|
Though constitution has problems, it should get
majority approval, some experts say.
A number of legal and political experts believe that
most Iraqis will vote for the constitution in a
referendum later this year, despite Sunni
politicians’ opposition to the charter.
On August 28, a draft constitution was approved by
mainly Shia and Kurdish lawmakers, who make up a
large majority of the 275-member parliament. There
are only 17 Sunni members, who were largely left out
of the vote.
Since then, many Sunnis have been vowing to do
everything they can to oppose the constitution. On
August 29, 2,000 members of the community protested
in Tikrit, Saddam Hussein’s hometown, against the
charter.
The most heated debate on the constitution centred
on the principle of federalism, which Sunnis
rejected because they say it will divide Iraq.
But Tariq al-Ma'muri, a political analyst and
spokesman of the al-Uma, or Nation Party, which is
secular, insisted federalism is a modern method of
administration and the Iraqi experience has taught
citizens that a centralised government does not
work.
But he cautioned that “federalism should be based on
geography and not sectarianism so as not to tear
Iraq apart. If federalism is a seed leading to
disunity, we don't want it."
Abid Faysal al-Sahlani, one of the few Sunni members
of the National Assembly, said federalism was
crucial to keeping the country together.
A member of the Patriotic Democratic Alliance List,
al-Sahlani was not part of the 15-strong Sunni group
involved in the constitution drafting committee.
Kurds and Shias have accused the Sunnis on the
committee of being extremists who don’t represent
the average Sunni.
Al-Sahlani says that he approves of the constitution
formula for federalism, where two or more
governorates can form an autonomous unit, saying
this is key to “preserving the unity of Iraq”.
Political observers say they have a problem with
clauses in the constitution that go against women’s
rights. Although Islam is considered to be a “main
source” for legislation instead of the “the main
source”, which some religious Shia wanted, there are
still elements that are deemed to undermine women’s
rights.
The constitution says “no law may contradict Islamic
standards”, for example, which some fear may lead to
the abolition of the 1959 progressive personal
status law governing civil legal issues, such as
marriage, alimony and inheritance. The latter piece
of legislation provided women clear rights and
guarantees. “The personal status law was one of the
best laws in the world,” said al-Ma'muri.
Dr Jamil Abdullah, an Iraqi professor of
international law at Stockholm University, is
concerned that some aspects of the constitution
contradict Islam. He cites, for example, the
charter’s ruling that parents are entitled to adopt
illegitimate children, saying that Sharia makes no
such provision.
Despite their concerns, observers said they believe
most Iraqis will vote for the constitution in a
referendum later this year. It could be scuppered if
two-thirds of voters in three of Iraq’s 18
governorates vote against it.
"Iraqis will vote yes for the constitution because
the constitution is for Iraqi people and each Iraqi
is a part of this constitution," said al-Sahlani.
Al-Ma'muri said that if Iraqis have problems with
parts of the charter then they can always try to
change it in future.
"The constitution is legislation not the book of
Allah," he said. “So it can be amended at any time."
Yaseen al-Rubai’i is an IWPR trainee in Baghdad.
www.iwpr.net
Top |
® 