The Iraqi's new Interim Consitution

The real problem in Iraq is what the Shiite population will do to the Constitution with their majority vote once the US turns over government control? The ability of the Shiites to unilaterally amend the Constitution may undo the democracy model.---BBB

Mar 8, 2004
Iraqi Politicians Sign Interim Constitution After Resolving Political Squabble
By Hamza Hendawi - Associated Press Writer

BAGHDAD, Iraq (AP) - Iraq's Governing Council signed a landmark interim constitution Monday after resolving a political impasse sparked by objections from the country's most powerful cleric. The signing was a key step in U.S. plans to hand over power to the Iraqis by July 1.

Before an audience of prominent Iraqi and American civilian and military officials, including the top administrator in Iraq, L. Paul Bremer, 21 of 25 council members signed the document on an antique desk once owned by King Faisal I, Iraq's first monarch. Representatives of the other four members signed for them.

Council president Mohammed Bahr al-Ulloum called the signing a "historic moment, decisive in the history of Iraq."

"There is no doubt that this document will strengthen Iraqi unity in a way never seen before," said Massoud Barzani, a Kurdish leader on the council. "This is the first time that we Kurds feel that we are citizens of Iraq."

But there were signs that a dispute that delayed plans to sign the constitution on Friday might surface again. Council member Ibrahim al-Jaafari read a statement signed by 12 of the 13 Shiite council members that said they agreed to sign the interim constitution without demanding changes in order to safeguard national unity. Last week, bombers carried out deadly attacks on Shiite pilgrims in Baghdad and Karbala.

"We say here our decision to sign the document is pegged to reservations," al-Jaafarai said.

One clause in dispute, according to al-Jaafari, would give Kurds and Sunni Arabs veto power over a permanent constitution expected to be drafted and put to a referendum next year. The other bars any changes to the document signed Monday except with the approval of a proposed president, his two deputies, and three-fourths of a parliament to be elected by January 2005.

Several Shiite council members said the disputed clauses will be subject to further negotiations. They said the clauses might be amended in an addendum to the interim constitution that is expected to be issued next month to decide the shape and functions of an interim government that will take over from the U.S.-led coalition on June 30.

The signing came nine days after a deadline set in a U.S. timetable. The delay was caused by a mourning period following bomb attacks on Shiite shrines, as well as political wrangling on the U.S.-picked council. The impasse strained relations between Sunni, Shiite and Kurdish leaders and highlighted the power of Iraq's Shiite clergy.

The charter - which includes a 13-article bill of rights, enshrines Islam as one of the bases of law and outlines the shape of a parliament and presidency as well as a federal structure for the country. It will remain in effect until a permanent constitution is approved by a national referendum planned for late 2005.

About an hour before the signing ceremony began, insurgents fired mortar shells at two police stations in central Baghdad, injuring four people, including one policeman, Iraqi officials said.

Iraqi and U.S. officials still must agree on a method to create the government that will take power on June 30 and serve until national elections due by Jan. 31 - a task that will likely need help from the United Nations.

Monday's ceremony was a sign of unity after a similar ceremony planned for Friday fell apart when five of the council's 13 Shiite members refused to sign the document because Grand Ayatollah Ali al-Husseini al-Sistani objected to the clause requested by the Kurds. The last-minute disruption embarrassed U.S. coalition officials and angered others on the council who saw as it as a Shiite attempt to grab more power.

After urgent talks over the weekend, al-Sistani signaled to the five Shiite dissenters that he would not oppose the constitution despite his reservations, and the document was signed Monday without changes.

"We must put the interests of our nation above all of our interests. The world is waiting and expecting us to work in the service of our nation," Bahr al-Ulloum told council members in a meeting Monday before the signing. The members then unanimously approved the document with a show of hands.

Bremer will endorse the document in a separate letter congratulating the council members, who include 13 Shiites, five Kurds, five Sunni Arabs, a Christian and an ethnic Turk.

Al-Sistani's opposition focused on a clause in the draft about next year's referendum on Iraq's permanent constitution: If two-thirds of voters in any three of Iraq's 18 provinces reject it, then the document cannot be adopted, parliament is dissolved and a general election is held to choose another assembly.

That gives Iraq's Kurdish and Sunni Arab minorities the power to veto a permanent constitution even if the Shiite majority approves it in next year's referendum.

The Kurds, who control Iraq's three northern provinces, wanted the clause to ensure that no charter could be passed that encroaches on their self-rule region in the north. Sunni Arabs also felt the clause was a useful safeguard.

Al-Sistani, however, said the clause gave a minority an unfair veto over the majority's will, Shiite officials said.

This story can be found at: http://ap.tbo.com/ap/breaking/MGATHQGPKRD.html
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Mar 8, 2004

Timeline of Iraq Constitution Conflict, Power Transition
The Associated Press

A timeline of events in Iraq since the start of the war leading up to the signing Monday of an interim constitution, and future dates for the country's return to self-rule:

March 20, 2003: U.S.-led invasion of Iraq begins with missile strikes in Baghdad.

May 1, 2003: President Bush declares major combat operations in Iraq over.

Nov. 15, 2003: U.S.-led coalition, Iraqi Governing Council sign agreement on transfer of sovereignty to Iraqis. Calls for regional caucuses to elect a national assembly; legislature to select provisional government to take power by July 1.

Dec. 13, 2003: Saddam Hussein captured in underground hide-out near hometown, Tikrit.

Jan. 15: Thousands of Shiites demonstrate in Basra seeking direct elections for Iraqi government, not selection by caucuses.

Feb. 28: U.S.-mandated deadline for adoption of interim constitution passes.

March 1: Governing Council, after weekend of talks, agrees on interim constitution.

March 5: Planned signing of interim constitution delayed after Shiites oppose clause giving Kurds veto power over a permanent constitution.

March 7: Shiites consult with Grand Ayatollah al-Husseini al-Sistani, Iraq's top Shiite cleric, say they will sign interim constitution without changes.

March 8: Governing Council signs charter, opening way for transitional government and handover of U.S. power to Iraqis by July 1.

June 30: Planned Iraqi takeover from the U.S.-led coalition.

Jan. 31, 2005: Deadline for elections to National Assembly to oversee drafting of permanent constitution, help appoint council ministers, prime minister and executive Presidency Council.

Aug. 15, 2005: Deadline for National Assembly to unveil permanent constitution draft.

Oct. 15, 2005: Deadline for national referendum to adopt permanent constitution. If referendum fails, National Assembly dissolved, new elections held by Dec. 15, new transitional government assumes office by Dec. 31.

This story can be found at: http://ap.tbo.com/ap/breaking/MGAN76NQKRD.html
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Constitutions around the world:

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