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Constitutional craze
Published in Al-Ahram Weekly on 11 - 08 - 2005

There is not much time left for Iraqi leaders to close ranks and draft a constitution if the 15 August deadline is to be met, writes Salah Hemeid
Leaders from across Iraq's ethnic and sectarian divides met this week in a last ditch attempt to break the deadlock that has mired the drafting of the country's first post-Saddam constitution. Before the first round of talks began on Sunday President Jalal Talabani expressed optimism that leaders from the Shia, Sunni and Kurdish communities would overcome the differences that in recent weeks have seen them at loggerheads over several key issues in time for parliament to endorse the charter by the 15 August deadline.
Talabani, who hosted the leaders at his Baghdad residence on Sunday, said it was important the process be completed on schedule. Earlier, he met the US ambassador, Zalmay Khalilzad, who has broken Washington's public silence on the debate to issue a warning to Shia Islamists that the United States will resist any bid to impose an Iranian-style Islamic state.
Munthir Al-Fadhal, a member of the committee drafting the constitution, said there are at least 18 key issues that remain to be solved. The deadlock, he said, revolves around the name of the new Iraqi state, the relation between religion and the state, federalism, the official languages of the new Iraq, the status of women and regional budgetary allocations.
Akram Al-Hakim, a senior official of the main Shia group, the Supreme Council for Islamic Revolution in Iraq, acknowledged the differences but remained hopeful the factions would be able to conclude an agreement.
"Every party knows that now is the time for compromise. No one can expect everything he wants," he told Al-Ahram Weekly from Baghdad.
Although Shia leaders say they do not want to emulate neighbouring Iran in imposing clerical rule they insist the new constitution make clear that the Sharia is the main basis for legislation. They also want the constitution to allow senior clerics to oversee draft laws to ensure they are compatible with the Sharia.
Iraqi Kurds, meanwhile, have rejected suggestions that the constitution proclaim the country an Islamic state and have refused to compromise on demands that oil- rich Kirkuk be incorporated into the autonomous northern region. Massoud Barzani, the president of autonomous Kurdistan, told Kurdish law-makers he would insist on federalism and the retention of the Kurdish peshmerga militia when he meets with other Iraqi leaders in Baghdad.
"We will not accept that Iraq's identity is Islamic," Barzani told the autonomous Kurdistan parliament in Arbil on Saturday. He also rejected suggestions that Iraq be termed an Arab nation.
"Let Iraq's Arabs be part of the Arab nation -- we are not," the Kurdish leader said. "This is a golden chance for Kurds and Kurdistan -- if we don't do what is important for Kurdistan there will be no second chance. We will not make a final decision in Baghdad because it is the Kurdish parliament that will decide."
While Iraq's 2.5 million Kurds want a constitution that guarantees federalism and preserves their region's autonomy Sunni Arabs, who comprise 25 per cent of the population, vehemently oppose Kurdish federalism as well as many Shia proposals. They insist on preserving Iraq's unity, integrity and what they call its Arab identity. Their support is crucial since the constitution cannot be ratified if two-thirds of the electorate in at least three provinces reject it in the 15 October referendum.
Washington, until now silent, stepped into the debate when on Saturday Khalilzad issued a statement saying there could be "no compromise" on the principle of equal rights for women and religious and ethnic minorities.
"The United States believes strongly that the Iraqi constitution should provide equal rights before the law for all Iraqis regardless of gender, race, ethnicity, religion or sect," Khalilzad said. His remarks were tantamount to a warning to Shia Islamists that Washington will not tolerate clerical rule.
Keeping to the constitutional timetable is central to plans to start bringing American troops home next year. On Sunday General John Abizaid outlined plans to reduce American forces in Iraq by some 20,000 to 30,000 by next spring if the security and political situation allows. With US casualties now above 1,800 the need for a constitution that knits together Iraq's three disparate groups is an urgent priority in Washington. But while it is true that the US administration can point out that without its support those now in power in Baghdad would be elsewhere it is in no position to press too hard to bend the committee to its will since to do so would undermine the delicate political process.
On Monday nature conspired to complicate the debate over the constitution when an unseasonal sandstorm hit Baghdad, delaying the second meeting of Iraqi leaders.
Those same leaders, who have braved assassination attempts, boycotts and threats, now face their greatest challenge -- to write a constitution that lays the foundations for all Iraqis to live in harmony in a single state. Now, more than ever, Iraqis need a spirit of realism, flexibility and compromise.


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