The draft law on political parties and the democratic project in Iraq 7/28/2015
The draft law on political parties and the democratic project in Iraq
Dr. Anwar Saeed al-Haidari / Future Center for Strategic Studies ....The existence of multi-party is one of the syndromes contemporary democracies at her liberal prevailing today, so it was said: (no democracy without parties, parties are mainstay of democracy, and that hostility hides her hostility to democracy). As is the subject of the most important legislation of laws controls the political action in democratic countries, it is already to work legislation. Thus, the practice is supposed to do what is already the law of the existence of a lawmaker, controls and instructions organized, nor exception to this context of political parties that are supposed to determine practiced the law of parties, and the magnitude of the organizational details. Of course, it is in Iraq also came within the framework of Alasttnaiaat reversed and contradictions in which it operates modern Iraqi state, ran the work of political parties in Iraq since 2005, while the law on political parties did not begin until 2015.
In the midst of it, there was talk of legislation to the law on political parties in Iraq, and taking ample space of debate between the academic, political and cultural circles and civil society organizations, and in the light of the suit and standards of freedom of expression in contemporary democracies, to crystallize the final as that is supposed to match the standards democracy in the modern world, and the nature of the democratic transition in Iraq, and finally showed a draft of the project in 2011.
However, that draft did not see the light until the expiration of the parliamentary session in 2014, for several reasons other on the whole that the most important is the lack of faith in the political class to the principles of democracy.
It seems that the next session of the Council of Representatives of Iraq emanating from the parliamentary elections in 2014, came determined to put in place legislation law in the hierarchy of priorities, came a draft law itself, which has been prepared by the Iraqi government in 2011, and raised on the previous session of the House of Representatives, and the Iraqi public opinion.
It is worth mentioning that the parliamentary committee that has shown greater interest Eduard law on political parties is a committee of civil society organizations, which see the rationale for several, that political parties are part of the civil society organizations, despite the fact that the literature of political science do not take this view on the launch, there is still discrimination existed between the political parties, and civil society organizations, and pressure groups and interests.
It can highlight the observations recorded on a draft project to summarize as follows:
- The details of the draft came and wide, it appears that the legislator wanted to reach and emphasized. He took repeated in more than one place of the project. For example: (Article 2 / I), which came to know the political party. We find that they and a wide vocabulary saturated with different connotations, and could have been sufficient in the simplest set forth definitions of the political party in political literature, including the fact that the political party is a group of people bound together by common goals and principles, and they meet in the organization aims to gain power. You can then give the Iraqi privacy on the definition by adding the words: not in contradiction with the Iraqi constitution, and democratic principles. Of course, all that is stated in paragraph mentioned fall under the latter term. It is repeated in the same (Article 8 / I).
- The draft focused on the (national) political parties, in the sense that the activity of a comprehensive nationwide, which is common in contemporary party systems. While recognizing the legislator to the difficulty, it is stipulated that the party carries on his activity in one-third of Iraq's provinces at least (6 \ 18), and with the interference of the Iraqi situation, was supposed delegated to distinguish between Mahafezatih parties, which operates in a particular province, and participate in the local elections, National parties, which operates in the pan over the country. As also it seems to be the relevant committees to scrutinize the bill in the House of Representatives Alaraca-, particularly the Commission and civil society organizations as Zkrna- proposed after discussions, to cancel this requirement allows the party Mahafezati participate in various levels of the legislative elections.
- As the draft focused on the principle of citizenship in more than one substance and paragraph, (Article 4 / I, and V), and (Article 5) and (Article 26 / IV), and citizenship is the most important pillars of contemporary democracy. But citizenship in Iraq parked behind the hybrid concept unrelated called democracy (component). The draft of the law to bear this contradiction when it excluded what it called the parties of national minorities, and thus robbed them of citizenship status (Article 11 / I. b). If the intention was to ensure that the representation of minorities, it can be treated within another framework.
- Draft burdened detail about the establishment procedures came. Although these procedures have become in many brief democracies notify only recording, but that in light of the situation in Iraq was advisable to shorten these procedures in the (party circuit), and in accordance with the regulations and instructions issued later, according to the spirit of the law, and without prejudice to the content. In the absence of conviction the incorporation parties wishing to circle or its procedures, when that can resort to the judiciary.
- And linked the draft incorporation Iraqi eradication measures, as linked to the objections of parties also Elimination, (11. Articles 18), it was to have made the elimination of a deduction and sentenced at the same time.
- As attached draft of the follow-up work and activities of political parties (b Department of Political Parties Affairs) it proposed to emanate from the Ministry of Justice (Article 19). No prejudice to the criticism, too, on the grounds that the Justice Department is part of the executive branch under the Mhassat political class. On the other hand, it criticized the more widely the idea of creation of an independent body for political parties in Iraq, claiming that they, too, will develop political power illnesses in Iraq, where racial and ethnic quotas, and financial and administrative corruption, as well as increasing slack in the body of the Iraqi state institutions. To avoid that, the proposal is to connect the most effective tomorrow (circuit parties) Independent Higher Commission for Elections in Iraq.
- Banned draft affiliation Integrity Commission and the Electoral Commission, the judiciary and members of the military and security services to members of political parties (Article 9 / V). Also banned political parties on regulation and polarization in the ranks (Article 27 / IV). Which is sound. But it is advisable to add to that department staff also parties, if not attached to the electoral commission.
- Draft allowed the party owning the media according to the law (Article 24 / I), but it intervened in determining the responsibility of the editor of a newspaper or a draft party, (Article 24 / II). Then comes the Article (25 / II) to rob the right of the party in the transfer of his point of view. It seems that the draft failed to inform the party means to read only, without visual or audio. It was rather limited to that paragraph means the semi-official state-owned media. And leave the areas of freedom of expression take the usual natural tracks in an atmosphere of democracy and legal controls.
- Approved the draft solution if the party did not participate in the election for two consecutive terms of the decision of the Administrative Court (Article 40 / I. a). It is an objective angle, the political party of the right not to participate in the elections, or even a boycott. When can you stop that subsidy him according to established (Article 52).
- Prevented the party draft of the receipt of donations from foreign entities (Article 45 / II). But it returned and permitting whether the consent of the parties Department (Article 49 / I). At that explicit contradiction. Although the draft came to stipulate that the government gives subsidies for parties, (Article 52), but that was soon directed his arrows of criticism as well, claiming that it will pay more towards the establishment of political parties in order to obtain subsidies. However, the proposal made in the face of it, is that the government financed the election campaigns of political parties, and according to specific controls.
- Draft exaggerated intervention in the internal organization of the details of the structural and organizational parties, and it was rather general outlines sufficiency, and leave the details of the internal systems of political parties, and without prejudice to the content of the law and the fundamentals of democracy. Which unanimously agreed by a majority of the views of specialists in the political affairs of different intellectual and professional orientation.
- As exaggerated in the draft (penal provisions) and sanctions, and in a manner distorts the picture and civil multiparty democracy in Iraq. Something that should stand him accurately, and to allocate to the legal treatment for a more equitable and less stringent.
- As well as some vocabulary that is advisable to carefully picked up and scattered between the paragraphs of the draft.
Finally, it remains to submit the draft, and presented for discussion to researchers, specialists and civil society organizations, is an important step in the process of democratic transformation.