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Updated:Tue. Mar. 21, 2006

 

Reshaping Iraq

Iraq’s Interim Constitution
Delaying the Inevitable

By Erich Marquardt
Political Analyst - United States

15/03/2004 

A Shi’te demonstration

Progress was made in Iraq on October 8 when the Iraqi Governing Council (IGC) signed an interim constitution. The constitution is to remain in effect until late 2005, when a permanent one will be voted upon. The road to this day was fraught with obstacles, as Iraq’s three main ethnic groups struggled to agree on a common political framework; the initial date to sign the agreement, October 5, passed without agreement as most of the leading Shi’ite members of the IGC walked out in protest, heeding the warning of Grand Ayatollah Ali Al-Sistani who had grave reservations about certain clauses in the new constitution.

Despite Monday’s success, the signing of the interim constitution has only delayed the inevitable power clash that will eventually occur unless Iraq’s Shi’ite population secures a majority influence over political decisions in the turbulent country.


Click here to read the full text of Iraq’s interim constitution.


Immediately after the signing of the interim constitution, Al-Sistani released a decree warning that, “This law places obstacles in the path of reaching a permanent constitution for the country that maintains its unity, the rights of sons of all sects and ethnic backgrounds.” Ibrahim Jafari, a Shi’ite member of the IGC, asserted that the signing of the interim constitution did not mean that the provisions entailed were final, stating that the thirteen Shi’ite members of the IGC would work to alter certain clauses within the document before the June 30 handover of power from the United States to the IGC. Jafar said, “We say here, our decision to sign the document is pegged to reservations.”

A principal clause in the interim constitution that is not considered acceptable by the Shi’ite population is Article 61, Clause C. It states, “The general referendum will be successful and the draft constitution ratified if a majority of the voters in Iraq approve and if two-thirds of the voters in three or more governorates do not rejected it.” This provision theoretically gives Kurds and Sunni Arabs a veto over the drafting of a permanent constitution when it is voted on in late 2005. The contested clause states that the constitution will be rejected if two-thirds of the population of three provinces votes against it, even if it wins the majority vote nationwide. This clause was a direct attempt by the United States to prevent Shiites (the ethnic group that constitutes some 60 percent of the Iraqi population) from dominating Iraq under the new constitution.

Washington fears that Shi’ites’ control of Iraq would work counter to US interests in the country and, possibly, in the region as a whole. For one, Shi’ite majority rule would not be accepted by Iraqi minority groups, especially the Kurds and Sunni Arabs. The Kurds already have governed over a fairly autonomous region in the north of the country and have experimented with years of self-rule due to US and British-enforced “no fly zones” initiated shortly after the cessation of the Gulf War.

In that time period, the United States protected the Kurds militarily from Saddam Hussein’s rule and politically from Turkey’s historical attempts to quell Kurdish aspirations for autonomy. Because of this political experience, ceding authority to a government in Baghdad controlled by Shi’ite leaders would work directly opposite to Kurdish interests and would push them more in the direction toward yearning for independent statehood.

Sunni Arabs were the traditional power brokers in Iraq under Saddam’s Ba’athist establishment and are, therefore, very politically organized. They will react harshly to Shi’ite majority rule; the United States has already blamed Sunni Arab groups for perpetuating much of the guerrilla conflict plaguing US-led coalition troops today, especially in the region that the Bush administration dubs the “Sunni Triangle.”

These political realities mean that an Iraq governed by Shi’ite majority would likely breed instability in the country and possibly in the region. For example, there is the persistent fear in Washington and other capitals that, if Baghdad were run by Shi’ite leaders, the country would greatly increase its ties with neighboring Iran, another country that is a haven for Shi’ite Muslims. If this were to occur, the two countries could create an extremely powerful alliance in the region and usurp the power of any other regional state. This alteration in the balance of power would weaken the power leverage that the United States and certain other Western powers have in the Middle East and Central Asia.

These reasons explain why Washington is carefully working on forging some sort of a compromise in Iraq in which the country’s Shi’ite population would accept a government structure that does not place them in sole control. But since Iraq’s Shi’ite population is so close to gaining a level of power it has never experienced before, it will be difficult to sway them away peacefully from this objective.

Erich Marquardt is an analyst with the Power and Interest News Report (PINR), located on the web at http://www.pinr.com


The articles posted on this page reflect solely the opinions of the authors.

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