Navigating Duality: Human Rights and the Rule of Law in Iraq's Political Landscape

The Complex Duality in the Iraqi Political System

The Iraqi political system is characterized by a complex duality, manifested in the duality of representation and the imposition of will. This intricate dynamic poses a significant threat to the stability and integrity of the political framework. This duality is not a recent development but has been an inherent aspect since the establishment of the regime. Its danger lies in its severity and its impact on the political, social, and religious structures within the country, leading to increased fragmentation and conflict. This was evident during the events in the Green Zone and the ongoing disputes among Sunni forces over the position of Speaker of Parliament, as well as the conflicts among Kurdish parties following the 2017 referendum crisis.

The Sunni Component: Crisis of Representation and Imposition of Will

The crisis of representation among Sunni political parties began to surface after 2018, becoming more pronounced following the 2021 parliamentary elections. Sunni political blocs have since aligned into two main factions: the Halbousi-Al-Khanjar axis and the axis of decisiveness and determination parties. The crisis intensified with the dismissal of Al-Halbousi from the presidency of the parliament, leading to attempts by each faction to impose its will in securing its candidate for the presidency. This struggle has extended to making concessions to Shiite and Kurdish parties in local government roles, and the crisis persists.

The imposition of will, while ostensibly representing the will of the people, also involves the imposition of a particular methodology. This reflects a conflict between a conservative liberal civil trend and a traditional Islamic trend, which seeks to regain influence within the component that it once controlled before the ISIS crisis. This ongoing conflict risks spilling over into social bases, whether religious or tribal, with emerging tensions between Salafi and Sufi currents and struggles for prestige within clans.

Human Rights Perspective: The ongoing power struggles within the Sunni component highlight significant human rights concerns, particularly regarding political disenfranchisement and the marginalization of certain groups. The imposition of will often leads to exclusionary practices, where minority voices are silenced, and political representation does not reflect the diverse needs of the population. Ensuring equal representation and participation in political processes is crucial to upholding human rights and fostering a more inclusive society.

Rule of Law Perspective: The persistent crisis of representation and imposition of will underscores a need for stronger adherence to the rule of law. Political disputes should be resolved through established legal frameworks and democratic processes rather than through coercion or concessions. Strengthening the rule of law would help ensure that political power is exercised fairly and transparently, reducing the potential for conflict and enhancing stability.

The Shiite Component: Crisis of Representation and Imposition of Will

The 2021 elections highlighted the crisis of representation at the Shiite political level, showcasing the imposition of wills between the Sadrist movement and the coordination framework. The Sadrist movement aimed to form a national majority government, excluding some forces within the coordination framework that advocate for a consensus government. This conflict stems from the Sadrist belief in representing the "Shiite majority," yet they were unable to form the government due to the presence of a blocking third. This led to Sadr's withdrawal from the political process and the resignation of his parliamentary bloc members. However, he later returned through the Shiite National Movement, advocating for legislation like Eid al-Ghadir, a move achieved by his opponents in parliament to prevent the Sadrist movement from monopolizing the Shiite will.

The persistence of this duality could lead to further conflict among political parties, potentially extending to social bases where tribal conflicts occasionally arise, often involving heavy weaponry. Some political parties have penetrated the tribal structure, establishing tribal leaders based on mutual interests, similar to the Sunni parties.

Human Rights Perspective: The Shiite component's internal conflicts raise human rights issues related to political freedoms and the right to participate in governance. The exclusion of certain groups from the political process undermines democratic principles and can lead to human rights violations. Promoting inclusive governance and protecting political freedoms are essential to ensuring that all citizens can participate equally in the political landscape.

Rule of Law Perspective: The ongoing power struggles within the Shiite component highlight the importance of upholding the rule of law. Political actors must respect legal and constitutional frameworks to prevent the arbitrary use of power. Strengthening legal institutions and ensuring accountability for political actions are critical to maintaining the rule of law and fostering political stability.

#### The Kurdish Component: Crisis of Representation and Imposition of Will

The conflict of imposing will among Kurdish parties is not new in post-2003 Iraq, though its intensity decreased until 2018. Kurdish parties often fought within the regional government, yet this conflict typically subsided when facing the central government in Baghdad. This strategy allowed these parties to play a pivotal role in forming federal governments, imposing conditions, and passing laws beneficial to them. However, post-2018, this strategy ended, and the struggle for representation among Kurds escalated, leading to accusations of treason among Kurdish parties.

This conflict persists in the selection of the President of the Republic, traditionally held by the Patriotic Union of Kurdistan, which views this position as a right to represent the Kurdish component both internally and externally. The Kurdistan Democratic Party, aiming for the Ministry of Foreign Affairs for similar representation purposes, has since shifted its focus to the presidency, highlighting the essence of this crisis: representing Kurds both regionally and externally to impose their will in alignment with their interests.

Human Rights Perspective: The Kurdish component's political struggles raise concerns about the equitable representation of Kurdish citizens and their ability to influence political decisions. Ensuring that all Kurdish voices are heard and represented is vital to upholding human rights and promoting social cohesion. Efforts should be made to address grievances and foster dialogue among Kurdish parties to ensure fair representation.

Rule of Law Perspective: The ongoing conflicts within the Kurdish component emphasize the need for adherence to the rule of law. Political negotiations and power-sharing arrangements should be guided by legal principles and democratic norms to prevent the escalation of tensions. Strengthening legal frameworks and promoting transparency in political processes are essential to ensuring the rule of law and achieving lasting stability.

This duality has led the political system into numerous crises that political forces have been unable to resolve, often deferring them instead. This approach has become a threat to political and social stability in the absence of political consensus. This is evident in the prolonged process of forming local governments in Diyala and Kirkuk, six months after local elections, where political forces have yet to convene a single session to elect governors or directly engage winning council members.