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Who is voting? The most recent estimate of Iraq's population is 24.5 million. 13 Approximately 41 percent of these people are below the age of fifteen. Fifteen to 20 percent of the population is Kurdish, and 75 to 80 percent is Arab.14 Among the Arabs, 60 percent is Shi`a Muslim and 32 to 37 percent is Sunni.15 According to the Iraqi Electoral Commission, fourteen to fifteen million Iraqis are eligible to vote.16 This includes an estimated one million Iraqis who live abroad. How was voter registration conducted? An individual can vote if he or she is an Iraqi citizen (or is entitled to reclaim Iraqi citizenship17 ), was born on or before December 31, 1986, and is registered to vote.18 To prove that these requirements have been met, a voter must produce two officially accepted documents, including a photo identification card. Voters for the Iraqi Kurdistan National Assembly must also provide proof of residence in one of Iraq's three northern provinces. To prepare the voter registration lists, the Electoral Commission used the database from the U.N.'s Oil-for-Food Program. Beginning in early November, families went to their local food distribution center to verify that all eligible family members were on the list. If family members noted mistakes, they were to submit a corrected form at one of more than 450 voter registration centers across the country. To date, Iraqi election officials have not provided information about the number of Iraqis registered to vote, in part because voters in Nineveh and al-Anbar provinces are allowed to register and vote on the same day. Were there problems with voter registration? In many parts of the country the process has gone smoothly given the limited time, although citizens born in 1986 were accidentally left off the preliminary lists. In cities like Baghdad, Mosul, al-Falluja, and al-Ramadi, however, threats and violence by insurgents have made verification of the voter lists virtually impossible. In November, insurgents set fire to a Mosul warehouse with election registration papers. On January 2 unknown assailants destroyed two registration centers in eastern Tikrit with mortar fire. As Iraq's interim president Ghazi al-Yawir explained: "There are areas where no one has been able to give out even one voter registration sheet."19 In response, the Commission has decided to allow voters in Nineveh province, where Mosul is located, and in al-Anbar province, both to register and vote on election day. According to commission spokesman `Ayyar, the more than 200,000 residents of al-Falluja who were displaced during the U.S. offensive in November will be allowed to register and vote at special polling places established near the displacement camps and villages where many of them currently live. As of January 12, approximately 6,000 al-Falluja residents had returned to the town20 and, according to a U.S. general, they will be able to vote there.21 In Kurdish areas, the registration process has gone peacefully, but not without confusion. Voters and local officials complained that up to 90 percent of the voter registration forms in Arbil province had mistakes that needed correction.22 Head of the electoral commission in the province, Kamal Khambar, said that as many as 70,000 people in his area may not be able to vote because of problems with the voter lists.23 Are Iraqis abroad allowed to vote? After pressure from Iraq's former 閙igr?political parties, like Ahmed Chalabi's Iraqi National Congress and Interim Prime Minister Iyyad `Allawi's Iraqi National Accord, the electoral commission decided in November to let people outside Iraq participate in the elections, so long as they can prove Iraqi nationality. To do this, a person must present a document or documents issued by a state, state agency of major international institution that demonstrates birth in Iraq, current or previous citizenship of Iraq or birth to a father of Iraqi nationality.24 In cooperation with the International Organization of Migration (IOM), polling places will be available in fourteen countries for the estimated one million eligible Iraqi voters who live abroad. Expatriate Iraqis around the world can vote in any of these countries, but they must travel at their own expense. Moreover, they must register between January 17 and 23, and they can only vote in the country in which they registered, even if they live somewhere else. This will require 閙igr?voters to either travel two times or to stay in the country where they registered for one week or more.25 Who can run in the elections? To run in the elections, a political entity must register with the electoral commission. A political entity is defined as a political party, an association or a group of people with a common political agenda (for example, women's groups, human rights groups and youth groups) that submits candidates. Individuals can also apply and, if certified, they can run alone or form a coalition with other certified political entities.26 To be certified by the Electoral Commission, a political entity had to provide at least 500 signatures of eligible voters in support of its application. It had to submit the names of at least twelve candidates, one-third of whom had to be women.27 They also had to pledge to respect a set of common principles. Most important among these is not to be funded by or associated with any armed force or militia.28 The two exceptions are the Kurdish Peshmerga and the Badr militia, connected with the political parties the Patriotic Union of Kurdistan (PUK) and Kurdish Democratic Party (DPK) and SCIRI. Both militias are legal under Iraq's Transitional Administration Law (TAL). 29 How many political entities are running for seats in the Transitional National Assembly? One hundred eleven political entities appear on the ballot for the Transitional National Assembly. All the political entities that applied to the Electoral Commission were certified. Are there conditions for being an Assembly candidate? According to Article 31 of the TAL, a candidate for the Assembly must be more than thirty years of age, have at least a secondary school education and not be a member of the armed forces at the time of his or her nomination. A candidate must also meet certain criteria regarding past affiliations and behavior. In particular, the candidate:30 1. Shall not have been a member of the Ba`th Party with the rank of Division Member or higher unless exempted pursuant to applicable rules. 2. Shall be required to renounce the Ba`th Party and disavow all past links if he or she was a member of the party with the rank of Full Member. 3. Shall not have been a member of the "former agencies of repression" and shall not have "contributed to or participated in the persecution of citizens." 4. Shall not have enriched himself or herself in an "illegitimate manner." 5. Shall not have been convicted of a crime involving "moral turpitude" and shall have "a good reputation." These terms have not been defined by law, and are therefore open to various interpretations. According to Electoral Commission Spokesperson Dr. Farid `Ayyar, the conditions are not the responsibility of the Electoral Commission because they are listed in the TAL, as opposed to electoral law. The new Assembly will determine whether all of its new members meet the above conditions, he said, and it will take appropriate action if they do not. Have any candidates been rejected based on the above criteria? According to `Ayyar, the Electoral Commission has rejected one candidate, although it is not clear if this person had applied as an individual political entity or as a candidate on an entity's list. The Commission asked the person, whose name was not provided to Human Rights Watch, to provide a letter of clearance from the government's De-Ba`thification Committee, which, as of January 7, he had not yet done.31 Are political entities and candidates free to campaign? Political parties and individual candidates have been severely restricted in their ability to campaign by the violence and lack of security across Iraq. Due to threats and violent attacks, very few groups have had public meetings, and most have not released the names of candidates on their lists. Most recently, on January 18, gunmen reportedly shot and killed two candidates from the Iraqi National Accord, Riad Radi and `Ala' Hamid, in Basra. The day before in Baghdad, gunmen killed Shakir Jabir Sahla, who was a candidate for the Constitutional Monarchy Movement.32 The list of other attacks is long. On January 12, gunmen killed two aides to Iraq's top Shi`ite leader Ayatollah `Ali al-Sistani in Salman Pak and al-Najaf.33 On January 5, the Iraqi Communist Party, the first party to organize a public rally, announced that gunmen had killed one of its party leaders, Hadi Salih.34 Ten days before, another communist party leader, Sa`di `Abd al-Jabbar al-Bayyati, was killed south of Baghdad.35 On January 4 gunmen killed the governor of Baghdad province, `Ali al-Haidari, and six of his bodyguards. On January 3 a car-bomb killed three people outside the office of the Iraqi National Accord. One week before, a car bomb killed fifteen people near the Baghdad home of `Abd al-`Aziz al-Hakim, a top candidate of the United Iraqi Alliance, and a likely candidate for prime minister. Have there been any instances of interference with candidates by the Multinational Forces? There is one reported case of an arrest by U.S. soldiers of a political entity head, although the details remain unclear. According to the National Front for Iraqi Unity, the political entity registered with the Electoral Commission to represent the National Front for Iraqi Tribes, U.S. troops arrested its secretary general, Shaykh Hassan Zaydan al-Lihaybi, in Mosul on December 31.36 Electoral Commission Spokesman `Ayyar had no official information about the arrest on January 7, but had heard reports that al-Lihaybi was arrested for relations with armed insurgent groups.37 The National Front for Iraqi Unity announced on January 12 that, due to the arrest, it would boycott the vote. Is the media free to cover the elections? The security situation significantly constrains the media's ability to cover the elections. In the past year, twenty-three journalists have been killed in Iraq, five of them foreigners, by both Iraqi insurgents and the U.S. military.38 "We face different dangers now and there is no law to protect journalists in Iraq," explained Hussain Muhammad al-`Ajil, the head of investigative reporting at al-Mada, a new Baghdad daily. "There are threats from three sides: the Americans might shoot you if they're ambushed; the Iraqi security forces might stop you or beat you if they suspect you're with the resistance; and the resistance might kill you if they think you're a spy."39 The most direct restriction on the media is the Iraqi government's ban on the Qatar-based television station al-Jazeera. Since August 2004, the Interim Iraqi Government has banned the station from collecting news in Iraq because of reporting the government considered an incitement to violence. According to press freedom groups monitoring the case, government officials said that al-Jazeera's reporting on kidnappings had encouraged Iraqi militants. Other officials accused the station of being a mouthpiece for terrorist groups, creating a negative picture of Iraq, and contributing to instability. The ban was reportedly implemented without due process, and Iraqi officials provided no specifics to support their allegations.40 On March 28, 2004, U.S. soldiers stormed and closed the offices of al-Hawza newspaper, a Baghdad weekly affiliated with the Shiite cleric Muqtada al-Sadr. The CPA ordered the paper shut because it had allegedly incited violence against coalition forces. The Interim Iraqi Government lifted the ban on July 18. In contrast, two U.S.-funded television stations are allowed to operate freely and are reporting with a pro-government slant. Al-Hurra Television is financed by the U.S. government and operates from studios outside Washington DC. Al-`Iraqiyya Television is run with U.S. government funds but is supervised by outside consultants and staffed by Iraqis. Both stations, widely recognized in Iraq as U.S.-run, regularly praise the elections and present Iraqi voices that do the same. News channels with critical reporting of the U.S. government and the occupation are allowed to gather news and broadcast from Iraq. Hezbollah's satellite channel al-Manar, for example, has correspondents on the ground, as does al-`Alam, an Iranian channel that is highly critical of the U. S. government. The other main Arab satellite television station, al-Arabiyya, also operates freely in Iraq. One troubling development was the government's November 9, 2004 directive, issued by the regulatory Media High Commission, which ordered news media to reflect the government's positions in their reports. Citing the recently imposed 60-day state of emergency due to the offensive in al-Falluja, the directive instructed journalists not to attach "patriotic descriptions to groups of killers and criminals," and asked the media to "set aside space in news coverage to make the position of the Iraqi government, which expresses the aspirations of most Iraqis, clear." If media do not comply, the directive said, the Commission "will be forced to take all the legal measures to guarantee higher national interests."41 Thus far, there have been no reports of the government taking action against media based on the directive. Are voters well educated about the elections? Despite education campaigns by the Electoral Commission and nongovernmental organizations, press reports suggest a mixed level of understanding among Iraqis about the elections. According to one poll conducted by the International Republican Institute, a U.S. Congress-funded group, forty-one percent of respondents in November-December 2004 said the elections were for a president, compared to twenty-eight percent who properly said it was for the Transitional National Assembly. Thirteen percent of the respondents did not know what the election was for at all.42 Poor security compounds the problem. Most political parties and coalitions have not announced the names of candidates, except for the prominent individuals on the top of their lists. Voters are therefore obliged to vote for parties and other groups without knowing the people who will fill the assembly seats. (wait) |