Down to basics

Abdel-Wahab Abdel-Rasheed* outlines what should be in the new Iraqi constitution

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The failure of the constitutional endeavour in Iraq must come as no surprise to people familiar with that country's history. Since the inception of the Iraqi state, Iraqis have found it difficult to reach a common understanding on how to create a modern society. Temporary constitutions have been written and then abandoned over the years. The first decade of the republic (1958-1968) saw five regimes coming to power, each with a temporary constitution reflecting the mood of the man or clique in charge.

Finally, Iraqis need to write a constitution that satisfies the wide spectrum of interests, but is not influenced by the presence of occupation forces. Here are my thoughts on what the draft constitution needs to contain.

First, separation of powers, complete with accountability and oversight. Decentralisation would keep the country together, not divide it as some fear. The nation needs to assert control over its natural wealth through a public sector that has a dual role, economic as well as social. In view of the pollution caused by the use of depleted uranium in the war, more attention must be given to the environment. Abolition of the death sentence and the improvement of prison conditions: inmates must be offered a chance for social rehabilitation. The legal system is in need of reform. Freedom restricting laws and extraordinary courts must be abolished. Guarantees for political, intellectual, and ethnic pluralism are needed to preserve the country's social mosaic. Racist discrimination and chauvinism must be criminalised.

All citizens must be equal before the law regardless of their class or political background. A citizen's experience, knowledge and service matters more than his or her ethnic and sectarian affiliations. Peaceful and legitimate rotation of power should be enshrined in the constitution. Dissenting views and the rights of both majority and minority must be respected. Fair competition needs a climate of mutual respect between them. Free elections are the essence of the democratic process. The ballot box is a tool of change, not manipulation. A financially and administratively independent committee must oversee all elections. This committee should be formed of representatives of the three branches of government and of civil society. Candidates convicted of forgery should be denied the right of contesting elections for two consecutive terms.

Freedom of expression, of creed, of party and professional organisation, and of participation in political life must be respected. Political and economic human rights must be embedded in the constitution. Tolerance, fraternity and social justice are all necessary to the future of this country. The law must criminalise violence and vendettas and discourage ostracism and monopoly of power. The army must defend the country and also participate in reconstruction. Iraq is a part of the Arab world. It has two major ethnic groups, the Arabs and the Kurds, as well as minor ethnic groups. The constitution must uphold the cultural and administrative rights of all ethnicities.

* The writer is an Iraqi political analyst