Iraqis go to the
polls on October 15 to vote in a national referendum on a proposed
constitution, which was modified in a last-minute agreement aimed
at boosting Sunni Arab support for approval. The U.S.-brokered
agreement is designed to help defuse the opposition of Iraq's Sunni
Arab minority to the draft constitution written primarily by the
Shiite Arab and Kurdish political parties that dominate Iraq's
transitional parliament. The new accord makes clear that the
constitution is not written in stone but in slow-drying cement that
Iraq's next parliament can modify. This may encourage Sunni Arabs,
who form the backbone of the ongoing insurgency, to accept the
constitution, participate in the upcoming elections for a new
parliament, assume a greater role in Iraq's next government, and
reject the siren song of insurgent groups who can offer them little
but unending violence.
If the
constitution is approved as expected in Saturday's vote, the way
will be cleared for national elections on December 15 for a new
parliament. (If the constitution is voted down, the new parliament
will write a new constitution that would be put before voters in
another referendum.) Sunni Arabs, who make up about 20 percent of
Iraq's 26 million people, are underrepresented in the transitional
parliament, with only 17 of 275 seats, because many of them
boycotted the January 2005 elections or were deterred from voting
by the insurgents' threats of violence.
To attract greater
Sunni support, the draft constitution was modified in four
areas:
- The key change is
a provision for a commission in the next parliament that could
propose revisions to the constitution. The commission's proposals
would be subject to a vote of the full parliament and then approval
in another national referendum. This would assure Sunnis greater
influence over the final text if they fully participate in the
coming elections.
- Inserted into the
first article of the constitution is the statement, "This
constitution is a guarantee for the unity of Iraq." This addition
is meant to address concerns over the federalist system defined in
the document, which many Sunnis believe goes too far in devolving
government authority to autonomous regions, a possible prelude to
the dissolution of Iraq. The Sunni criticism of federalism also is
based on a lightly-veiled fear that Shiites and Kurds will carve
out autonomous regions and gain control of Iraq's immense oil
resources, the bulk of which are distributed in the predominantly
Kurdish north and the predominantly Shiite south.
- Two clauses were
added to clarify that former members of Saddam Hussein's Baath
Party can be prosecuted for crimes, but not merely for party
membership, and to give a parliamentary committee the power to
supervise "de-Baathification" to "ensure justice, objectivity, and
transparency." These additions are designed to assure anxious
Sunnis, who dominated the Baath Party, that de-Baathification does
not become a smokescreen to exclude them from power.
- A new clause
requires federal and official organizations in Kurdistan to
consider Arabic, alongside the Kurdish language, as an official
language. This is meant to assure Sunni Arabs that they will not
become second-class citizens in a country that they have long
dominated.
Although the
agreement on these four changes is a welcome step forward if it
leads to greater national unity, it is unclear if the Iraqi Islamic
Party, a leading Sunni political organization that negotiated the
deal, can deliver greater Sunni support for the compromise. Rival
Sunni groups, such as the Association of Muslim Scholars and the
Iraqi National Dialogue Council, continue to call for Sunnis to
vote against the constitution. Today the Iraqi Islamic Party's
headquarters building was bombed by insurgents who seek to maintain
their grip on Sunni politics through a reign of terror.
Despite these
signs of continued discord among Sunni groups, the constitution is
likely to be approved in Saturday's vote. Shiites, who make up at
least 60 percent of the population, strongly support the document.
Kurds, who make up 15 to 20 percent of the population, are also
expected to vote to approve it, although many Kurds have
reservations about losing the extensive autonomy that they now
enjoy. Given the expected majority vote to approve the constitution
at the national level, two-thirds of voters in at least three of
Iraq's eighteen provinces would have to vote against it to block
approval. Sunnis form the majority of voters in four provinces, but
those most likely to oppose the constitution are also most likely
to boycott the referendum.
A successful vote
is unlikely to have an immediate impact on the intensity of
insurgent violence. Regardless of the outcome, insurgents are
likely to escalate their attacks in the run-up to the December 15
elections. And Baathist diehards and Islamic radicals will continue
to fight on, even if many Sunnis opt to join a new government,
because they seek to impose their own brand of dictatorship on
Iraqis. Nonetheless, the approval of the constitution and the
participation of more Sunnis in the next government would have a
positive long-term effect in draining away support for the
insurgency.
Ultimately, the
referendum alone will not make or break Iraq. The real test is
whether a sustainable national consensus can be created to
effectively share power and enforce the constitution. As two
constitutional scholars recently concluded, "It will work if Iraqis
are determined to make it work."
A successful vote on the constitution would encourage Sunnis to
join the political process and thus help unite Iraqis and weaken
long-term support for the insurgency. Approval of the constitution
would signal that Iraqis have passed another important milestone on
the difficult road to establishing a stable democracy.
James Phillips
is Research Fellow in Middle Eastern Studies in the Douglas and
Sarah Allison Center for Foreign Policy Studies, a division of the
Kathryn and Shelby Cullom Davis Institute for International
Studies, at The Heritage Foundation.