Annie
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- Nov 22, 2003
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http://austinbay.net/blog/?p=506
8/19/2005
The Iraqi Writes On The Iraqi Constitution
site admin @ 6:15 pm
My friend, who writes under the name The Iraqi, has sent me an analysis of the Iraqi constitution and the Iraqi constitutional process.
As he said in an email to me a month ago, his opinions are his opinions but hey, thats democracy. He makes his points, and often makes them bluntly. Example: Federal Iraq? Fine with me, but no loopholes, no secession, one army, no lebanization, and Islam should be a source not the source.
Lebanization = Lebanonization. I take that to mean fragmentation into confessor cantons or warlord statelets.
Yezidis may dispute his population figures, but then the first Yezidi I actually met is a close friend of his. Youll also see that he is an Arab with a Kurdish grandparent. Keep that in mind when he comments on Kurdish politics.
Once again, The Iraqi:
The Iraqi Constitution
My Yezidi (followers of one of Iraqs most ancient religions) friends love the way I feel about the role of religion in the Constitution, namely zilch! The statement Islam is the official religion of the state to me is an oxymoron; the prowess of a constitution is measured by how much it can make the tiniest minority feel equal with the largest.
This coming from an Arab Muslim excited them, at 50 000 in Northern Iraq they are 0.2% of the population.
Im sure Im not the only one in Iraq who thinks this way, having the bragging rights of 1st civilization and 1st law on Earth behooves us to create one worthy of this heritage.
So why am I not feeling comfortable about the status of constitution shaping debates?
For one thing, I do not like this rush to a constitution; this is being urged on an American agenda, not an Iraqi one.
Yes an elected government but it still works in a zone that is protected by non-Iraqi forces, that does not deligitimize it but it is an irony
If you read carefully the draft published by Al Sabah newspaper of July 6 you will get the feeling that it was written by liberal secular authors but later amended by shia islamists intent on indulging religion in the way a state runs its affairs, examples of conflict:
1- In one part men and women are equal, in another they are treated according to Islam
2-It gives special status to Marjiia, a term that normally apply to Shia clergymen who normally live in the holy cities of Karbala and Najaf while at the very beginning it is clear about The people are the source of all authorities
It took us 5 years to create our first royal constitution (a mix of British and Swiss ones) under the auspices of the British Empire in 1920s, I once read it took 5 years to create the American one and that Gen. McArthur helped the Japanese to write theirs after WWII occupation by 7 years.
Kurds want to include the right to secede and to have their own army/militia and representatives at Iraqi embassies abroad, in Ottawa the word Embassy of Iraq is 1st written in Kurdish big font then below Arabic small font! and at 17% of the population I think that is too much and a recipe for forthcoming disasters, yes Im 25% Kurdish but I do not like those aspirations neither I like the current Kurdish tribal leadership of Barzani who cooperated with Saddam to get Talabani followers (not tribal and coming from the ranks of educated kurds) out of some areas in Northern Iraq in 1996.
I think the Kurds deserve better than tickling nationalist feelings to feed the greed for power.
Shia of the SCIRI (Supreme Council of Islamic Republic of Iraq) led by Al Hakim who opposed the American intervention in Iraq are using their status as co-majority in the January 2005 elections to push for a federal Iraq that include a southern area ruled by them and give them special powers above the law and similar to the ones enjoyed by their counterparts in Iran, not all Iraqi shia support this and on August 11 2005 Dr. Attallah Muhajirani the reformist minister of education in Iran wrote an article in Asharqalawsat warned against falling for an expedited constitution My Iraqi friends, be attentive to the creation and foundation of your constitution, the Iraqis have suffered too much already, it is not fair to subject them to religious tyranny which is the harshest and most ferocious kind of all.
Sunnis are faced with this along with trying to build a coalition among themselves under the current adverse conditions. The big silent majority are trying to live day by day and hope for a better future; they lived for 50 years under temporary constitutions (AKA None) changed by will of tyrants. Federal Iraq? Fine with me, but no loopholes, no secession, one army, no lebanization, and Islam should be a source not the source
Women and men should be treated equal unequivocally, no turnaround or ambiguous articles elsewhere.
I add my humble voice to the number of respectable Iraqi intellectuals www.elaph.com who proposed a 5-year waiting period before writing a constitution, mean while we can still use the interim one.