2011 FDA Global Electoral Fairness Audit                        of Iraq’s Federal Electoral SystemExecutive Summary: Iraq ...
About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement ("FDA")s mission is to advance f...
overlooked by the international community in determining electoral fairness. Moreover, these fourareas cover broad aspects...
FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, FDA founder and executive director, bachelor...
Table of Contents:Political Background on Iraq               8Chapter 1: Political Content of Media      13Executive Summa...
Chapter 6: Analysis                  64Chapter 7: Conclusion                66Chapter 8: Recommendations           67Refer...
Political Background on IraqThe Preamble to the Iraqi Constitution 2005In the name of God, the Most merciful, the Most com...
the findings of science and man’s civilization. The adherence to this Constitution preserves forIraq its free union of peo...
population.Fifth: Each region or governorate may adopt any other local language as anadditional official language if the m...
A proportional system is used to distribute the governorate seats: seats are awarded based oneach list’s share of the vali...
The governorates with the lowest share of elected women will be identified. These will need toincrease the number of winni...
Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Iraqi laws and regulati...
Article 2:The journalist is not to be arrested or detained because of his work as a journalist except by acourt order and ...
Article 12:It is incumbent upon the presidents of the local and foreign media institutions working in Iraq tosign business...
Electoral Fairness Audit Results for Media and Broadcasters:Score:The FDA electoral fairness audit team could not reach co...
Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Iraqi laws and ...
Section 3(Terms of electoral campaigns)1. Baghdad Municipality and the relevant municipalities in theprovinces Determine i...
gifts, donations, or any other benefits, by the intention ofinfluencing voting.11. Political entities, coalitions and cand...
in the elections, then they should pay within (10) daysand bring what prove that; otherwise legal action wouldbe taking ag...
Section 5(Lists of candidates)1. In the lists of candidates, it is required as follows:A. Filling the list of candidates s...
directly to the electoral judicial commission.2. The chief of the PE, or the candidate, or the authorizedrepresentative of...
5. The Political Entity must submit a petition in writing using a samplemade by IHEC for this purpose; the request could b...
IHEC Regulation No.15c ) Commitment of Iraqi laws and regulations, includingprovisions of public meetings, and prevented i...
14. IHEC kept a special record of the certified political entities.15. Accreditations requests submitted by PE s to IHEC i...
provincial level.e. The petition should be signed by the heads of all the unitedpolitical entities. It should contain copi...
b- In case of producing a submission of registering a coalitionwhich participated in the previous elections, then it shoul...
if necessary to fulfill women’s quota. See below.Component seatsOf the 325 seats in the Council of Representatives, 8 are ...
Carnegie Endowment, Inside the 2010 Iraqi Election:Election DateWhile the Iraqi constitution had determined January 31 to ...
Electoral Fairness Audit Results for Equality of Candidates and Parties:Score:The FDA electoral fairness audit team could ...
and sales, churches and other places of worship to be used for the purposes of electoralpropaganda for the political entit...
Compensatory seats:1. According to the electoral law, the number of compensatory seats for the components asfollows:A.Chri...
the deposit.A political entity must win at least one seat in the election for the deposit to be returned,otherwise the sta...
individual votes. At the same time, to win a seat, a candidate must be registered to run in thegovernorate to which the se...
Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Iraqi laws and regulations w...
by the Commission.4. Lists of candidates in the province will be provided in theprovince which a political entity or coali...
b.If the complainant was a political entity then its deputymust sign the complaint.c .The complaint could be produced in t...
then its leader or representative will sign the response.3. A respond may be submitted to the electoral regional office or...
d.Preventing a Political Entity from participating in thefuture elections.e.Eliminating the name of the candidate from the...
Rational for Score:There are no limits on electoral donations.There are no limits on electoral spending.There is no regula...
Chapter Four: Voter SayChapter four will focus on the research and audit results of Iraqi laws and regulations withrespect...
from each governorate of the mentioned governorates which has been mentioned in Item 1/A ofthis section.7. The political e...
event in which the violation occurred.b.If the complainant was a political entity then its deputymust sign the complaint.c...
3. A respond may be submitted to the electoral regional office orto the GEO s and it should be submitted secretly o the Bo...
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
Iraq--2011 FDA Global Electoral Fairness Audit Report
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Iraq--2011 FDA Global Electoral Fairness Audit Report

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2011 FDA Electoral Fairness Audit of Iraq's federal electoral system

FDA auditors gave Iraq an overall electoral score of 35.25%. (50% is the minimum passing grade; 100% is the maximum grade.)

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Iraq--2011 FDA Global Electoral Fairness Audit Report

  1. 1. 2011 FDA Global Electoral Fairness Audit of Iraq’s Federal Electoral SystemExecutive Summary: Iraq received an overall score of 35.25 percent for electoral fairness.The score means that the constitutional and legislative basis for Iraqi democracy is moreunfair than fair. The Iraqi score is 15.25 percent above the level of significantly moreunfairness than fairness, and 5.25 percent greater than the FDA electoral fairness score forthe United States federal electoral system (30 percent). Despite many elements of electoralfairness such as proportional representation, compensatory and component seats forminorities, Iraqi democracy has an overemphasis on freedom (similar to the United Statesfederal democracy) at the expense of electoral equality and fairness. There are no restrictionon the political content of Iraqi media which allows wealthy individuals and groups todominate potentially electoral discourse. There are no caps on electoral donations andcandidate and party spending, and there is no transparency of candidate and party finances.The Iraqi electoral finance laws (or the lack of) favor wealthy citizens, candidates, parties,and legal entities, and allows for foreign intrusion. Iraqs overemphasis on electoral freedomwill likely undermine electoral equality and fairness, and works against a broad and balancedelectoral discourse. Electoral Fairness Audit Completed September 9, 2011 Updated October 2, 2011
  2. 2. About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement ("FDA")s mission is to advance fair and transparentdemocratic processes wherever elections occur. The FDA believes that fairer electoral systems and amore informed public will help ensure the election of candidates who truly represent the will of thepeople. The FDA fulfills its mission by performing detailed electoral audits on political candidates andparties to inform the public, objectively and impartially, about their electoral choices. Also, the FDAaudits electoral legislation in terms of fairness and equity, and conducts ground level assessments ofdemocratic processes. (For more information on the FDA visit: www.democracychange.com)Purpose of Electoral Fairness Audit:The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade and ranking forelectoral fairness in Iraq at the parliamentary level of government. This Audit is part of the FDA’sglobal audit of electoral fairness involving all countries which hold political elections. The FDAs goalis to give the citizens of Iraq an informed, objective perspective of the fairness of the Iraqi federalelectoral system.The views in this electoral fairness audit are the views of the FDA only. The FDA’s members andvolunteers are in no way affiliated with the Iraqi Independent High Electoral Commission or any of theIraqi registered/non-registered political parties. The Audit is an independent assessment based onobjectivity, transparency and non-partisanship. The FDA assumes no responsibility or liability for anyerrors in the calculation of its audit results or inaccuracies in its research of relevant Iraqi legislation.Methodology of the Electoral Fairness Audit:The FDA uses the methodology of more reasonableness which was created by FDA founder andexecutive director, Stephen Garvey. The methodology focuses on facts themselves for fairness andunfairness, and their comparative numerical value. To determine the correct numerical value for facts,FDA auditors are guided by matrices which show the numerical value of established facts, and FDAscoring scales for fairness and unfairness.The FDA focuses on four key areas of electoral fairness:1) Laws and regulations on the political content of media including newspapers, broadcasters andonline media before, during, and after elections;2) Laws and regulations on the candidates’ and parties’ influence before, during and after elections,such as national televised debates, restrictions on candidate nominations, party registrationrequirements, etc.;3) Laws and regulations on electoral finance, such as party and campaign donation limits, third partyspending limits etc.; and4) Laws and regulations on voter say before, during, and after an election. The FDA auditors determinethe fairness of Iraqi laws and regulations for voter say in the media, at the polling booth, throughelectoral finance and constitutional laws etc.The FDA audits these four areas of electoral fairness because, in our opinion, they are often ignored or
  3. 3. overlooked by the international community in determining electoral fairness. Moreover, these fourareas cover broad aspects of the electoral process in which fairness could be compromisedsignificantly. The FDA acknowledges that electoral laws and regulations may not necessarilycorrespond to the implementation of those laws and regulations or the public’s response to them. Theimplementation and response could be positive or negative, in terms of electoral fairness. Nevertheless,laws and regulations provide the foundation for democracy, framework for the electoral system, and anindication of electoral fairness. Also, a countrys constitutional and electoral laws are part of the realityof its democracy. A further study which tracks the actions of mainstream media and the enforcement ornon-enforcement of electoral laws and regulation, for example, would provide a more reliable overalldetermination of electoral fairness.The FDA researched current Iraqi legislation, in relation to the four areas of electoral fairness beingaudited. Following which, the FDA audited the research results via the FDA electoral audit team andestablished FDA matrices and scoring scales. The scores and the reasons for them are recorded.Weighting and Scoring:Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness andrelevancy. Each area of electoral fairness has a score range between 0 and 10, and each area is countedequally. The FDA auditors allow for overlap of electoral fairness areas, due to the interconnectednessof the areas. For example, electoral finance will be factored into the score for voter say and candidateand party influence if it is relevant to these areas. The total averaged score will provide an indication ofthe electoral fairness in Iraq.The FDA electoral audit team deliberated on the research on each area of electoral fairness, and thenattempted to reach consensus on the scores. When no consensus could be reached, the individual scoresof the team were averaged. The final score for each area must be supported by more sound reasons andcorrespond to the established FDA matrices and scoring scale.FDA Researchers:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development (University ofCambridge).Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee of theNational Iranian Oil Company, and Iranian citizen.
  4. 4. FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development (University ofCambridge).Electoral Auditors:Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee of theNational Iranian Oil Company, and Iranian citizen.Ms. Anastassia Poukalenko, FDA researcher and bachelor degree in International Relations (Universityof Calgary).Mr. Dane Synnott, FDA volunteer and bachelor degree in History (University of Calgary).Mr. Geoff Thiessan, FDA researcher and editor, bachelor degree in English Literature (University ofCalgary), former freelance reporter, and Surface Land Administrator.Mr. John Trikola, FDA director of fundraising and executive business experience.Report Writer:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development (University ofCambridge).© 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K 1P0info@democracychange.com
  5. 5. Table of Contents:Political Background on Iraq 8Chapter 1: Political Content of Media 13Executive Summary 13Research Excerpts 13Score 16Rational 16Chapter 2: Candidate and Party Influence 17Executive Summary 17Research Excerpts 30Score 30Rational 30Chapter 3: Electoral Finance 35Executive Summary 35Research Excerpts 35Score 39Rational 40Chapter 4: Voter Say 41Executive Summary 41Research Excerpts 41Score 60Rational 60Chapter 5: Overall Audit Results 63
  6. 6. Chapter 6: Analysis 64Chapter 7: Conclusion 66Chapter 8: Recommendations 67References: 68Appendix: FDA Global Audit Results 69
  7. 7. Political Background on IraqThe Preamble to the Iraqi Constitution 2005In the name of God, the Most merciful, the Most compassionate{We have honored the sons of Adam}We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of thevirtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon ourland the first law made by man was passed, and the oldest pact of just governance was inscribed,and upon our soil the saints and companions of the Prophet prayed, philosophers and scientiststheorized, and writers and poets excelled;Acknowledging God’s right over us, and in fulfillment of the call of our homeland and citizens,and in a response to the call of our religious and national leaderships and the determination ofour great authorities and of our leaders and politicians, and in the midst of international supportfrom our friends and those who love us, marched for the first time in our history towards theballot boxes by the millions, men and women, young and old, on the thirtieth of January 2005,invoking the pains of sectarian oppression inflicted by the autocratic clique and inspired by thetragedies of Iraq’s martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all othercomponents of the people, and recollecting the darkness of the ravage of the holy cities and theSouth in the Sha’abaniyya uprising and burnt by the flames of grief of the mass graves, themarshes, Al-Dujail and others and articulating the sufferings of racial oppression in themassacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of theTurkmen in Bashir and the sufferings of the people of the western region, as is the case in theremaining areas of Iraq where the people suffered from the liquidation of their leaders, symbols,and Sheiks and from the displacement of their skilled individuals and from drying out of itscultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create ournew Iraq, the Iraq of the future, free from sectarianism, racism, complex of regional attachment,discrimination, and exclusion.Accusations of being infidels, and terrorism did not stop us from marching forward to build anation of law. Sectarianism and racism have not stopped us from marching together tostrengthen our national unity, following the path of peaceful transfer of power, adopting thecourse of just distribution of resources, and providing equal opportunity for all.We, the people of Iraq, who have just risen from our stumble, and who are looking withconfidence to the future through a republican, federal, democratic, pluralistic system, haveresolved with the determination of our men, women, elderly, and youth to respect the rule of law,to establish justice and equality, to cast aside the politics of aggression, to pay attention towomen and their rights, the elderly and their concerns, and children and their affairs, to spreadthe culture of diversity, and to defuse terrorism.We, the people of Iraq, of all components and across the spectrum, have taken upon ourselves todecide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, andto enact this permanent Constitution, through the values and ideals of the heavenly messages andFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 7
  8. 8. the findings of science and man’s civilization. The adherence to this Constitution preserves forIraq its free union of people, of land, and of sovereignty.Article 1:The Republic of Iraq is a single federal, independent and fully sovereign state in whichthe system of government is republican, representative, parliamentary, and democratic,and this Constitution is a guarantor of the unity of Iraq.Article 2:First: Islam is the official religion of the State and is a foundation source oflegislation:A. No law may be enacted that contradicts the established provisions of IslamB. No law may be enacted that contradicts the principles of democracy.C. No law may be enacted that contradicts the rights and basic freedomsstipulated in this Constitution.Second: This Constitution guarantees the Islamic identity of the majority of theIraqi people and guarantees the full religious rights to freedom of religious beliefand practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.Article 3:Iraq is a country of multiple nationalities, religions, and sects. It is a founding and activemember in the Arab League and is committed to its charter, and it is part of the Islamicworld.Article 4:First: The Arabic language and the Kurdish language are the two officiallanguages of Iraq. The right of Iraqis to educate their children in their mothertongue, such as Turkmen, Syriac, and Armenian shall be guaranteed ingovernment educational institutions in accordance with educational guidelines, orin any other language in private educational institutions.Second: The scope of the term “official language” and the means of applying theprovisions of this article shall be defined by a law and shall include:A. Publication of the Official Gazette, in the two languages;B. Speech, conversation, and expression in official domains, such as theCouncil of Representatives, the Council of Ministers, courts, and officialconferences, in either of the two languages;C. Recognition and publication of official documents and correspondence inthe two languages;D. Opening schools that teach the two languages, in accordance with theeducational guidelines;E. Use of both languages in any matter enjoined by the principle of equalitysuch as bank notes, passports, and stamps.Third: The federal and official institutions and agencies in the Kurdistan regionshall use both languages.Fourth: The Turkomen language and the Syriac language are two other officiallanguages in the administrative units in which they constitute density ofFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 8
  9. 9. population.Fifth: Each region or governorate may adopt any other local language as anadditional official language if the majority of its population so decides in ageneral referendum.Election Law for the 2010 Council of Representatives Elections (from the UNAMI Office ofElectoral Assistance on Iraq: ):What is the seat allocation for the Council of Representatives?The Parliament or Council of Representatives consists of 325 seats of which 310 are generalseats allocated to 18 governorates and 15 are complementary seats, of which 8 are allocated tominorities. Seat allocation has been based on the 2005 population data obtained from theMinistry of Trade and adjusted for 2.8% annual growth across all governorates.What is an “open list” ballot?Open list ballots are those in which voters must mark their preferred political entity and are givena choice of that entity’s candidates to choose from within an open list. The seats won by thepolitical entity are then distributed to their candidates on the basis of their popular vote. Althoughit adds some complication to training and counting processes, the system enhances the role of thevoter in the election beyond casting a vote for just the political entity.Electoral system and seat allocationThe electoral system for the Council of Representative election is determined by the provisionsof the Electoral Law of 2005, as amended in 2009. The Board of Commissioners of the IHEChas adopted regulation 21 of 2010 to implement these provisions. This regulation explains howvotes are translated into seats, and how seats are awarded to candidates within each winning list.Open list systemPolitical entities can either be parties, who participate by submitting lists of candidates, orindividual candidates, who are also known as “single lists”. Political entities can submit up totwo times as many candidates as there are seats in a governorate. 25 % of a list’s candidates mustbe women.The election will be held on the basis of an “open list” system: voters will express theirpreference for a list, but they can also mark their preferred candidate within that list. The latter isreferred to as an individual vote. The number of such individual votes will determine whichcandidates within a winning list will be awarded a seat.Governorate seatsAccording to the Electoral Law, there are 325 seats in the Council of Representatives.310 of these are known as governorate seats: each governorate has a certain number of seatsdetermined by law, based on population figures. Each governorate is one constituency. Thismeans that political entities compete for votes in the respective governorates, and results arecalculated governorate by governorate. (This is why there are different ballots for eachgovernorate for in-country voting).Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 9
  10. 10. A proportional system is used to distribute the governorate seats: seats are awarded based oneach list’s share of the valid votes in a constituency. This is done in a number of steps orcalculations set out in the IHEC seat allocation regulation.To be awarded a seat, each list must have won a number of votes that is at least equal to the“electoral divider”. The electoral divider is different in each constituency. It is calculated bydividing the number of all valid votes cast for governorate seats by the number of thosegovernorate seats. If a list’s vote total does not reach the electoral divider, the list will not winany seat.A list cannot win more seats than it has candidates. Single lists, even if they receive a large shareof the votes, will not receive more than one seat.Within each winning list, candidates are ranked by the number of their individual votes, fromhighest to lowest. In principle, this ranking will determine which candidates will be awarded aseat. However, this initial ranking will be adjusted if necessary to fulfill women’s quota. Seebelow.Component seatsOf the 325 seats in the Council of Representatives, 8 are reserved for minorities. These areknown as component seats. There is one seat reserved for the Yazidi community in Ninewa, onefor the Sabea in Baghdad, and one for the Shabak in Ninewa. Each of these three seats representsa separate constituency and a separate race. The list with the most votes in a constituency willwin the seat.There are also 5 seats reserved for Christians. Each of these seats is linked to one governorate:Baghdad, Erbil, Ninewa, Dahuk or Kirkuk. Nevertheless, the five seats constitute one nationalconstituency, and all lists compete for the five seats at the same time. Seats are allocated inproportion to each list’s share of the total valid votes, provided the list has reached the electoraldivider. Within each winning list, seats are in principle awarded to candidate(s) with the mostindividual votes. At the same time, to win a seat, a candidate must be registered to run in thegovernorate to which the seat is linked, and all five winners must be registered in a differentgovernorate. Adjustments will be applied and priority will be given to single lists if necessary.Compensatory seatsThe remaining 7 seats in the Council of Representatives (after 310 governorate seats and 8component seats) are known as compensatory seats. Compensatory seats are awarded to winninglists in proportion to the governorate seats they won in the country as a whole. A winning list’scompensatory seats are awarded to the candidate(s) who did not yet win a seat, and who receivedthe list’s highest share of individual votes when compared to candidates running for that list inother governorates.Women’s quotaThe Constitution and the Electoral Law protect the participation of women in the Council ofRepresentatives. If at least 82 women (25% of 325 seats) get elected through the processesdescribed above, no additional steps are required in the distribution of seats. However, if thenumber of women is below 82, a special mechanism will be applied.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 10
  11. 11. The governorates with the lowest share of elected women will be identified. These will need toincrease the number of winning female candidates until the number in the Council ofRepresentatives reaches 82. Within each of the governorates so identified, the winning lists withthe lowest share of elected women will be identified, and these will need to increase the numberof women, until the required number is reached for the governorate. Within each list soidentified, the list of candidates will be re-ranked so that women candidates move up the list towinning positions to replace male candidates, until the required number is reached for that list.This adjustment mechanism will ensure that there are at least 25% women in the Council ofRepresentatives, although the percentage of women in each governorate and each list may vary.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 11
  12. 12. Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Iraqi laws and regulations withrespect to the political content of media, including newspapers, broadcasters and on-line media,before, during and after elections.Executive Summary: Iraq received a score of 44 percent for the fairness of the political contentof media (including broadcasters and the press). The scores means that Iraqs legislative basis forthe medias political content is more unfair than fair. There are no legal restrictions on thepolitical content of public and private media, barring restrictions on false and defamatorystatements, and ideas of violence, sectarianism, and terrorism. Iraqs public and private mediacan be partisan during election periods. Iraq does not have media ownership concentration lawswhich promotes plurality like in France and Bolivia. However, Iraqi journalists have professionalrights including freedom to attend conferences and public meetings, and the same rights as civilservants. Also, there is a diverse Iraqi domestic and foreign media which at present helpspromote plurality. Overtime though, like in the USA and Canada, Iraqs major media market maybecome more and more concentrated in terms of ownership. The score of 44 percent reflects thefreedom of the media and journalists within extremes, and the corresponding negative impact ofunrestrained media freedom, whereby individuals and groups with more financial means andmedia access can undermine electoral plurality.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Iraqi ConstitutionArticle 38:The State shall guarantee in a way that does not violate public order and morality:A. Freedom of expression using all means.B. Freedom of press, printing, advertisement, media and publication.C. Freedom of assembly and peaceful demonstration, and this shall be regulatedby law.The Journalists Protection LawArticle 1:Any violation against a journalist while he is performing his journalistic role is considered to bean assault tantamount to a violation against a civil servant while he is performing his officialduties. The offender is to be punished by the legally provided sentences (for violations against) agovernment employee.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 12
  13. 13. Article 2:The journalist is not to be arrested or detained because of his work as a journalist except by acourt order and after notifying the Iraqi Journalists Syndicate and the participation of itsrepresentative in the investigation.Article 3:The journalist has the right to access any information in the custody of the governmentdepartments and public institutions to transmit them to the public. These bodies are not entitledto refuse the journalist’s request to obtain information except in the case that revealing theinformation would cause great damage to the national interests, in a greater way than the damagethat would obtain if this information were not published, and were concealed from the public.Article 4:The journalist has the right not to reveal the sources of information, unless it is necessary toprevent a crime or discover the perpetrator (of a crime), on the condition that a court order beissued by the court concerned in the matter. Claims for compensation are not permitted afterthree months of the date of issue (of the court order).Article 5:It is not permitted to confiscate the journalists equipment except by order of the court, and that(the confiscation) be necessary to prevent a crime or in the investigation of (a crime).Article 6:The state is to establish an effective capability to protect the journalists and media outlets, and toinvestigate the crimes to which they are subjected.Article 7:The security agencies are to conduct immediate investigations in the case of any journalist beingsubjected to any kind of threat or harm, and to make every effort to punish the perpetrators.Article 8:Journalists are permitted to carry out their work without interference on the part of the securityforces unless there is legitimate justification.Article 9:The state will be responsible for the care for families of martyrs of the press by appropriatingpensions for them.Article 10:The state will appropriate salaries for journalists who are subjected to disability because of theirwork, if the disability is greater than 50 percent.Article 11:The state is responsible for health care of journalists, and to make outlays for treatment expensesinside and outside the country if the injury or disability occurred because of their journalisticwork.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 13
  14. 14. Article 12:It is incumbent upon the presidents of the local and foreign media institutions working in Iraq tosign business contracts with the journalists that are working in their institutions according toforms prepared by the Iraqi Journalists Syndicate (enumerating) the rights of the institution andthe employee. A copy of the contract is to be submitted to the Syndicate.Article 13:It is not permitted to dismiss a journalist from his work except after notifying the JournalistsSyndicate of the pretexts for the dismissal. If the Syndicate has conducted an arbitration stagebetween the journalist and the institution, the provisions stated in the labor law will apply afterthe expiration of the contract.Article 14:The journalist has the right to attend conferences, general sessions and public meetings in orderto perform his professional work.Article 15:The law is the only authority over journalists in the conduct of their work.Article 16:A journalist is one who works for press (outlets) that may be read, heard, or viewed, and who isaffiliated with the Iraqi Journalists Syndicate.Article 17:The Press Law, number 206 of the year 1968 is canceled with all its amendments.Article 18:This law is to be considered effective from the date of its publication in the official newspaper.Included in this law is prohibition against the journalists from publishing information that wouldthreaten national security or endanger the public in anyway, and unconfirmed information that ishostile to public institutions, harms reputation of public and government figures.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 14
  15. 15. Electoral Fairness Audit Results for Media and Broadcasters:Score:The FDA electoral fairness audit team could not reach consensus on a score. However, the scoresare similar with the largest margin of difference in scores being 2, and only one participant had adifferent score.One auditor abstained from scoring due to lack of confidence in his scoring in this section.The scores were totaled and averaged, with each score having equal weight.4/104/104/106/104/1022/50 (44 percent)Total: 4.4/10Rational for Score:There are no restrictions on the political content of public and private media.The state disallows journalists from releasing unconfirmed information which harms thereputation of the public and government officials, and harms national security.Journalists have a right of access to information as long as the information does not have nationalsecurity.The 2011 Journalism Protection Laws has measures to protect journalists in carrying out theirprofession, including freedom from attend conferences and public meetings, and the same rightsand protections as a civil servant.The score of 44 percent means that Iraqi legislative basis for the medias political content is moreunfair than fair. The Iraqi media laws are deficient overall by allowing too much freedom at theexpense of equality and fairness. This deficiency is part of US federal democracy as well inwhich public (non-government funded) and private media have no restrictions on their politicalcontent. Therefore through an oligopoly of major media owners, political pluralism and balancedelectoral coverage in the US federal electoral system in terms of all registered parties is non-existent.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 15
  16. 16. Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Iraqi laws and regulations withrespect to the fairness of candidates and parties’ influence before, during and after elections.Executive Summary:Iraq received a score of 26.6 percent for fairness of candidate and party influence. The scoremeans that Iraqs legislative basis for candidate and party influence is bordering significantlymore unfair than fair. Iraq has many elements of fairness in its legislation for candidate and partyinfluence such as compensatory and component seats for minorities including religious, 25percent of parliamentary seats reserved for women, and proportional representation based on anelectoral divider number. However, these equality and fair elements are more than offset by theexcessive amount of deposits for registration of political candidates and parties, no restrictionson the political content of media, at least 500 qualified candidates required for registration ofpolitical parties, reserved seats for women which is counter to electing candidates who moreclosely represent the will of the people, no electoral finance regulations (which favors wealthycandidates and parties), and 30 year old minimum age and at least high school diplomarequirements to run as a candidate (which discriminates against younger Iraqi citizens and citizenwho did not attend high school or complete it).Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:IHEC Regulation No.193. "The political entity": Is an organization, including thepolitical party or the person who intends to stand alone for theelections on the condition that they obtain certification of apolitical entity by the Commission.Section2(The Electoral campaign period)1. The political entities, coalitions and candidates authenticated bythe Commission got the right to begin their electoral campaignsstarting from the day following the date of publication of thenames of candidates approved by ,campaigns will stop before(24) hours from the time the polls centers are opened.2. The electoral campaign of the political entities, coalitions andcandidates approved by should be free and within the limits ofexisting laws and regulations of the Commission.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 16
  17. 17. Section 3(Terms of electoral campaigns)1. Baghdad Municipality and the relevant municipalities in theprovinces Determine in coordination with the commission;the places in which it is prohibited to practice the electoralpropaganda and paste the electoral announcementthroughout the campaign period preceding the day of the elections and prohibiting thepublication of any propaganda programs or pictures of the candidates at polling stations.2. Political entities, coalitions and candidates should be surethat their electoral campaign in any location within theconditions prescribed in this regulation and codes ofconduct signed by the President of a political entity, as partof the authentication process.3. Prohibiting the use of adhesives (gum, asafetida, and othermaterials) as well as writing on the walls using paint andSpray in the exercise of the electoral campaign.4. Prohibiting the use of the official emblem of the State in themeetings, announcements and bulletins in the electoralwritings and fees that are used in the electoral campaign.5. It is Allowed to use the images and symbols of personalpublicity for non-candidates but no references to religion.6. It is allowed to use the states departments, including itsmilitary and security, mosques and Shiite mosques and holyshrines, shrines and sales, churches and other places ofworship to support the electoral process exclusively, maynot be used for the purposes of electoral propaganda for thepolitical entities, lists, or candidates.7. The staff of government departments and local authoritiesof different degrees and level are not allowed to exploittheir posts, the state resources, or its means including itsmilitary and security systems to arrange the electoralcampaign for their benefits or for any candidate or politicalentity, or to influence voters.8. Political entities, coalitions and candidates are not allowedto issue false statements or defamation against a candidateor a political entity that involved in the electoral process oragainst the Commission.9. It is prohibited for any political entity or coalitionparticipating in the elections; to include its electioncampaigns ideas calls for arising national, religious,sectarian, tribal, or regional sectarianism between citizens,whether through the logos, pictures, posters, television,radio broadcasting or other media and variouscommunication means.10. It is prohibited for any political entity, coalition, orcandidate to submit, during the electoral campaign, anyFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 17
  18. 18. gifts, donations, or any other benefits, by the intention ofinfluencing voting.11. Political entities, coalitions and candidates should refrainfrom violence, hatred, intimidation, or supporting,practicing, using or arising terrorism during the electoralcampaign, through the expression of the views or speeches,writings, posters or visual media or audio or any othermean.12. It is prohibited to spend on electoral campaigns from thepublic money, the budget ministries, endowment funds orfunds of external support.13. An obligation not to assault or exposure to any otherelection propaganda concerning political entities orcoalitions, or candidates.14. The candidates as well as employees in governmentsdepartments or members of local authorities are not allowedto distribute work programs on the day of voting by eitherhim /her self or by another.15. It is not permitted to use the pictures of candidates atpolling stations.Section 4(Implications of the violation of the conditions ofelectoral campaigns)1. Monitoring committees, which is formed in IHEC offices, willcoordinate with directorates and municipal departments tocontrol violations of the electoral campaign.2. Commission imposed a fine on any political entity,coalition, or candidate violates this regulation or the codeof conduct of political entities, signed by them, IHECwill also takes legal action to enforce the penaltiesstipulated in the amended Electoral law No. 16 of 2005.3. Political entities which violated the electoral campaignswill be informed to remove the offense during (3) daysfrom the date of notification; or else the fine will bedoubled in case that the entity is not complying, then thenames of violated entities will be published in media.4. Political entities should remove all items of the mediacampaign during the (30) days from the day followingthe polling day, otherwise it will be loaded cost ofremoving such violations, which are identified by thedirectorates and departments of the municipality.5. Deposits will not be returned to political entities whowon one seat but after the payment of amounts ofremoving irregularities, if deposits were not enough topay these amounts or political entities did not get a seatFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 18
  19. 19. in the elections, then they should pay within (10) daysand bring what prove that; otherwise legal action wouldbe taking against them.IHEC Regulation No.1710."Component Seats":- Are seats allocated by the Electoral lawfor the components (Christian, Alaezidians, Sabians,Mandaeans and Shabak).Part 3(Political entities and candidates)1. It is not permissible for a political entities not approved by theCommission to submit lists of candidates for elections.2. Two political entities or more could form a coalition to share theinterests and produce a list of their nominators and to arrangemedia campaign for nominators included in the coalition.3. Political entities present lists of candidates to contest theelections in one electoral district or more, at the same timeforming a coalition with another political entity to provide a listof candidates to constituencies other than in which the politicalentity on its own.4. Political entities and coalitions wishing to contest the electionsin one precinct or more provide a list of candidates to contestthe elections in each precinct.Section 4(Component Lists)1. According to the electoral law, the number of compensatoryseats for the components as follows:A.Christian component: - five seats are distributed to thegovernorates of Baghdad, Nineveh, Kirkuk, Dohuk andErbil. Iraq will be considered as one electoral district forthe Christian ComponentB. Aezidian component: - one seat in the province ofNineveh.C. The Serbian Mandaeans component: - one seat in theprovince of Baghdad.D. Shabak component: - one seat in the province of Nineveh.2. The type of component that the political entity wants to competefor seats for the entities competing for the components seats;must be specified.3. Lists of candidates will be provided during the period specifiedby the Commission.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 19
  20. 20. Section 5(Lists of candidates)1. In the lists of candidates, it is required as follows:A. Filling the list of candidates submitted to the commissionelectronically.B. Not exceeding the number of candidates in the list double thenumber of seats allocated to the constituency and at leastthree candidates, excluding a political entity, the individual.C. The proportion of women is not less than 25%in the list.D. Entities components should provide a list of two candidatesfor each seat from the components seats.2. May not be for a political entity or coalition, to withdraw orchange lists of candidates after they submit them to thecommission, lists of candidates submitted considered final,unless they are requested by the commission for the purpose ofmaking the list meets the requirements of the regulation. In thiscase, a new list must be submitted in accordance with thechanges required before the expiry of the period specified by theCommission for its approval of the candidates. Political entitiesmust make sure from the lists before their submission.Part 6(Eligibility of the candidate)1. A candidate should be a full eligible Iraqi, as well as thefollowing conditions:-A. Should be at least at the age of thirty years.B. Should not be covered by the law of accountability andjustice.C. Has not illegally enriched at the expense of the homelandand public money.D. Not convicted of a crime involving moral turpitude, andshould be known by the good curriculum.E. To be the holder of a high school diploma or equivalent as aminimum.F. Should not be a member of the armed forces whennominating.2. Candidates are subject to the approval of the Commission.12. Political entities and their candidates got the right to appeal thedecision of the Commission to reject the ratification of the listsof candidates to the judiciary commission for the elections.Part 8(Challenging on the results of elections)1. Challenges on results are submitted to the electoral office in thegovernorate, regional electoral office, in the national office, orFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 20
  21. 21. directly to the electoral judicial commission.2. The chief of the PE, or the candidate, or the authorizedrepresentative of the entity could submit the challenge, if theelectoral system depends on the system of open list.3. The challenge is produced before one of the sides mentioned inthe item (1). The same challenge is not allowed to be submittedto more than one side.4. Publishing results in at least three daily newspapers and in bothlanguages, English and Arabic once. The results will bechallenged within three days starting from the next day ofpublication.10."Electoral Judicial Body": -A body which consisted of threejudges appointed by the court of appeals that looks in appealing onthe final decisions of the BoC or those submitted from those affectedby the decisions of the Board.Regulation No. 15Part 2(Certification of Political Entities)1. IHEC set a period of time to receive submissions of thecertifications of the Political Entities; requests will not be receivedbefore or after this period.2. Any group or person got the right to compete in elections bysubmitting a petition to IHEC to get the certification by IHEC as apolitical entity. When submitting a request, financial credits shouldbe deposit for (5.000.000) five million Iraqi Dinars for theindividual who wish to be certified on as a PE. In addition(25000.000) twenty five million Iraqi Dinars, for the group whowish to be accredited as a PE by IHEC.3. If the PE or the Coalition were imposed to a financial fine as aresult to the violation of any electoral law, electoral regulations,code of conduct...etc.; a financial fine will be discounted fromthe imposed sum of money if it was enough to cover the amountof, fine otherwise the PE must pay the rest of the amount.4. If any financial penalties have not been imposed, then the entrustedsum will be back in whole after the elections, on the condition thatthe entity or the coalition got the needful votes to win a seat at leastin these elections, in addition to the accredited entities or coalitionswhich did not submit their nominators lists. If the PE or thecoalition got less than the above ratio, the sum will be credited as afund to the states budget.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 21
  22. 22. 5. The Political Entity must submit a petition in writing using a samplemade by IHEC for this purpose; the request could be submitted tothe national office in Baghdad, or the regional electoral office, or tothe governorate electoral office.6. The submission should include the following information:-a) A full name of the Political Entity.b) A name of the chief of the political entity or the single person andaddress, information to make contact with, and his signature.c ) A copy of the Code of Conduct signed by the political entity.d) Depositing financial insurance.e ) An electronic and paper copy of the internal regulation whichorganizing the political entitys activities (except individual PE);on condition that the technique in choosing heads, candidates,secretariat, commission, or the political office and to point tothe resources of financing the party and this regulation isavailable to the people to review it.f ) Electronic and in writing copy of the political entitys logo.g) A list of qualified candidates no less than (500) voters includingtheir names, dates and places of their born, addresses, and theirsignatures or seals with numbers and dates of their nationalcertificates. Those must not sign for another political entity forthe same purpose.h) Name of the political entitys authorized representative, address,and means of communication, as a responsible liaison withIHEC on the national, regional, and provincial level.i ) Political Entities should produce an E-mail address for the sakeof informing and addressing.j ) Curriculum Vitae of the chief o the political entity and themembers of the side got the authority of changing the chief ofthe entity ands according to the internal regulation.7. PE s that had been Certified on in the previous elections, got theright to keep the same logo and name in the case of not changingname, logo, or chief of the entity on the condition that they shouldprovide the necessary documents of certification.8. A political entity who requests certification must sign the Code ofConduct with the way decided by IHEC in which it declares thefollowing:-a ) Do not have any connection with armed force, militias, orleftover military unit that has been defined in order (91) ofthe year 2004.b) Do not have a direct or indirect financing from any armedforce, militias, or leftover military unit.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 22
  23. 23. IHEC Regulation No.15c ) Commitment of Iraqi laws and regulations, includingprovisions of public meetings, and prevented irritation ofhatred and violence, frightened others, and support and useof terrorism.d) Compliance with the regulations, rules, suggestions,procedures, and the Code of Conduct published fromIHEC.9. Political Entity will be accredited by IHEC if the followingconditions were approved:-a ) Lack of substantial deficiency where the submission shouldmeet the conditions.b) Name of a Political Entity and its logo should not be similar tothe name and logo of a party, organization, assembly,existent movement, or a political Entity registered or underregistration, otherwise priority will be for the previousregistered entity.c )The name of the political entity must not arise hatred andviolence or violating the general regulation, must notcontain any personal photo or symbols either military orreligious.10. If the submission lacked the conditions of certification, the PE willbe informed by IHEC about its decision, by then PE should amendor finish the submission, and deliver it within a specified period tocertify on the PE s.11. IHEC will inform the PE with its agreement on the submission bypublishing it on the electronic web site of IHEC in addition to labelit on the advertising board of the electoral office (which receivedthe petition) and in the advertising board the national office inBaghdad. In case of refusing IHEC will inform the PE s of therefusal by publishing its decision in the electronic web site of IHECand in a three daily newspapers for at least (three days) and in bothlanguages English and Arabic.12. Any of the PE s got the right to complain to the BOC about anydecision made by IHEC according to this regulation.13. Any of the PE s got the right to appeal on the Boards decision infront of the electoral judicial body within three days starting withthe next date of publishing.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 23
  24. 24. 14. IHEC kept a special record of the certified political entities.15. Accreditations requests submitted by PE s to IHEC is not allowedto be amended after producing them to IHEC, unless IHEC requeststhese amendments for applying this regulation.16. The political entity is not allowed to withdraw from thecompetition at the end of the certification period on candidateslists.17. PE s Re not allowed to nominate it candidates unless it isregistered and certified on by IHEC as a PE.18. Political Entities are entitled to form a coalition to collect interestsand to do the electoral campaign for candidates in the coalition.19. All Political Entities including certified individuals are equalbefore the law.Part 3(Coalition of the Political Entities)1. Two or more political entities are allowed to form a coalition toproduce a shared list of candidates according to a form made byIHEC for this purpose.2. The political entity is not allowed, in particular elections, toproduce an individual list of candidates and at the same time itsubmitting candidates within a coalition. It is not allowed toparticipate in more than one coalition at the same elections.3. Every political entity got the right to participate in the differentcoalitions. Or the political entity could submit, by its self, list ofcandidates for participating in a particular election in case thatthe electoral system is a single electoral district.4. The Political Entity must submit a petition in writing usingprepared sample made by IHEC for this purpose.5. The submission should include the following information:-a. A full name of the Political Entity.b. Number of the united political entities.c. An electronic and in written copy of the Code of Conductsigned by the political entity as representatives in IHEC onthe regional, national, or governmental level.d. Name of the persons appointed by the political entity asrepresentatives in IHEC on the national, regional, andFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 24
  25. 25. provincial level.e. The petition should be signed by the heads of all the unitedpolitical entities. It should contain copies of the code ofconduct as in the Item (c) of the sixth Article of the secondsection of this regulation.6. Political Entity will be certified by IHEC if the followingconditions were approved:-a. ) lack of substantial insufficiency and the submissionshould meet the conditions.b. )Name of a Political Entity and its logo should not be thesame as the name and logo of a political entity or anothercoalition previously registered or in registration , also it isnot allowed to give the name of one of the entities of thecoalition to the coalition it self.c. )The name of the political entity must not arise hatred andviolence or violating the general regulation, mustn’tcontain any personal photo or symbols either military orreligious.7. The political entity is not allowed to withdraw from the coalitionat the end of certification period on candidates lists or coalitions.8. If a political entity withdraws from a coalition before the end of thespecified period to produce the political entities or the coalitionscandidates lists, then the rest political entities within thecoalition got the right to produce a new list, and the withdrawalentity got the right to produce a new list. If a coalition of twoentities was broken up, the two separated entities got the right toproduce two separated lists.9. The coalition will be certified by IHEC to compete in an election, ifit meets the above conditions.10. After the certification on the PE s, coalitions, and lists ofcandidates , a date of polling will be specified to get number ofpolling that proved the existence of the PE or the coalition in thepolling paper.11. All the coalitions which have been certified by IHEC in theprevious elections will be broken up. And if these coalitionswished to be certified on again or producing a list of theircandidates, they should submit a new petition to IHEC.12. a- It is not allowed to register a coalition from political entities inthe name of a broken up coalition which took part in theprevious elections without the entities who registered in it.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 25
  26. 26. b- In case of producing a submission of registering a coalitionwhich participated in the previous elections, then it should besubmitted by the absolute majority (a half + one) at least for theentities which formed the coalition.Election Law for the 2010 Council of Representatives Elections (UNAMI Office of ElectoralAssistance on Iraq):Electoral system and seat allocationThe electoral system for the Council of Representative election is determined by the provisionsof the Electoral Law of 2005, as amended in 2009. The Board of Commissioners of the IHEChas adopted regulation 21 of 2010 to implement these provisions. This regulation explains howvotes are translated into seats, and how seats are awarded to candidates within each winning list.Open list systemPolitical entities can either be parties, who participate by submitting lists of candidates, orindividual candidates, who are also known as “single lists”. Political entities can submit up totwo times as many candidates as there are seats in a governorate. 25 % of a list’s candidates mustbe women.The election will be held on the basis of an “open list” system: voters will express theirpreference for a list, but they can also mark their preferred candidate within that list. The latter isreferred to as an individual vote. The number of such individual votes will determine whichcandidates within a winning list will be awarded a seat.Governorate seatsAccording to the Electoral Law, there are 325 seats in the Council of Representatives.310 of these are known as governorate seats: each governorate has a certain number of seatsdetermined by law, based on population figures. Each governorate is one constituency. Thismeans that political entities compete for votes in the respective governorates, and results arecalculated governorate by governorate. (This is why there are different ballots for eachgovernorate for in-country voting).A proportional system is used to distribute the governorate seats: seats are awarded based oneach list’s share of the valid votes in a constituency. This is done in a number of steps orcalculations set out in the IHEC seat allocation regulation.To be awarded a seat, each list must have won a number of votes that is at least equal to the“electoral divider”. The electoral divider is different in each constituency. It is calculated bydividing the number of all valid votes cast for governorate seats by the number of thosegovernorate seats. If a list’s vote total does not reach the electoral divider, the list will not winany seat.A list cannot win more seats than it has candidates. Single lists, even if they receive a large shareof the votes, will not receive more than one seat. Within each winning list, candidates are rankedby the number of their individual votes, from highest to lowest. In principle, this ranking willdetermine which candidates will be awarded a seat. However, this initial ranking will be adjustedFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 26
  27. 27. if necessary to fulfill women’s quota. See below.Component seatsOf the 325 seats in the Council of Representatives, 8 are reserved for minorities. These areknown as component seats. There is one seat reserved for the Yazidi community in Ninewa, onefor the Sabea in Baghdad, and one for the Shabak in Ninewa. Each of these three seats representsa separate constituency and a separate race. The list with the most votes in a constituency willwin the seat.There are also 5 seats reserved for Christians. Each of these seats is linked to one governorate:Baghdad, Erbil, Ninewa, Dahuk or Kirkuk. Nevertheless, the five seats constitute one nationalconstituency, and all lists compete for the five seats at the same time. Seats are allocated inproportion to each list’s share of the total valid votes, provided the list has reached the electoraldivider. Within each winning list, seats are in principle awarded to candidate(s) with the mostindividual votes. At the same time, to win a seat, a candidate must be registered to run in thegovernorate to which the seat is linked, and all five winners must be registered in a differentgovernorate. Adjustments will be applied and priority will be given to single lists if necessary.Compensatory seatsThe remaining 7 seats in the Council of Representatives (after 310 governorate seats and 8component seats) are known as compensatory seats. Compensatory seats are awarded to winninglists in proportion to the governorate seats they won in the country as a whole. A winning list’scompensatory seats are awarded to the candidate(s) who did not yet win a seat, and who receivedthe list’s highest share of individual votes when compared to candidates running for that list inother governorates.Women’s quotaThe Constitution and the Electoral Law protect the participation of women in the Council ofRepresentatives. If at least 82 women (25% of 325 seats) get elected through the processesdescribed above, no additional steps are required in the distribution of seats. However, if thenumber of women is below 82, a special mechanism will be applied.The governorates with the lowest share of elected women will be identified. These will need toincrease the number of winning female candidates until the number in the Council ofRepresentatives reaches 82. Within each of the governorates so identified, the winning lists withthe lowest share of elected women will be identified, and these will need to increase the numberof women, until the required number is reached for the governorate. Within each list soidentified, the list of candidates will be re-ranked so that women candidates move up the list towinning positions to replace male candidates, until the required number is reached for that list.This adjustment mechanism will ensure that there are at least 25% women in the Council ofRepresentatives, although the percentage of women in each governorate and each list may vary.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 27
  28. 28. Carnegie Endowment, Inside the 2010 Iraqi Election:Election DateWhile the Iraqi constitution had determined January 31 to be the deadline for holding elections,disputes over the 2010 election law have delayed the election date to March 7, 2010.The Electoral SystemElections will be held under a system of proportional representation, with parliamentary seatsapportioned among parties on the basis of the number of votes they receive in each of theprovinces into which Iraq is divided. The number of representatives per province is based onpopulation, and in the 2005 elections varied from a low of seven in Maysan and Dahuk to a highof 59 in Baghdad. In 2010, the total number of seats is expected to increase to 325.Smaller parties or ethnic and confessional minorities often favor proportional representation,which enables them to obtain seats in parliament even when they cannot win a majority of thevotes in any one district. But proportional representation also enhances the role of the party overthat of individual candidates, as citizens cast their main vote for an organization and its entireslate of candidates, not for individuals. Thus, if a party gets enough votes to obtain three seats inparliament, the first three candidates on its list will get those seats. The system strengthens partybosses, who decide which candidates make the list, and how close to the top they are.To reduce the excessive power of party bosses, some countries employ proportionalrepresentation systems with open lists, which allow voters not only to cast a vote for a party, butalso to indicate their preference for particular candidates on the list. If voters avail themselves ofthat right in large numbers—and in many countries, they do not—they can overrule the partyleadership and ensure a parliamentary seat for a candidate whose name appeared lower on thelist.In Iraq, the 2005 parliamentary elections were conducted under a closed list system, but theJanuary 2009 provincial council elections used an open list and, after much debate, the 2010parliamentary elections will do the same. A preliminary analysis of the 2009 provincial electionssuggests that enough voters availed themselves of the opportunity to prioritize individualcandidates to affect the outcome. No overall figures are yet available to indicate how many seatswere affected.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 28
  29. 29. Electoral Fairness Audit Results for Equality of Candidates and Parties:Score:The FDA electoral fairness audit team could not reach consensus on a score. However, the scoresare similar with the largest margin of difference in scores being 2.The scores were totaled and averaged, with each score having equal weight.3/102/104/102/103/102/1016/60 (26.6 percent)Total: 2.7/10Rational for Score:The Council of Representatives elects the President of the Republic from among the candidatesby a two-thirds majority of the number of its members. If none of the candidates receive therequired majority vote then the two candidates who received the highest number of votes shallcompete and the one who receives the majority of votes in the second election shall be declared.The state requires political parties and candidates to be accredited/registered with the IHEC.The state requires the political candidates and parties to pay the following amounts to beaccredited (registered):(5.000.000) five million Iraqi Dinars for candidates(25000.000) twenty five million Iraqi Dinars for political partiesThe deposits will be returned if the political entities win at least one seat.Municipalities determine the rules for the dissemination of election propaganda in the form ofposters and other forms of election propaganda.The state forbids election propaganda to be present at polling stations.The state disallows states departments and local authorities cannot assist with candidates orpartys election campaign.The state forbids military and security, mosques and Shiite mosques and holy shrines, shrinesFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 29
  30. 30. and sales, churches and other places of worship to be used for the purposes of electoralpropaganda for the political entities, lists, or candidates.The state forbids political entities, coalitions and candidates from making false statements ordefamation against a candidate or a political entity that involved in the electoral process oragainst the Commission.The state forbids any political entity or coalition from using ideas for the call for arisingnational, religious, sectarian, tribal, or regional sectarianism between citizens, whether throughthe logos, pictures, posters, television, radio broadcasting or other media and variouscommunication means.The state prohibits any political entity, coalition, or candidate from using gifts, donations, or anyother benefits influence voting.The state forbids political entities, coalitions and candidates from violence, hatred, intimidation,or supporting, practicing, using or arising terrorism during the electoral campaign, through theexpression of the views or speeches, writings, posters or visual media or audio or any othermean.A candidate must be a voter no less than 30 years of age, with at least high school certificate (oritsequivalent), must not be covered by the Deba’athification law, or be convicted of a crimeviolating honor, or have enriched himself illegally, or be a member of the armed forces uponnomination; the candidature will be subject to the approval of the IHEC. At least one womanmust be among every three nominees on each entity list.The Electoral Commission will impose a fine on any political entity, coalition, or candidatewho violates the electoral regulation or the code of conduct of political entities, signed bythem.Political entities which violated the electoral campaignswill be informed to remove the offense during (3) daysfrom the date of notification; or else the fine will bedoubled in case that the entity is not complying, then thenames of violated entities will be published in media.5. Deposits will not be returned to political entities whowon one seat except after the payment of amounts ofremoving irregularities, if deposits were not enough topay these amounts or political entities did not get a seatin the elections, then they should pay within (10) daysand bring what prove that; otherwise legal action wouldbe taking against them.Political parties not approved by the Electoral Commission can submit lists of candidatesfor elections. on to submit lists of candidates for elections.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 30
  31. 31. Compensatory seats:1. According to the electoral law, the number of compensatory seats for the components asfollows:A.Christian component: - five seats are distributed to the governorates of Baghdad, Nineveh,Kirkuk, Dohuk and Erbil. Iraq will be considered as one electoral district for the ChristianComponentB. Aezidian component: - one seat in the province of Nineveh.C. The Serbian Mandaeans component: - one seat in the province of Baghdad.D. Shabak component: - one seat in the province of Nineveh.The lists of candidates for a party must not exceed the number of candidates in the list doublethe number of seats allocated to the constituency and be at least three candidates, excludinga political entity.C. The proportion of women is not less than 25% in the list.D. Entities components should provide a list of two candidates for each seat from thecomponents seats.The state requires that candidate meet the following conditions to be accredited/registered:1. A candidate should be a full eligible Iraqi, as well as thefollowing conditions:-A. Should be at least at the age of thirty years.B. Should not be covered by the law of accountability and justice.C. Has not illegally enriched at the expense of the homeland and public money.D.Not convicted of a crime involving moral turpitude, and should be known by the goodcurriculum.E. To be the holder of a high school diploma or equivalent as a minimum.F. Should not be a member of the armed forces when nominating.2. Candidates are subject to the approval of the Commission.Political entities and their candidates have the right to appeal thedecision of the Commission on which candidates and parties are permitted on the electorallists. ("Electoral Judicial Body": -A body which consisted of three judges appointed by thecourt of appeals that looks in appealing on the final decisions of the BoC or those submitted fromthose affectedby the decisions of the Board.)Candidates and parties can challenge election results. The challenges must be submittedwithin three days of the publication of the election results.In order to be certified, the states requires political entities to pay a deposit of (5.000.000)five million Iraqi Dinars for the candidate who wish to be certified on as a political entity.In addition (25000.000) twenty five million Iraqi Dinars, for the group who wish to beaccredited as a political entity.If the state imposes a fine on a political entity, the amount of the fine will be deducted fromFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 31
  32. 32. the deposit.A political entity must win at least one seat in the election for the deposit to be returned,otherwise the state credits the deposit to a state fund.Political entities must have no less than (500) qualified candidates who have not signed toanother party as well.The state requires a political entity which requests certification must sign the IHEC Codeof Conduct in which it declares the following:-a ) Do not have any connection with armed force, militias, or leftover military unit that has beendefined in order (91) of the year 2004.b) Do not have a direct or indirect financing from any armed force, militias, or leftover militaryunit.c ) Commitment to Iraqi laws and regulations, including provisions of public meetings, andprevent irritation of hatred and violence, frightened others, and support and useof terrorism.d) Comply with the regulations, rules, suggestions, procedures, and the Code of Conductpublished from IHEC.Political entities have the right to complain to the Board of Commission about any decision madeby the IHEC and also appeal a Boards decision in front of the electoral judicial body withinthree days on the next date of publishing.Political entities are permitted to form coalitions, but must have one list of candidates. Also,political entities can only participate in one coalition.Election Law for the 2010 Council of Representatives ElectionsThe Council of Representatives is composed of 325 members, 310 seats shall be distributed tothe governorate constituencies and 15 shall be compensatory seats from which 8 shall bereserved for component candidates. Each governorate is one electoral constituency and shall beallotted a number of seats proportional to the estimated population in that governorate usingofficial statistics from the Ministry of Trade.Component seatsOf the 325 seats in the Council of Representatives, 8 are reserved for minorities. These areknown as component seats. There is one seat reserved for the Yazidi community in Ninewa, onefor the Sabea in Baghdad, and one for the Shabak in Ninewa. Each of these three seats representsa separate constituency and a separate race. The list with the most votes in a constituency willwin the seat.There are also 5 seats reserved for Christians. Each of these seats is linked to one governorate:Baghdad, Erbil, Ninewa, Dahuk or Kirkuk. Nevertheless, the five seats constitute one nationalconstituency, and all lists compete for the five seats at the same time. Seats are allocated inproportion to each list’s share of the total valid votes, provided the list has reached the electoraldivider. Within each winning list, seats are in principle awarded to candidate(s) with the mostFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 32
  33. 33. individual votes. At the same time, to win a seat, a candidate must be registered to run in thegovernorate to which the seat is linked, and all five winners must be registered in a differentgovernorate. Adjustments will be applied and priority will be given to single lists if necessary.Compensatory seatsThe remaining 7 seats in the Council of Representatives (after 310 governorate seats and 8component seats) are known as compensatory seats. Compensatory seats are awarded to winninglists in proportion to the governorate seats they won in the country as a whole. A winning list’scompensatory seats are awarded to the candidate(s) who did not yet win a seat, and who receivedthe list’s highest share of individual votes when compared to candidates running for that list inother governorates.Women’s quotaThe Constitution and the Electoral Law protect the participation of women in the Council ofRepresentatives. If at least 82 women (25% of 325 seats) get elected through the processesdescribed above, no additional steps are required in the distribution of seats. However, if thenumber of women is below 82, a special mechanism will be applied.The governorates with the lowest share of elected women will be identified. These will need toincrease the number of winning female candidates until the number in the Council ofRepresentatives reaches 82. Within each of the governorates so identified, the winning lists withthe lowest share of elected women will be identified, and these will need to increase the numberof women, until the required number is reached for the governorate. Within each list soidentified, the list of candidates will be re-ranked so that women candidates move up the list towinning positions to replace male candidates, until the required number is reached for that list.This adjustment mechanism will ensure that there are at least 25% women in the Council ofRepresentatives, although the percentage of women in each governorate and each list may vary.The Iraqi proportional system allows smaller parties, which do not attain a majority of votes inan electoral constituency, get a seat in the Council of Representatives, as long as they at leastmatch the electoral divider number.The score of 26.5 percent means that the Iraqs legislative basis for candidate and party influenceis bordering on significantly more unfair than fair. Several fair elements such as component andcompensatory seats and proportional representation are more than offset by numerousdeficiencies such as partisan public and private media, no restrictions on electoral finances, notransparency of electoral finances, excessive amount of deposit requirement for parties andcandidates, and at least 500 qualified candidates required for registration of parties. Candidatesand parties with more access to finances and media will have an electoral advantage. The greaterthe difference in access, the greater the electoral advantage will be.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 33
  34. 34. Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Iraqi laws and regulations withrespect to the equality and fairness of Iraqi electoral finance laws and regulations.Executive Summary:Iraq received a score of 0 percent for electoral fairness. The score means that Iraqs electoralfinance laws are completely unfair. There are no caps on electoral donations and spending.Although the state disallows government, endowment and foreign funds to be used for electoralcampaigns, and forbids candidates and parties from offering gifts and donations to influencevoting, the state does not regulate candidate and party finances. Therefore, there is notransparency. Consequently, the few restrictions on electoral finances are negated.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:IHEC Regulation No.1910. It is prohibited for any political entity, coalition, orcandidate to submit, during the electoral campaign, anygifts, donations, or any other benefits, by the intention ofinfluencing voting.12. It is prohibited to spend on electoral campaigns from thepublic money, the budget ministries, endowment funds orfunds of external support.Section 4(Implications of the violation of the conditions ofelectoral campaigns)5. Deposits will not be returned to political entities whowon one seat but after the payment of amounts ofremoving irregularities, if deposits were not enough topay these amounts or political entities did not get a seatin the elections, then they should pay within (10) daysand bring what prove that; otherwise legal action wouldbe taking against them.2. The type of component that the political entity wants to competefor seats for the entities competing for the components seats;must be specified.3. Lists of candidates will be provided during the period specifiedFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 34
  35. 35. by the Commission.4. Lists of candidates in the province will be provided in theprovince which a political entity or coalition wants to runelections in it.5. It is not allowed to repeat the names of candidates in the lists ofcandidates of different entities and coalitions.6. Seats of the Christian component will be distributed on the baseof one seat for the first winner from each governorate of thementioned governorates which has been mentioned in Item 1/Aof this section.7. The political entities and coalitions that compete on theChristian component seats; are not allowed to produce candidatelists for the GS (General Seats).IHEC Regulation No.16Part 2(Authorities)1. The Board got the authority to resolve disputes arising duringpreparing, arranging, implementing, and performing ofelections; this includes all matters related to the adjudicationprocedures in complaints and disputes related to elections. Theboard can issue any procedures or additional adjustments on thisregulation if necessary and according to the law.2. The Board can entrust its authorities to the GEO to settle aparticular disputes.3. The Board must refer any criminal issue to the specializedauthorities in case of having evidences on occurring criminalmisconduct against the safety of elections and referendum. Ifthe Board applies a civil sanction on a violation; then it does notmean that there is no criminal penalty is applied underapplicable Iraqi laws.Part 3(Procedures of Submitting a Complaint)1. Any person, except electoral observers, got the right to submitcomplains or dispute petitions to the Board on the electoralprocess.2. In order to protect the integrity and safety of the electoralprocess, the Board initiatively applies a penalty or anycorrective procedures in case of any electoral rules breach evenif there is no complaint about.3. Submission of complaints takes the following steps:-a .The complaints should be written and signed by theperson or who deputizes him/her who witnesses theevent in which the violation occurred.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 35
  36. 36. b.If the complainant was a political entity then its deputymust sign the complaint.c .The complaint could be produced in the stage ofregistration to the manager of registration center or themanager of the electoral office in the governorate. Thecomplaint will be produced in polling stage to themanager of the station, the manager of polling center,the manager of regional electoral office, the GEO or tothe national office directly.d. Complaints of the polling stage will be submitted within(42) hours starting from the date of the occurrence of theviolation.4. The complaint must be composed of the following information:-a .The name of the complainant, his/her address, andrequired information to call him/her.b .The name and information helps to call the supposedviolator, if available.c .Detailed description of the supposed violation includingdate, time, place, and environment.d .Any other complaints related to the electoral process aresubmitted either to the concerned GEOs manager whowill refer them confidentially or directly to the NationalOffice.5. The department of complaints and consultants in the secretariatof the BoC will investigate the complaint and makesrecommendations to the BoC by coordination and cooperationwith the regional electoral office or the GEO s.Part 4(Hearings)1. The Board may call witnesses or polls of the case, and then holdmeetings which might be general or private according to theBoards point of view.2. The Board may ask or receive evidences in relation; in thehearings sessions by all means.3. The whole evidences will be presented to the Board, should beapproved in the minutes and then attached with the complaint.Part 5(Replying to Complaints)1. When the Board decided that the complaints is based on legalfundamentals, the complained of, is informed in writing,whenever it is possible, then he/she is given an opportunity torespond to the complaint in a specific time.2. The complainer of produces his/her respond in writing or signedby his/her deputy. If the complainer of was a political entity,Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 36
  37. 37. then its leader or representative will sign the response.3. A respond may be submitted to the electoral regional office orto the GEO s and it should be submitted secretly o the BoC asfast as it possible.4. The Board keeps on examining the complaint even if thecomplainer of did not produce any respond.5. The complaint might be run over again in the following cases:-a . In case of finding new evidences.b. In case of delaying the submission of the respond to theBoard after it had been submitted by the exact day.Part 6(Adjudication to complaints)1. The Board got the right to refuse a complaint that is notaccompanied with efficient evidences or lacked, obviously,what rationalized it; or that which lacked the formal conditions.2. Submitting vexatious complaint by a political entity or anybody, considered as a violation to the rules of this regulation.And be subject to the penalty imposed on by the Board ofcommissioners.3. The Board might refer the complaint or sides of it that liesoutside its jurisdiction, to a special authority.4. The Board ran over the complaints produced in the proper time,neutrally, with the guaranty of the secrecy of specialinformation submitted, except what refers to the right of feudpolls in knowing the subject of the complaint.Part 7(Sanctions)1. The Board imposes penalties on any person or (political entity)that violates any rule, regulation, instructions, any code of theCode of Conduct, or any decision came into force which isrelated to arranging or carrying out election.2. Political Entities are responsible on any violations had beendone by their members, candidates, or agents. When the properpenalty is determined, then the Board may consider, whether thepolitical Entity has made the necessary efforts to avoid suchviolations.3. If a violation was approved ,the Board imposes the followingpenalties on the violators:-a. returning back the situation to what it was before theviolation took place if it is possible.b.Financial fine.c .cancellation of the certification on the accreditation of aPolitical Entity of elections.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 37
  38. 38. d.Preventing a Political Entity from participating in thefuture elections.e.Eliminating the name of the candidate from thecandidates lists of elections.f . Preventing a person from participating as a candidate, anelectoral employee, or as a Political Entity in thiselections or in the future elections.g.Preventing or canceling the accreditation of a team fromthe observers teams or a person within the observersteam in this election or the future elections.h.The Board got the right at any time before certifying theresults; to order a recount of the ballot papers and votesin some center, or took another proper act.i .Monies collected from penalties imposed on by theBoard, will be considered as revenue to the publictreasury.10."Electoral Judicial Body": -A body which consisted of threejudges appointed by the court of appeals that looks in appealing onthe final decisions of the BoC or those submitted from those affectedby the decisions of the Board.Electoral Fairness Audit Results for Iraqi Election Finance:Score:The FDA electoral fairness audit team reached consensus on a score of 0/10.The scores were totaled and averaged, with each score having equal weight.0/100/100/100/100/100/10Total: 0/10Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 38
  39. 39. Rational for Score:There are no limits on electoral donations.There are no limits on electoral spending.There is no regulation of candidate and party finances.The state forbids political candidates and parties from offering gifts, donations or any otherbenefits in order to influence voting.The state forbids public monies, budget ministries, endowment funds, and foreign funds to usedfor electoral campaigns.The state requires the political candidates and parties to pay the following amounts to beaccredited (registered):(5.000.000) five million Iraqi Dinars for candidates(25000.000) twenty five million Iraqi Dinars for political partiesThe deposits will be returned if the political entities win at least one seat.The score of 0 percent means that Iraqs electoral finance laws are completely unfair. FDAauditors could find no overall element of fairness. The lack of state mechanisms to monitorcandidate and party finances cancels out the states restrictions on electoral donations. Also, theIraqi law that candidate and party election deposits are returned if the candidate and party winsone seat in an election is undermined by the excessive amount of the deposits. For example,smaller and new parties need significant finances to participate in an election. Interestingly, theUS, the principle architect of the current Iraqi democracy received a failing FDA score of .5percent for electoral finance.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 39
  40. 40. Chapter Four: Voter SayChapter four will focus on the research and audit results of Iraqi laws and regulations withrespect to the fairness of voter say laws and regulations before, during and after an election.Executive Summary: Iraq received a score of 70 percent for fairness of voter say. The scoremeans that the legislative basis for Iraqi voter say is more fair than unfair. Iraqis have freedom ofspeech and assembly within extremes, including uncensored usage of the internet. Also, Iraqiswho are internally displaced or out of the country have the right and means to vote. Further, Iraqiminorities have reserved parliamentary seats which provides more representation for voters, andvoters have the right to file complaints about electoral wrongdoing. However, these elements offairness are offset partly by the de-Ba’athification program which disallows former Ba’ath partymembers from running as candidates as part of the Baath party or similar party. Also, there is notransparency of electoral finances, no limits on electoral donations and spending, and norestrictions on the medias political content. Iraqi voters who are wealthy and have access to theIraqi major media have an unfair advantage over Iraqis who are poor and limited or no access toIraqi major media. Also, Iraqi voters are denied partly the freedom to decide who their politicalrepresentatives are through the political discrimination of the Baath party and its formermembers.Research Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:IHEC Regulation No.17Section 4(Component Lists)1. According to the electoral law, the number of compensatory seats for the components asfollows:A.Christian component: - five seats are distributed to the governorates of Baghdad, Nineveh,Kirkuk, Dohuk and Erbil. Iraq will be considered as one electoral district for the ChristianComponentB. Aezidian component: - one seat in the province of Nineveh.C. The Serbian Mandaeans component: - one seat in the province of Baghdad.D. Shabak component: - one seat in the province of Nineveh.2. The type of component that the political entity wants to competefor seats for the entities competing for the components seats; must be specified.3. Lists of candidates will be provided during the period specifiedby the Commission.4. Lists of candidates in the province will be provided in the province which a political entity orcoalition wants to run elections in it.5. It is not allowed to repeat the names of candidates in the lists ofcandidates of different entities and coalitions.6. Seats of the Christian component will be distributed on the base of one seat for the first winnerFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 40
  41. 41. from each governorate of the mentioned governorates which has been mentioned in Item 1/A ofthis section.7. The political entities and coalitions that compete on the Christian component seats; arenot allowed to produce candidate lists for the GS (General Seats).Section 5(Lists of candidates)1. In the lists of candidates, it is required as follows:A. Filling the list of candidates submitted to the commissionelectronically.B. Not exceeding the number of candidates in the list double the number of seats allocatedto the constituency and at least three candidates, excluding a political entity, the individual.C. The proportion of women is not less than 25%in the list.D. Entities components should provide a list of two candidatesfor each seat from the components seats.2. May not be for a political entity or coalition, to withdraw or change lists of candidates afterthey submit them to the commission, lists of candidates submitted considered final, unless theyare requested by the commission for the purpose of making the list meets the requirements of theregulation. In this case, a new list must be submitted in accordance with the changes requiredbefore the expiry of the period specified by the Commission for its approval of the candidates.Political entities must make sure from the lists before their submission.IHEC Regulation No.16Part 2(Authorities)1. The Board got the authority to resolve disputes arising during preparing, arranging,implementing, and performing of elections; this includes all matters related to the adjudicationprocedures in complaints and disputes related to elections. The board can issue any procedures oradditional adjustments on this regulation if necessary and according to the law.2. The Board can entrust its authorities to the GEO to settle a particular disputes.3. The Board must refer any criminal issue to the specialized authorities in case of havingevidences on occurring criminal misconduct against the safety of elections and referendum. If theBoard applies a civil sanction on a violation; then it does not mean that there is no criminalpenalty is applied underapplicable Iraqi laws.Part 3(Procedures of Submitting a Complaint)1. Any person, except electoral observers, got the right to submit complains or dispute petitionsto the Board on the electoral process.2. In order to protect the integrity and safety of the electoral process, the Board initiativelyapplies a penalty or any corrective procedures in case of any electoral rules breach even if thereis no complaint about.3. Submission of complaints takes the following steps:-a .The complaints should be written and signed by theperson or who deputizes him/her who witnesses theFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 41
  42. 42. event in which the violation occurred.b.If the complainant was a political entity then its deputymust sign the complaint.c .The complaint could be produced in the stage ofregistration to the manager of registration center or themanager of the electoral office in the governorate. Thecomplaint will be produced in polling stage to themanager of the station, the manager of polling center,the manager of regional electoral office, the GEO or tothe national office directly.d. Complaints of the polling stage will be submitted within(42) hours starting from the date of the occurrence of theviolation.4. The complaint must be composed of the following information:-a .The name of the complainant, his/her address, andrequired information to call him/her.b .The name and information helps to call the supposedviolator, if available.c .Detailed description of the supposed violation includingdate, time, place, and environment.d .Any other complaints related to the electoral process aresubmitted either to the concerned GEOs manager whowill refer them confidentially or directly to the NationalOffice.5. The department of complaints and consultants in the secretariatof the BoC will investigate the complaint and makesrecommendations to the BoC by coordination and cooperationwith the regional electoral office or the GEO s.Part 4(Hearings)1. The Board may call witnesses or polls of the case, and then holdmeetings which might be general or private according to theBoards point of view.2. The Board may ask or receive evidences in relation; in thehearings sessions by all means.3. The whole evidences will be presented to the Board, should beapproved in the minutes and then attached with the complaint.Part 5(Replying to Complaints)1. When the Board decided that the complaints is based on legalfundamentals, the complained of, is informed in writing,whenever it is possible, then he/she is given an opportunity torespond to the complaint in a specific time.2. The complainer of produces his/her respond in writing or signedby his/her deputy. If the complainer of was a political entity,then its leader or representative will sign the response.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 42
  43. 43. 3. A respond may be submitted to the electoral regional office orto the GEO s and it should be submitted secretly o the BoC asfast as it possible.4. The Board keeps on examining the complaint even if thecomplainer of did not produce any respond.5. The complaint might be run over again in the following cases:-a . In case of finding new evidences.b. In case of delaying the submission of the respond to theBoard after it had been submitted by the exact day.Part 6(Adjudication to complaints)1. The Board got the right to refuse a complaint that is notaccompanied with efficient evidences or lacked, obviously,what rationalized it; or that which lacked the formal conditions.2. Submitting vexatious complaint by a political entity or anybody, considered as a violation to the rules of this regulation.And be subject to the penalty imposed on by the Board ofcommissioners.3. The Board might refer the complaint or sides of it that liesoutside its jurisdiction, to a special authority.4. The Board ran over the complaints produced in the proper time,neutrally, with the guaranty of the secrecy of specialinformation submitted, except what refers to the right of feudpolls in knowing the subject of the complaint.Part 7(Sanctions)1. The Board imposes penalties on any person or (political entity)that violates any rule, regulation, instructions, any code of theCode of Conduct, or any decision came into force which isrelated to arranging or carrying out election.2. Political Entities are responsible on any violations had beendone by their members, candidates, or agents. When the properpenalty is determined, then the Board may consider, whether thepolitical Entity has made the necessary efforts to avoid suchviolations.3. If a violation was approved ,the Board imposes the followingpenalties on the violators:-a. returning back the situation to what it was before theviolation took place if it is possible.b.Financial fine.c .cancellation of the certification on the accreditation of aPolitical Entity of elections.d.Preventing a Political Entity from participating in thefuture elections.e.Eliminating the name of the candidate from thecandidates lists of elections.Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Iraq Page | 43

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