Constitution Referendum Optimism

A number of legal and political experts believe that most Iraqis will vote for the constitution in a referendum later this year, despite Sunni politicians’ opposition to the charter.

On August 28, a draft constitution was approved by mainly Shia and Kurdish lawmakers, who make up a large majority of the 275-member parliament. There are only 17 Sunni members, who were largely left out of the vote.

Since then, many Sunnis have been vowing to do everything they can to oppose the constitution. On August 29, 2,000 members of the community protested in Tikrit, Saddam Hussein’s hometown, against the charter.

The most heated debate on the constitution centred on the principle of federalism, which Sunnis rejected because they say it will divide Iraq.

But Tariq al-Ma'muri, a political analyst and spokesman of the al-Uma, or Nation Party, which is secular, insisted federalism is a modern method of administration and the Iraqi experience has taught citizens that a centralised government does not work.

But he cautioned that “federalism should be based on geography and not sectarianism so as not to tear Iraq apart. If federalism is a seed leading to disunity, we don't want it."

Abid Faysal al-Sahlani, one of the few Sunni members of the National Assembly, said federalism was crucial to keeping the country together.

A member of the Patriotic Democratic Alliance List, al-Sahlani was not part of the 15-strong Sunni group involved in the constitution drafting committee.

Kurds and Shias have accused the Sunnis on the committee of being extremists who don’t represent the average Sunni.

Al-Sahlani says that he approves of the constitution formula for federalism, where two or more governorates can form an autonomous unit, saying this is key to “preserving the unity of Iraq”.

Political observers say they have a problem with clauses in the constitution that go against women’s rights. Although Islam is considered to be a “main source” for legislation instead of the “the main source”, which some religious Shia wanted, there are still elements that are deemed to undermine women’s rights.

The constitution says “no law may contradict Islamic standards”, for example, which some fear may lead to the abolition of the 1959 progressive personal status law governing civil legal issues, such as marriage, alimony and inheritance. The latter piece of legislation provided women clear rights and guarantees. “The personal status law was one of the best laws in the world,” said al-Ma'muri.

Dr Jamil Abdullah, an Iraqi professor of international law at Stockholm University, is concerned that some aspects of the constitution contradict Islam. He cites, for example, the charter’s ruling that parents are entitled to adopt illegitimate children, saying that Sharia makes no such provision.

Despite their concerns, observers said they believe most Iraqis will vote for the constitution in a referendum later this year. It could be scuppered if two-thirds of voters in three of Iraq’s 18 governorates vote against it.

"Iraqis will vote yes for the constitution because the constitution is for Iraqi people and each Iraqi is a part of this constitution," said al-Sahlani.

Al-Ma'muri said that if Iraqis have problems with parts of the charter then they can always try to change it in future.

"The constitution is legislation not the book of Allah," he said. “So it can be amended at any time."

Yaseen al-Rubai’i is an IWPR trainee in Baghdad.