Delay Sought on Iraqi Constitution … NOT

BAGHDAD–Hah! That was inter­est­ing. Appar­ently there will be no delay after all, because the chair­man of the con­sti­tu­tional com­mit­tee, Sheikh Humam al-Hammoudi, appeared on Ara­biya this morn­ing say­ing the con­sti­tu­tion will be deliv­ered on time. So much for my pre­vi­ous post, but damn, the AP and oth­ers (for a while) sure seemed sure there would be a delay and when I called the embassy for com­ment, they didn’t sound very con­fi­dent and hedged all their comments.

It’s increas­ingly likely the Amer­i­cans, once they heard word of the pro­posed delay, kicked things into over­drive to head it off. The new ambas­sador, Zal­may Khalilzad, is known as charmer who’s will­ing to be an arm-twister when it’s needed, and I’m sure a few Iraqis walked out of his office yes­ter­day evening rub­bing their elbows and grimacing.

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Delay Sought on Iraqi Constitution

Accord­ing to the AP, the Iraqi Con­sti­tu­tional Com­mit­tee is seek­ing a 30-day delay in sub­mit­ting the Iraqi constitution:

Under the orig­i­nal dead­line, the National Assem­bly had until Aug. 15 to approve the char­ter and sub­mit it to a national ref­er­en­dum in mid-October. That for­mula was strongly sup­ported by the Amer­i­cans. But major dif­fer­ences remain among the eth­nic and reli­gious groups rep­re­sented on the committee.

This will be a seri­ous set­back to the Amer­i­can plans (if true, see below). I was told repeat­edly all through July that no delay was forth­com­ing and that the Iraqis should stick to the sched­ule because, a U.S. offi­cial told me, the Iraqis work best under pressure.

“We have con­sis­tently urged all mem­bers of the national assem­bly and the Iraqi gov­ern­ment to main­tain the time sched­ule out­lined in the TAL,” he told me in early July. “The press of time is always a fac­tor in Iraqi pol­i­tics,” he continued:

“It was in the Aug. 2004 con­ven­ing of the national con­fer­ence, it was again with the prepa­ra­tions for the elec­tions and par­ties hav­ing to make a deci­sion to reg­is­ter and run and their can­di­dates to run. And it will be again, with the con­sti­tu­tion. They work best when they’re under a time dead­line. It makes it harder, but it’s just the way diplo­macy is here.“

“The Amer­i­cans want to make a quick con­sti­tu­tion,” said Mah­moud Oth­man, Kur­dish mem­ber of the panel, adding that U.S. offi­cials were putting intense pres­sure on the drafters. How­ever, he cau­tioned: “They have a lot of expe­ri­ence in fast food, but they can’t make a fast constitution.“

(Heh. I love Mah­moud. I’ve some­times heard other reporters refer to him as “Mr. Dial-a-Quote.”)

So this (pos­si­ble) delay can’t be mak­ing any­one smile in the embassy today. Espe­cially because I was told by a high-level U.S. diplo­mat just yes­ter­day that there would be no delay. Fur­ther stick­ing a fin­ger in the eye of the Amer­i­cans, the issues gum­ming up the works–federalism and the role of religion–are the same issues that have been bedev­il­ing the process since the get-go. That means the March-to-July fran­tic behind-the-scenes work of the embassy to bro­ker a con­sen­sus has so far borne lit­tle fruit. And that fur­ther means the Amer­i­can influ­ence is less than most peo­ple think.

Although now that I think about it, my con­spir­a­to­r­ial mind comes into play. Per­haps every­one has been read­ing from the same song book–no delay, no way–only to spring the holdup on the Iraqi peo­ple at the last minute to make it look like the Iraqis have stood up to the Amer­i­cans, grant­ing the com­mit­tee more legit­i­macy among the peo­ple who think it’s all being run out of the embassy.

Cun­ning devils.

But assum­ing that isn’t the case, fed­er­al­ism is prob­a­bly the main stick­ing point. The Sun­nis don’t want any form of fed­er­al­ism because they say it will lead to the breakup of the coun­try, but it’s really because they don’t [want] the Kurds and Shi’ites to have oil-rich dis­tricts with con­trol of the rev­enues while they get the west­ern desert. I’ve been out there. It sucks. The Kurds, how­ever, say if they don’t get to keep what they have, and Kirkuk, to boot, there’s going to be a war.

The role of reli­gion has also been a prob­lem, with the reli­gious Shi’ite par­ties push­ing hard for Islam to be “the main source” of leg­is­la­tion and sub­or­di­nat­ing the rights of women to shari’ah. There are also some drafts of con­sti­tu­tions float­ing around enshrin­ing the Shi’ite clergy–the mer­jariyah, of which Grand Aya­tol­lah Ali al-Sistani is the pre­em­i­nent member–in a con­sti­tu­tional role, but I don’t think that will make it into the final draft.

I’m of two minds on the delay. On the one hand, I don’t think a 30-day delay will do much to build trust between the Kurds, Shi’ites and Sun­nis, which is the biggest prob­lem affect­ing Iraq these days. A month isn’t enough time for that. On the other hand, per­haps a delay will allow fed­er­al­ism and reli­gion to be crow-barred into posi­tion in the doc­u­ment and the trust will just have to come later. Inshal­lah.

[UPDATE 7:40:36 PM +0300 GMT: Well, well. AFP says non! to the delay, and Reuters says the panel is only “con­sid­er­ing” one. At the moment, the U.S. embassy isn’t com­ment­ing, but there’s sup­posed to be a press con­fer­ence tomor­row morn­ing. I’ve not seen a state­ment from the embassy com­ment­ing on the delay yet, so per­haps this thing will be headed off, after all. I’m sure the Amer­i­cans kicked it into high gear once the com­mit­tee sig­naled a will­ing­ness to hang the deadline.

[I should have explained it bet­ter above, but the dead­line for request­ing a delay is tomor­row. It’s pos­si­ble that they can ask par­lia­ment and the pres­i­dency coun­cil and have it denied. But if they don’t request a delay and can’t get the con­sti­tu­tion done by Aug. 15, par­lia­ment is dis­solved and new elec­tions must be called. So the stakes are pretty high.]

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Splitting up Iraq?

Here’s the lat­est entry on the con­sti­tu­tional wran­gling. Many of the Sun­nis on Iraq’s Con­sti­tu­tional Com­mit­tee “are opposed to any­thing other than a highly cen­tral­ized government”:http://www.time.com/time/magazine/article/0,9171,1083936,00.html, which the Shi’ites and Kurds are equally opposed to. The Sun­nis see decen­tral­iza­tion, which is called “fed­er­al­ism” here, as a pre­lude to par­ti­tion­ing. The Kurds, how­ever, say if there’s no fed­er­al­ism, there’s going to be war.
I tell you, at some point Iraq’s Arabs are finally going to get fed up with the Kurds and their demands and tell them not to let the door hit them on their way out. Which, of course, would suit most Kurds just fine.

Iraq’s rush to Failure

An op-ed in yesterday’s New York Times gets it pretty close to exactly right.

If the nascent gov­ern­ment is able to devise a con­sti­tu­tion by mid-next month, then they’re prob­a­bly miss­ing the point. A con­sti­tu­tion can­not be writ­ten in a few weeks by a hand­ful of politi­cians at a con­fer­ence table; cre­at­ing a found­ing doc­u­ment requires the long ordeal of reach­ing polit­i­cal com­pro­mise and build­ing trust. Given the inten­sity of con­flict in Iraq, it is unlikely that broad polit­i­cal con­sen­sus can be achieved any time soon.

What Iraqi politi­cians need more than any­thing right now is to learn to trust each other. If the Sun­nis remain con­vinced they’ll never get a decent shake under Shi­ite rule, why shouldn’t they fight? If the Kurds believe they’re bet­ter off with­out the rest of Iraq, why not let the coun­try fall apart? If the Shi­ites think they will never be able to rule the coun­try peace­fully, why shouldn’t they do what they can to rule by other means?

At the moment, I’m cau­tiously opti­mistic, as there seem to be some move­ment by all three groups. The Iraqis are grop­ing for trust in the fog of war, and it would be too easy to sim­ply give up. Thier, direc­tor of Stanford’s Project on Failed States, advises Iraqis to take the six-month delay allowed to them under the Tran­si­tional Admin­is­tra­tive Law, and that’s not a bad idea. I know some mem­bers of the com­mit­tee and its sub­com­mit­tees are grum­bling that the time­lines laid out in the TAL–Aug. 15 approval, Oct. 15 ref­er­en­dum and a Dec. 15 national election–are more in America’s inter­ests than Iraq’s, so why not a delay?

If Iraq’s lead­ers end up with a con­sti­tu­tion that looks good on paper but doesn’t reflect a real polit­i­cal agree­ment, they will have failed. Not only will the doc­u­ment be inef­fec­tive, but the Iraqi peo­ple will see the inabil­ity to reach a real com­pro­mise as a fail­ure of the gov­ern­ment as a whole. That way lies civil war.

Peo­ple in the Iraqi gov­ern­ment and the U.S. embassy have all told me that the con­sti­tu­tion is key to end­ing the insur­gency, although they seem to dif­fer on the time­frame. But the major­ity of those fight­ing this insur­gency, Ba’athists and for­mer regime guys, have never shown a fond­ness for con­sti­tu­tion­al­ism before. The Ba’athists have launched two coups since 1958, and might be plan­ning a third, so sim­ply hav­ing a new national char­ter is not going to get these guys to lay down their arms. The jihadis will never stop fight­ing because for them, the fight is the vic­tory and mar­tyr­dom a bonus. What’s the alter­na­tive, though? The insur­gency is not going to be defeated mil­i­tar­ily because the very actions used to “kill bad guys,” as the mil­i­tary likes to say makes more “bad guys.” At the moment, the polit­i­cal process is all that’s left.

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Six Weeks to Go!

BAGHDAD–With six weeks to go (more or less) until the Aug. 15 dead­line for turn­ing in their Con­sti­tu­tion home­work, Shi’ites and Sun­nis have finally agreed that there will be some Sun­nis on the Con­sti­tu­tional Com­mit­tee beaver­ing away on the draft of the country’s charter.

There will be 15 Sun­nis on the com­mit­tee, picked mainly by tribal sheikhs and other respected men, and another 10 Sunni “advi­sors” to the com­mit­tee, account­ing for almost 36 per­cent of the 70-person com­mit­tee. (There are sev­eral sub­com­mit­tees work­ing away on spe­cific sec­tions of the draft, but I don’t have any data on those bodies.)

This is a sig­nif­i­cant step, and don’t let naysay­ers tell you oth­er­wise. Most sig­nif­i­cant, per­haps, is the will­ing­ness of a hard­line Shi’ite cleric, Humam al-Hammoudi of the Supreme Coun­cil for Islamic Rev­o­lu­tion in Iraq, to tamp down anti-Ba’athist sen­ti­ment among the Shi’ites and Kurds on the com­mit­tee and, in essence, let bygones be bygones. At least as far as the makeup of the com­mit­tee goes.

“If we were talk­ing about min­istries, names might be more impor­tant,” he said, as quoted by the New York Times. “But since it’s a com­mit­tee, hav­ing the views is more impor­tant than the names.“

I’ve talked with oth­ers, close to Iraqi Prime Min­is­ter Ibrahim Jaa­fari and other Shi’ite movers and shak­ers, and they’re of the same mind. Some of these men are optimistic–such as the advi­sor to the prime min­is­ter I spoke with–while oth­ers are not. One influ­en­tial Shi’a leader, who never fled Iraq dur­ing the Sad­dam years doesn’t think the con­sti­tu­tion will be done on time. The other Shi’a leader, who did, is con­cerned that the dead­line will be met, but the out­come will be less than desirable–at least for sec­u­lar Iraqis.

(I’m not men­tion­ing names because that was the deal I made with them. I hope you’ll trust me enough that these men are play­ers, they know what they’re talk­ing about and that they’re close to the action.)

There are a num­ber of obsta­cles to mak­ing the Aug. 15 dead­line, how­ever. They are:

  1. The role of Islam in legislation;
  2. The sta­tus of Kirkuk;
  3. How much auton­omy will be given to the provinces.

These were all pre­dicted long ago, and noth­ing new has devel­oped the change the issues con­fronting Iraq. The reli­gious Shi’ites in charge of the government–Prime Min­is­ter Ibrahim Jaa­fari, Abdul Aziz al-Hakim and others–are close to Iran and want a more Islamist gov­ern­ment, maybe not as severe as Tehran’s wilayat al-faqih, but cer­tainly more Islamic than Iraqis are used to. They want Islam to be the source of leg­is­la­tion instead of a source of legislation.

The Kurds are, some­what pre­dictably, throw­ing a span­ner in the works by insist­ing that sta­tus of Kirkuk be set­tled before the con­sti­tu­tion is drafted, while the Shi’ites want to put off the idea until after the con­sti­tu­tion is approved. The trou­ble is, the Kurds won’t approve the con­sti­tu­tion in the sched­uled Oct. 15 ref­er­en­dum if Kirkuk is left up in the air. They don’t really trust Iraq’s Shi’ite and Sunni Arabs to deal with them fairly on this emo­tional issue, so they’re hold­ing out the threat of not approv­ing the con­sti­tu­tion as a cud­gel to get their way now. Which is what they always do, and it leads to some seri­ous brinkman­ship. I sus­pect the Amer­i­cans will step in at some point and assure the Kurds they have their back if they’ll just yield on this issue.

And as for auton­omy, oh boy. This is a hot issue, and there’s a new wrin­kle. Sec­u­lar Shi’ites in the south, led by a Baqr Yassin, have started a push toward mak­ing the south­ern three provinces of Basra, Amara and Nasariyah into an autonomous zone called “Sumer,” sim­i­lar to the arrange­ment the Kurds have now. He’s call­ing for local con­trol of resources–including the vast oil reserves there–and some kind of con­trol of mil­i­tary units in the region. Grand Aya­tol­lah Ali al-Sistani and the Jaa­fari crowd are opposed to such an idea, say­ing such a devel­op­ment would pose a threat to the unity of Iraq.

There are three other rea­son for their oppo­si­tion: Turkey, Syria and espe­cially Iran. A fed­eral Iraq, with strong provin­cial gov­ern­ments based on eth­nic or sec­tar­ian lines is seen as a threat in those three coun­tries who all have restive Kur­dish pop­u­la­tions that have been han­ker­ing for autonomous regions of their own in line with Iraqi Kur­dis­tan. Iran, espe­cially, would face a dif­fi­cult situation–well, dif­fi­cult for the mullahs–because it’s incred­i­bly diverse. Per­sians make up 51 per­cent, Azeri 24 per­cent, Gilaki and Mazan­darani 8 per­cent, Kurds 7 per­cent, Arabs 3 per­cent, Lur, Baluch and Turk­men 2 per­cent each and “other” make 1 per­cent. If “Sumer” became a real­ity along­side an autonomous Kurdistan–each with their own sources of petro-wealth–the Arab pop­u­la­tion of Khuzes­tan just across the Persian/Arabian Gulf would likely try to join them or form their own eth­nic enclave. You’re look­ing at a sce­nario of a Balka­nized Mid­dle East.

The ques­tion you have to ask is why are sec­u­lar Shi’ites push­ing for Sumer? And why is Baqr Yassin, a for­mer Ba’athist opposed to Sad­dam Hus­sein and allied with the Syr­ian branch of the party, the man to lead the move­ment? Because the sec­u­lar Shi’ites in the south are scared to death of Iran and its suf­fo­cat­ing brand of Islam. Already Basra, which I’m told used to be quite a party town, is pop­u­lated by black-sheathed women and no liquor stores, cin­e­mas or any­thing else sec­u­lar Iraqis enjoy. Mili­tias such as the Badr Organization–formerly com­manded by al-Hakim, now head of SCIRI–which fought along­side the Iran­ian Rev­o­lu­tion­ary Guards in the Iran-Iraq War (198088) con­trol the cops. Free­lance vice and moral­ity squads roam the streets. And this is all at the urg­ing of Iran, which has deeply infil­trated its neigh­bor. The old Ba’athist Yassin is fight­ing the Iran-Iraq war all over again–as are many of the Ba’athist insur­gents who strike at Jaafari’s Shi’ite gov­ern­ment because, they say, “It’s Iran­ian.” And it’s why Adnan al-Dulaimi, the cus­to­dian of Iraq’s waqf and who claims to speak for sev­eral insur­gent groups, calls for Sunni par­tic­i­pa­tion in Iraqi pol­i­tics so they can com­bat shu’ubiyyah, a racist term favored by Ba’athists that basi­cally calls Iraqi Shi’ites “Persians“–although “dirty Per­sians” might be more accu­rate in its inter­pre­ta­tion. This has enraged my Shi’ite sources.

I can’t speak to the truth of such charges. I believe that Iran is deeply, deeply involved in a great deal of mis­chief from the head of the Gulf all the way up to Bagh­dad. But men who have to know what is going on because they can get killed if they don’t are wor­ried about the future, and what kind of coun­try Iraq will become.

In end, it may not mat­ter who’s on the com­mit­tee to write the con­sti­tu­tion if the three main groups can’t see past their self-interests–or their patrons’.