Iraq's IHEC can replace the Region's outdated electoral commission

Reports 01:21 PM - 2023-05-23

Voting.

According to an Iraqi legal expert, attempting to reactivate the Independent Electoral Commission in its current form is unlawful. Instead, the Independent High Electoral Commission (IHEC) in Iraq can legally supervise elections in the Kurdistan Region, replacing the Region's outdated commission.

The Kurdistan Islamic Union (KIU) MP who resigned indicated that it is acceptable and legitimate for the IHEC of Iraq to oversee the next elections in the Kurdistan Region.

Deputy speaker has never made a decision in the history of parliament in the presence of the speaker

Abubakr Haladni, a resigned member of the fifth term of the Kurdistan Parliament from the KIU, told PUKMEDIA: "Yesterday's parliament session was questionable and irregular because an item was added to the agenda...  the deputy speaker of parliament has no right to add any item to parliamentary sessions in the presence of the speaker."

"According to the rules of procedure, the speaker of parliament can end the session if there is tension, which she did, so any decision made after the end of the session is illegal," Haladni continued. "In the history of the Kurdistan Parliament, a deputy speaker has never made decisions in the presence of the speaker of the Parliament."

The Region's electoral commission is outdated and disabled

The parties involved in the commission are urged not to accept the joke made by the legislature yesterday, as it would be a disgrace to reactivate it this way.

"Because the entire session of parliament was illegal, it is a disgrace for the Gorran Movement, the KIU, and the Kurdistan Justice Group (KJG), all of which have members on the Kurdistan Region's Independent Election and Referendum Commission, to accept yesterday's joke and allow the commission to be reactivated in this manner," Haladni said.

"It is normal for the IHEC to supervise the next elections in the Kurdistan Region because this Region's commission is outdated and inactive.  Additionally, there is no national agreement between the parties to reactivate it," he continued.

The Kurdistan Region is part of Iraq

Since the Kurdistan Region's electoral commission has expired and is no longer functional, there is no legal restriction on the IHEC holding elections there.

"According to the law, the IHEC can conduct the elections in the Kurdistan Region because we must not forget that the Kurdistan Region is part of Iraq and the IHEC has offices in all governorates of the Region," Ali Tamimi, an Iraqi legal expert, told PUKMEDIA.

"The Kurdistan Region's commission has expired and is crippled, so there is no legal prohibition against the IHEC holding elections in the Region," he continued. "I believe the IHEC can conduct a fair election and better uphold the reputation of electoral democracy than the Kurdistan Region's commission."

It is illegal to continue the session after the speaker's hammer knock

Tamimi further stated that the entire session was unconstitutional because the deputy speaker added an item to the agenda while the speaker was there.

 

He noted: "Any decision made after the speaker closes the session is illegal and will be ignored. The deputy speaker does not have that authority after the speaker closes the session."

Reactivating the commission must be in accordance with the law

Without consent from the parties and in defiance of the rules of procedure of the parliament, reactivating the electoral commission of the Kurdistan Region is unconstitutional and will not be considered.

Choman Mohammed, the coordinator of the Legal Chamber of the Gorran Movement, declared: "The reactivation of the Election Commission is against the law, the rules of procedure, and against the principle of compromise." "These opinions cannot be interpreted as biased because they are legal opinions and interpretations, not political ones."

"Under Article 18, Paragraph 3 of the rules of procedure, the speaker closed the session. After that, her deputy cannot continue the session," Mohammed added.

The Kurdistan Region's Independent High Elections and Referendum Commission was founded in 2014, but it is already obsolete and inoperable under the legislation. Although the parties attempted to restore the commission by an agreement, the KDP failed to keep its word, and the commission remained inert.
However, the IHEC, on the other hand, is empowered to accept the responsibility and manage the elections.



PUKMEDIA