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BAGHDAD - Iraqi legislators are scheduled to
vote on a draft constitution today, even though
Sunni Arab leaders continue to voice sharp
differences with Kurdish and Shiite lawmakers.
Some key questions and answers about the state of
the constitutional process and the outstanding
issues:
Q: What major issues
have been agreed to?
A:
Representatives of Iraq's three main factions —
Shiites, Sunnis and Kurds — have agreed to wording
describing how Islam will influence legislation, the
distribution of oil revenue and the government's
structure.
Q: What issues are
still being debated?
A: As of
Wednesday, three main points were in dispute:
federalism, or allowing semi-autonomous regions
within Iraq; the mention of Saddam Hussein's Baath
Party in the constitution; and the division of power
among the president, parliament and Cabinet.
Q: What does the
constitution say now about federalism?
A: The
constitution allows for one or more of Iraq's 18
provinces to hold a referendum and form a "region"
that will enjoy limited autonomy, allowing them to
form a parliament, ministries and budget, says
Mahmoud Othman, a Kurdish legislator who is on the
constitutional committee.
The provision was included as a way to acknowledge
the Kurdistan region to the north, which has enjoyed
de-facto autonomy since 1991, Othman says. Sunni
leaders have warned it will lead to other breakaway
regions and the ultimate splintering of Iraq. They
want the provision narrowly applied to Kurdistan,
Othman says. Shiites and Kurds want the option open
to all provinces.
Q: What does the
constitution say about purging Baathists from
government positions?
A: The Baath
Party, which ruled Iraq for nearly four decades, is
prohibited from being recognized as a political
entity. The De-Baathification Commission, a group
created two years ago to weed out former Baath
leaders from government, is allowed to continue its
work.
Q:Why do Sunnis
object?
A: Sunni Arabs
dominated the ranks of the Baath Party, giving them
a stranglehold on power despite making up about 20%
of Iraq's population. Sunni representatives argue
that only Baath leaders accused or convicted of
crimes should be barred from government, Othman
says.
Q: What has been
decided about distributing oil revenue?
A: The
constitution currently says the central government
in Baghdad will distribute oil and gas revenue to
the regions based on population. But poorer regions
and those neglected under Saddam's rule will also
initially get a higher cut, the draft says. Sunni
leaders worry that means more money for Shiite and
Kurdish areas.
Q: What does the
constitution say about the role of Islam?
A: The draft
identifies Islam as "a major source" of legislation
and prohibits the creation of laws that contradict
its teachings. It also prohibits the creation of
laws that contradict democratic principles and basic
human rights, a provision secular Iraqis hope bars
Iraq from becoming a hard-line Islamic theocracy
like Iran.
Kurds, who are Sunni Muslim and generally secular,
joined Sunnis in opposing the strong Islamic state
advocated by some Shiites.
One of the most contentious issues has been the
placing of "experts" on sharia, or Islamic law, on
the Iraqi Supreme Court. The exact number of experts
and the method of choosing them will be assigned by
a law enacted by a two-thirds vote in the national
assembly.
Also at issue was whether to have sharia judges
administrating civil cases, such as marriages,
divorces and estates. On Wednesday, negotiators
agreed to let individuals choose the type of judge
to hear their case, Othman says.
Q: Is it unusual for
Islamic law to be reflected in the constitutions of
Arab states?
A: Egypt, Oman,
Yemen, Kuwait, Syria and Saudi Arabia are among the
Arab nations in which Islamic law plays a central
role. Those countries vary, however, in how strictly
Islamic law is applied.
Q. What does the constitution say about the role
of women?
A. The draft constitution pledges to "pay attention
to women and their rights." It also requires that no
less than 25% of the seats in the assembly be
reserved for women. The constitution does not
mandate religious courts, which can limit the rights
of women in inheritance, marriage and other issues,
but it allows people to choose between civil and
religious courts.
Q: Why are Kurds and
Shiites so concerned about appeasing Sunnis?
A: Kurdish and
Shiite political groups hold 258 seats in the
275-member National Assembly and could pass the
constitution. But the referendum could be voted down
if two-thirds of voters in three provinces reject
it. Sunnis dominate at least three of Iraq's
provinces.
Additionally, U.S. and Iraqi officials have been
striving to include Sunnis into the political
process as a key strategy in dismantling the mostly
Sunni-driven insurgency.
Q: What happens if
the constitution is rejected by voters in the Oct.
15 referendum?
A: Under Iraq's
transitional law, the parliament dissolves if the
referendum fails. Elections for another transitional
government will be held before Dec. 15 and the
political process starts over.
If it passes, general elections are held by Dec. 15
for a permanent government. Iraq's new legislators
take office by Dec. 31.
Contributing: Bill Nichols in Washington
www.usatoday.com
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