Constitutional concerns

Current bickering over the constitution augurs ill for Iraq, writes Salah Hemeid

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A US military Humvee vehicle burns close to the scene of a car bomb in central Baghdad

With less than two weeks to go before a panel entrusted with writing Iraq's new constitution is slated to submit its final draft to the National Assembly, the committee's 71 members remain sharply divided over most of the thorny issues that must be settled if Iraqis are to remain united as a nation.

After weeks of frequently heated discussion, most of the fundamental questions regarding the future structure, powers and identity of the Iraqi state have yet to be resolved. It must be done quickly if the deadline is to be met. Yet the constitutional founding fathers have not even agreed on the name of their country -- a sign of just how far apart the ethnic, religious and sectarian groups remain on key divisive issues.

Should Iraq be called The Federal Republic of Iraq, The Federal Islamic Republic of Iraq, or simply The Republic of Iraq, as it has long been called? The stickiest issues are the ones that go to the core of the future identity of Iraq, such as the rights of women, dual nationality, the role of Islam and the scope and reach of Kurdish self-rule.

The deadline for the approval of the constitution by the National Assembly is set for 15 August, but law-makers could decide by 1 August if they wanted to request a six-month extension to allow more time to reach a deal, according to the terms of the temporary constitution currently in force. If no extension was sought, the new constitution would, in theory, be submitted to a referendum on 15 October, and if approved followed by fresh elections in December, completing Iraq's transition to full democracy. If the constitution were to be rejected, fresh elections would be held for a new assembly to write another constitution.

On Sunday, key members of the drafting committee said they need more time to finish the draft, citing disagreement over key issues. Humam Hammoudi, the prominent Shia chairman of the committee recommended a 30-day extension. Leading Kurdish representative Mahmoud Othman suggested a six-month extension, citing lack of flexibility and spirit of compromise. "If you're talking about a consensus, something on which we all agree, I certainly don't think it can be done on time," said Othman. Earlier, several members said 90 per cent of the document was completed.

The apparent delay quickly prompted the US to increase pressure on all sides to stick to the timetable, which is considered central to American plans for bringing American troops home next year. First, US Secretary of Defense Donald Rumsfeld flew to Baghdad on Wednesday to insist to the Iraqi leadership that they finish the draft on time. Next, the new US Ambassador Zalmay Khalilzad met provisional President Jalal Talabani who later insisted the 15 August deadline for parliamentary approval must be met. Khalilzad issued an appeal to all parties to demonstrate "enlightened leadership" in order to secure a final constitution on time. Washington is banking that a constitution accepted by all Iraqis will erode support for the insurgency, lessen the violence and make it easier for coalition troops to leave.

As revealed by a version of the draft constitution published by the government-owned Al-Sabah newspaper, there seems already to be broad agreement on many segments of the document, with a draft of a chapter dealing with basic rights already approved. Yet the draft revealed that major differences remain among ethnic and religious groups represented on the committee. Other issues proved to be controversial. For example, in a blow to the hopes of many women, the proposed constitution would put family law firmly under the jurisdiction of religious courts, leaving most women subject to Islamic law on questions of divorce, marriage, inheritance and child custody.

Most contentious of all is the question of what powers the central government will exert over the provinces. The Kurds, who already enjoy virtual autonomy in the three northern provinces that comprise Kurdistan, are pushing for sweeping powers for their region. They have submitted a map expanding the existing borders of Kurdistan, and they want control over the oil revenues of the north. They also want the Kurdish legislature to have veto rights over the application of Iraqi law in their region, and last week they added to their demands a clause allowing Kurds to vote on full independence in a referendum in about eight years.

Some Shias are pushing for a strongly decentralised national system that would allow them a high degree of self-rule in the southern regions, where most of Iraq's oil reserves lie. Shia deputies are pushing for Islamic law to be enshrined in the constitution and a federal system that would allow Shias to impose their form of Islamic law in the Shia-dominated south. They are even proposing to incorporate leading Shia clerics into the constitution, a step that could give powerful patriarchs like Ayatollah Ali Al-Sistani powers to influence politics in the multi-religious country.

The Kurds, knowing that no constitution will be passed without their consent threatened to walk away from a constitution that is illiberal and too centralised. With almost 25 per cent of Iraq's population they insist that Iraq have a federal structure that will allow them to retain their semi- independent political system.

The Sunnis, who had been invited to send delegates after their boycott of January's elections left them with little representation in the constitution-writing body, withdrew from the talks last week in protest against the assassination of two of their delegates by unknown gunmen. When they rejoined the committee few days later they made their points clear: no to federalism, no to Shia domination, no to reserving certain occupations for specific ethnic or religious groups, no to dual citizenship, and they insist that Iraq should preserve its Arab identity.

While the Bush administration has promised a hands-off policy towards constitutional deliberations, it has been lobbying hard against divisive provisions which clearly also delay the whole process. Under intense US pressure, Hammoudi, head of the drafting committee, agreed Monday to stick to the 15 August deadline to complete the draft. Yet realising the problems ahead he suggested that political leaders should meet to exert their influence to overcome remaining differences. Failure to reach a consensus could have far reaching consequences on Iraq's political process.