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01 March 2004

Powell Welcomes Adoption of Iraqi Interim Constitution

Secretary of State calls it "a major achievement"

By David Shelby
Washington File Staff Writer

Washington -- U.S. Secretary of State Colin Powell welcomed the Iraqi Governing Council's (IGC) adoption of an interim constitution March 1, saying, "This is a major achievement, only a day late, which I think is terrific."

The secretary's comments came in a televised interview with Hannah Storm on CBS's "Early Show."

The IGC issued a press release March 1 stating, "The Governing Council has approved unanimously early this morning the Transitional Administration Law after weeks of intensive discussions. The Law will be unveiled in a special ceremony on Wednesday 3rd March, in the presence of the President of the Council, Dr. Muhammed Bahrululum, and other Governing Council members."

The document is designed to provide an interim legal framework for the Iraqi government following the June 30 handover of sovereignty from the Coalition Provisional Authority (CPA) to an interim Iraqi authority.

The document will presumably be replaced by a permanent constitution following national elections, which are expected to be held in late 2004 or early 2005.

The interim constitution is the product of intensive negotiations between council members representing Iraq's various interest groups. It addresses a number of contentious issues including the role of Islamic law in Iraqi jurisprudence and the status of women in the political and legislative process.

According to the interim constitution, Sharia law will serve as "a source" of legislation. The document also affirms that legislation cannot infringe upon the tenets of Islam. At the same time, it affirms that legislation cannot infringe upon the bill of rights.

Responding to a question from Matt Lauer on NBC's "Today Show," Secretary Powell said, "This is a good solution. Islam is the state religion, and it is a source, one of them, not the only one."

He continued, "I think that the Iraqi people and all the parties represented in Iraqi society understand that they have to find a way forward, that understands that Islam is the state religion but it cannot be the only basis of law."

The interim document also says that 25 percent of the seats in the interim legislature should be filled by women. This provision is a goal, not a specific quota, and falls short of the demands of some Iraqi women's rights activists, but it represents an unprecedented statement of support for women's political participation in the Arab world.

The document also allows for the Kurdish pesh merga militia to retain its arms as part of a national militia. The pesh merga will remain under the control of regional Kurdish authorities.

The interim constitution will have to be ratified by CPA Administrator Paul Bremer. When asked whether Bremer is likely to approve the document, Secretary Powell indicated that he had been in contact with CPA officials and said, "I expect he will."

(The Washington File is a product of the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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