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DEMOCRACY PROCESS AND PROBLEMS IN IRAQI KURDISTAN ORSAM Important challenges are mentioned below by pointing out the democratic factors in administrative experience in the region. 2.1. Lack of Constitution In democratic regimes, constitution serves as a social contract between individuals and the state to establish the rules of democratic game, to limit the absolute power of administrators, to establish peaceful methods and mechanisms for the transfer of power, to protect and guarantee personal rights and freedoms. In other words, coming up with a constitution and to abide by the constitution paves the way for maintaining the other characteristics of democratic regime. 52 The lack of constitutional document, which clearly designates the relationship between citizens, political parties and the government as well as the relationship between legislative, executive and judicial powers, is one of the most important political problems of the Kurdistan Regional Government (KRG). This situation led to lack of administration experience in the region, ambiguous limits of the authorities of three powers, unequal power distribution among the three powers, stronger power of three political parties than the other three parties, deterioration of the government between those two parties in power, and to an armed conflict between the two parties. Also, there are many inequalities in the aforementioned constitution project. It appears that the authorities of the president of the region within the scope of this project was broadened to broaden the authorities of executive power at the cost of rights and freedoms of other authorities and citizens. As already mentioned before, this project gives brad authorities to the president of the region that would make it possible for him to meddle in government, parliament and jurisdiction. 53 2.2 Deficiency of Rule of Law The rule of law is considered as one of the backbones and foundations of contemporary democracy. It is such a foundation that it is believed the democracy mechanism would not work without it. 54 Hence, it is important to find independent, objective and effective judicial institutions and control mechanisms to guarantee the rule of law. It is expected from those institutions and mechanisms to provide respect for law, to increase credibility of transactions, and to eliminate injustices. In order to eliminate injustices, the use of administrative and judicial methods which respect administrative and judicial decisions of state mechanisms, administrative representatives and members of the public and which guarantee their rights should be based on parity. 55 The report of a non-governmental organization called the “American Society for Kurds” points out violation of the rule of law in KRG. Some of them can be listed as follows: that security forces and the police judge prisoners, acting slowly in concluding some cases, changing information in documents and files of certain issues that are not concluded, weak position of courts in the face of some issues related to two parties in power or tribes, physical and psychological torture against suspects, pressure and threat on judges, not performing the decision taken by judges in certain cases, delays in following the proceedings by judges of authorized courts, some judges’ adhering to the parties in power and giving verdicts in favor of the parties in power. 56 2.3. Violation of Human Rights, Public Freedoms, and Freedom of Expression Human rights is the cornerstone of democracy. 57 In other words, it is unimaginable to ORSAM Report No: 151, April 2013 15
ORSAM CENTER FOR MIDDLE EASTERN STRATEGIC STUDIES consider a democratic regime without a respect to fundamental rights of citizens. The strong bond between democracy and human rights is not recent. The Article 21 of the Universal Declaration of Human Rights suggests that; “The will of the people shall be the basis of the authority of government”. 58 What is meant by this statement based on the bilateral relationship between the state and individual is that protecting human rights, reaching democracy and a democratic regime is a part of the fundamental rights of the people. On the other hand, democracy presumes that there is a freedom of opinion and expression including the absence of an obstacle or influence in accepting an idea, and the right to publish an idea or thought without changing it or limiting ideas with obstacles. 59 Also, media organs are considered as an important means to express criticisms about the deficiencies in government agencies in democratic regimes. In addition to this, it might be asserted that is an important means to raise awareness among citizens, to form free platforms for political disputes, to create public opinion and exert pressure to eliminate problems and deficiencies. 60 The fundamental rights of citizens such as to stage demonstration are violated in KRG. Although this right is found within the Iraqi constitution 61 , in accordance with the relevant law of KRG, to stage demonstration depends on the approval of executive and administrative organs. Thus, the right to stage demonstration was limited. 62 The international reports point out violation of various human rights such as; torture, illegal arbitrary detentions, forcing citizens to become members of the two parties in power, security forces’ killing and injuring civilians who staged demonstrations. 63 As for the freedom of expression and press, many independent and semi-independent journals, magazines, radio and TV channels have emerged since 2000. Although press law was introduced by the Regional Parliament, there are many violations in this field as well. The Metro Center to defend the rights of journalists, prepared the most critical report on the press rights in 2011 since the establishment of KRG. In 2011, the Center recorded 359 cases of violations in different forms; four of which were injuries by gun fire, 8 cases of setting fire to media offices and channels, 85 cases of physical abuse, 57 cases of verbal threats. 64 2.4. Election Violations One of the most important elements of democracy is free and just elections held regularly where the people would show their own will. Each elector should be able to vote for the one that would represent himself/herself under the principles of transparency, freedom and equality. To that end, elections should be based on general, just and secret ballot basis. 65 But the elections are not the only part of democracy. Elections are just a component of democracy, but to make it a real one, the elections must be based on democratic foundations. And this should be done in accordance with equal opportunities, potential and means. Democracy which aims for the people to elect the person to rule themselves does not come to mean that the same group will always rule the other group. Accordingly, elections mean to elect, to participate in the elections, to be provided with opportunities and options to choose from. 66 In order for the elections not to lose its meaning, goal and to provide democracy, some conditions considered essential are required to be provided. Those principles might be listed as follows: 67 16 ORSAM Report No: 151, April 2013
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