| When most people think of Iraq’s
Abu Ghraib prison, terrible pictures of torture and suffering come
to mind. But on my recent visit there, I saw something altogether
different—scenes of hope and happiness as thousands of detainees
seized the opportunity to vote and have a voice in their country’s
future.
I was in Abu Ghraib as a part of the international assistance team
working with the Independent Electoral Commission of Iraq (IECI)
to oversee the special voting program for prison inmates. The IECI
decided to conduct these elections only after extensive debates
about detainees’ right to vote, international practice in
special needs voting and the unique operational requirements of
working in Iraq’s detention facilities.
Countries vary widely in the degree of enfranchisement they allow
prisoners (both pretrial detainees and convicted offenders), and
no international laws explicitly govern prisoners’ voting
rights. After a review of international practice, IFES Manatt Fellow
Brandon Rottinghaus concluded that a key component of the ideal
of universal suffrage—upheld by most international agreements—is
“the effective practice of allowing those eligible to vote
to retain access to the polls even under temporarily dislocating
circumstances” (Rottinghaus 2003). Were this principle not
upheld, unethical political leaders could conceivably impact elections
by jailing members of the opposition on trumped up charges that
could not be dismissed before the opposition members had missed
their opportunity to vote.
Given the extensive use in Iraq of detention for people awaiting
trial (and not yet convicted of a crime), the IECI decided it was
important to ensure detainees’ access to the vote. Inmates
would mark their choices in a special early voting exercise, along
with hospital patients and members of the security forces. The commissioners
felt that ensuring access for all three groups would make an election
more inclusive and credible, especially since both security forces
and prisoners are numerically and symbolically important in Iraq.
In addition, the international commissioner, a non-voting member
working with the IECI at the time of the decision, had personal
experience of prolonged detention—in her case, as a political
prisoner. She considered it especially important to give un-convicted
detainees a stake in Iraq’s political development.
None of this was attempted for the country’s historic vote
on January 30, 2005 given the daunting operational challenges the
IECI faced for that first election. However, despite the demands
of running more than 6,000 regular polling centers, the IECI felt
capable of implementing the special early voting for the October
referendum on the constitution and the December general election.
For the December 15 parliamentary elections, special early polling
took place on December 12. Foreign and juvenile detainees were not
permitted to vote, leaving some 12,700 detainees throughout Iraq
eligible to participate. Overall, close to 300,000 detainees, security
forces and patients took advantage of the special voting facilities
provided by the IECI in December.
Because of its violent history, Abu Ghraib was not a place with
which concepts like “democracy,” “transparency”
or “elections” were associated, and we had to overcome
a number of challenges to provide detainees there the safe opportunity
to participate in a secret ballot. The IECI feared that some detainees
might threaten others to prevent them from voting or might carry
out reprisals against anyone who cast a ballot. Therefore, we had
to be sure voters were given an opportunity to decide without coercion
whether or not to vote. This meant that—while the Multi-National
Force, Iraq, was generous in their support of security during the
voting process—it was essential that the IECI maintain full
control of the operation in order to ensure the independence and
credibility of the electoral process as a whole.
Given this security situation, the normal methods of identifying
eligible voters and people who had already voted could not be used.
Voter lists were prepared by Abu Ghraib authorities (who excluded
convicted prisoners, foreigners and juveniles), and the eligible
voters listed were then verified by the IECI. To protect their identities,
detainees were identified by numbers, instead of by their names,
and inmates’ fingers were not inked after they had voted,
which could expose them to retaliation. Instead, the voter lists
were used to ensure double voting did not occur.
Security concerns also extended to poll workers and observers.
IECI members feared that poll workers might be recognized by the
detainees, exposing them and their families to danger. This problem
was efficiently resolved by Abu Ghraib authorities, who provided
masks and sunglasses for all poll workers who wished to use them.
In addition, observers were needed to make sure the electoral process
was transparent, and significant logistical preparation was required
to ensure that their presence neither compromised their own security
nor the security of the prison.
Moving detainees from their cells to the voting booths in a way
that kept them safe from each other and on a schedule that allowed
them to complete the vote in the time available was yet another
logistical challenge. Detainees were transported in groups whose
size varied depending on their security status (which, in turn,
depended on the severity of the allegations against them and their
behavior in prison) and were kept in staging areas to allow for
smooth flow of voters through the polls.
Beyond security, we faced the challenge of working with a population
that had not been exposed to any public voter education or political
party campaigns. The December ballot consisted of 212 parties contesting
the parliamentary elections and was four pages long, a fairly complex
ballot even for practiced voters. To help detainees feel comfortable
finding their political party and completing the ballot, we provided
voter education materials in advance of the vote and set up extra
screens behind which voters could take the time they needed.
Once all of these obstacles had been overcome, there was still
the fear of riots, like those that took place during the October
referendum. During that vote, inmates rioted (throwing stones at
voters, poll workers and observers), and insurgents lobbed mortars
at Abu Ghraib.
Despiteallthesechallenges, the December 12 voting in Abu Ghraib
was one of the most efficiently organized polls I have witnessed
in a decade of working on elections in post-conflict environments.
Poll workers woke up at 3 a.m. to the sound of the muezzin’s
call to prayer, they made final preparations for polling and the
detainees started trickling in at 7 a.m. By 3 in the afternoon,
3,098 (or 80 percent) of eligible detainees in Abu Ghraib had voted.
During the day, we recorded a few irregularities, which were promptly
addressed. The guard that appeared to be instructing the voters
how to vote was removed from his post. The complicated four-page
ballot—which was not being used properly—was explained
to voters one by one by the ballot issuer. The voter screens—which
were turned the wrong way—were rotated.
The most notable incident of the day was the attempted intimidation
of voters by Saddam Hussein’s cousin, who is detained at Abu
Ghraib. Several inmates from his group—which had declined
to participate in the vote—were asked if they wished to have
the polling station remain open in case they changed their minds.
Answering on their behalf, Saddam Hussein’s cousin said that
nobody from that group wished to vote. No one contradicted him,
but the group also did not disperse. Instead, in the afternoon,
35 detainees from this group told the guards that they had decided
to vote. To avoid further intimidation, they were transported to
a polling station on the opposite end of the prison where they got
the opportunity to vote.
As the media were not allowed to film the detainees, and as they
were not inked, there are no photographs of detainees proudly raising
their fingers as evidence of their participation in this next step
towards a democratic Iraq, but their proud expressions are something
that those of us who were there will carry back with us as a symbol
that these elections have helped to spread democracy through all
layers of Iraqi society.
Tihana Bartulac-Blanc is IFES’ deputy chief of party
in Iraq.
©
2006 IFES
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