CIAO

CIAO DATE: 10/05

Iraq: Don't Rush the Constitution

June 8, 2005

International Crisis Group

Abstract

The next stage in Iraq's political transition, the drafting and adoption of a permanent constitution, will be critical to the country's long-term stability. Iraqis face a dilemma: rush the constitutional process and meet the current deadline of 15 August 2005 to prevent the insurgents from scoring further political points, or encourage a process that is inclusive, transparent and participatory in an effort to increase popular buy-in of the final product. While there are downsides to delay, they are far outweighed by the dangers of a hurried job that could lead to either popular rejection of or popular resignation to a text toward which they feel little sense of ownership or pride.

The Transitional Administrative Law (TAL) of March 2004 dictates the pace and process of constitutional drafting and adoption. According to its terms, drafting must be completed no later than 15 August 2005 and the text put up for popular referendum by 15 October, with elections for a full-term assembly to follow by 15 December. If successful, this process may go a long way in drying up support for the insurgents. Conversely, failure to get the constitutional endeavour right risks increasing popular discontent and swelling the ranks of the insurgency.

Full text (PDF format, 22 pages, 483.5 KB)

 

 

 

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