Iraq’s United States-appointed governing council finally agreed an interim Constitution on Monday, hailing it as a historic step on the road to full sovereignty and towards a country that is ”independent, democratic, federal and pluralist”.
After marathon talks that lasted into the early hours of Monday, delegates from the 25-member council, drawn from Iraq’s various ethnic and religious groups, bridged their differences on key issues such as the status of Islam, the representation of women in the transitional parliament and the extent of Kurdish federalism.
A coalition authority source said that the new Constitution would be formally signed on Wednesday, once the wording in English and Arabic had been checked.
Under a November 15 agreement between the governing council and the coalition authority, the document should have been finalised on Saturday.
”Nobody got everything they wanted; this has been forged in a spirit of compromise,” said Salem Chalabi, who represented the Iraqi National Congress on the drafting committee. ”But it was a historic and emotional moment and a sign of how we can work together for the future.”
There was relief among the delegates as they voted unanimously to pass the Constitution at around 4.30am, after 10 hours of ”spirited yet constructive” discussion.
A standing ovation followed.
After the vote, the US chief administrator, Paul Bremer, who had played an active role in the talks, proclaimed: ”Ladies and gentleman, we got it,” echoing his dramatic announcement of the capture of Saddam Hussein last December.
The Constitution, officially titled the Transitional Administrative Law, will underwrite Iraq’s progress towards elections by the end of 2004 or early 2005, and the writing of a permanent constitution by the end of 2005. The US-led occupation authorities are due to hand over sovereignty to an as yet undetermined government on June 30.
Although the new law is transitional and can be reversed by the permanent Constitution, its provisions will set the tone for the kind of Iraq that could emerge over the coming year, council members said. Mahmoud Othman, an independent Kurdish member of the governing council, said that despite the deferral of a number of sensitive issues, the new Constitution would be unique in the Middle East.
”It is liberal, democratic and progressive, while also recognising and respecting the values of Islam and the other religions in Iraq,” he said.
”After so many years of tyranny, this will give the silenced majority in Iraq an opportunity to come out from under the shadows of the dictators, the warlords and the mullahs.”
The final document runs to 32 pages and contains 64 articles. Islam will be the official religion of Iraq. But it will be ”a main” source for legislation rather than ”the main source”, as some Islamists on the council wanted. However, the Constitution enshrines freedom of religion and speech in a bill of rights.
On elections, it decrees that a national vote must be held by the end of 2004 or early 2005 for a transitional government that will preside over the drafting of a permanent Constitution.
The elected government will have a president, two deputies to the president and a cabinet of ministers.
Executive power will largely rest with the prime minister.
On the thorny issue of federalism, the Kurds, who have enjoyed self-rule for the last 13 years, will keep much of their autonomy in a federal region of Kurdistan.
After much opposition from Islamists, there is a 25% quota for women in the transitional assembly.
Moulding the future
Law to take effect by June 30 Elections to be held by late 2004 or early 2005. System of government to be republican, federal, democratic and pluralistic.
Women to have at least 25% of seats in transitional parliament.
An independent judiciary to be established.
One president will have two deputies. Executive power to reside with a prime minister.
Islam to be the official religion of the state. Bill of rights will enshrine personal, political and religious freedoms.
Arabic and Kurdish to be official languages. Kurds to retain control of existing self-rule area to be known as the Kurdistan region. – Guardian Unlimited Â