Sunday, August 21, 2005
An unconventional constitution
The
deep ethnic divisions in Iraq have been obvious in the
attempts to draft the founding document. Is that necessarily a
bad thing?
The Iraqi constitutional commission bought itself another
week to come up with a draft constitution it hopes to deliver
tomorrow. Whether it will be able to do so, or whether the
document will resolve some of the "huge questions," as Hoover
Institution scholar Larry Diamond put it to me, that prevented
agreement by the original deadline of August 15, are tough to
figure.
Even if a document is produced and ratified, we may not
know for months or even years whether it provides a governing
system capable of avoiding civil war or providing a semblance
of security and stability.
Diamond, whose research specialty is transition to
democracy, was a senior adviser in Iraq last year for the
Coalition Provisional Authority. Since returning, he has
written a book, "Squandered Victory," a scathing examination
of occupation mistakes. "I still think they [the Iraqis]can
get it done," he told me, "but the divisions are serious. Just
in the past week we have had two new demands with the
potential to break the process asunder."
First is a request from Kurdish leaders in the north for a
constitutional provision that would allow them effectively to
secede at some point in the future, a provision Mr. Diamond
says almost all other Iraqis oppose. Second is the demand from
Abdul-Aziz al-Hakim, one of Iraq's most influential Shiite
politicians, that the southern part of the country,
Shiite-dominated (and with 80 percent of the country's oil)
become an autonomous region (though the degree of autonomy was
not specified).
Iraq's governance problems stem largely from the fact that
the country was cobbled together by the British after World
War I, out of the rubble of the defeated Ottoman Empire.
Shiites, with almost 65 percent of the population, are
dominant in the southern part of the country and have
long-standing ties to Iranian Shiites, though not all
sympathize with theocracy on the Iranian model. The Sunnis in
the central region around Baghdad ruled with an iron hand
under Saddam and make up about 20 percent. The Kurds in the
north, about 15 percent of the population, are ethnically
distinct from Arabs but are generally Sunni Muslims, though
relatively secularized.
Saddam Hussein ruled largely through fear (and spreading
oil revenues strategically), inflicting cruel repression on
both Shiites and Kurds at various times. The question is
whether such an ethnically divided entity can survive as a
relatively free country.
Diamond says Iraq has been in existence long enough that
most Iraqis think of themselves as Iraqis and prefer that the
country stay together. But the ethnic divisions have
persisted. The constitution-drafting process has, if anything,
intensified the devisions, as leaders of the factions realize
that the governing document could determine their relative
freedom and power for generations to come.
In theory the solution is some kind of federalism, with a
central government of limited powers and a fair amount of
self-governance at the local level. But federalism in
principle leaves numerous concrete arrangements to be
negotiated, and to some Iraqis it sounds like a Western, even
a distinctly American concept, and therefore foreign or even
alien (although it's close to the way the Ottomans ruled and
many Middle Eastern countries operate in practice).
Closely linked to federalism is the question of oil
revenues. About 80 percent of the country's productive oil
fields are in the south. In the north, Kirkuk is in the center
of an oil-producing region, but Saddam purposely de-Kurded it
by relocating Arabs and driving out Kurds. The Kurds want
control of Kirkuk and its oil, but the Sunnis, who could find
themselves without any oil in a decentralized Iraq, resist the
idea.
The question of oil underlines the fact that Iraq is by and
large a single-resource economy. Often single-resource
economies (see Saudi Arabia) are controlled by a strong
central power that distributes benefits on the basis of ethnic
or kinship lines, which works for a while but actually deters
the emergence of other economic activities and is ultimately
unstable.
The second major sticking point is the role of Islam in
Iraq in the future. Many (though not all) Shiites see
theocracy, a la Iran's Islamic Republic, with Islamic law or
Sharia as the basis, as desirable. Sunnis and Kurds would find
such a regime uncomfortable to intolerable. A compromise,
recognizing Islamic law as the basis for secular law but not
enacting Sharia directly into law - and giving civil rather
than religious authorities the major role in determining just
how far parliament can go in enacting laws that might be
different from pure Sharia - has proven elusive.
Such disagreements are played out in differences that might
seem minor to an outsider, such as whether Iraq will be called
an Arab or an Islamic republic, and what its official name
will be.
Will the marja'iyya, the Shiite religious authority
consisting of the four major Shiite ayatollahs, receive
official recognition in the constitution, and if so how much
real authority will it have? Will religious or secular
authorities - or tribal leaders - have authority over matters
like marriage, inheritance and the rights of women?
Williamson Evers, another Hoover political scientist who
spent time in Iraq as an educational consultant in 2003, sees
the diversity in Iraqi society as a potential strength rather
than an insuperable problem. "Pluralism in Iraq means they
have to compromise, to find ways to get along," he told me
last week. "Dealing with compromise, with the fact that other
factions get their way sometimes, is one of the habits that
underlies a civil society."
Evers, who notes that "in Middle Eastern politics there's
always a certain amount of drama and rhetorical extravagance,"
has been reading successive drafts of the proposed
constitution and says each one shows a little more willingness
to compromise. He is cautiously optimistic about the
outcome.
Nathan Brown of the Carnegie Endowment for International
Peace, who has also been studying and commenting on successive
constitutional drafts, would agree, but has more doubts. "If
there were a stronger level of trust among Iraqi groupings it
would matter less what provisions make it into the
constitution," he told me. "They would find ways of working
together. But that level of trust just isn't there, so even a
technically perfect constitution might not prove to be a
satisfactory governing document."
Insofar as steps that can be viewed as strengthening
political processes and more success by Iraqi forces in
neutralizing insurgents seem like bare minimum requirements
before the administration will consider withdrawing some
American troops, I hope whatever constitution emerges is
viewed as credible in Iraq. While they might pull it off,
however, the obstacles are formidable.
CONTACT US: abock@ocregister.com or
(714) 796-7821
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