Shafaq News/ Iraq's path toward democracy ismarked by both achievements and daunting obstacles. Two decades after theUS-led invasion aimed to transform its governance, the nation remains enmeshedin severe challenges, including rampant corruption, sectarian conflict, andcritical human rights issues.
The world marks "International Day ofDemocracy" on September 15, an annual occasion established by the UnitedNations to underscore democracy's critical role in fostering peace,development, and human rights.
As democratic systems worldwide face mountingpolitical, economic, and social challenges, the need to bolster and upholdthese values has never been more urgent.
In its statement for the 2024 International Dayof Democracy, the United Nations stressed that democracy is not just apolitical system but a way of life that empowers citizens to activelyparticipate in decision-making while safeguarding their fundamental rights andfreedoms.
“On this International Day of Democracy, let’skeep working to build a more inclusive, just, and equal world.”
From Invasion to Fragile Democracy
On March 20, 2003, the United States, backed byBritish forces, invaded Iraq with roughly 190,000 troops under "OperationIraqi Freedom." The stated goal was to overthrow Saddam Hussein's regimeand usher in peace and democracy. By April 9, Saddam's government hadcollapsed, but instead of peace, the country spiraled into chaos, plagued bysectarian violence and the rise of insurgent groups, including al-Qaeda andlater the Islamic State (ISIS).
The preemptive invasion had been justified bythe alleged presence of weapons of mass destruction, including nuclear andchemical weapons. However, these weapons were never found, leading towidespread criticism and questions about the war's legitimacy.
Following the fall of Saddam, Iraq saw a seriesof notable political changes. The creation of the Iraqi Governing Councilmarked a turning point, as power was divided among the country's varioussectarian and ethnic groups, creating a fragile political balance.
During the US occupation from 2003 to 2011,which took a devastating toll, with more than 100,000 Iraqi civilians losingtheir lives, Iraq entered a turbulent period, often referred to as"creative chaos." This phase was intended to pave the way fordemocracy after decades of political instability. Iraqi leaders were taskedwith drafting a new permanent constitution, replacing a symbolic constitutionthat had gone largely unused for 35 years. Before this, the "Law of theAdministration for the State of Iraq for the Transitional Period" wasintroduced to establish a pluralistic, representative democracy.
The drafting process, which involved Iraqis andUS officials led by then-US Ambassador to Baghdad, Zalmay Khalilzad, culminatedin the approval of a permanent constitution in a referendum on October 25,2005. Despite gaining 78% approval from Shiites, Kurds, and some Sunnis, theconstitution failed to achieve full national consensus, reflecting Iraq’s deepsectarian divisions.
Evolving Democratic Scene
In an interview with Shafaq News Agency, RawaaAl-Musawi, legal expert and head of the "Irtiqaa" Organization forSustainable Development/Irtiqaa Center for Community Development, emphasizedthat "Iraq is considered a democratic country from a formal and legalperspective, with an electoral system, multiple authorities, and the inclusionof citizens in decision-making through parliamentary representation. Citizens,therefore, have a role in governance by expressing their opinions and selectingtheir representatives."
However, Al-Musawi acknowledged, "Inpractice, the situation is unstable; security and social challenges, the spreadof uncontrolled weapons, administrative corruption, and difficulties insafeguarding certain freedoms or amending specific laws negatively impactdemocracy and the rule of law. Nonetheless, democracy remains a relatively newconcept for Iraqis, and raising awareness about it is crucial for societaldevelopment."
In turn, MP Abbas Al-Jubouri echoed thissentiment, noting that "the shift from dictatorship to democracy hasbrought about important change, though accompanied by friction and disruptionsthat may challenge the democratic process.”
“Even so, democracy remains the most effectivesystem."
Speaking to Shafaq News Agency, Al-Jubouri added,"The concept of democracy in Iraq is becoming more deeply embedded in thepolitical process with each passing day. While obstacles persist, democracy isemerging in a region where such systems are scarce, which is a positivedevelopment for Iraq."
Al-Jubouri also highlighted that"individuals and small groups are attempting to exploit the democraticsystem for personal interests, but these efforts will not damage the overallpicture."
Human Rights Struggles
Iraq remains among the nations facing serious threatsto democracy, 21 years after transitioning from dictatorship to democraticrule. According to Sarmad Al-Badri, spokesperson for the Iraqi High Commissionfor Human Rights (IHCHR), the country "still faces many challenges andcomplexities in the human rights file," despite the adoption of democraticlaws and a constitution allowing for parliamentary and provincial councilelections.
"There is a strong connection betweendemocracy and human rights," Al-Badri told our agency. "The moredemocratic the states are, the more sustainable and effective their humanrights laws become, in terms of legislation and the protection of citizens andtheir rights."
Iraq's 2005 constitution, the sole legalframework in effect, dedicates a section to "rights and freedoms."Article 14 guarantees that " Iraqis are equal before the law withoutdiscrimination based on gender, race, ethnicity, origin, color, religion,creed, belief or opinion, or economic and social status." Article 15further affirms the right to "life, security, and liberty," statingthese rights cannot be revoked except by law and judicial authority.
Yet, Al-Badri underscored that "greaterefforts are still needed" to address ongoing human rights issues. Iraqcontinues to struggle with "health, environment, services, education,housing, freedom of opinion and expression, prisons, and preliminaryinvestigations," he said.
Additionally, the country faces a litany ofongoing crimes, including "drug-related offenses, suicide, humantrafficking, child labor, and domestic violence," alongside unresolvedissues like displaced persons in camps.
Corruption, environmental degradation,desertification, drought, and overcrowded prisons further complicate thesituation.
"All of this makes the state of humanrights in Iraq far from ideal," Al-Badri explained, though he acknowledgedprogress in housing standards, daily income, and victim compensation.
Troubling Democracy Index
The latest Democracy Index report from theNormandy Institute in the European Parliament highlighted Iraq's precariousposition as one of the ten most dangerous countries for democracy, placing it130th out of 138 nations. Despite 21 years having passed since the US invasion,Iraq remains mired in severe challenges, including persistent securityinstability, humanitarian crises, economic and developmental setbacks, energydeficits, sectarian strife, and widespread corruption. “The country received alow score of 3.6 points.”
Furthermore, the report noted a slightimprovement from last year, with Iraq moving up three spots from its 2023ranking of 133rd. Nonetheless, Iraq continues to face major threats to peaceand democratic stability. "Iraq is still under the threat of terrorism,weak in addressing climate change, and suffering from water shortages and afood crisis," the report stated.
Protecting Rights, Promoting Democracy
IHCHR spokesperson has urgently called onParliament to accelerate the enactment of critical human rights legislation.This includes laws on Child Protection, Domestic Violence, Freedom of Opinionand Expression, and the Right to Access Information. Moreover, he stressed theneed for legislation addressing alternative penalties and ensuring that alllaws are aligned with human rights standards.
"We need to implement regular reviews oflaws and decisions in line with current realities and progress.”
In a separate appeal, he urged the ExpertsCommittee in the Iraqi Council of Representatives to promptly appoint the Boardof Commissioners for the High Commission for Human Rights. "The Commissionis a constitutional body with a crucial role in monitoring and advancingdemocracy in Iraq," he stated.