The Impact of Changing Electoral Systems on Women’s Political Representation in Iraq: An Analytical Study in Light of the 2005 Constitution
DOI:
https://doi.org/10.59992/IJLRS.2026.v5n7p6Keywords:
Electoral Systems, Women’s Quota, 2005 Constitution, Sainte-Laguë, Multi-District, Political EmpowermentAbstract
The issue of women's political representation in Iraq is no longer confined to the absence of constitutional provisions, but rather lies in the instability of the governing "electoral system." This study aims to measure the impact of legislative variables (changing electoral laws) on the effectiveness of women's participation, by analyzing the dialectical relationship between "constitutional stability" represented by the Quota (Article 49) and "legislative turbulence" represented by the fluctuation of laws between the Proportional Representation system (Sainte-Laguë) and the Multi-District system. The research adopts a descriptive-analytical approach supported by a statistical reading of election outcomes (2010-2021) and a review of the historical development of political rights. The study concludes that there is a direct correlation between the electoral system type and the quality of female representation; while the "Sainte-Laguë" system entrenched women's subordination to party leaders (the Proxy MP phenomenon), the "Multi-District" system in the 2021 elections caused a qualitative leap, enabling 57 women to win by their own votes, exceeding the constitutional quota ceiling. The research also discusses the structural challenges (political violence, funding, patriarchal dominance) facing women, offering a forward-looking vision to evolve the Quota from a "protection" mechanism into a "competition" base.
References
1. Independent High Electoral Commission. (2021). System for the Distribution of Electoral Districts and the Mechanism for Calculating the Women’s Quota. Operations Department, Baghdad.
2. United Nations Assistance Mission for Iraq (UNAMI). (2018). Report on the Iraqi Legislative Elections: Gender and Participation. Baghdad: Human Rights Office.
3. United Nations Assistance Mission for Iraq (UNAMI). (2020). Women and Corruption: Challenges of Access to Decision-Making Positions in Iraq. Human Rights Office.
4. Iraqi Women and Future Organization. (2021). Monitoring Women’s Participation in the Al-Kadhimi and Al-Sudani Governments. Baghdad.
5. Constitution of the Republic of Iraq of 2005, published in the Iraqi Official Gazette, Issue No. 4012.
6. Iraqi Basic Law of 1925.
7. Interim Constitution of the Republic of Iraq of 1958.
8. Law of Administration for the State of Iraq for the Transitional Period of 2004.
9. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979. Ratified by Iraq under Law No. 66 of 1986.
10. United Nations Security Council Resolution No. 1325 of 2000 on Women, Peace, and Security.
11. Iraqi Council of Representatives Elections Law No. 9 of 2020.
12. Political Parties Law No. 36 of 2015.
13. Federal Public Service Council. (2022). Annual Report on Occupational Balance in State Institutions. Baghdad.
14. Federal Supreme Court. (2010). Decision No. 43/Federal/2010, Interpretation of Article 49.
15. Federal Supreme Court. (2010). Decision No. 12/Federal/2010.
16. Independent High Electoral Commission. (2021). Report on the Geographical Distribution of Women’s Quota Seats. Baghdad.
17. Al-Jubouri, Qahtan. (2010). Democracy and Human Rights in the New Iraq. Baghdad: Dar Al-Sanhouri.
18. Al-Jaddah, Raad. (2011). Constitutional Development in Iraq. Baghdad: Legal Library.
19. Al-Hadithi, Fakhri Jasim. (2015). Human Rights and Fundamental Freedoms in the Iraqi Constitution. Beirut: University Foundation for Studies.
20. Al-Hasani, Abdul Razzaq. (2005). History of Iraqi Ministries in the Republican Era, Part One. 1st ed. Beirut: Arab House of Encyclopedias.
21. Al-Hasani, Wissam. (2019). The Electoral System and Its Impact on Political Stability. Baghdad: Comparative Law Library.
22. Al-Khafaji, Aida. (2012). Women in Arab Constitutions: A Comparative Study. Beirut: Center for Arab Unity Studies.
23. Khalil, Mohsen. (1982). Political Systems and Constitutional Law. Baghdad: Dar Al-Hurriya for Printing.
24. Al-Dulaimi, Issam. (2016). A Concise Guide to Political Systems and Constitutional Law. Amman: Dar Al-Thaqafa.
25. Al-Zubaidi, Hassan Kashit. (2018). The Iraqi Political System After 2003: Structure and Function. Amman: Dar Al-Yazouri Scientific Publishing.
26. Al-Saadawi, Nawal, ed. (2017). Women and Power in the Arab World. Cairo: Dar Al-Adab.
27. Al-Sharafi, Muhammad. (2016). Women’s Political Rights in Islam and International Law. Amman: Dar Al-Thaqafa.
28. Al-Shawi, Mundhir. (2007). Philosophy of Law and the Constitution. Baghdad: Al-Dhakira Publishing.
29. Al-Shammari, Enas. (2022). A Sociological Reading of the Results of the 2021 Elections: Independent Women as a Model. Baghdad Riwaq Center for Public Policy.
30. Al-Ani, Nagham. (2018). Political Money and Its Impact on the Freedom of the Voter and the Candidate. Baghdad: Dar Al-Fikr Al-Qanuni.
31. Al-Azzawi, Saad. (2018). Legal Frameworks for the Work of Parties in Iraq. Baghdad: Comparative Law Library.
32. Al-Aqili, Jabbar. (2013). The Intermediate Text in Iraqi Constitutional Law. Baghdad: Al-Sanhouri Library.
33. Abdullah, Sanaa. (2017). Women and Executive Power in Arab Systems. Cairo: Dar Al-Nahda Al-Arabiya.
34. Abdullah, Sabah. (2019). Problems of Democratic Transition in Iraq. Baghdad: Al-Sabah Library.
35. Al-Obaidi, Bushra. (2018). Women and Law in Iraq: Between Legislative Texts and Practical Reality. Baghdad: Al-Mada Foundation.
36. Alwan, Mona. (2014). Political Empowerment of Arab Women: Reality and Aspirations. Cairo: National Council for Women.
37. Al-Karkhi, Maytham. (2020). Sociology of Politics in Iraq: A Study of Elite Structure. Beirut: Center for Arab Unity Studies.
38. Matar, Jasim. (2011). Constitutional Protection of Rights and Freedoms in Iraq. Baghdad: Law and Judiciary Library.
39. Al-Hashimi, Tariq. (2018). Studies in Constitutional Law and Political Systems. Alexandria: Mansha’at Al-Ma’arif.
40. Al-Hilali, Ali Hadi. (2014). General Theory of Rights and Freedoms: A Study of the Iraqi Constitution. Beirut: Al-Halabi Legal Publications.
41. Al-Janabi, Amal. (2019). The Role of the Women’s Quota in Enhancing Political Participation: Iraq as a Model. Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, 8(29).
42. Al-Jubouri, Intisar. (2019). Women in Iraqi Parties: Between Formal Empowerment and Effective Participation. Research paper presented to the Baghdad Dialogue Forum.
43. Al-Harbi, Asmaa. (2019). Political Violence Against Women in Iraq After 2003. International Politics Journal, 54(215).
44. Hassan, Enas Abdul. (2020). Women’s Political Rights in Light of Social Changes in Iraq. Journal of the University of Babylon for Humanities, 28(3).
45. Hassan, Ban. (2020). Socio-Cultural Obstacles to Iraqi Women’s Political Participation. Journal of Social Studies, Bayt Al-Hikma, 15(2).
46. Hassan, Haider Adham. (2020). Constitutional Review of Electoral Laws in Iraq. Journal of Rights, Al-Mustansiriya University.
47. Hussein, Laila. (2020). The Impact of the Electoral System on Women’s Political Representation in Iraq. Journal of Political Science, University of Baghdad, 55(2).
48. Khudair, Ahmed. (2021). Criminal Protection of Candidates in Parliamentary Elections. Journal of Rights, Al-Nahrain University, 22(1).
49. Rahim, Zainab. (2018). Political Empowerment of Women in Light of International Conventions and the Iraqi Constitution. Unpublished master’s thesis, College of Law, University of Babylon.
50. Al-Zubaidi, Walid Jasim. (2019). Electoral Systems and Their Impact on Democratic Transition in Iraq. Journal of Political Science, University of Baghdad.
51. Al-Saadi, Muhammad. (2016). The Principle of Equal Opportunities in Iraqi Administrative Judiciary. Journal of Legal Sciences, University of Baghdad.
52. Shabib, Kazim. (2005). A Reading of the Law of Administration for the State of Iraq for the Transitional Period. Journal of Legal Studies, Bayt Al-Hikma, Baghdad.
53. Al-Abadi, Haider. (2018). The Impact of the Women’s Quota on Parliamentary Performance in Iraq After 2003. Journal of Political Science, Al-Mustansiriya University.
54. Ali, Fatima. (2019). Evaluating the Performance of Iraqi Women Parliamentarians: A Field Study, 2014-2018. Al-Mustansiriya Journal of Arab and International Studies, 14(4).
55. Ali, Saja. (2022). Digital Violence Against Women Activists in Iraq. Baghdad Riwaq Center for Public Policy.
56. Al-Ali, Saja. (2023). The Future of Political Empowerment of Iraqi Women: Beyond the Quota. Unpublished study presented at the Women’s Conference, University of Kufa.
57. Kazem, Ali. (2021). Multiple Districts and Their Impact on Women’s Electoral Chances in the 2021 Elections. Journal of Legal Studies, 8(1).
58. Muhammad, Sanaa. (2018). Social Obstacles to Women’s Political Participation in Southern Iraq. Journal of Basra Arts, 30(1).
59. Al-Rafidain Center for Dialogue. (2022). Outcomes of the 2021 Elections: A Reading of Voting Behavior. Najaf: Dar Al-Rafidain.
60. Mahdi, Haider. (2017). The Role of the Federal Supreme Court in Protecting Political Rights. Kufa Journal of Legal and Political Sciences, 10(33).
61. Yusuf, Samir. (2017). Positive Discrimination in the Iraqi Constitution: A Critical Reading. Journal of Rights, Al-Nahrain University, 12(3).
62. Yassin, Taha. (2016). The Problem of Reconciling Democracy and Islam in the Iraqi Constitution. Tikrit University Journal of Legal and Political Sciences, 7(2).
