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Fate of Constitution hangs in the balance

Atul Aneja

Iraqi negotiators racing against time

MANAMA: Racing against time, Iraqi negotiators have been holding heated discussions on a draft constitution that has to be endorsed by all religious and ethnic communities before it is formalised.

A consensus document appears uncertain despite behind the scenes activity in which the Americans are playing a prominent role. Under the interim Constitution, the Kurdish, Shia and Sunni communities have to beat a Monday midnight deadline and reach an agreement. Otherwise, they would have to seek another extension or go in for the dissolution of Parliament.

Analysts point out that some Sunni groups and secular Shia followers of the former interim Prime Minister, Iyad Allawi, may not oppose fresh elections, to improve their prospects. Shia and Kurdish groups prefer a consensus document as they won the majority of seats.

"If the Constitution draft is approved by the Kurds and Shias and it has elements we do not like, we will withdraw from the National Assembly and take a stand on the issue before the Iraqi people," Raja Khozai, an MP from Mr. Allawi's party was quoted as saying.

Sunni representative also supported elections. "If we don't agree today, I think we'll have another extension, of a week or 10 days. But we would prefer to dissolve the Assembly," Hussein Al-Falluji, a Sunni negotiator observed.

The three main divisive issues appear to be federalism, the role of Islam in the State and women's rights.

The Kurdish groups, who enjoyed considerable autonomy since 1991 have been the strongest advocates of the "federal principle." Sunni groups have fiercely opposed the move, saying acceptance of this clause would legalise the secession of a separate Kurdish state. The Sunnis have also opposed the suggestion by some Shia groups about having a Shia autonomous region. Most of the oil wealth of Iraq is located either in the Shia dominated south or northern Iraq, where the Kurds have a majority.

Differences have also arisen about the sharing of revenues resulting from oil exports, where the Kurds have been demanding a larger share.

On the role of Islam, Shias and Kurds who have been known for their secular disposition have aired their disagreement. The Shias have been saying only those laws, which conformed to their interpretation of Islam, should be considered constitutionally valid. On the contrary, the Kurds have been maintaining that laws have to agree with the interpretation of all Islamic sects.

The Americans who see the adoption of the constitution as a major step towards denting the resistance have been trying hard to push for a compromise. Negotiations have been taking place in the high-security green zone, in active consultations with U.S. Ambassador Zalmay Khalilzad and his team.

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