Iraq: Don't Rush the Constitution

Amman/Brussels  |   8 Jun 2005

To help tackle the raging insurgency, Iraqis should give themselves six more months to draft their new constitution.

Iraq: Don't Rush the Constitution,* the latest report from the International Crisis Group, outlines the dilemma the country now faces: rush the constitutional process and meet the current deadline of 15 August 2005 to prevent the insurgents from scoring further political points, or encourage a process that is inclusive, transparent and participatory in an effort to increase popular buy-in of the final product. While there are down sides to delay, they are far outweighed by the dangers of a hurried job.

"Rushing the constitution would lead to either popular rejection of the document or to general apathy toward it", says Joost Hiltermann, Director of Crisis Group's Middle East Project. "Neither public sentiment would be at all helpful in establishing the foundations of the new institutions and overcoming Iraq's deep instability".

The Transitional Administrative Law (TAL) of March 2004 dictates the current deadline, but it has an escape clause to extend the drafting period by six months, to 15 February 2006. After many delays, the drafting of the constitution can now only meet the 15 August deadline at the expense of principles with which Iraqis can ill afford to dispense: inclusiveness, transparency and extensive public consultation, which ensure that the product is a durable compact from which future generations will benefit.

An inclusive constitutional drafting process, and in particular one that reaches out to Sunni Arabs, is essential to creating stability by reducing mistrust between communities. A participatory process creates an opportunity for public debate and dialogue to broaden the circle of input. By involving a wide range of actors, the constitutional drafting process can serve as a positive tool for peace-building and reconciliation,instead of perpetuating divisions and power struggles.

Iraq's drafting process should bring in even those who absented themselves on election day, and it should draw broadly on all sectors of society for input and comment. If the drafters knew today that they had eight months to finish the constitution instead of two, the necessary infrastructure and procedural mechanics could be put in place to make it happen within the new timeframe, integrating public outreach with their work.

If, however, Iraqi leaders produce a document exclusively through backroom bargaining, then even with a referendum they may not be able to win over the public decisively and wean support from the insurgency, especially in predominantly Sunni Arab regions.

"While hardcore elements in the insurgency would still need to be tackled militarily, a successful constitutional process would go a long way to help dry up support for the insurgents", says Robert Malley, Director of Crisis Group's Middle East and North Africa Program. "Conversely, failure to get the constitution right risks increasing popular discontent and swelling their ranks".