Despite demands by the United Nations for a timetable for the
restoration of Iraq's sovereignty, the Iraqi governing council is warning
it may take a year to finalise a constitution. There is no quick fix.
Pressure to move quickly could delay progress by exacerbating conflict and
undermining consensus between Iraqis.
The US state department set up its Future of Iraq project to assist
postwar planning. The democratic principles working group, on which I
acted as adviser to Iraqi opposition figures, foresaw many of the current
problems, including whether Iraq will be a secular or religious state,
choosing between a presidential or parliamentary system, and the role of
federalism.
At the 1992 Salahuddin conference, the Iraqi opposition made a
commitment to power-sharing via a federal parliamentary system. Federalism
has since underpinned plans to harmonise the competing claims of Iraq's
ethnic and religious communities. Some proponents of geographic federalism
envisage a Kurdish majority entity in the north, an Arab Shia state in the
south and a mixed Shia and Sunni state in central Iraq. This arrangement
is preferred by Kurds, who would abandon their dream of independence only
in exchange for a federal system allowing maximum autonomy. In the 1990s,
Kurds made the most of US and UK security guarantees and achieved de
facto independence. As America's wartime allies, Kurds expect at least
as much self-rule as before the war.
Critics claim federalism would exacerbate ethnic and religious
divisions and could lead to the break-up of Iraq. Some propose asymmetric
federalism, with more powers allocated to Iraqi Kurdistan. Others argue
this would accelerate fragmentation.
Satisfying the desires of ethnic minorities, such as Iraqi Turkmen and
Assyrians, is proving especially difficult. Though most Iraqi Turkmen
backed federalism, some now support a centralised system of governance.
Turkmen object to minority status in Iraqi Kurdistan and, if Iraq does
become a federal state, would probably seek a federal state of their own.
Turkmen strongly resist plans to make Kirkuk the capital of Iraqi
Kurdistan, insisting it is their own historic capital. Their position is
supported by Turkey, which has been accused of plotting the assassination
of leading Kurdish politicians.
Turkmen are also wary of Kurds controlling Kirkuk's rich oil reserves.
To tackle concerns that Kurdish control of the oilfields would create an
incentive for statehood, Kurdish leaders have proposed central government
control of Iraq's energy industry with proceeds distributed to the regions
based on a negotiated formula. To mitigate conflict, the constitution must
distribute revenues so that all Iraqis benefit from the country's vast
energy wealth.
Religion is another hot topic. While the 1925 constitution acknowledged
that most Iraqis are Muslim, it preserved freedom of worship. Radical Shia
clerics, such as Moktadar al-Sadr, have rejected America's role in
stewarding Iraq's constitution-making and demand that Sharia be enshrined
as the law of the land.
More moderate Shia leaders are prepared to work with the coalition.
They expect the US commitment to democracy will ultimately translate into
an electoral outcome empowering Iraq's Shia majority.
The Bush administration faces a conundrum. On the one hand, it seeks to
restore Iraqi sovereignty as soon as possible. On the other, it wants to
make sure Iraq's future leaders safeguard US interests. Before the war,
Pentagon civilians envisaged Iraq's secular democracy as a springboard for
transforming the Middle East. However, creating a secure environment for
Iraq's democratic development is proving difficult. Liberation has
unleashed forces that even America's mighty military cannot control.
Iraqis are a proud people determined to exercise their right to
self-determination. Manipulating the Iraqi-led process could undermine the
constitution's legitimacy and delay national elections. It could also
strain relations between the Coalition Provisional Authority and the
governing council that would, in turn, impede the transfer of sovereignty
to Iraqis.
The Coalition Provisional Authority must be patient. It can help by
co-ordinating contributions from the international community, which has
useful experience consolidating democracy in war-torn countries.
The writer is a senior fellow and deputy director of the Centre for
Preventive Action at the Council on Foreign Relations