Iraqi draft constitution: respect for Islam and desire for democracy (Overview)
Iraq's draft constitution is the outcome of a deal struck between Shiites and Kurds and is seen by many as a sign of hope, but also as a difficult attempt to reconcile Islamic and democratic principles.
The document failed however to gain support among Sunnis who oppose federalism and the proposed oil revenue sharing principles and who are afraid of losing the political clout they once had under Saddam Hussein. There are also concerns among those who see insufficient guarantees for human rights, religious freedom, and gender equality.
Here are the main points of the document:
General principles and relations with the Arab world:
"The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic". (Art. 1).
"Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation". (Art. 3).
Sunnis object to this clause on the grounds that the whole country is an Arab nation. Kurds however are not ethnic Arabs.
"Iraqis are equal before the law without discrimination because of gender, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status". (Art. 14).
"The law is sovereign; the people are the source of authorities and their legitimacy, which they exercise through direct, secret ballot and its constitutional institutions." (Art. 5).
Religion: Art. 2 of the draft constitution recognises Islam as the "official religion of the state and is a basic source of legislation", it "guarantees the Islamic identity of the majority of the Iraqi people", and requires that "[n]o law can be passed that contradicts the rights and basic freedoms outlined in this constitution".
At the same time, it says that "[n]o law can be passed that contradicts the principles of democracy" and people's "rights and basic freedoms".
It also protects the "full religious rights for all individuals, and the freedom of creed and religious practices."
Art. 10 commits the state to protect "holy shrines and religious sites in Iraq", but the Shiite demand to grant top clergy special status was not retained.
Articles 40 and 41 guarantee the right to celebrate religious ritesunder Saddam, some Shiite rites were banned.
Minorities: Art. 4 defines the rights of ethnic minorities, especially Kurds. Arabic and Kurdish are Iraq's two official languages; all official documents, banknotes, passports and stamps must be in both languages. Turkomans, Assyrians, and Armenians are guaranteed the right to educate their children in their mother tongue in government educational institutions.
Terrorism, fundamentalism, Baath party: Art. 7 bans all groups that "advocate, instigate, justify or propagate racism, terrorism, takfir (declaring someone an infidel)", especially the Saddamist Baath Party in Iraq and its symbols.
Under Art. 145 the 'National De-Baathification Committee' will continue its work of removing Baath party members from government.
Sunnis wanted guarantees for low and medium-ranking Baath party officials who could be banned forever from public life. Sunnis did not want the purge mentioned in the constitution.
Militias: Art. 9 bans forming military militias outside the framework of the armed forces.
Civil liberties: Art. 36 guarantees freedom of speech, press and assembly "as long as it does not violate public order and morality".
Women: Art. 39 states that "Iraqis are free in their adherence to their personal status according to their own religion". They can turn to the clergy in matters of family law such as marriage, divorce and inheritance.
Religious conservatives initially wanted family law to come under clerical rule within each confession.
Article 151 reserves "no less than 25 per cent of the seats in the Council of Representatives" for women. The amendment that would have limited this to a period of eight years was rejected.
Parliament: Articles 47 through 63 set up a bicameral parliament with a Council of Representatives and a Council of Union. The lower house will be elected by a direct ballot with each member representing 100,000 people. It has legislative power and direct control over the executive. It approves members of the cabinet and can impeach the President.
Executive: Articles 64 through 84 define the powers of the President, whose function is largely ceremonial. Power is vested in the office of the Prime Minister and his cabinet.
Sunnis wanted a strong presidential system, but the other groups, remembering Saddam Hussein, were opposed.
Supreme Court: Art. 90 states that the Supreme Federal Court will be made up of judges and experts in Sharia (Islamic Law).
Shiites wanted a separate court that would review legislation from an Islamic point of view but the other groups rejected it fearful of an Iranian-style Council of Guardians.
Oil: Art. 110 gives the federal government the responsibility of administering oil and gas fields, but is vague about how "revenues will be distributed fairly in a manner compatible with the demographical distribution all over the country".
Federalism: Articles 113 through 116 define Iraq as a federal state and authorise provinces to form wider regions after gaining a simple majority in local referenda.
This is the stickiest point in the document and the one Sunnis object to the most as a recipe for breaking the country along ethnic and sectarian lines.
Regions and provinces can open offices abroad "in embassies and diplomatic missions to follow up on cultural, social and local development affairs."
.png)
04/11/2004
