Thu, Feb 05, 2004 - Page 6 News List

Iraq draft interim constitution sparks critical debate

AP , BAGHDAD

Presidency

The presidency, presumably comprising a Shiite, a Sunni and a Kurd, will name a Cabinet whose members must be confirmed by the legislators before taking office, he said.

The draft states that Islam is the official religion of Iraq and cites Islamic Sharia laws as a primary source of legislation. This already has been contested by council members affiliated with religious parties and who want Sharia to be the "sole" basis of laws.

The dispute over the role of Islam cuts to the heart of politics in post-Saddam Hussein Iraq where Shiite clerics and, to a much lesser extent, their Sunni counterparts play a key role. Al-Sistani's demands, for example, already has forced Washington to drop one political plan for Iraq. His demand for early elections looks set to force Washington's hand again.

abandoned

The draft constitution replaced one presented in December by the five Kurdish members of the 25-seat Governing Council.

It was later abandoned in favor of a draft put forward by Pachachi's aides. The sources said the earlier draft contained what others on the council saw as excessive guarantees to protect Kurdish autonomy.

Kurdish council members argue that leaving the question of autonomy, which has been in force under US protection since 1991, to be settled in the permanent constitution is an evasive tactic designed to undermine the de facto independence they have enjoyed for close to 13 years.

"I say `yes' to federalism, but only on geographical basis," said Sunni council member Samir Shakir Mahmoud. "Federalism based on ethnicity takes us down a slippery road."

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