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Q. You were in Baghdad during the August
negotiations on Iraq's new constitution. What was
your role and the role of the other advisers to the
Kurdistan representatives in the negotiations?
A. We were
available to exchange ideas from our international
experience, to provide the necessary follow-up to
the process and to maintain a focus on the interests
of Kurdistan.
Q. Did the Sunni Arab and Shi'a Arab
negotiators also have advisers?
A. I know that
the Shi'a coalition had advisers, but I do not know
if the Sunni Arabs did or not.
Q. What were Kurdistan's red lines in the
negotiations and how successful were the Kurdistan
representatives in protecting them?
A. Kurdistan's
red lines were simple; nothing less than what
Kurdistan currently enjoys and nothing less than
what was expressed in the Transitional
Administrative Law (TAL).
Q. Are you pleased with the outcome of the
constitutional negotiations?
A. Yes, more
than pleased. This constitution will become the
first permanent basis for a reconstructed Iraq in
which federalism, democratic rights, bi-lingualism
and multi-nationalism are recognised.
The people of Kurdistan should also be pleased with
the outcome and proud of their negotiators.
Throughout the negotiating process, the delegation
from Kurdistan demanded respect for human rights,
democracy and recognition of Iraq's diversity in
national, religious and regional terms.
Kurdistan's negotiators were successful in securing
Kurdistan's future, for example, laws passed in
Kurdistan since1992 remain valid, Kurdistan will
keep its government, law-making capacity and its
institutions; Kurdistan's government will be
responsible for Kurdistan's security, including
keeping the peshmerga.
Additionally, Kurdistan will have a fair share of
the oil revenues, demarcation of Kurdistan's borders
will be completed by the end of 2007 and the
government of Kurdistan will have a golden
opportunity to formulate and execute its own
development plans, including future oil-fields.
Q. What does the new constitution mean for
women in Kurdistan and to those for whom religion is
paramount?
A. Women in
Kurdistan will continue to be protected by laws
already in force in Kurdistan. Laws will not
contradict democratic principles or the rights and
basic freedoms specified in the constitution. People
of all faiths should be pleased with the draft
constitution as it strikes a balance between the
demands of those who want religion to be paramount
in all aspects of life and society and those who
believe in a more secular society. Crucially, all
religions will be protected within a democratic
political system.
Q. What are the current and future
implications for the borders of the Kurdistan Region
in Iraq?
A. The borders
of the Kurdistan Region of Iraq will be defined no
later than 31 December 2007, after completion of
normalisation in Kirkuk and other Arabised
territories. The constitution repeats Article (58)
of TAL, which stipulates that disputed territories,
such as Kirkuk, should be normalised in a legal and
democratic way, In addition to that, Article (136)
of the constitution explicitly demands that the
executive authorities, meaning the president of Iraq
and his cabinet, fully implement Article (58) of TAL.
Article (136) also imposes a deadline for the
normalisation process to be carried out.
The constitution also includes a clearer statement
than that expressed in the TAL on the issue of a
referendum in Kirkuk and other Arabised territories.
TAL stipulated that after Kirkuk is normalised, the
people of Kirkuk should vote in a referendum on
whether they want to join the Kurdistan Region. That
was good but I think that the people of Kirkuk,
Sinjar and other Arabised territories should be
pleased with what is in the constitution because its
language is less ambiguous and it demands a specific
time-frame for these issues to be dealt with.
Importantly, if Article 58 (TAL) is not implemented
it will be seen as a violation of the constitution
and an assault on a 'free union of people, land and
sovereignty', as expressed in the preamble.
Q. Politicians and investors are closely
following the discussions on oil. Can you explain
the situation and the position of Kurdistan in
particular?
A. The
compromise on oil as expressed in Articles (109) and
(110) provides a real opportunity for the
redistribution of resources in Iraq. Article (109)
says that oil and gas are the property of the people
of Iraq in all regions and governorates. Since oil
is not referred to in Article (108), which specifies
the exclusive powers of the federal government,
regional governments will have enormous
opportunities to shape future development of the oil
and gas sector.
The first section of Article (109) refers only to
production from current fields and stipulates that
the federal government redistribute the revenues
from these fields according to a specific framework,
which must be agreed by all the main political
forces.
Article (109) goes on to explicitly demand
cooperation on future strategic oil and gas policies
between the federal government and the producing
regional government. In this context, the regional
government will have responsibility for controlling
and exploiting future oil and gas reserves within an
agreed country-wide policy. The critical point here
is that Article (112) states that regional laws will
prevail outside of the exclusive powers of the
federal government, allowing the regional government
to have the final word where there is a dispute.
Q. US Ambassador Khalilzad has been quoted as
saying that the draft approved in the Iraqi
parliament is not the final draft, that it can be
'edited' or amended by October 15. Is that correct?
If yes, is there a danger that items important to
Kurdistan will be watered down?
A. I do not
believe there will be any substantial changes to the
draft constitution and all important issues for
Kurdistan will remain as they are.
Q. Which areas of the final draft are of
concern to you?
A. I am somewhat
concerned about the actual implementation of the
constitution. Our past experience with various
governments in Baghdad is not very encouraging.
However, there is one major difference this time
round, in which I see a new opportunity. Kurdistan's
political forces are crucial partners in the
reconstruction of Iraq and they will now be an
integral component in formulating any country-wide,
political and economic strategy. If we fail, we have
to blame ourselves as much as anyone else.
Q. Some argue that the Kurdish negotiators
focused too much on protecting Kurdistan's autonomy
and not enough on safeguarding Kurdistan's interests
in Baghdad or at a federal level.
A. I disagree
with that interpretation or assertion. Our
negotiators were very keen to safeguard Kurdistan's
interests at the federal level. Such a stance is
plainly evident in their demands for democracy and
the protection of human rights, in sharing power and
resource on the federal level and also in the
provisions for regional representation within the
foreign ministry.
It is also worth pointing out that articles (103)
and (104) are there because Kurdistan's negotiators
insisted on them. Article (103) states:
'A public agency will be founded to guarantee the
right of the regions and of provinces that do not
belong to a region to fair participation in the
administration of the various federal state
institutions, missions, fellowships, delegations and
regional and international conferences. It shall be
made up of representatives of the federal
government, regions and provinces that do not belong
to a region, and it shall be regulated by law.'
Q. Some in the Sunni Arab community are
already speaking out against the constitution. Is
the constitution good for them as well?
A. We must work
hard to convince the Sunni Arab community that they
too will benefit from having democracy and basic
human rights enshrined in the constitution. Sunni
Arabs have to be convinced that Iraq's new political
order is not about destruction, revenge and
adventurism. In a federal, democratic and
decentralised political system, Sunni Arabs will be
able to protect and advance their own interests in
cooperation and coordination with other constituent
units in Iraq, which will be a free and voluntary
union.
Perhaps, the Sunni Arab community should be warned
against repeating the mistake of the Palestinians.
The emphasis of the international media on the
demands made by some Sunni Arabs only encourages
them to follow a destructive political path of
rejection and violence. The consequence of which
will be that they will suffer and lose out
politically. Iraq cannot be ruled the way it was in
the past.
Q. How worried should we be by the reaction
of the Arab League?
A. In my view,
we should not be worried at all. Leaders in the Arab
world are not renowned for being future-oriented
politicians with a bright vision for the states and
societies which they rule. What they have done in
relation to Iraq should not surprise us.
Q. Will the constitution lead to the break-up
of Iraq?
A. Iraq has been
a failed state since 1992 and the Arab part of Iraq
collapsed entirely with the removal of Saddam
Hussein's regime in April 2003. Since May 2003, the
US Government, the Coalition and the political
forces in Iraq have attempted to re-build, re-shape
and re-construct the country. Adopting this draft as
the agreed constitution might be the last chance to
save Iraq from more bloodshed, deeper civil war and
an outright partition of Iraq.
Q. Should Iraqis vote in favour of the
constitution in the referendum?
A. Yes, the
citizens of Iraq should vote in favour of the
constitution in the referendum on October 15,
because this constitution can work as a peace
agreement between Iraq's constituent peoples. It
will be the first future-oriented constitution in
the Middle East, with a crucial balance between the
various political demands to keep Iraq together in a
free union.
Rejecting the constitution might take Iraq deeper
into a civil war between the Sunni and Shi'a Arabs.
Kurdistan will not have an easy time if greater
chaos becomes the political order in the rest of
Iraq.
Khaled Salih, born in Kurdistan, is
Senior Lecturer in Middle East politics at the
Center for Middle East Studies (University of
Southern Denmark). Educated at Gothenburg
University, Sweden, he taught international and
Middle East politics at the Department of Political
Science at Gothenburg University, where he received
his PhD, and University of Lindköping, Sweden. He
serves as a political adviser to Kurdistan Regional
Government and Kurdistan National Assembly.
Khaled is also co-editor of the 'The Future of
Kurdistan in Iraq'. May 2005 | ISBN 0-8122-3870-2 |
$36.00 / £29.50 384 pages
More information bout The Future Of Kurdistan In Iraq (Hardcover) by Brendan O'Leary (Editor)
www.kurdistancorporation.com
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