http://weekly.ahram.org.eg/2005/758/op2.htm

AL Ahram Weekly Opnion.
1 - 7 September 2005


THE END OF ARAB IRAQ

The draft Iraqi constitution is set to break the country into three, pitching ethnic and denominational differences against each other and isolating Arabs, writes Abdallah Al-Ashaal*



The Iraqi constitution contains several provisions that have grave ramifications. The first article states that Iraq is an independent nation, thereby setting this constitution apart from others in this part of the world that emphasise the Arab character of the state. The article goes on to describe the system of rule as a democratic, federal, representative (parliamentary) republic. There is a lot packed into those four words alone. The centre of power is to reside in parliament, as opposed to the president as was the case before the occupation. More significantly, as a federal system considerable powers and control over resources will be dispersed on a regional/sectarian basis, leaving only scant powers to the central federal government. The wording of the provisions pertaining to Kurdistan in particular make it clear that the constitution aims to partition Iraq after having stripped it of its Arab character.

But more ominous provisions follow. Article 3 states that Iraq is "part of the Islamic world" -- another anomaly among all constitutions in the Arab and Islamic world. The notion of the Islamic world is a moral concept rather than a basis for relations between states, which could be more appropriately accomplished by stating that the nation is an Islamic state. Then to round things off, the article states that Iraq's "Arab people are part of the Arab nation." In effect, the constitution has divided the country into a large part that belongs to the greater Islamic world and a smaller part that has some affiliation to the Arab world. Otherwise put, it is as though the Shia of Iraq no longer regard themselves as Arab, just as the Kurds do not regard themselves as Arab.

Article 2 is a recipe for confusion. It states that Islam is "a basic source of legislation", as opposed to "the basic source". On the basis of this premise it lists a number of prohibitions that neither follow logically nor use precisely defined terms. It states, "no law can be passed that contradicts the fixed principles of Islam... the principles of democracy... [and] the rights and basic freedoms outlined in this constitution." The second paragraph of this article states, "this constitution guarantees the Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices."

There is no doubt that the American-designed draft Iraqi constitution is as wholeheartedly sympathetic to the Kurds as it is hostile to the Arabs, ridding Iraq of whose identity and influence was what really motivated the US invasion. If there is conflict between the Muslim and Arab character of Iraq, the authors of the constitution have made it clear how they want this conflict resolved: the majority of the population is Muslim but only a minority belong to the Arab nation. It would be a wonder if Iraq remains in the Arab League, as the constitution patently aims to isolate the country from its Arab environment and as the Arab League Charter stipulates that its members must be Arab states, a character that has cultural, linguistic and ethnic dimensions.

What is certain is that with this constitution, the US has scored an immense success, at great cost to itself, on behalf of Israel. It has totally fragmented Iraq and placed bitter realities before the Arab world.

If Iraq was divided on a sectarian basis, the number of Shia and Sunni Muslims would be roughly equal as most Kurds are of the latter sect. However, the constitution divides Iraq both on the basis of ethnic identity and denominational affiliation to the detriment of Arab Sunnis. If Iraqis do not reach the conviction that they are all first and foremost Iraqis, the country itself will degenerate into civil strife that will have far reaching regional repercussions.

Imagine for a moment what would occur if the federation collapses. Kurdistan would be vulnerable to assault from Turkey and Iran, which both share an interest in forestalling a national Kurdish revival. The Shia state would be almost immediately absorbed into Iran and the little Arab state that is left around Baghdad would be annexed to the Arab territories, which perhaps is precisely what American officials had in mind when they declared that they invaded Iraq in order to redraw the map of the region.

* The writer is former assistant to the Egyptian foreign minister .