One event to which democratists should look forward this spring is the release of Freedom House's "Freedom in the World 2005," a comprehensive on governance and liberty across the globe. Of special interest should be the appraisal of polity in Iraq and Afghanistan, as each country has both progressed and held a free election in the interim. At the time of consideration for the last report, administrative control of Iraq had recently been transferred to the [second] of two provisional governments; terrorism and sabotage was at a higher level and the National Assembly election was months away.
Out of curiosity, an admiration for Freedom House's methodology and a desire to judge the polity of Iraq as objectively as possible using a respected scale, I present my own layman's determination of civil and political freedom in Iraq. Freedom House's outline-form "checklist" has been reproduced here. My opinion of each category's satisfaction and scoring thereof is in corresponding boldface type:
POLITICAL RIGHTSA. Electoral Process1. Is the head of state and/or head of government or other chief authority elected through free and fair elections? Yes, he is nominated by an elected National Assembly — 3.2. Are the legislative representatives elected through free and fair elections?
Yes, they are selected by parties who win support in direct elections protected by robust law — 3.3. Are there fair electoral laws, equal campaigning opportunities, fair polling, and honest tabulation of ballots?
Iraq's January 30, 2005 election was objectively judged as free and fair, although terrorists conducted attacks and voter turnout was both locally and regionally low in areas affected by violence and intimidation — 2.
B. Political Pluralism and Participation
1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?
Yes, over one hundred parties and independent candidates competed in the first National Assembly elections. Many parties, including the largest and most successful coalition, the United Iraqi Alliance, were multi-sectarian — 4.
2. Is there a significant opposition vote, de facto opposition power, and a realistic possibility for the opposition to increase its support or gain power through elections?
Despite a demographic primacy of Shiites, parties among every major ethnic group are numerous and politically diverse. Iraq's current law ensures that even a strong majority parliamentary coalition must negotiate with its opposition, and there is no evidence that parties will remain in their current collective associations for future ballots — 3.
3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?
Allied powers encouraged free and independent association. Iraq's military played no noticeable role; any exploitation of administrative power by members of the transitional government exerted little or no influence on the electorate. The formation and campaigning of political parties was largely free of foreign interference — 3.
4. Do cultural, ethnic, religious, and other minority groups have reasonable self-determination, self-government, autonomy, or participation through informal consensus in the decision-making process?
Current Iraqi law follows principles of federalism; pluralism is intentional but without a formal constitution pending — 2.C. Functioning of Government
1. Do freely elected representatives determine the policies of the government?
For the first time in history, Iraq's permanent constitution will be drafted and ratified by elected representatives of the Iraqi people. As part of that document, Iraq's polity will be conducted as a fully sovereign parliamentary democracy — 3.
2. Is the government free from pervasive corruption?
No, it is not. Iraq ranked dismally in Transparency International's 2004 Corruption Perceptions Index. Cultural and societal vestiges from Iraq's authoritarian past linger. Government transparency and honesty is an important topic of debate to both citizens and statesmen, however, lending support to a public anti-corruption effort — 1.
3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?
Interim Prime Minister Iyad Allwai's fall from political grace is perhaps the best example, if anecdotal, of culpability for poor performance as judged by the Iraqi electorate. Furthermore, elected and appointed government representatives openly discuss graft and incompetence in the context of reform — 3.
CIVIL LIBERTIESD. Freedom of Expression and Belief1. Are there free and independent media and other forms of cultural expression?
The freedom of speech is widely and increasingly celebrated. Broadcast television is centralized in the absence of commercial entities to adopt state channels left over from Saddam Hussein's regime. Private newspapers, however, flourished immediately after the Ba'athists fell and continue to burgeon. Private radio stations are in operation. Iraqis have fairly easy commercial access to satellite television networks and unrestricted access to the internet — 3.
2. Are there free religious institutions, and is there free private and public religious expression?
Some localized harrassment and persecution occurs on a fairly regular basis, although these acts are publicly and popularly denounced, and perpetrators are often terrorists and seditionists — 2.
3. Is there academic freedom, and is the educational system free of extensive political indoctrination?
All major centers of learning, including universities, have been in operation, offering full enrollment, since 2003. Education has been stripped of Ba'athist propaganda and associated ideological coercion. Several campaigns to build and reconstruct local schools are underway — 4.
4. Is there open and free private discussion?
Discussion is vigorous, intimidation from terrorists notwithstanding, with more Iraqis joining private and public debates as the country rebuilds — 3.E. Associational and Organizational Rights
1. Is there freedom of assembly, demonstration, and open public discussion?
Peaceful protest and the freedom of association has been respected and protected by law and authority since April 2003 — 4.
2. Is there freedom of political or quasi-political organization?
Political parties and associations are numerous and diverse — 4.
3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?
Iraqi trade and labor unions have been actively establishing themselves in the new state. They are receiving aid from foreign counterparts to organize and operate with their respective industry's management — 3.F. Rule of Law
1. Is there an independent judiciary?
Iraq's judiciary has been independent under the Transitional Administrative Law since March 24, 2004 — 4.
2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?
Despite tactical disadvantages against some lawbreakers, including terrorists, and some degrees of corruption, Iraqi police yield to both a civilian authority and the law — 3.3. Is there protection from police terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?
Civil authorities are held accountable by the public and international observation. The concept of unlawful imprisonment has received great attention from Iraqis and detainment, even that of terrorists, receives public scrutiny. Though terrorism and lawlessness is present it is not pervasive. — 2.
4. Is the population treated equally under the law?
Civil and military authorities have gone to great lengths, often adopting artificial requirements and qualifications, to invite pluralism and ensure equal protection under the law — 4.G. Personal Autonomy and Individual Rights
1. Is there personal autonomy? Does the state control travel, choice of residence, or choice of employment? Is there freedom from indoctrination and excessive dependency on the state?
Self-determination is encouraged. Iraqi citizens can come and go as they please — 4.
2. Do citizens have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, or organized crime?
Some constraints placed on the operation and ownership of major industries to protect national assets, particularly oil production, are still in place. Crime is high and organized criminals are understood to be working interchangeably with foreign terrorists. Private enterprise and entrepreneurship is widespread, however, and Iraq's current economic laws are among the world's most liberal — 3.
3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?
Iraqi culture is sufficiently modern, pluralist and secular; citizens enjoy reasonable autonomy in accordance with some national and regional mores — 3.4. Is there equality of opportunity and the absence of economic exploitation?
Despite destruction and intimidation by terrorists, Iraq's economy has grown enormously since the fall of Saddam Hussein. Foreign entities and nations have been very active in the rehabilitation and actualization of regions and peoples persecuted under Saddam Hussein. Works projects, outreach and donations all contribute to compensating those who have not yet benefited from the country's windfall — 3.
KEYPOLITICAL RIGHTS (PR)
RAW SCORE: 27
PR RATING: 3CIVIL LIBERTIES (CL)
RAW SCORE: 49
CL RATING: 2COUNTRY STATUS: FREE (2.5)
Freedom House's report will be noted here as soon as it is released, and the two aggregate scores can be compared. I expect Freedom House to be less generous in its scoring than I, magnifying continuing gangsterdom and terrorism to a degree I might describe as untoward; but in respecting the institution's use of skepticism for the interests of veracity will defer to Freedom House's specialized, thorough and expert judgment. Iraq would then likely be classified as "Partly Free," launching it into the ranks of liberalizing nations as those in Eastern Europe and Asia. While that might not be as stunning a leap from an abject ranking of "Not Free" to "Free" in just two years, it will yet be a testament to idealism, vision and determination of the free world — one that now includes the nation of Iraq.