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The current negotiations for the formation of a new
coalition-government in Baghdad will set the tone
for the next phase in Iraq, namely the drafting of
the Iraqi constitution. The complexity of Iraqi
politics and the diversity of views between Iraq's
leading communities, and the lack of a legitimate
Sunni leadership have delayed the formation of this
government. At this point there appears to be
fundamental and irreconcilable differences relating
to the basic elements of democracy between the two
main negotiating groups, the Kurdish bloc and the
representatives of the United Iraqi Alliance (UIA).
After over 80 years of neglect and oppression, the
Kurdish negotiators are holding out in protection of
their demands for democracy, civil society and the
establishment of legitimate institutions of
Government with the correct level of checks and
balances, within the context of a federal, secular
and democratic Iraq. The Kurds refuse to compromise
on fundamental elements that serve to protect their
rights:
1. Separation of religion and state: While
Kurds are predominantly secular and have made it
clear they will not agree to any form of autocratic
religious government, the UIA is primarily made up
of representatives of the Shiite clergy, some
strengthened by the fact that the majority of Iraq's
population are Shiites, are working towards laying
the groundwork for an Islamic Republic attainable
through direct elections. While senior members of
the UIA, including the candidate for the position of
Prime Minster, Ibrahim Jafaari have openly stated
that Islam should be one source of legislation (as
specified in Iraq's current constitution, the
Transitional Administrative Law (TAL)), the majority
of this broad coalition openly believes in Welayat
Faqih (power to rule is bestowed on a supreme
religious leader by God) where democratically
elected officials cannot challenge the supreme
ruler.
2. Separation of powers between central and
regional governments: The only other republic that
is run by majority Shiites –Iran - promised autonomy
to its Kurdish population in 1979, only to declare
Jihad on them after only two months in power. As
mentioned above, without regional governments a
direct election could all but destroy any hope for
democracy in Iraq. While the majority of the
population in Kurdistan demands for the
establishment of an independent Kurdistan, the
Kurdish political leadership, hopes that through a
system of federalism, enough power can be devolved
from Baghdad, which will allow all the different
communities in Iraq to administer their own affairs
and ultimately prevent one group (religious or
sectarian) to impose their way of life over others.
3. Women's Rights: This issue alone caused
major battles during the drafting of the TAL.
Kurdish attitudes towards women stem from thousands
of years of matriarchal history, while Shiites
follow fundamental Islam. These views are
irreconcilable and if the Kurdish leadership gives
in on this point they will lose the support of their
constituency instantly. Without separation of powers
between central and regional governments (#2),
Kurdish women will be subject to the
institutionalized discrimination that most certainly
will be imposed under the Shiite majority.
4. Written constitution ratified by all
regional governments: Again, to practice true
democracy it is essential that regional parliaments
in Iraq, as in any federal state, ratify the
constitution. Shiite leaders have raised serious
complaints about this issue, which raises fear and
suspicion that they would rather write a
constitution, based on an undemocratic process of
majority rule over the minority, which would not
include Kurdish or women's rights and is in
accordance with Islamic law. To ratify such a
constitution in Kurdistan is impossible, which is
why the Shiite leadership have opposed article 61
(c) of the TAL, which states that the draft
constitution will only be ratified in a general
referendum, held in October 2005, if a majority of
the voters in two-thirds of three or more
governorates do not reject it.
5. The Transitional Administrative Law (TAL)
outlined a process in its 58th article to remedy the
Arabization of the oil rich Kirkuk.
Iraqis fear that if Kurds regain their strength in
Kirkuk, it will lead to the creation of an
independent Kurdish state. It is no secret why the
UIA has selected this time to open the issue since
that article was never to their liking. The TAL fell
far short of Kurdish demands to stay within a new
Iraq but they have accepted it as a starting point.
By re-opening the Kirkuk issue, members of the UIA
are hoping to limit the strength of the Kurds, and
prevent the rectification of a genocidal ethnic
cleansing policy committed by Saddam against the
Kurds.
6. While the Kurdish leadership is united in
its negotiations in Baghdad, the UIA is having
difficulty satisfying the broad coalition it has
created. Agreement within the UIA on the above
issues will be very difficult to obtain considering
that the UIA includes such diverse parties as the
Hezbollah Movement in Iraq and the Iraqi National
Congress. The power struggle between pro-Iranian,
pro-Syrian and Iraqi nationalists - not to mention
the ever-required approval from Sistani - has
created a sluggish negotiation process.
Members of the Shiite political and religious forces
are using vague and general terms in their
description of their political platform and program.
This vagueness and ambiguity has caused much concern
among the Kurdish bloc who seeks a detailed
political platform for the new Iraq in order to take
part in the coalition government. It is time that
Iraqi political forces show their political maturity
and tell the people of their country how they intend
to run the government, rather than leave people
confused and concerned about the likely possibility
of a growing influence of the religious clergy in
political life.
The Kurdish National Congress of North America
strongly urges the Kurdish leadership and the United
States government to hold firm to the line of
democracy and to ensure that Shiite fundamentalism
does not hijack the Iraqi victory.
KNCNA Board of Directors
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