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Kurdistan , Iraq, August 29, (The
Globe ), -- Iraqi Kurdistan's draft constitution gives Islam a
prominent role in the internal affairs of the Region, a member of
the Kurdistan Assembly informed the Globe. Mohammad Amin Salih has
the story
The draft copy of the regional constitution is now ready after
months of intense debate between different parliamentary blocks.
Difficult discussions had been held regarding the status of Islam in
the constitution, as well as other issues including the borders of
the Kurdistan Region and its governing system.
"The constitution sets Islamic principles as one of the sources of
legislation," said Sherwan Haideri, head of the assembly's legal
committee.
Secular groups who have been demanding a constitution "free of
religious restrictions" had earlier argued that the "Kurdistan
constitution does not necessarily have to recognize Islam as a
source of law, since the Iraqi constitution has already endorsed
that."
"As a Kurdish woman I insist on a secular constitution," insists
Naznaz Mohammed, an assembly member. "
Only a secular constitution can safeguard my rights and when
religion is mixed with politics then women's rights are not
completely observed."
Naznaz Mohammed, who heads the assembly's education committee, added
that she would not vote for a constitution that did not separate
religion from state. She did, however, praise the constitution for
making education for children compulsory until the ninth grade.
The Iraqi constitution, approved by the vast majority of the
country's Shiite and Kurdish populations in a referendum last
October, describes Islam as a "principle source of legislation."
Kurdish Islamic parties also want this provision enshrined in the
Kurdish regional constitution, citing an article in the Iraqi
constitution stating that regional constitutions must not contradict
the national charter.
"Muslims constitute almost 99 percent of Kurdistan's constitution"
said Mohammed Faraj, an assembly member from the moderate Kurdistan
Islamic Union. "The natural consequence of this is that Islam must
be recognized as a legislative basis and this is respecting the will
of the Muslim majority in our region."
Faraj who also heads the human rights committee in the assembly
added that "giving a prominent role to Islam does not produce
fundamentalism but is a healthy way of dealing with Islam and curbs
extremism."
Another major point of dispute between assembly members has been the
issue of the borders of Kurdistan region. Kurds want Kirkuk and
other predominantly-Kurdish areas currently not included in their
region to be incorporated into Kurdistan. The draft constitution
states that the region's borders would be demarcated after the
return of those areas to Kurdistan.
Despite initial reports that Kirkuk would be proclaimed capital of
the Kurdistan region in the constitution, Erbil has been designated
regional capital.
A major contradiction between the Kurdish and Iraqi constitutions
lies in their description of country's governing system. The
national constitution stipulates that Iraq is a parliamentary
democracy, in which the country's prime minister and president is
elected by parliament. However, according to Kurdistan's draft
constitution only the prime minister is drawn from parliament.
"The president of the Kurdistan region will be elected through the
direct vote of people," said Karim Bahri Bradosti, member of the
regional constitutional committee. "That means that it is not fully
either a parliamentary or presidential system and in that respect is
very much like French system of rule."
He added that the constitution establishes a decentralized system of
rule which devolves great powers to the region's provinces.
The current draft, which consists of 159 articles, is an amended
version of a draft proposal by more than 30 Kurdish political
parties, approved in 2002. After more than 25 meetings of the
regional constitutional committee over past months, the new draft
will be presented to the assembly's president in the coming days.
Before the constitution can legally take force in Kurdistan, it must
be submitted to a regional referendum in the three northern
provinces of Erbil, Sulaimaniyah and Duhok. Despite hot debates
about the content of the constitution, some MPs consider the draft
charter as progressive and say it establishes a solid basis for a
future independent Kurdistan.
"I am very much satisfied with this draft constitution because it
includes all the democratic and human rights principles," said
Bradosti. "It is so detailed that we can depend on it for tomorrow
when we have an independent state."
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