New York Times
January 9, 2005
U.S. Is Haunted by Initial Plan for Iraq Voting
By STEVEN R. WEISMAN

WASHINGTON, Jan. 8 - In its struggle to transfer sovereignty back to Iraq
last spring, the Bush administration made some tough decisions about the
makeup of the political system and how Iraqi elections could occur quickly
and fairly. But now a little-noticed decision on election procedures has
come back to haunt administration officials, just weeks before the vote is
to take place, administration and United Nations officials say.

The fundamental decision set up one nationwide vote for a new national
assembly, rather than elections by districts and provinces. With a violent
insurgency spreading through the Sunni Arab areas of the country, it now
looks as if fewer Sunnis will vote, distorting the balance of the
legislature and casting doubt on whether the election will be seen as
legitimate.

According to officials planning the election, the decision was driven by the
realities of an unstable Iraq and the unrelenting pressure to speed the
country to a vote by the end of January 2005, as demanded by many Iraqis. To
make that deadline, it was believed, there was no time to conduct a census
or go through the politically divisive chore of drawing district lines.

A national constituency also made it easier to meet the demands of the
former exiles installed in power in Baghdad to let millions of Iraqis living
outside the country vote, and the demands of others to ensure that 25
percent of the legislators were women. The experts reasoned that it would be
much easier to find women for slates running nationwide than for each of
many smaller districts.

"We looked at a lot of alternatives and presented them to the Iraqis and
everyone else," said an official involved in the decision-making process.
"Basically, a nationwide constituency solved a lot of problems and made our
lives a lot easier."

But now, with the violent insurgency and more than 7,000 candidates, many in
alliances with other candidates, running for 275 seats nationwide, the
disadvantages of the current system are becoming all too apparent, according
to American, Iraqi and United Nations officials.

For one thing, these officials say, there is no possibility of postponing
the election selectively in those districts gripped by the insurgency. For
another, the expected low turnout in perhaps a fifth of the country, where
the Sunni minority lives, will presumably lessen the chances of candidates
who are popular there.

This problem is discouraging Sunnis from running or campaigning, and a
failure of these candidates to win proportionate to their share of Iraq's
population, could easily reinforce the Sunnis' alienation from the Shiite
majority.

Thus an election intended to bring Iraq together and quell the insurgency
could produce the opposite outcome, in part because of the way it has been
organized.

In a speech last week at the New America Foundation, a public policy
institute in Washington, Brent Scowcroft, the former national security
adviser of President George H. W. Bush and an increasingly vocal critic of
the war, warned of the danger of the election worsening the conflict. "The
Iraqi elections, rather than turning out to be a promising turning point,
have the great potential for deepening the conflict," he said.

The problem of underrepresentation of Sunnis in a future legislature has
already stirred talk among Americans, Iraqis and United Nations officials of
making adjustments after the voting. Among the ideas being discussed are
simply adding seats to the 275-member legislature, or guaranteeing that the
future government or constitution-writing committees have a fixed percentage
of Sunni representatives.

The decision to set up the election this way was made by L. Paul Bremer III
late in his tenure as the American administrator in Iraq. His aides say the
decision was urged on him by United Nations experts who argued that there
was no other way to ensure elections quickly.

The decision was discussed in Washington, but it is not clear whether it was
formally approved at the White House.

It was overshadowed by other decisions by Mr. Bremer, particularly his
efforts to persuade Grand Ayatollah Ali al-Sistani, the most revered Shiite
cleric in Iraq, to put the elections off until January.

But the national-constituency choice is now rued by at least some members of
Mr. Bremer's team.

"It was well-intentioned, but it was a mistake," said Larry Diamond, a
former adviser who is now a senior fellow at the Hoover Institution at
Stanford University.

"It's clear now that one of the major concerns motivating the Sunni boycott
is their fear that they'll wind up severely underrepresented under this
system."

Another former adviser to Mr. Bremer, Michael Rubin, a resident scholar at
the American Enterprise Institute, argues further that the system favors the
dominant Shiite parties with national organizations over local candidates
known only in their areas. This in turn is reinforcing Sunni anxiety about
voting, he says.

Other former aides to Mr. Bremer say there was never any intention to cement
Shiite control over Iraq. They say that while they would have preferred
electing the new legislators from smaller districts, the practical problems
were overwhelming. Some also say that while they were focusing on the
transition, they deferred to the United Nations on election mechanics.

"Ambassador Bremer was open to hearing a number of arguments from various
elections experts," said Dan Senor, spokesman for the American occupation
last year. "The United Nations experts told us unequivocally that elections
could not be held by the end of January based on any other system."

Carina Perelli, chief of the United Nations electoral assistance mission in
Iraq, reached her conclusion based on an assessment of the practical
problems and after consulting with Iraqis, officials said. The driving
factor was the American promise to hold the vote in January 2005.

"In the time frame we had, and given the elements that we had, it was the
best possible choice we could have made," Ms. Perelli said in an interview.
"As long as Iraqis were insisting on an election by Jan. 30, we chose the
best way to have a minimum disenfranchisement of voters and candidates."

Mr. Bremer declined to comment for this article, Mr. Senor said. But several
American officials said that in recalling the deference shown to Ms. Perelli
and her team, they were not trying to blame her for a bad decision. Rather,
they said, at the time all agreed it was the right decision and the fairest
way of conducting the election.

Several officials noted, for instance, that under the system to be used this
month, any candidate who gets one-275th of the national vote will get a seat
in the assembly, and that candidates popular in their communities should
have no trouble amassing that kind of a vote, even in spite of security
problems.

Most former occupation officials interviewed said there was a consensus
around Mr. Bremer that drawing district lines in the heat of the occupation
would have itself divided Iraqis.

"We were always running into the fairness question," said an official in
Baghdad. "We knew the environment was one of conflict. Why make plans for an
election that by themselves create even more opportunities for friction?"

But some officials said Mr. Bremer's advisers were now blaming Ms. Perelli
for the decision. One said that he had attended a meeting with Condoleezza
Rice, the national security adviser and secretary of state-designate, at
which she simply shrugged off the decision and said it had been made by the
United Nations.


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