Monday, August 15, 2005

You can't trust AP

Memorandum indicates that AP said "Iraq Leaders Agree on Draft Constitution"

and bloggers responded to that news:

Dr. Steven Taylor blogged AP story that states Iraq Leaders Agree on Draft Constitution

Iraqi politicians agreed Monday on a draft constitution but decided to put off two key issues — women’s rights and whether Kurds might someday secede — so the document could be submitted to parliament by a midnight deadline, two Shiite officials said.
Interesting.

I can certainly see why secession rights would be a problem. Federalism is one thing, the legal right to secede is wholly another.

The fact that women’s rights are a sticking point is telling about the state of political Islam in the region. Further, it underscored the degree to which the rights of women in a given location to be treated as fully human beings along with men are a key indicator of political development.

I look forward to seeing what is contained in the document.


But then the AP link was changed to be Iraqi Parliament OKs Constitution Delay Iraq's parliament agreed to a seven-day extension for leaders to complete a draft constitution, after politicians failed to meet a midnight Monday deadline for agreement on the charter. Parliament adjourned after voting to extend the deadline until Aug. 22, acting on a request from Kurdish leaders for more time.

Shiite, Sunni and Kurdish framers of the charter had reached a tentative deal late Monday, resolving issues ranging from oil revenues to the country's name but putting off decision on the most contentious questions — including federalism, women's rights, the role of Islam and possible Kurdish autonomy.
I can see how these are sticky problems, and I hope that in the next week they will come to an agreement on them.
Efforts to meet the Aug. 15 deadline showed how determined Iraqis are to maintain political momentum under intense U.S. pressure, but their failure to compromise was a clear sign that their sharp political divisions are far from over.
But the important thing is that they are still talking, and have not picked up guns to back their position.
"We should not be hasty regarding the issues and the constitution should not be born crippled," Prime Minister Ibrahim al-Jaafari, a Shiite, said after the vote. "We are keen to have an early constitution, but the constitution should be completed in all of its items in a proper manner that appeals to all components of the Iraqi people so that the whole people interact with the whole constitution."

It was unclear if negotiators would reopen issues already resolved or focus only on those yet undecided. Meeting the Monday deadline would have been a victory for the Bush administration, which had made clear in recent weeks that it was pushing for a constitution by then — even if some issues were left undecided.
They certainly wanted a decision, but I think it is good that the Iraqi are taking another week.
Television cameras were at the ready as parliament convened late Monday to consider any final, undecided constitutional issues and debate the entire charter. In a sign of Washington's close involvement in the process, the American ambassador to Iraq, Zalmay Khalilzad, was in the hall as parliament gathered. He wore a broad grin, apparently anticipating a vote on the charter.

Moments before, however, Kurdish minister Barhem Saleh aid on Al-Arabiyah TV that Iraqis could not reach a complete agreement on the constitution and would seek a 7-10 day extension for negotiations to continue. "If we don't reach an agreement," he said, "then the National Assembly will be dissolved, and we will call for general elections for a new National Assembly."
I am not sure what that would accomplish, but Iif it happens, I would bet that the Sunnis will not be stupid enough to boycott the election this time.
If agreement on a constitution is reached, however, Iraqis will vote around Oct. 15 to accept or reject the charter, leading to more elections in December for the country's first new government under the new constitution.

One key sticking point was Kurdish demands for the right of self-determination. Kurds had suggested language giving them eight years within a unified Iraq and after that the right to secede. Shiites told them they should decide now whether they want to stay within Iraq. Sunnis rejected even the broad, general concept of federalism codified in the constitution at this time.
I understand where the Kurds are coming from, but I think this would be a mistake. Rather they should push for clauses to prevent Sunnis and Shiites from affecting their local rules. Something like a strong states rights clause in our government.
"I think that the seven days will be enough to agree on all the details regarding the federalism," Mouwaffak al-Rubaie, a Shiite and national security adviser told Al-Arabiya, "Democracy cannot be achieved in Iraq unless federalism is implemented, because Iraq has many ethnicities."
And all ethnicities need to be protected.
The issue of women's rights was just as complicated and undecided, falling under Shiite demands that Islam be the main source of legislation. That could affect the civil code, because Islamic law, or sharia, women might not receive the same share of inheritance and cannot initiate divorce.
I think the Shiites are making a mistake. Right now they have a majority, but would they really want to be ruled by Sharia law decided by a Sunni cleric. And would a Sunni really like to be ruled by Sharia law decided by a Shiite cleric. I think they would be must better off with a secular government and judiciary, but with strong protection against governmental control over religion.
In contrast, officials had said that agreements were reached on issues such as distribution of the country's oil revenues, the country's name and the issue of whether Iraqis could hold dual citizenship. But even those issues remained unclear late Monday. For example, officials have said they were deciding on either the Republic of Iraq or Federal Republic of Iraq, and had ruled out the idea of putting any Islamic reference in the country's name.

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