By Hiwa Osman
The Washington Times March 2, 2004
Marathon talks in Baghdad that ended in the early
hours of Monday will go down in history for the
creation of a consensus-built road map that can lead
the country toward a modern democratic state.
The Fundamental Law passed by the Governing
Council lays out a new vision for the Iraqi state by
acknowledging individual rights without undermining
the special character of various ethnic and religious
groups -- Arabs, Kurds, Turkomans; Shia, Sunnis,
Christians and others.
The outcome surprised those who were expecting --
or even hoping for -- failure.
Iraqis outside the process say that the document
is a brave one. The ethnically and religiously diverse
nature of the country forced the various negotiating
parties to settle for less than what each group hoped
for but, significantly, created a workable framework
through which each feels recognized and respected.
Unlike the past, the new state is not to be built
on a foundation that pits one group against the other.
"It was on everyone's terms," says one Governing
Council member.
This fundamental law is seen by many as a turning
point in the history of the country, a move that will
herald a new culture of politics. The politics of the
past were extremist -- all or nothing. But this
weekend witnessed a remarkable spirit of compromise.
The compromises made by all groups will shape the
thinking of the Iraqi people because the outcome
illustrates that in politics, nothing is absolute. The
successful American-supervised negotiations struck the
death knell for the "all or nothing" principles that
have dominated Iraqi politics for decades.
The agreement on the transitional constitution
creates fertile common ground upon which a permanent
constitution can be hammered out in the next years.
A central element of the document is a bill of
rights that cannot be repealed by any future
legislation. The individual rights enshrined provide
the Iraqi people important assurances that, unlike the
bloody past, their human rights will not be undermined
by the political and economic interests of one group
at the expense of others.
Another noteworthy principle in the document is
the right to form federal regions from as many as
three existing governorates. This is particularly
important for the Kurds and Shia who were historically
marginalized by a powerful, highly centralized and
often racist and sectarian government.
Federalism will empower the people. It
acknowledges their ethnic and religious differences
and turns these differences into strengths by trusting
each group to run their own affairs while maintaining
larger political and economic ties with Baghdad.
This point is particularly significant for the
Kurds as it will allow them to maintain autonomous
control of their current region. In addition, they
will no longer be accused by the average non-Kurdish
Iraqi of being separatists. Other Iraqis will be able
to have similar control over their own affairs and yet
stay within the Iraqi state.
The recognition of Islam as "a source" of future
legislation was a hotly debated issue, but included in
the final draft. Some consider this a double-edged
sword. The wording could lead to a theocracy. But it
may also moderate hard-line Islamist groups when it
comes to writing future law. Although the document
provides that "no legislation shall be passed if it
contradicts Islamic tenets," it also clearly states
that laws made should conform to the principles of
democracy and the freedoms enshrined in the
Fundamental Law.
This clause gives moderate Islamists ammunition
with which they can fight more extremist elements by
showing that they too uphold Islamic values.
Despite all the positive elements in the document
and the way in which it was developed, a lingering
fear remains in the mind of many Iraqis. Some fear the
Fundamental Law could be repealed by those who come to
power in forthcoming elections, which the document
states will be held no later than December 2004.
International guarantees that this document will
remain in force until a permanent constitution is
written will assuage those fears.
Diverse ethnic and religions groups are the
building blocks of today's Iraq. Consensus will
continue to cement the blocks until a permanent
constitution is ratified by the Iraqi people.
Hiwa Osman is a Baghdad-based journalist.
