The crisis
- The absence of a constitutional provision allowing the extension of the Parliament term until the elections, which means that the country will be without a parliament and Maliki’s government will turn into caretaker government until elections are held.
The constitutional crisis may extend beyond that if the Parliament doesn’t amend the Election Law during next January next, which means there will be no official institution has the authority to approve the new amendments.
- Another problem is the need to update the voter register, it was supposed to hold the election according to the current record, which has been updated in September this year. Postponing the elections, means that there are Iraqi citizens who are 18 years old after the new year and entitled to vote, but their register is approved.
- Although the main objective of Hashimi’s position is to modify the number of compensatory seats in the Parliament, but there is another point which is as important as the previous points, which is:
The mechanism of calculating the extra votes among the major parties (or those who achieved the highest rates in the election).
Hashimi left the door open on this issue saying that IHEC can modify the compensatory seats without the need to refer to the Parliament. Even Hashimi allies and his supporters will disagree with this solution, they will consider Hashimi’s point unconstitutional.
Current situation
According to “Green Zone” newspaper Al-Sabah, there are three option to deal with the current situation. before we go through the possibilities of these options, there are two things ignored by the media and the politicians:
- According to the constitution, the Presidential Council can veto a law two times only, the third time if the Parliament approve the law, then it is automatically valid without the Presidential Council approval.
- I don’t know why the politicians ignored this point, but IHEC already proposed a solution for the for the votes of 4 million Iraqis abroad.
The suggestion is to create a separate constituency for the Iraqis abroad and to be considered the “19th province”. The only thing this proposal needs is to amend article 17 in the election Law.
The options:
- Wait for a response from the Federal Court. The Federal Court already responded that Hashimi’s veto is not constitutional, but the parliament spokesman Al-Samari said that the Federal Court’s response was an opinion and a mandatory decision.
- Veto Hashimi’s veto. this is what Maliki asked the parlaimenet to do, this option needs time and absolute majority, Al-Sharqiya TV reported this morning that this option failed, another defeat for Maliki. I personally think that this is more a threat than an option. .
- Amendment of the point vetoed by Al-Hashemi. This what Hashimi’s supporters want, which means more delay in the parliament
The situation right now is that Hashimi bets on the support Sunnis, Kurds and secular parties support Hashimi’s decision, Shiite parties see it like a declaration of war, so frustrated that there are calls to withdraw confidence from Hashimi in the parliament
It seems that Al-Hashimi will continue to challenge the Shiite parties, despite the media and political campaigns against him.
Hashimi is on a crossroads, if he stay firm and continues his “battle” and not retreat at the last minute (as he always did before, but he said today that he learned a lesson from the constitution deal, when major parties ignored his demands) then he will gain the support of the Iraqi street (and propaganda for the coming election).
What Hashimi needs to do now is to tackle another Iraqi issue that concerns the Iraqi public (preferably something to do with the Iraqi government, parliament or the political process), to use it as a counter attack against his opponents.
I want you also to keep a note of Ammar Al-Hakim’s “soft” position which is a bit “different” from his INA’s “aggressive” reactions, he told the media that he agrees with Hashimi of the right of votes of the Iraqis abroad but he disagree to postpone the elections.
Speaking about Ammar Al-Hakim, there are rumors say that he went to Turkey to meet with members of the Ba’ath Party, both sides (Hakim and Ba’athists) denied these rumors, but a side event makes you think that there is some kind of truth in this.
Arab Parties Conference, just recently held in Syria with participation of Iraqi Ba’ath Party, people saw the speaker of the Ba’ath Party “Al-Murshidi” was very friendly with Hezbollah representative, both men even walked hand-in-hand, and both delegations exchange handshakes (I can prove this if anybody doubts), is Hezbollah tries to mediate between Ba’ath Party and Hakim? I don’t know..
P.S.