associated Press, 31 August 2004;
and, Anton La Guardia, "Germany edges closer to Britain's
side," Daily Telegraph, 3 February 2004, p. 12.
3. Steven Komarow,
"Lengthy ballots, ad blitzes contribute to confusion,"
USA Today, 19 January 2005; Bernhard Zand, "Democratic
Confusion," Der Spiegel On Line, 19 January 2005; Lin
Noueihed, "Iraqis Grapple with Confusing Election
Choices," Reuters, 30 December 2004; and, Walter Pincus and
Anthony Shadid, "Iraq Faces Hurdles On Details Of Election;
About 200 Names Likely To Appear on Ballot," Washington Post,
30 November 2004, p. 12.
4. Borzou
Daragahi, "Underfunded Parties Fight to Be Heard Before
Elections," Boston Globe, 21 January 2005, p. 17; and, Ashraf
Khalil, "Smaller Parties Jostle for Piece of Iraq Election
Pie," Los Angeles Times, 15 December 2004, p. 1.
5. Kenneth
Katzman, Iraq: U.S. Regime Change Efforts and Post-Saddam
Governance (Washington DC: Congressional Research Service, 22
October 2004).
6. Judy Van Rest
(IRI) and Kenneth Wollack (NDI), "Promoting Free and Fair
Elections in Iraq: NGOs and Building the Political Process,"
briefing at the US Department of State, Foreign Press Center,
Washington DC, 3 January 2005; US AID Support to the Iraq Election
Process (Washington DC: US AID Press Office, November 18, 2004);
Office of the Spokesman, United States Allocates $871 Million to
Support Iraqi Elections (Washington DC: US Department of State, 22
October 2004); "Iraq: Elections And Democracy Promotion
Assistance," Daily Press Briefing, US Department of State, 21
October 2004; William I. Robinson, "What to Expect from US
'Democracy Promotion' in Iraq, New Political Science (September
2004); and, United States Institute of Peace, Donor Activities and
Civil Society Potential in Iraq, Special Report 124 (Washington
DC: USIP, July 2004).
7. "Iraq to
spend $90 mln for expats to vote in polls," Reuters, 6
November 2004; and, Edward Wong, "Iraqi Officials to Allow
Vote by Expatriates," New York Times, 5 November 2004.
8. The US
government has allotted more than $500 million to efforts to build
and shape Iraqi civil society and local governance. The most
prominent program has been undertaken by the Research Triangle
Institute (RTI) under a $234 million contract with USAID. It
employs more than 1600 personnel, including more than 200
expatriates. RTI, together with USAID and the former Coalition
Provisional Authority, has established citizen councils at the
provincial, municipal, and neighborhood levels. They have also
helped to fashion or re-fashion other civil society organizations.
All told 700 councils or organizations have been affected. An
important aim of the effort has been to identify and promote new,
pragmatic, and cooperative leaders at all levels -- "leaders
you can work with" in the words of Fritz Weden from the
Office of Transition Initiatives (ref: Docena) -- and to prepare
them and their groups to play a role in national governance.
Participants were chosen by a variety of mechanism - although
seldom a popular vote - and then screened by occupation
authorities to exclude rejectionists. Local governance bodies that
had sprung-up spontaneously after the fall of Hussein were often
set aside, although in some places they were screened into the
process. The new local councils are supposed to be
non-ideological. Political parties were formally excluded from the
process. However, participant training has included seminars on
neo-liberal and free market principles, which are echoed by some
of the parties contending for office.
Sources:
Herbert Docena, "Getting the 'Right' People in Iraq,"
Middle East Report 232 (Fall 2004); William I. Robinson,
"What to Expect from US 'Democracy Promotion' in Iraq, New
Political Science (September 2004); US Agency for International
Development, A Year in Iraq (Washington DC: US AID, May 2004);
Naomi Klein, "RTI Plans Future 'Local' Government," The
Nation, 5 February 2004; Office of the Spokesman, United States
Allocates $871 Million to Support Iraqi Elections (Washington DC:
US Department of State, 22 October 2004); "Iraq: Elections
And Democracy Promotion Assistance," Daily Press Briefing, US
Department of State, 21 October 2004; United States Institute of
Peace, Donor Activities and Civil Society Potential in Iraq,
Special Report 124 (Washington DC: USIP, July 2004); US Agency for
International Development, A Year in Iraq (Washington DC: US AID,
May 2004); and, Ariana Eunjung Cha, "Hope and Confusion Mark
Iraq's Democracy Lessons," Washington Post, 24 November 2003,
p. 1.
9. Walter Pincus,
"Security Issue Threatens to Skew Iraq Vote; Only Candidates
Who Can Afford Guards Have Their Names Publicized,"
Washington Post, 16 January 2005, p. 27; and, Anthony Shadid,
"Hazards On Trail For Sunni Politicians; Party Feeling
Harassed By Iraqi Rebels, US," Washington Post, 26 November
2004, p. 1.
10. Dexter
Filkins, "Rising Violence and Fear Drive Iraq Campaigners
Underground," New York Times, 16 January 2005, p. 1.
11. Dan Murphy,
"Secrecy surrounds Iraq vote; Concerned about violence, some
political parties won't even reveal candidate lists,"
Christian Science Monitor, 13 January 2005.
12. Robin
Wright, "No Foreign Observers to Monitor Iraq Vote,"
Washington Post, 22 January 2005, p. 12.
13. Timothy J.
Burger and Douglas Waller, "How Much US Help? The Bush
Administration takes heat for a CIA plan to influence Iraq's
elections," Time, 4 October 2004. Washington Post columnist
Jim Hoagland has suggested that the actual efforts probably did
not extend much beyond a campaign to raise fears about Syrian and
Iranian interference in the election, raise suspicions about
Shiite fundamentalist links to Iran, and engineer a
"kiss-of-death" meeting between Iraqi president Ghazi
Yawar and Mohammed Younis Ahmed, the former secretary general of
the Baathist party. Jim Hoagland, "Scare Tactics in
Baghdad," Washington Post, 19 December 2004, p. B7.
14. Iraq does
not stand alone in having a single, nation-wide electoral district
for parliamentary elections, but most countries that follow this
path -- for instance, Moldova, Kosovo, the Netherlands, Slovakia,
and Israel - are smaller in size and population than Iraq.
15. Warren Vieth,
"US To Lay Off 500,000 In Iraq," Los Angeles Times, 5
June 2003.
16. Walter
Pincus, "Iraqi Rules for Candidacy Spur Some US Concern; UN
Also Worries Pressure May Squelch Sunnis," Washington Post, 6
November 2004, p. 19.
17. Sergei
Danilochkin, "Iraq: Authorities Announce New De-Baathification
Measure," RFE/RL, 14 January 2004; "Iraqi council set to
root out Baathists," AFP, 12 January 2004; Jonathan Steele,
"US decree strips thousands of their jobs," The
Guardian, 30 August 2003; Ilene R. Prusher, "Jobless Iraqi
soldiers issue threats; The US de-Baathification policy would not
allow senior officers to join a reconfigured military,"
Christian Science Monitor, 5 June 2003; Jim Krane, "Many
Baathists Banned from Iraq Government," Associated Press, 16
May 2003; and, Peter Ford and Faye Bowers, "Regime Change:
How much of a purge is needed?" Christian Science Monitor, 23
March 2003, p 4.
18. Rory
McCarthy, "U-turn on hiring of Baath party members," The
Guardian, 23 April 2004.
19. Law of
Administration for the State of Iraq For the Transitional Period
(Baghdad: Coalition Provisional Authority, 8 March 2004), Article
31 (B) (2).
20. Law of
Administration for the State of Iraq For the Transitional Period,
Article 31 (B) (3).
21. Law of
Administration for the State of Iraq For the Transitional, Article
36 (B) (3).
22. Douglas
Porch, "Germany, Japan, and the De-Baathification of
Iraq," Strategic Insight, Center for Contemporary Conflict, 7
March 2003.
23. Sources
on the Iraqi National Conference, August 2004:
Editorial, "Politics of
Exclusion in Iraq," New York Times, 22 August 2004, p. 8;
Michael Howard, "Iraq names
first assembly in day of drama," The Guardian, 19 August
2004;
Rajiv Chandrasekaran, "In
Discord, Iraqis Select Interim Assembly," Washington Post, 19
August 2004, p. A19;
James Hider, "Council is chosen
without vote, The Times (London), 19 August 2004;
"Delegates brand Iraqi council
vote undemocratic," Deutsche Presse-Agentur, 19 August 2004;
"New Iraqi legislature voted by
default," Agence France Presse, 18 August 2004;
Sam Dagher, "Iraq national
conference on brink of collapse; Protestors accuse political
bigwigs of have already drawn up their lists for selecting Iraq's
national council," AFP, 17 August 2004;
Charles Recknagel and Peyman Pejman,
"National Conference Speaking for the Nation, But How
Representative Is It?", Radio Free Europe/Radio Liberty, 17
August 2004;
Mohamad Bazzi, "A fight for
influence in Iraq; Democratic exercise has become divisive with
rivalries between former exile parties, homegrown leaders,"
Newsday, 1 August 2004, p. 32;
Rory McCarthy, "US opponents to
boycott Iraqi national conference," The Guardian, 10 July
2004; and
Annia Ciezadlo, "Iraq's
Governing Council grants itself new leadership role; Most members
gain seats of power in new government," The Daily Star
(Lebanon), 25 June 2004.
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