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Iraqi Sunni Writer Stresses Iraq's "Arab and Islamic Identity" in Constitution

Posted on: Saturday, 27 August 2005, 18:00 CDT

Text of article by Iraqi writer and analyst Ibrahim al-Khalidi entitled "What do we want from the constitution?" published by Iraqi Association of Muslim Scholars weekly newspaper Al-Basa'ir on 24 August; subheadings inserted editorially:

"Is it reasonable to insist on drafting a permanent constitution"?

Despite the sensibility and realism of the opinion that says that a constitution cannot be drafted under occupation, this should not stop us from saying what we want to say about the constitution and to accept what we want from it, we if get one, which seems realistically unlikely. This shouldn't stop us from asking the others if their demands serve Iraq and the Iraqis without discrimination. Do these demands represent the views of a party looking to achieve its narrow interests at the exclusion of others? And why is it that whenever a unified national proposal that safeguards the country is preserved some people hasten to reject, protest and incite? Why do some people, when it comes to such a fateful matter, wish to jump above reality and burn the stages?

Is it reasonable to insist on drafting a permanent constitution that lasts for decades when the country is pained by the perils of wars and the criminal siege from 1991 to 2003, whose effect exceeds that of the use of weapons of mass destruction and two years of US occupation that sought the destruction of all components of the Iraqi state? Not a single sector in the country has been spared. A quick look at the agricultural, industrial, educational, health and service sectors is sufficient to portray the tragic picture promised by former US Secretary of State James Baker in 1991 by returning Iraq to the pre-industrial age. Add to this the widespread ignorance and polarization, which date back to the pre-state tribal, sectarian and racist eras. Could a fair-minded or reasonable person argue that such situation is appropriate to draft a permanent constitution?

Why can't we set a timetable that leads Iraq and the Iraqi people to the shore of safety based on a programme in which we take one step after each successful step towards the establishment of a democratic and pluralistic Iraq, one in which the rule of law, full equality among its citizens, a peaceful transfer of power and decentralized administration prevail? Once things stabilize and the people feel comfortable after awakening from the horrors of what they experienced, the door to any option chosen by the people must not be shut. These demands could be summarized as follows:

"Constitution must preserve Iraq's Arab and Islamic identity"

- A constitution must preserve Iraq's Arab and Islamic identity, as demonstrated by the facts of geography, history and the population makeup based on an Arab and Muslim majority. This does not mean at all denial of the cultural rights of the remaining components of the Iraqi people and their right regarding their specific affiliations, which should come after their affiliation to Iraq. This principle exists in several parts of the world, where the identity of the country is determined by the majority. Most multi- ethnic world countries with multiple affiliations, including Iraq's Kurdistan, are subject to this concept. In addition to the Kurds, Iraq's Kurdistan includes Turkomans, Chaldeans and Assyrians. This, of course, does not deny the Kurdish identity of this region. If so, why the double standards?

- Arabic is the official language in Iraq. Kurdish is used in Iraq's Kurdistan, which is realistic. Anything other than this would be impractical. As we have noticed in the National Assembly, Arabic is the language of the majority. It is also the language of the vast majority in the region, not to mention that it is one of the UN languages. It is in the interest of the Kurds to learn Arabic to gain an equal opportunity for occupying leading positions in the central government. In addition, all components of the Iraqi people are entitled to education, publishing and media in their own languages.

- The state must preserve its independence, sovereignty, territorial integrity, security and stability and must ward off any aggression.

- The state must respect the international charters and conventions and enforce all the international agreements, charters and conventions to which it is a party.

- The state's foreign policy is based on consolidating international peace and security by encouraging the resolution of international conflicts peacefully, supporting the peoples' right to self-determination, not interfering in other countries' domestic affairs and cooperating with the peace-loving nations.

- The regime in Iraq is a democratic regime marked by freedom, justice, the rule of law, equality and the peaceful transfer of power through the ballot boxes.

- A separation of powers that ensures balance and cooperation among the authorities.

- Islam is a primary source of legislation in Iraq.

- Dialogue must be conducted to determine the nature of the regime so as to suit the Iraqi situation. However, the following should be taken into account:

- A parliamentary system is used for stable societies that have institutions that guarantee the continuity of the state's functions. This system guarantees power for the parties, which could engage in tactics and form alliances to bring down governments at close intervals (such as in Italy in the 70s) or delay the formation of governments, as was the case with the Al-Ja'fari government and the Lebanese government. It could obstruct the implementation of short- and medium-term plans. A successful example of this system is in Britain.

- The presidential system, which is normally used in countries that emerge from major crises and events, such as the United States after the independence and civil war and France after World War II. The elected presidential institution, which enjoys broad powers, guarantees the continuity of the state functions, plans and stable programmes and the stability of the society. Israel's adoption of the parliamentary system, despite the troubled and hostile circumstances surrounding its establishment, was due to the presence of the military establishment, which guaranteed the continuity of the state, its stability and the unity of its action on strategic matters.

Sectarianism "must be avoided and shunned"

- Sectarianism (which weakens the country and fragments its people) must be avoided and shunned in political action, particularly since everybody is talking about unity among the people (particularly the Iraqi Arabs) and the Islamic unity and claiming that they are not interested in fomenting or seeing sectarian strife.

- All freedoms included in most constitutions must be guaranteed and the rule of law, equality of all parties before the law and the prohibition of repressive actions and torture must be emphasized.

- A multi-stage programme must be adopted to strengthen local administration in the governorates to prevent centralization. Whenever a step in this direction proves to be successful it must be followed by another step to ensure the best performance of the state agencies, in accordance with the requirements and capabilities of each stage and achieve decentralized administration.

- The president and the prime minister cannot be elected for more than two electoral terms.

- The military establishment is a national institution in which politics is not permissible. The type of service (reserve or compulsory), in addition to voluntary service, is to be determined.

- The natural wealth and resources are owned by the state, which will safeguard them and put them to good use in accordance with the law.

- The state guarantees the freedom of economic activity on the basis of social justice and balanced cooperation between the private and public sectors to achieve socioeconomic development, increase productivity, achieve prosperity for the people, improve their living conditions and provide them with jobs in accordance with the law in a balanced way in all governorates.

- The state must encourage investment and secure the necessary guarantees and facilities for it.

- A public position is a national service. A public servant must carry out his job and serve the public interest only.

- Public funds are sacred and protecting them is a national duty on everybody according to the law.

- Returning to the people for any constitutional amendment and after four years of drafting the constitution.

"Elections will be held on the basis of constituencies"

- Elections will be held on the basis of constituencies. A governorate is represented by one or two constituencies. The notion of a single constituency for Iraq as a whole must be abandoned because of its numerous cons (this method, which is applied nowhere in the world except in Israel, was decreed by Bremer's order 96 dated 15/6/204). Among the negative aspects of this formula:

- There is no connection between voters and their representatives before and after the election.

- It is not possible to hold runoff elections for any reason when Iraq is a single constituency.

- Multiple constituencies guarantee the participation of representatives from all Iraqi governorates.

- A single constituency encourages a bigger chance for election rigging. Maximum rigging of the election in a single governorate will lead to wining the seats of the governorates whereas rigging under a single constituency for entire Iraq will lead to an unfair win of seats in other governorates. This was evident in the January election. Perhaps this explains the insistence on a single constituency by some parties.

Elections must be held on individual basis, not on the basis of lists, to give voters more freedom of choice. Parties and entities are entitled to name their individual candidates. This will keep us away from deals, which may look democratic on the surface but in actual reality maintain the forces of the Governing Council.

- Judicial supervision should replace the Independent Election Commission formed by Bremer's order 92 dated 31 May 2004, which many Iraqis do not believe is independent or balanced (seven Iraqis and two foreigners). The Iraqi commissioners represent the Shi'i and Kurdish coalitions only. In addition, there should be international monitoring as well as monitoring by the candidates during the registration of voters, election and the sorting out and approval of votes.

- Dual citizenship for Iraqis is permissible. Dual citizenship is impermissible for Iraqis assuming leading state positions (director- general and above and armed forces personnel). Whoever wants to assume these posts must waive his second citizenship acquired for various reasons. He must choose between the post and his second citizenship.

I hope that these demands, or opinions, trigger a dialogue that aims to serve Iraq and its people. Such dialogue will be conducted among those who love Iraq. Salvation will come only at the hands of those who love Iraq.

Source: BBC Monitoring Middle East

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