Session Report
Representation
Who represents whom, where (and for what)?
Participants discussed the representation of the regions of Iraq, including the role, responsibilities and competences of a second chamber, drawing on examples of second chamber mechanisms employed by other federal countries. The controversial nature of regional representation was discussed in light of the escalating tensions among Shiite, Sunni and Kurdish groups, particularly as the decision to implement proportional representation has been criticised for not effectively representing Iraq’s people.
There have been mixed reactions to the adoption in Iraq of a ‘single electoral constituency’ with proportional representation, with some observers believing that proportional representation will allow a wider range of participation and avoid oppressive majority group domination, while others consider that it could encourage sectarian or ethnic populism where ethno-religious groups are distributed in the same regions.
Underlying Principles
Participants discussed three underlying notions to keep in mind for effective implementation of democratic principles in a divided society. In the first place, to achieve recognition and accommodation of differences, bridges across the groups should be encouraged and it should be ensured that the central government is fully responsive. Secondly, inclusion of all groups at all levels ensures that everyone has a voice, and finally, proportionality is preferable to simple majority rule, which in divided places is not effective. Though the proportional system chosen in Iraq was intended to incorporate these principles, rather than working towards harmony, the different regions and communities are becoming further divided.
Second chamber
Discussing other federal countries, participants considered the example of the United States, where the Senate (the second chamber) has powers equal to those of the House of Representatives, whereas in Germany and South Africa, the second chamber has a more limited role, with power of veto only on issues that have a direct relation on competence of the the regions and provinces, or on the constitutional framework. Some participants suggested that in order for regions to negotiate with each other and to communicate with the national government, it could be useful for the government to appoint representatives to the second chamber, which was also criticized as being anti-democratic.
The provision in the Iraqi Constitution calling for the establishment of the second chamber (or “Federation Council”) is similar to that in other federal constitutions, and is designed to represent the interests of the regions. The interests of the regions will be protected by a second chamber, mechanisms of cooperation and the judiciary. Participants noted that though the Constitution does have provisions to this effect, the details of the Federation Council have not been worked out and should therefore be a priority.
Selection
Participants considered the methods (appointment or election) in use for the selection of second chamber members. In Canada, senators are appointed by the central government, resulting in an ineffectual Senate, about which there is ongoing debate for reform along the lines of the systems in the United States and Australia, where there is an equal, effective and elected system. Participants evaluated the German model, in which members are appointed Cabinet ministers in provincial governments with a direct place in the legislature, and suggested that it might be a good model to consider in the Iraqi context
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Main issues
- What system of representation: proportionality or simple majority?
- What representation system for the second chamber?
- What powers for the second chamber?
- What powers and competences for the Electoral Commission?
- Should there be quotas? For whom?
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