From dictatorship to democracy: Iraq’s 21-year journey after invasion

Shafaq News/ Iraq's path toward democracy is marked by both achievements and daunting obstacles. Two decades after the US-led invasion aimed to transform its governance, the nation remains enmeshed in severe challenges, including rampant corruption, sectarian conflict, and critical human rights issues.

The world marks "International Day of Democracy" on September 15, an annual occasion established by the United Nations to underscore democracy's critical role in fostering peace, development, and human rights.

As democratic systems worldwide face mounting political, economic, and social challenges, the need to bolster and uphold these values has never been more urgent.

In its statement for the 2024 International Day of Democracy, the United Nations stressed that democracy is not just a political system but a way of life that empowers citizens to actively participate in decision-making while safeguarding their fundamental rights and freedoms.

“On this International Day of Democracy, let’s keep working to build a more inclusive, just, and equal world.”

From Invasion to Fragile Democracy

On March 20, 2003, the United States, backed by British forces, invaded Iraq with roughly 190,000 troops under "Operation Iraqi Freedom." The stated goal was to overthrow Saddam Hussein's regime and usher in peace and democracy. By April 9, Saddam's government had collapsed, but instead of peace, the country spiraled into chaos, plagued by sectarian violence and the rise of insurgent groups, including al-Qaeda and later the Islamic State (ISIS).

The preemptive invasion had been justified by the alleged presence of weapons of mass destruction, including nuclear and chemical weapons. However, these weapons were never found, leading to widespread criticism and questions about the war's legitimacy.

Following the fall of Saddam, Iraq saw a series of notable political changes. The creation of the Iraqi Governing Council marked a turning point, as power was divided among the country's various sectarian 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 losing their lives, Iraq entered a turbulent period, often referred to as "creative chaos." This phase was intended to pave the way for democracy after decades of political instability. Iraqi leaders were tasked with drafting a new permanent constitution, replacing a symbolic constitution that had gone largely unused for 35 years. Before this, the "Law of the Administration for the State of Iraq for the Transitional Period" was introduced to establish a pluralistic, representative democracy.

The drafting process, which involved Iraqis and US officials led by then-US Ambassador to Baghdad, Zalmay Khalilzad, culminated in the approval of a permanent constitution in a referendum on October 25, 2005. Despite gaining 78% approval from Shiites, Kurds, and some Sunnis, the constitution failed to achieve full national consensus, reflecting Iraq’s deep sectarian divisions.

Evolving Democratic Scene

In an interview with Shafaq News Agency, Rawaa Al-Musawi, legal expert and head of the "Irtiqaa" Organization for Sustainable Development/Irtiqaa Center for Community Development, emphasized that "Iraq is considered a democratic country from a formal and legal perspective, with an electoral system, multiple authorities, and the inclusion of citizens in decision-making through parliamentary representation. Citizens, therefore, have a role in governance by expressing their opinions and selecting their representatives."

However, Al-Musawi acknowledged, "In practice, the situation is unstable; security and social challenges, the spread of uncontrolled weapons, administrative corruption, and difficulties in safeguarding certain freedoms or amending specific laws negatively impact democracy and the rule of law. Nonetheless, democracy remains a relatively new concept for Iraqis, and raising awareness about it is crucial for societal development."

In turn, MP Abbas Al-Jubouri echoed this sentiment, noting that "the shift from dictatorship to democracy has brought about important change, though accompanied by friction and disruptions that may challenge the democratic process.”

“Even so, democracy remains the most effective system."

Speaking to Shafaq News Agency, Al-Jubouri added, "The concept of democracy in Iraq is becoming more deeply embedded in the political process with each passing day. While obstacles persist, democracy is emerging in a region where such systems are scarce, which is a positive development for Iraq."

Al-Jubouri also highlighted that "individuals and small groups are attempting to exploit the democratic system for personal interests, but these efforts will not damage the overall picture."

Human Rights Struggles

Iraq remains among the nations facing serious threats to democracy, 21 years after transitioning from dictatorship to democratic rule. According to Sarmad Al-Badri, spokesperson for the Iraqi High Commission for Human Rights (IHCHR), the country "still faces many challenges and complexities in the human rights file," despite the adoption of democratic laws and a constitution allowing for parliamentary and provincial council elections.

"There is a strong connection between democracy and human rights," Al-Badri told our agency. "The more democratic the states are, the more sustainable and effective their human rights laws become, in terms of legislation and the protection of citizens and their rights."

Iraq's 2005 constitution, the sole legal framework in effect, dedicates a section to "rights and freedoms." Article 14 guarantees that " Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status." Article 15 further affirms the right to "life, security, and liberty," stating these rights cannot be revoked except by law and judicial authority.

Yet, Al-Badri underscored that "greater efforts are still needed" to address ongoing human rights issues. Iraq continues to struggle with "health, environment, services, education, housing, freedom of opinion and expression, prisons, and preliminary investigations," he said.

Additionally, the country faces a litany of ongoing crimes, including "drug-related offenses, suicide, human trafficking, child labor, and domestic violence," alongside unresolved issues like displaced persons in camps.

Corruption, environmental degradation, desertification, drought, and overcrowded prisons further complicate the situation.

"All of this makes the state of human rights in Iraq far from ideal," Al-Badri explained, though he acknowledged progress in housing standards, daily income, and victim compensation.

Troubling Democracy Index

The latest Democracy Index report from the Normandy Institute in the European Parliament highlighted Iraq's precarious position as one of the ten most dangerous countries for democracy, placing it 130th out of 138 nations. Despite 21 years having passed since the US invasion, Iraq remains mired in severe challenges, including persistent security instability, humanitarian crises, economic and developmental setbacks, energy deficits, sectarian strife, and widespread corruption. “The country received a low score of 3.6 points.”

Furthermore, the report noted a slight improvement from last year, with Iraq moving up three spots from its 2023 ranking of 133rd. Nonetheless, Iraq continues to face major threats to peace and democratic stability. "Iraq is still under the threat of terrorism, weak in addressing climate change, and suffering from water shortages and a food crisis," the report stated.

Protecting Rights, Promoting Democracy

IHCHR spokesperson has urgently called on Parliament to accelerate the enactment of critical human rights legislation. This includes laws on Child Protection, Domestic Violence, Freedom of Opinion and Expression, and the Right to Access Information. Moreover, he stressed the need for legislation addressing alternative penalties and ensuring that all laws are aligned with human rights standards.

"We need to implement regular reviews of laws and decisions in line with current realities and progress.”

In a separate appeal, he urged the Experts Committee in the Iraqi Council of Representatives to promptly appoint the Board of Commissioners for the High Commission for Human Rights. "The Commission is a constitutional body with a crucial role in monitoring and advancing democracy in Iraq," he stated.