Legal Frame Work

The Legal Framework for the 2010 Iraqi Parliament Elections

   The legal framework for the preparation and achievement of the 2010 Iraqi parliament elections is subject to a bunch of items mentioned in the core of the Iraqi constitution, in addition to other laws, which can be briefed as follows:

 

1. Based on chapter three/ branch one / band (49) of the constitution, where it stated that the parliament consists of a number of members, each with one seat for 100.000 people of the Iraqi population, representing the Iraqi people wholly. Those members are elected via direct confidential public voting method. The diversity nature of the Iraqi people is considered and they join in according to the law of the candidate and voter's terms and conditions, every other matters related to the electing process is organized in the format of a code.

 

2Elections Law number (16) for the year 2005 / an amended law, where chapter one of the law, band 1, item A of it states that mechanisms and regulations of elections are applicable on the parliamentary elections and as the five chapters clarified, in addition to the terms and conditions that voters and candidates are subject to.

 

3Law of parties and political authorities issued by the contemporary coalition authority (order number 97), where its first section stated: this order forms part of the legal framework for real, credible, and authentic elections that can mirror in a fair kind of way the ample diversity of the political trends in Iraq, which is accomplished through the encouragement of evolving political authorities Iraq wide and the organization of that in a uniquely honest and fair way.

 

4. Law for the first amendment of the elections law number (16) for the year 2005, where it stated in the reasons for its activation: this law has been enacted in order to implement elections in Iraq that are free, democratic, and honest, take these elections to the next level and according to the accredited international parameters as well as demand of the public of people.

 

5Second amendment law for the elections law number (16) for the year 2005, where according to which first band of the first amendment law was amended, population growth was added by 2.8% for each province annually and this made it easy for Iraqis to vote wherever they were, to vote for the lists of their provinces or candidates outside Iraq.

 

6An explanatory memo for the elections law number (16) for the year 2005 issued by the parliament, a table was placed in to clarify how the process of the distribution of seats on provinces is done, plus, (15) seats for the compensatory seats and the total number of the seats will be 325 seats.

 

7. According to the law of the parliament elections number (16) for the year 2005 / an amended law, IHEC issued all the necessary regulations that help facilitate the implementation of this law which is a prerequisite for the preparation and achievement of the electoral process, and they are as follows:

 

* Regulation of the update of the voters' list for the 2010 elections of the Iraqi members of the parliament.

* Regulation of elections and referendum observers for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the agents of the political entities for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the endorsement and accreditation of the political entities and coalitions for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the electoral complaints and appeals for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the endorsement of the candidates for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the voting, counting, and sorting for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the electoral campaigns for the 2010 elections of the Iraqi members of the parliament.

* Regulation of the Iraqis' out of country voting for the 2010 elections of the Iraqi members of the parliament.