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Q&A:
Iraq
constitution
Has
Iraq
agreed
on
a
new
constitution?
Iraq"s ruling coalition of Shia Muslims and Kurds agreed a compromise early on August 22. After presenting the draft to parliament, they gave the Sunni Arab minority until Thursday August 25 to agree to the deal or face losing political power. The coalition has enough seats in parliament to push the draft through without Sunni consensus. But the Sunnis have warned of civil war if the constitution is passed without their support. Why are the Sunnis opposing the draft? The Sunni members of the drafting committee say they rejected the proposal because they were sidelined in negotiations and misled that there would be no deal without consensus. Their main objection is to federalism and the risk that it could break up Iraq. The Sunnis - who were dominant under Saddam Hussein - oppose a federal Iraq because they fear it could cut them out of the country"s oil wealth and leave them powerless. The Kurds already have an autonomous region in northern Iraq, but the Shias are also demanding their own area of self-rule in the south. Both areas produce oil. Sunnis live largely in central areas devoid of oil - the so-called barren sands of Ambar - so revenue from oil-rich areas could be lost under a federal system. Are there any other sticking points? One major issue is the role of Islam in the new legislation. The constitutional draft declares that Islam is "a main source" of legislation, and states that no law may contradict Islamic and democratic standards or "the essential rights and freedoms mentioned in this constitution". But critics say the proposals erode women"s rights and other freedoms enshrined under existing laws. Under the Sharia, women do not receive inheritance money equal to that of men, and are forbidden to begin divorce proceedings. Their evidence in court is also regarded as being worth half that of a man. The US has apparently eased its opposition to an Islamic Iraqi state to help secure a new constitution. According to Kurdish and Sunni negotiators, the US ambassador, Zalmay Khalilzad, proposed that Islam be named "a primary source" of law. Two other sticking points still to be resolved are the division of powers between the president, the parliament and the cabinet, and so-called de-Ba"athification - the extent to which former members of Saddam Hussein"s regime should be purged in the new Iraq. What else is in the constitution? The draft promises a "future in a republican, federal, democratic and pluralist system" with "a pact to respect the rule of law, reject the politics of aggression, give attention to the rights of women, men and children, spread the culture of diversity, and uproot terrorism". The draft "guarantees the Islamic identity of the Iraqi people" but also "guarantees all religious rights" and states that all Iraqis "are free within their ideology and the practice of their ideological practices". It says no law may contradict "democratic standards" or "the essential rights and freedoms mentioned in this constitution". It also declares both Arabic and Kurdish as official languages, bringing Kurdish to an equal status nationwide. What happens now? The draft constitution was submitted to parliament on time on August 22, meeting the deadline mandated by the interim constitution, but was delayed for further negotiations. The ruling Shia-Kurdish coalition could force the draft through parliament, but bringing Sunni political parties on board has been described as a crucial step to weakening the Sunni-driven insurgency. Sunnis largely boycotted the interim parliamentary elections in January, saying they lacked legitimacy while foreign troops were in the country. Conservative Shia religious parties are now dominant after sweeping to power in January. If the bill is forced through, the Sunnis could still delay the constitution when voters decide whether to ratify it in a referendum in October. Under the current rules, the constitution would be defeated if it was opposed by two-thirds of the voters in three of Iraq"s 18 provinces. Sunnis form the majority in at least four. If the new constitution is not approved, parliament may vote on setting a new deadline. If it cannot agree on either the draft or a new deadline, it will have to dissolve and new elections held. However, if the constitution is approved and then voted on in the referendum, fresh elections will follow to elect a fully mandated parliament under its terms, probably in December.
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