Iraq: Iraq's Governing Council is debating an interim basic law, or constitution, with the aim of approving a final text by the end of this month, writes Michael Jansen in Nicosia
The basic law is being drafted by a council committee headed by Dr Adnan Pachachi, and is secular and more liberal than constitutions in most other Arab states.
The draft, published in the Kuwaiti newspaper al-Qabas, and translated by Dr Nathan Brown, a specialist in Arab constitutions from the faculty of George Washington University, defines Iraq as a "federal" country that is "united".
During the transitional period a large degree of autonomy is to be granted to the three majority Kurdish provinces, which have enjoyed self-rule since 1991. The law states that Iraq is an "independent state, possessing full sovereignty". It is to have a pluralist, parliamentary political system. Arabic and Kurdish are to be the official languages.
The central authority, located in Baghdad, will set foreign, defence, monetary and economic policy, and regulate citizenship.
Islam is to be the "official religion and shall be considered a basic source amongst the sources of legislation". While the "Islamic identity of the majority of Iraqis" should be respected, there should be freedom of religion for other sects.
Iraqis are to be "equal in rights and duties" and considered "equal before the law" irrespective of "sex, nationality, sect and race." Public and private freedoms of assembly, expression and organisation are to be "sacrosanct". Iraqis will have the right to strike and demonstrate within the law.
Torture is banned. The army will not be permitted to intervene in politics. There is to be a clear separation of powers among the executive, legislative and judicial branches of government.
The "transitional national assembly" will be chosen by unelected provincial committees. The president and the cabinet comprise the executive. The cabinet is to be appointed by the president and approved by the assembly. Members of a constituent commission will be elected by the end of March 2005 to draw up a permanent constitution so that parliamentary elections can be held by the end of the year and a new, democratic government formed.
The draft has already generated heated discussion. The Kurds would like their claim to the oil-rich Kirkuk region recognised while some Islamists insist Muslim canon law, sharia, should be the law of the land.
Conservatives argue that women cannot be granted equality with men and dismiss a proposal leaked to the press that women, who account for 58 per cent of Iraq's population, could be granted 40 per cent representation in government.
The main problem between the council and the Iraqi people is the mechanism for forming the "transitional legislative authority". Dr Pachachi's committee simply adopted last November's plan for selection of the assembly through unelected caucuses in which the council and the US will play key roles.
This plan has been repeatedly rejected by Ayatollah Sistani, who demands popular consultations on all documents and candidates for office. Another highly controversial provision stipulates that the Governing Council should conclude by the end of March 2004 a security agreement that will permit US forces to remain in Iraq after the occupation regime is dissolved.
Finally, the draft does not state how the president should be chosen. Some council members insist there should be a three-man presidency council, made up of a Sunni, a Shia and a Kurd; others suggest a five-man council, bringing in other groups.