Amir Taheri: A giant step away from tyranny

The Australian:

26aug05

FOR the next few weeks all eyes will be on the Iraqi National Assembly as it debates the draft of the country's new constitution. Provided the assembly does not throw it out, the proposed text would be submitted to a popular referendum on October 15. This is why Iraqis from all ethnic and religious backgrounds are queuing up to register to vote. They understand the stakes involved.

Even before its publication, the text had been attacked by those who had opposed the liberation of Iraq in the first place. The main attacks have focused on two issues.

The first is that the draft has angered Arab Sunni elites by proposing a federal structure for the new democratic state. But this is in no way related to religious differences, as some Westerners nostalgiac for Saddam Hussein pretend.

The Arab Sunni elites believe that a federal structure makes it harder for them to regain, one day perhaps, the dominance they once enjoyed. A highly centralised state in which power is concentrated in Baghdad would be more vulnerable to a military coup d'etat or a fascist-style putsch through which the Sunni elites could seize power when and if the opportunity arose.

But when all is said and done, the fact remains that most Iraqis seem to prefer a federal structure if only because they fear the return of despotism based on a strong central power in Baghdad. The least that anyone can do is to respect their views even if one does not agree with them.

But how true is the claim, made in so many articles in the Western press in the past few days, that the Sunnis are enraged at the draft? The truth is that we do not know the answer. Unlike the Shia and Kurdish representatives who were elected members of parliament, the Sunni politicians in the drafting committee were government appointees. The reason was that the Sunnis, having boycotted last January's general election, did not have enough parliamentarians to dispatch to the drafting committee.

We shall have to wait until the referendum in October to find out whether most Sunnis share the apprehensions of the Sunni politicos in the drafting committee. If they do, they could block the draft by voting against it. Four of Iraq's 18 provinces have Arab Sunni majorities. Under the draft, any two provinces could stop ratification by voting no.

The second issue used by many to attack the draft is related to the role of Islam. Many members of the drafting committee wanted Iraq to be renamed the Islamic Republic of Iraq, thus joining Pakistan, Iran, Sudan and Mauritania. The Iraqis, however, decided not to use the label Islamic, asign that they do not wish to set up a theocracy.

What they did, however, was to acknowledge Islam as the religion of the state and a main source of legislation. Had they not done so it would have been virtually impossible to persuade most Iraqis to vote for the new constitution.

Does this mean that the new constitution cannot be democratic? Not at all. The draft recommits the nation to the Universal Declaration of Human Rights, of which Iraq was one of the original signatories. While no legislation can directly contravene the principles of Islam, it is also clear that there can be no laws that violate basic human rights as spelled out in the declaration. The last word on law-making will remain with an elected parliament, not a group of self-appointed theocrats, as is the case in neighbouring Iran.

Some critics are concerned that giving Islam a prominent place in the constitution could lead to reactionary legislation on issues such as marriage and divorce and the status of women.

That concern, although understandable, may be exaggerated. Politically, all parties are agreed that women should retain their newly won quotas and thus maintain a strong presence in political life, especially in the parliament.

The Iraqi draft is not ideal. It will not transform Iraq into the Switzerland of the Middle East overnight. It includes articles that one could not accept without holding one's nose. But the fact remains that this is still the most democratic constitution offered to any Muslim nation so far.

More important, the people of Iraq have the chance to reject it if they feel it does not reflect their wishes. That, too, is a chance that few Muslim nations have enjoyed. With the new constitution, Iraq is taking a giant leap away from despotism. Many had hoped that Iraq would take a bigger leap. But wishes, alas, are not horses, at least not in politics.

Amir Taheri is an Iranian author of 10 books on the Middle East and Islam. He is a member of www.benadorassociates.com.