Ask the Globe about the constitution process

KERRY BOULLEMIER

Glob and Mail Update

What are some of the key points to the proposed constitution?

The basic rights include:

-Islam is the official religion and the main source of legislation.

-Oil wealth should be distributed evenly throughout the state.

-It ensures there is an independent judiciary.

-No less that 25 per cent of the seats in parliament must be held by women.

-Basic human rights for women, for example legal equality, banning of violence, abuse and trading of women.

-It guarantees all religious rights and states all Iraqis are free to practice their own ideologies.

-It recognizes Arabic and Kurdish as official languages, recognizing Kurdish in equal status nationwide.

The constitution hopes to signify one of the final stages of Iraq becoming a democracy.

What kind of political system has been built in Iraq?

Since the removal of Saddam Hussein's government, the United States installed an interim government. However, with the introduction of a constitution, they hope to establish a democratic, federal and republican system. It hopes to eradicate sectarian or racial discrimination in the state, with a fair distribution of wealth.

Dr. Nathan Brown, professor of political science and international affairs at the George Washington University, says this won't necessarily guarantee a peaceful future for Iraq.

"[The constitution] will contribute towards peace, but it won't necessarily guarantee it. What it could do is to diminish the insurgency." But he feels that for this to happen the insurgents would probably need some assurance that Sunni's would be able to occupy positions of authority.

Who are the key players?

The Shia Muslim Arabs, the Kurds and the Sunnis, who made up the minority of Iraq, and were headed by Saddam Hussein. When they were in power, the Sunnis discriminated against the Kurds and Shias, who make up the majority of the population.

The Sunni boycott of the January, 2005 elections meant the Shias gained considerable power, taking on the key government posts.

The Kurds were granted an autonomous state in the north of the country, and the Shias are pushing for a federal state in the south. The Shias and Kurds favour federalism, and want more influence over policy-making. The Sunnis, however, view federalism as a destructive force, that would not aid a united Iraq. They also fear further marginalization, which could leave them powerless and cut them out of the revenue from the country's oil-rich regions in the north and south.

What issues are slowing the process?

The Shiites and Kurds are agreed on the entire document, but the Sunni faction have rejected the draft because of its concerns primarily over federalism, oil wealth, women's rights, and Kurdish autonomy.

The issue of structure between the presidency, parliament and the government is also in contention .

Even the name of the country is still undecided -- they are choosing between the Republic of Iraq or the Federal Republic of Iraq.

There is also a continuing debate over the terminology used to refer to Mr. Hussein's former Baath regime, they are undecided between the 'Baath party' or 'Saddam's Baath'.

Whilst the constitution could be passed without Sunni backing, the insurgency still raging through Iraq is rooted in the Sunni community, and a constitution without their backing would not help in the creation of a peaceful state.

How and when will the constitution be passed?

Parliament still have to vote on the whole text, then the next step is the referendum in October.

But it can still be blocked if three out of 18 of Iraq's provinces vote against it, for which they'll need a two-thirds majority. An increase in voting registration amongst Sunnis has led to fears that the constitution may not be passed.

How is the United States involved?

Dr. Brown says the United States convinced the Shiites and Kurds to invite the Sunnis to the negotiation table.

"The American's are almost overseeing the process. But it's clear that they are willing to compromise on things in order to secure peace in the country."

President George W. Bush has been urging key leaders to reach a consensus on the issue. They are set to send another 1,500 troops to Iraq, to reinforce security before the referendum takes place in October. But Dr. Brown says that until the country ends U.S. presence in Iraq, there will still be conflict in Iraq.

What's the future for the constitution?

There's a national referendum set for mid-October. This will then be followed by elections in December, which should result in a fully constitution government by the end of 2005.

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