This post is the result of a disagreement I had with Rob, Bat One, and 2hotel9 about the legitimacy of Iraq’s ‘democracy’ and its constitution. If they didn’t test me I wouldn’t have gone through any trouble, but I know my goddamn Poli Sci and I wasn’t going to take it sitting down. As 2Hotel9 puts it: “sparkle pacifist is gonna pee it’s panties”.
Rob said the following:
Of course, the government representatives elected by the people are all asking for the U.S. to stay.
and
The people of Iraq have their own sovereign government now.
and I replied
We left out the Sunnis. Anyone who knows anything about this stuff knows that a consociational or power-sharing government is the only option in an ethnically and religiously charged situation like Iraq. Its clear stability was not our goal when you take that into account.
See the original spat
here. What I said is true. What we have over there IS technically a democracy, but the Sunni minority has been excluded and much of the recent political history there can quickly explain why we will continue to see lots of violence in this ‘democracy’ until the Sunnis are included and all the citizens can be represented not only in the government, but
also in the constitution.
First,
I was right and you three were all wrong. Now the substance:
Iraq gained independence from Britain in 1932, and was claimed a Republic in 1958, even though it was nothing more than a series of military strongmen, the latest who was Saddam Hussein (Israeli, 6). Saddam Hussein represented the Sunni Muslim minority, a population which constitutes only 32% compared to the 65% of the Shiite majority, or the 15-20% comprised of the Kurdish minority (CIA Iraq, 3). Saddam Hussein’s regime was dismantled, not due to preventive negotiations like South Africa, but because the United States ousted Hussein’s regime over acclaimed non-compliance with the United Nations Security Council (Israeli, 7).
Following this, a Constitutional Drafting Committee was formed, and it was expected that they would finish the constitutional draft in time for the referendum on October 15, 2005( Morrow, 9).
Unfortunately, in August, the Committee was scrapped and a Leadership Council was formed with the Sunni representatives excluded from the negotiations. The draft was completed by the projected due date, and was put up to a national referendum on October 15, just as planned. The most contentious issues regarding issues like women’s rights, or how much power the regions should have, were left out of the negotiations (Phillips, 156). The draft would be nullified if two-thirds of three provinces voted against it becoming the permanent constitution (Harvard, 1205). So the Sunnis were excluded from the drafting of the constitution and then the majority (again excluding the Sunnis) voted it in.
As one might expect following Sunni exclusion from the Constitutional negotiations, the three provinces that heavily voted against it were Sunni dominated (1206). Two of the provinces, Salahudain and Anbar, voted 82% and 97% respectively against it. The third province, Ninevan, had a 55% vote against passing the draft, just barely missing the three provinces, two-third majority requirement. Even though this requirement was barely missed, Sunni opposition to the new constitutional framework was already beginning to show.
On December 15, 2005, the first parliamentary elections were held for the National Assembly. 128 seats out of 275 were won by the Shiites, the Sunnis took 44 and the Kurds 53 seats. The final constitutional framework that was passed, set up the institution of the legislature as divided into the Council of Representatives and the Council of Unions (Iraq Constitution 9-12). The Council of Representatives is elected by proportional representation for a four year term, and has the responsibility of electing the President, Prime Minister and Deputy President, by an absolute majority vote. Decisions on passing legislation are also made by the Council of Representatives, and only a simple majority vote is required. The Council of Unions is made up of representatives from the 18 provinces, and is responsible for looking over legislation that is directly pertinent to the provinces, but they have no veto power to stop legislation from passing (13). The Iraqi Central Bank, Financial Inspection Office, and the Media and Communications Agency are all responsible directly to the Council of Representatives (17).
The Iraq Constitution also mandates revenue sharing of all future profits made from oil, since oil and gas, under the new constitution, is seen as the property of all the Iraqi people (19). Revenues are to be distributed fairly all over the country.
Each province is to have their own President and National Council, which are to be directly elected, but in reality, the total amount of power each province has amounts to basically nothing more than jurisdiction over their police forces. Iraq’s Constitution calls for a majoritarian system for passing legislation and electing a President, which will have dire consequences on the minority population of the Sunnis.
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