Background and campaign
Article 61 of Iraq's Interim Constitution, in effect since 28 June 2004, laid down the rules for the approval of the proposed permanent constitution. The proposed constitution would have been approved in the referendum if both a majority of voters nationwide voted "yes" and there were no more than 2 of the country's 18 governorates where two-thirds of the voters voted "no." On 2 October 2005, the National Assembly weakened the second requirement such that it would only fail to be fulfilled if two-thirds of registered voters — rather than actual voters — in three governorates voted "no." Opponents of the Draft Constitution reacted angrily to this reinterpretation of Article 61 of the Interim Constitution. Critics had also pointed out that such an interpretation reads the term "voter" differently in both requirements; the first requirement is still simply fulfilled if a majority of actual voters nationwide votes yes. After much international criticism, the decision was reversed on 5 October.
The Law of Administration for the State of Iraq for the Transitional Period, also called the Transitional Administrative Law or TAL, was Iraq's provisional constitution following the 2003 Iraq War. It was signed on March 8, 2004 by the Iraqi Governing Council. It came into effect on June 28, 2004 following the official transfer of power from the Coalition Provisional Authority to a sovereign Iraqi government. The law remained in effect until the formation of the government in May 2006, when it was superseded by the permanent constitution that had been approved by referendum on October 15, 2005.
Iraq presently consists of 19 governorates, also known as "provinces". As per the Iraqi constitution, three or more governorates can join to form an autonomous region. Baghdad and Basra are the oldest standing administrative regions of Iraq while In 2014 the decision was made to create the Halabja Governorate out of the Halabja District of Sulaymaniyah Governorate.
The National Assembly of Iraq was the parliament of Iraq during the Occupation of Iraq. It was created under the Law of Administration for the State of Iraq for the Transitional Period, and its representatives were chosen in the Iraqi parliamentary election, January 2005.
The possibility of veto by supermajorities of three or more governorates was originally written into the interim constitution to ensure that the permanent constitution would be acceptable to Iraq's Kurdish minority. However, support for the constitution was weakest among Iraq's Sunni Arab community, and some observers thought that the Sunni vote would result in the constitution's rejection. While the exact ethnic distribution of the Iraqi population by governorate is unknown, because the country has not had an official census for 15 years, governorates that include substantial Sunni populations include Baghdad, Al Anbar, Salah ad Din, Ninawa and Diyala. In the event, Al Anbar, Salah ad Din, and Ninawa all saw majorities vote against ratification, though the vote in Ninawa did not result in the two-thirds "no" supermajority required to scuttle the constitution.
Sunni Islam is the largest denomination of Islam, followed by more than 80% of the world's Muslims. Its name comes from the word sunnah, referring to the behaviour of the Islamic prophet Muhammad. The differences between Sunni and Shia Muslims arose from a disagreement over the succession to Muhammad and subsequently acquired broader political significance, as well as theological and juridical dimensions.
Baghdad is the capital of Iraq. The population of Baghdad, as of 2016, is approximately 8,765,000, making it the largest city in Iraq, the second largest city in the Arab world, and the second largest city in Western Asia.
Diyala Governorate or Diyala Province is a governorate in eastern Iraq.
The Ballot
Voting took place as planned on 15 October, amidst heavy security. Initially, Iraqi election officials had hoped that results of the balloting would be made public by October 19. On 17 October, however, election officials announced that questions concerning the turnout in some provinces required that the vote be audited, which delayed release of the final figures. A sandstorm in central Iraq has also contributed to the delay. Although Sunni politician Saleh al-Mutlaq has alleged fraud, election monitors from the United Nations said that the vote "went well."
The United Nations (UN) is an intergovernmental organization that was tasked to maintain international peace and security, develop friendly relations among nations, achieve international co-operation and be a centre for harmonizing the actions of nations. The headquarters of the UN is in Manhattan, New York City, and is subject to extraterritoriality. Further main offices are situated in Geneva, Nairobi, and Vienna. The organization is financed by assessed and voluntary contributions from its member states. Its objectives include maintaining international peace and security, protecting human rights, delivering humanitarian aid, promoting sustainable development and upholding international law. The UN is the largest, most familiar, most internationally represented and most powerful intergovernmental organization in the world. In 24 October 1945, at the end of World War II, the organization was established with the aim of preventing future wars. At its founding, the UN had 51 member states; there are now 193. The UN is the successor of the ineffective League of Nations.
On 25 October, Electoral Commission officials released the final results, which indicated that the constitution had been approved. Overall, 79% of voters backed the charter and 21% opposed it. Of 18 governorates, only two recorded "No" votes greater than two thirds – one province short of a veto. Turnout in the referendum was 63%, commission officials had said previously.
With the approval of the constitution, elections for a permanent government must be held no later than 15 December 2005, with the new government assuming office no later than 31 December 2005. If the constitution had been rejected, the National Assembly would have been dissolved, and a new transitional government would have been elected to attempt to write another permanent constitution.
During this election, security detainees held by coalition forces and the Ministry of Interior were given the opportunity to vote. This is the first time in the modern history of the Middle East that detainees of this nature were allowed to vote in any election.
Results table
| Governorate | Demographics | Votes | % For | % Against |
|---|
| 1 Baghdad | Capital and surrounding area | 2,120,615 | 77.7 | 22.3 |
| 2 Salah ad Din | Sunni Arab majority
Claimed partly by, but not yet part of, Kurdistan Autonomous Region | 510,152 | 18.25 | 81.75 |
| 3 Diyala | Sunni Arab majority
Claimed partly by, but not yet part of, Kurdistan Autonomous Region | 476,980 | 51.27 | 48.73 |
| 4 Wasit | Shi'a Arab majority | 280,128 | 95.7 | 4.3 |
| 5 Maysan | Shi'a Arab majority | 254,067 | 97.79 | 2.21 |
| 6 Al Basrah | Shi'a Arab majority | 691,024 | 96.02 | 3.98 |
| 7 Dhi Qar | Shi'a Arab majority | 462,710 | 97.15 | 2.85 |
| 8 Al Muthanna | Shi'a Arab majority | 185,710 | 98.65 | 1.35 |
| 9 Al Qadisyah | Shi'a Arab majority | 297,176 | 96.74 | 3.32 |
| 10 Babil | Shi'a Arab majority | 543,779 | 94.56 | 5.44 |
| 11 Al Karbala | Shi'a Arab majority | 264,674 | 96.58 | 3.42 |
| 12 An Najaf | Shi'a Arab majority | 299,420 | 95.82 | 4.18 |
| 13 Al Anbar | Sunni Arab majority | 259,919 | 3.04 | 96.9 |
| 14 Ninawa | Mostly Sunni Arabs
Claimed partly by, but not yet part of, Kurdistan Autonomous Region | 718,758 | 44.92 | 55.08 |
| 15 Dahuk | Part of Kurdistan Autonomous Region | 389,198 | 99.13 | 0.87 |
| 16 Arbil | Part of Kurdistan Autonomous Region | 830,570 | 99.36 | 0.64 |
| 17 At Ta'min (now Kirkuk) | Claimed by, but not yet part of, Kurdistan Autonomous Region | 542,688 | 62.91 | 37.09 |
| 18 As Sulaymaniyah | Part of Kurdistan Autonomous Region | 723,723 | 98.96 | 1.04 |
| Total | 9,852,291 | 78.59 | 21.41 |
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