Row over Iraq elections law

The Kirkuk issue has always been a major problem in Iraq. Recently, the Iraqi parliament had a tough time to approve the elections law because of the disagreement over voting in the disputed oil city of Kirkuk.

Finally, last Tuesday, the Iraqi parliament passed the law, setting guidelines for provincial elections, despite a boycott by Kurdish lawmakers.

Soon after the elections law was put to vote, the President of the Kurdish region, Massoud Barazani, rejected the resolution. Iraq's President Jalal Talabani, a Kurd, and Adil Abdul Mehdi, his first deputy, also rejected the law. The third member of the Iraqi Presidential Council, Tarik Al Hashimi, was out of the country.

The Kurds were protesting the secret ballot setting out a power-sharing arrangement in the Kirkuk region, with Kurds, Turkmens and Arabs getting the same amount of power.

At one stage, some members of the parliament, including those belonging to the Kurdish alliance, Supreme Islamic Council, and Bader Organisation representatives walked out of parliament in protest against the draft law. As such, it was not put to vote as scheduled.

Later, the parliament continued its session and the elections law was put to vote. A majority of the lawmakers who stayed on voted for it.

After the first session of the parliament, held some years ago, this is the first time Iraq is facing a major political problem.

The Presidential Council will not convene, unless its three members are all present to reject the law. If that happens, the law will be returned to parliament once again as per the provisions of the Iraqi constitution.

Differences

It is said that the differences on the vote on the law has breached the coordination principle that regulates the Iraqi political process that is in force since the downfall of the former regime. The objections that are raised include, the illegal status of the law because only half of the required number of lawmakers has cast their vote, the non-titled voting bills, the absence of Kurdish lawmakers, and the Speaker's decision to proceed with the vote, despite a walkout by half of the members of parliament.

For the first time, since the downfall of Saddam Hussain and his Baathist government, both the Unified Iraqi Alliance (UIA) and the Kurdish Alliance felt endangered. The Kurdish parliament held an extraordinary session to discuss the situation. The Kurds announced their rejection of the new law, while the UIA announced its solidarity with the Kurdish decision.

As a result, Kirkuk broke free from Article 140 of the Iraqi Constitution. This has now spilled over into a major political issue, concerning all Iraqis.

According to Article 24 of the new law, the Kirkuk elections were postponed indefinitely. They will only be held after a special committee submits its report on the contentious clauses which the Kurdish alliance wants to reverse.

One clause delays elections in Kirkuk until problems in the province are settled; it also divided authority among ethnic components with 32 per cent for Kurds, Arabs, and Turkmen, and 4 per cent for Christians.

Another demands the deployment of military units from south and central Iraq to replace the current Kurdish Peshmerga forces.

Approving Article 24 led to a rift between the political forces working within the (UIA). Several of the alliance's members supported it, despite their leaders' opposition.

As a result of the latest developments, a rapprochement has taken place between different political blocs, such as the Fadhila Party, the Sadrist movement, and the National Accord.

The events that took place recently, regarding Kirkuk, are significant and important as the objections to the parliamentary decision seem like a rejection of democracy itself.

This is not the first time that laws are passed where only half the members of parliament have cast their vote on a bill.

The trouble is the manner in which parliamentarians who are opposed to the law have acted. It appears that they are promoting ethnic and sectarian tendencies.

The final say, however, on the law will be the Supreme Court.

Dr Mohammad Akef Jamal is an Iraqi writer based in Dubai.