The Hindu : Interim Constitution in place in Iraq; Elections likely in Jan.2005

Online edition of India's National Newspaper
Tuesday, Mar 09, 2004

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Interim Constitution in place in Iraq; Elections likely in Jan.2005

By Atul Aneja

MANAMA, MARCH 8. After two postponements, the United States-appointed Governing Council in Iraq today signed an interim Constitution that will steer a transitional government to be appointed in June, paving the way for general elections by the end of January next year. The 25 Council members signed the document that will guide Iraq's post-war transition on a green-top antique desk once owned by King Faisal I, the country's first monarch. Iraq's U.S. administrator, Paul Bremer, along with prominent Iraqi and American officials, was present in the audience.

Coinciding with the function, explosions were reported in central Baghdad and eyewitnesses saw smoke rising from near the Al-Mansour Hotel, about a kilometre away from the convention centre where the ceremony was taking place.

The Interim Constitution will remain in place until a permanent constitution, drafted by an elected assembly, is approved by a national referendum planned for late 2005.

The signing of the interim charter was scheduled for Friday last, but was stalled when five Shia members of the Council objected to certain provisions in the draft. However, they agreed to sign the charter unchanged after holding consultations with the top Shia spiritual leader in Iraq, the Grand Ayatollah, Ali Sistani, over the weekend. But Abdel Adel Mahdi, an Iraqi Shia leader, was quoted as saying that the community still had reservations and that the interim Constitution could be amended "later on."

Significantly, the Council president, Mohammed Bahr al-Uloom, was, on Sunday, in Iran, which is known to exercise considerable influence among Iraqi Shias. Ayatollah Sistani had objected to a clause in the draft that gave the minority Kurds and Sunnis the power to reject a permanent constitution under the provisions of a referendum. The Constitution can be annulled if a two-thirds majority in any three provinces in Iraq decides to do so. The Kurds, who control three provinces, have insisted on including this clause so that they can block the final charter, in case it failed to recognise provisions that allows them self-rule in most of northern Iraq.

Stressing that the Shias had dropped their objections for now, Mr. Bahr al-Uloom said before the signing ceremony that "we must put the interests of our nation above all of our interests. The world is waiting and expecting us to work in the service of our nation."

The charter, which includes a 13-article bill of rights, enshrines Islam as one of the sources of law and outlines a federal structure for the country. It provides for the post of President, two deputies, a Prime Minister and a Cabinet. Women, it says, should make up 25 per cent of the assembly.

Analysts say the focus will, from now onwards, be on the composition of the unelected transitional government expected to be in place in over three months. The United Nations is expected to be involved in this process as serious objections have been raised on the U.S. proposals of choosing members through regional caucuses.

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