Transitional Law

The Transitional Law required a two-thirds majority of the new assembly to select the new presidents, who appointed the Prime Minister who took office after receiving a simple majority vote of confidence from the assembly. Eighteen Governorate Councils and a 111-member council of the Kurdistan Regional Government were also elected.

The Iraqi Transitional Assembly would:

• Serve as Iraq's national legislature. It has named a Presidency Council, consisting of a President and two Vice Presidents. (By unanimous agreement, the Presidency Council will appoint a Prime Minister and, on his recommendation, cabinet ministers.)
• Draft Iraq's new constitution. This constitution was presented to the Iraqi people for their approval in a national referendum in October 2005. Under the new constitution, Iraq would elect a permanent government in December 2005 as new legislative elections were held for the Council of Representatives of Iraq.

Under the Transitional Administrative Law, signed March 2004, the country's executive branch was led by a three-person presidential council. The election system for the council effectively ensures that all three of Iraq's major ethnic / religious groups are represented. The constitution also includes basic freedoms like freedom of religion, speech, and assembly, and is perceived by some to be more progressive than the American Constitution.^[2] Controversially, however, it states that all laws that were in effect on the transfer date cannot be repealed. Furthermore, since the coalition forces are currently working to maintain order and create a stable society under the United Nations, coalition troops can remain in effective control of the country despite the transfer of sovereignty. Since Iraqi forces were then considered not fully trained and equipped to police and secure their country, it was expected that coalition troops will remain until Iraqi forces no longer required their support.

Violence and disruption

Armed Islamist, Ba'athist and other groups, which have carried out a campaign of bombings and assassinations in Iraq since the beginning of the occupation in 2003 (see Iraqi insurgency), threatened to disrupt the elections by suicide bombing and other violent tactics.

Abu Musab al-Zarqawi, head of the al-Qaida affiliate in Iraq, said: "We have declared a fierce war on this evil principle of democracy and those who follow this wrong ideology. Anyone who tries to help set up this system is part of it". He also made it clear that al-Qaida opposes elections in Iraq because they will result in a Shi'a-dominated government. He alleged that "the Shiites aim to begin spreading their evil faith among people through money and fear,"^[3]

A rigid security clampdown succeeded in preventing major disruption of the polling. In most parts of the country Iraqis were able to vote freely. More than 100 armed attacks on polling places took place, killing at least 44 people (including nine suicide bombers) across Iraq, including at least 20 in Baghdad. However, threats by opponents of the election to "wash the streets in blood" were not fulfilled.

A member of the Iraqi Security Force hands out pamphlets and provides security at a polling site in Nasarwasalam.

With civilian cars banned from roads for security, hundreds of residents of the Al Monsour district of Baghdad walk along a freeway to the polls.

An unnamed al-Qaida affiliate dismissed the elections as "theatrics" and promised to continue waging "holy war" against coalition forces. "These elections and their results ... will increase our strength and intention to getting rid of injustice," read the statement, which was posted to an Islamist web site.^[4]

Boycotts

One challenge to the legitimacy of the election was the low Arab Sunni turnout, which was as low as 2% in Anbar province. Areas with mixed populations saw the vast majority of voters back Shi'ite or Kurdish parties. The largest Arab Sunni party, The Iraqis, won only 1.78% of the vote (for comparison, Arab Sunnis are thought to be 15-20% of the population).

The boycott was largely a product of the threatened violence. The violence is centered in the Arab Sunni areas and the Arab Sunni party leaders felt that it would be impossible to hold fair elections in their areas. Major Arab Sunni parties such as the Iraqi Islamic Party and the Association of Muslim Scholars, boycotted the elections, as did some smaller groups such as the Worker-Communist Party of Iraq. The major Arab Sunni groups called for elections to be postponed until the safety of voters could be guaranteed. This call for a delay was supported by some in the west, but any such scheme was strongly opposed by the Shi'a parties. Despite the boycott and the resulting tiny Arab Sunni representation in the assembly, the major party leaders have assured the Arab Sunnis that they will have input into the new constitution. It is also expected that at least one of the major government positions will go to an Arab Sunni.

Small groups of protesters around the United States demonstrated in support of the boycott of the Iraq elections and against the occupation of Iraq. They claim that for an Iraqi election to have meaning America should not be "orchestrating the process".^[5]

Scott Ritter has alleged that America has partially rigged the election to reduce the percentage won by the United Iraqi Alliance from 56% to 48%. No evidence has been provided to support these allegations.^[6]

Observers

Hundreds of voters line up outside a polling place in Baghdad.

The election was monitored from outside of Iraq by the International Mission for Iraqi Elections^[7] made up of members from nine nations and headed by Canada. It was supported by the United Nations but was not a UN operation. The UN recused itself from monitoring the election as it had played a central role in setting up the election. A number of UN staffers worked within the Iraqi electoral commission setting up the election and are considered by some to be de facto international observers. It proved impossible to find monitors that would actually monitor the election from within the country. Rather the IMIE observers were based in Amman, Jordan and monitored the election from there. There were also representatives in Baghdad, generally the staff in the embassies of the IMIE nations. The absentee poll held in fourteen countries around the world were monitored by a wide array of IGO and NGOs, but these groups were unwilling to monitor the election in Iraq itself.

It is highly unusual to base the monitoring team outside of the country where the election is being held, but the observers decided this was necessary for safety reasons. Among other security precautions all but the head of the mission, Canadian Jean-Pierre Kingsley, remained anonymous. The main burden on monitoring the election thus fell to Iraqi representatives on the ground who sent reports to Amman. The majority of these volunteers were some 35,000 partisan scrutineers representing the parties competing in the election. Another 21,000 non-partisan volunteers were recruited by a variety of agencies and NGOs.^[8] The observers assert that despite the unusual circumstances the election was adequately monitored. Others disagree arguing that the IMIE was created to rubber stamp the American-created elections.^[9]

At the close of the polls, Kingsley stated that "the Iraqi elections generally meet international standards," while a preliminary assessment released after polling closed said that areas needing improvement included "transparency regarding financial contributions and expenditures, improvements to the voter registration process and reviewing the criteria for candidate eligibility."^[10]

The final report is available on the IMIE Web site.^[11]