Constitutional Reform in Iraq: Improving Prospects, Political Decisions Needed

By Neil J. Kritz, Sermid al-Sarraf, and J Alexander Thier

September 2007

U.S. and Iraqi politicians and analysts consistently agree on one central point concerning Iraq: serious political reconciliation amongst Iraqi groups is needed to reduce the violence and create a viable government. Centrifugal forces fueled by armed conflict, competition for power and resources, and the intervention of foreign powers and neighbors has stalemated the political process in Baghdad for months.

Several key benchmarks of political progress are tied to the ongoing constitutional reform process. In accordance with Article 142 of the constitution adopted by referendum in 2005, the Council of Representatives (COR) established a Constitutional Review Committee (CRC) in late 2006, responsible for proposing amendments to that document. The principal reason for this constitutional review so quickly after adoption of the new constitution was to provide Sunni negotiators an opportunity to engage in the process of constitutional design from which they felt they were excluded in the prior round—the 2005 constitution is mainly a Shia-Kurdish compact. The CRC has 29 members representing the political blocs in the parliament, 13 of whom served on the committee that drafted the 2005 constitution.

On May 22, the CRC submitted its report to the Council of Representatives (COR), proposing dozens of amendments. Given the sectarian tensions in the background of this process, it is notable that Sunni members on the CRC have indicated that they achieved the majority of amendments they were seeking and are inclined to urge their party leaderships to support the proposed package of constitutional revisions.

What is needed now is a top-level decision to move ahead with amendments in as many areas as possible. Without that, improved prospects may never be realized and the constitutional revision process will—like so many other things in Iraq—fall victim to stalemate and uncertainty.



Rest here: http://www.usip.org/pubs/usipeace_br...form_iraq.html