Iraqis Give Up On Constitution Compromise

by Mohammed Amin Abdulqadir

(IPS) ARBIL -- Iraqi political factions have not been able to work out an agreement on a new constitution despite extended deadlines and growing U.S. pressure.

Late Monday Shiite groups announced an agreement with Kurdish leaders. But Sunni leaders denied a deal, and Kurdish leaders declined comment.

Given the sharp differences over fundamental issues, leaders involved in the negotiations have become increasingly pessimistic that there will be a breakthrough.

"It's really impossible that talks would reach a final result in the remaining time since the views are so far from each other," Falakaddin Kakayee, 62, a top Kurdish negotiator told IPS from Baghdad.

"Shiites are pushing for a religious state with a lot of restrictions on individuals, women and minority rights," he said. "The issue here is not just Kurdish demands. Basic freedoms and democracy are at stake."

The Iraqi National Assembly (INA) had unanimously voted last Monday to extend the deadline by another week. But after another week of talks the leaders from different groups were still talking differences.

The latest talks have mainly been between Shiite and Kurdish leaders after members of the Iraqi constitutional panel failed to finalize a draft agreement ahead of the first Aug. 15 deadline.

Conflicting statements have emerged over the points of disagreement. But major differences have arisen around such basic issues as federalism, the distribution of natural wealth, the role of Islam in state affairs and women's rights.

Iraqi Kurds demand a large degree of autonomy for their areas, and want Kurdistan in the north to be considered a single administrative unit in a constitution. They also want a substantial share of the natural wealth in their region. Shiite and Sunni Arabs see this as preparation for secession.

But Shiites want something similar. Earlier this month Abdul Aziz al-Hakim, leader of Iraq's largest Shiite party, the Supreme Council for Islamic Revolution in Iraq, told a mass gathering of his followers in Najaf that "establishing a Shiite federal region in the southern part of Iraq is necessary and is a public demand."

The remark provoked a strong reaction from Iraq's Sunni minority, who have ruled the country since its foundation in the early 1920s until the fall of Saddam Hussein's regime in 2003. They consider calls for such federalism both by Kurds and Shiites as signs of a break-up of the country.

Another danger sign is the differences over Islam. During the drafting of the interim constitution in March 2004, Shiite religious parties acceded to a provision that would set Islam as just one of the sources of legislation. But this time they are asking for Islam to be the principal source of Iraqi law.

That demand has run into tough resistance from Kurds and other secular forces. Iraqi women's groups have held mass demonstrations against the Shiite proposals.

"This is the biggest violation, and a blow not only to the rights of women but to all Iraqi individuals because it restricts individual liberties and creates gender discrimination," Khaman Zirar, 31, an activist and a member of the Kurdistan regional parliament told IPS.

A senior official of the Kurdistan Democratic Party led by Massoud Barzani has warned of the possibility of "Kurds resorting to the option of dissolving the INA" if talks do not lead anywhere.

"For several days talks between Iraqi political leaders are intensively going on, yet instead of progress we have witnessed setbacks regarding some issues," he said in a statement.

He also denied reports that Kurds have given up the option of self-determination. The concept of respecting the constitution is liable to different interpretations, he said.