16 August 2005
Iraqi Constitution Drafters Agree on Major Issues, Khalilzad Says
Key sticking points include federal structure, control of resources
Members of the Iraqi constitutional committee have reached agreement on most of the key issues at stake in Iraq’s new national compact, but need additional time to settle matters related to federalism and the control of the country’s natural resources, according to U.S. Ambassador to Iraq Zalmay Khalilzad.
Khalilzad conveyed that message in interviews in Baghdad August 16 with CNN, CNN International, Fox News and MSNBC.
“There is agreement on the rights of Iraqi citizens, including women. There is agreement on the structure of government, the President and Prime Minister, the role of the assembly. There is agreement also in regard to the role of Islam,” Khalilzad told CNN International. “There are a couple of issues that need to still be agreed on in detail, although in principle there is agreement. One has to do with the issue of federalism,” he added.
Unable to meet the August 15 deadline to complete a draft constitution, the constitutional committee requested and received, by unanimous consent of the Transitional National Assembly, a seven-day extension to complete its work.
Federalism and the distribution of resources between the central and regional governments are among the primary issues still under discussion. This is a particularly important issue for Iraqi Kurds, who seek some degree of autonomy through a Kurdish regional government.
Khalilzad said that there is broad agreement about maintaining central government control over known oil reserves, but he said the Kurds would like to have some control over future exploration and development of oil resources in their region.
“How much of the oil resources of the Kurdish area should be controlled by the local government in terms of contracting, management and revenues, and how much by the central government?” he asked in an interview with Fox & Friends. “There is more of a discussion about potential oil discoveries with regard to the future. There is a good discussion going on now as to what the options are.”
Khalilzad said that the current discussions are a healthy sign for Iraq. “[W]e should be pleased that these issues are being engaged in this fashion rather than what used to be the traditional method in Iraq where, you know, one dictator got up and said this is the way we are going to do things,” he said.
The ambassador expressed confidence that the negotiators would reach an agreement on the remaining issues in the time allotted -- “not an agreement that will please everyone, but will please most of those who are participating; and an agreement that will be a good agreement.”
He said, “It's important that they get it right, that there is as broad a buy-in as possible and that this is right not only in terms of the broad principles but also that it's right in details.”
The constitutional committee now has until August 22 to submit its draft proposal to the Transitional National Assembly. Iraqi voters are scheduled to pass judgment on the document in a national referendum October 15. If approved, the new constitution will serve as the basis for a new round of national elections December 15.
Following are transcripts of Khalilzad’s interviews on Fox, CNN International, MSNBC and CNN:
(begin transcript)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
August 16, 2005
INTERVIEW
U.S. Ambassador to Iraq Zalmay Khalilzad
On Fox & Friends
August 16, 2005
Washington, D.C.
QUESTION: U.S. Ambassador to Iraq Zalmay Khalilzad joins us from Baghdad. It's great to have you back with us. Thank you.
AMBASSADOR KHALILZAD: Good to be with you. Good morning.
QUESTION: Good morning. What exactly happened at the last moment? What were the sticking points?
AMBASSADOR KHALILZAD: Well, there were a couple of sticking points. I have to say first that Iraq is in the middle of a war by terrorists against them, are trying to put a national compact together, bringing various communities to agree on a roadmap for the future. That is absolutely necessary for the success of this nation.
Tough issues on the table. They had agreement on most things. A couple of issues that remain, one having to do with the powers between the president and the prime minister. That's the system that they are going for. Another having to deal with the issue of resources in a federal structure, how much central control, how much regional control. And there was also some procedural issues about the quality of the writing and the document. They needed more time. They could have declared prematurely that they have an agreement. They decided not to do that. The option was available to them to ask for more time, a legal option and exercise it. It's perfectly understandable they have lost some time in any case because of the sandstorm here.
I think the system has worked. It followed the right process and procedures. We are disappointed, but you know, it's an important thing for the Iraqis to get this right. We don't do constitutions every day. And they will succeed. They need a few more days. Perfectly, perfectly understandable.
QUESTION: Do the committee members understand what the reaction will be in the United States if they adopt Sharia Law as the law of the land?
AMBASSADOR KHALILZAD: They will not adopt Sharia as the law of the land. That issue has been resolved. There is no dispute about that.
QUESTION: So women will have equal rights?
AMBASSADOR KHALILZAD: Iraqis -- women will have equal rights. That issue has been resolved.
QUESTION: Okay, I was unaware of that because all the reports that we had gotten was that that was still something that had to be worked out. But you say that it has been done.
All right. What about the status of Shiite clerics? That was another thing that people had said had not been worked out, that the Shiites wanted a special status for clerics. What does that mean and is that issue still on the table?
AMBASSADOR KHALILZAD: As of now, that issue has also been resolved. There will be no reference to a special status for the Shiite clerics or for any other clerics. So it was part of the discussion, it did exist in one of the earlier drafts, but as of now that issue has been resolved as well.
QUESTION: What about the autonomy that the Kurds want? There had been a suggestion that they stay within this federation for eight years and then, at the end of eight years, have the option of becoming its own entity. Is that something that would be possibly viable?
AMBASSADOR KHALILZAD: I don't believe that there is a clause in the current draft with regard to independence for the Kurds. The Kurds want to be part of Iraq but they want to be part of a federal and democratic and pluralistic Iraq with specified powers exercised by the Kurdish government and legislature. And there is broad agreement among the people who are writing the constitution here, the draft. There is one issue that remains, and that is the resource issue. How much of the oil resources of the Kurdish area should be controlled by the local government in terms of contracting, management and revenues, and how much by the central government? There is an agreement that with regard to the currently known reserves that it will be managed by the central government resources.
There is more of a discussion about potential oil discoveries with regard to the future. There is a good discussion going on now as to what the options are. We couldn't help them bridge that. We are thinking about options to help them. But, you know, these are very difficult, complicated issues with regard to the future because new reserves, who knows when they will be discovered, when they will be developed, and it's perfectly -- I have been with them for many, many hours and I know how difficult it is, what the arguments are.
So we should be pleased that these issues are being engaged in this fashion rather than what used to be the traditional method in Iraq where, you know, one dictator got up and said this is the way we are going to do things.
QUESTION: Ambassador Zalmay Khalilzad, thank you very much for your time this morning.
AMBASSADOR KHALILZAD: Well, thank you.
(end transcript)
(begin transcript)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
August 16, 2005
INTERVIEW
U.S. Ambassador to Iraq Zalmay Khalilzad
On CNN International
August 16, 2005
Baghdad, Iraq
QUESTION: Mr. Ambassador, thank you so much for joining us. You have been very closely involved, watching over those negotiations. Press reports say you've even offered compromises, pressing -- pushing for this constitutional draft to be agreed upon. Where do things stand?
AMBASSADOR KHALILZAD: Well, first, it's good to be with you. Of course, we have been helping the Iraqis in this very difficult task that they have in front of them in the midst of a conflict to agree to a constitution that can be a national compact, bringing Iraqi people together.
Where things stand right now is that there is agreement on many issues. There is agreement on the rights of Iraqi citizens, including women. There is agreement on the structure of government, the President and Prime Minister, the role of the assembly. There is agreement also in regard to the role of Islam. There are a couple of issues that need to still be agreed on in detail, although in principle there is agreement. One has to do with the issue of federalism.
QUESTION: I wanted to ask, sorry to --
AMBASSADOR KHALILZAD: Another has to --
QUESTION: Yes, I'm sorry to interrupt. I wanted to ask you about what a Sunni leader in the negotiations by the name of Saleh Mutlak is saying that almost 50 percent of the constitution is finished, yet he expresses pessimism saying that there isn't that much of a drive among those involved to really get together and make the necessary compromises -- a very pessimistic outlook.
AMBASSADOR KHALILZAD: Well, that is pessimistic, but it isn't true. Mr. Mutlak is one of participants in the process. I know that his primary concern has been on the issue of federalism and that's one of the issues that remains, although as I said, that has broad agreement. He does not -- his views do not represent the views of the participants in the deliberations in general.
But listen, putting a constitution together in the midst of a conflict with people of various ethnicities, sects, is not easy, but the Iraqis have made a lot of progress. Some issues remain, there are also technical issues that they faced last night of making sure that --
QUESTION: Mr. Ambassador, let me ask you this --
AMBASSADOR KHALILZAD: -- the language is the right language.
QUESTION: As you say and also I was listening to Secretary of State Condoleezza Rice yesterday saying this is the most important document for the country's future. Also, the Prime Minister of Iraq al-Jaafari is saying that this document should not be presented in haste. Why is the U.S. in a hurry? Why is it pressuring the sides to agree on such fundamental issues with such haste?
AMBASSADOR KHALILZAD: The deadline that the Iraqis set, August 15th, was an Iraqi deadline and we have been encouraging them as we encourage people everywhere to stick to deadlines. When we agree to a deadline ourselves, we try to make every effort to stick to it.
At the same time, the Iraqi process had in it the possibility to gain additional time if necessary and they exercised that. Our role is to encourage them to do the right thing, to do it in a timely manner and to help them when our help is asked, but --
QUESTION: One last --
AMBASSADOR KHALILZAD: -- we have no problem with them asking for these additional seven days.
QUESTION: We're almost out of time, Mr. Ambassador. I really want to ask you this. What if, what if they're not able to meet this new deadline, only a week, with such fundamental issues yet to be resolved? What are your biggest fears and concerns? What could be done at that point?
AMBASSADOR KHALILZAD: Well, I am not concerned about that at this point. I have every expectation that given the time that they have on the issues that remain that they will reach an agreement, not an agreement that will please everyone, but will please most of those who are participating; and an agreement that will be a good agreement, will put Iraq on the right path. I have every expectation that the Iraqis will succeed.
QUESTION: One quick last question, a very quick answer. Does that mean that some issues will be left unresolved for later on?
AMBASSADOR KHALILZAD: It's possible that the constitution cannot deal in detail with every issue possible and that they could allow some issues to be dealt with by law, subsequently.
QUESTION: U.S. Ambassador to Iraq, Zalmay Khalilzad. Thank you very much for joining us.
AMBASSADOR KHALILZAD: Thank you.
(end transcript)
(begin transcript)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
August 16, 2005
2005/786
INTERVIEW
U.S. Ambassador to Iraq Zalmay Khalilzad On CNN
August 16, 2005
Baghdad, Iraq
QUESTION: Last night's failure to complete a draft of the constitution has serious consequences, not only for Iraq but for U.S. forces as well. U.S. Ambassador to Iraq, Zalmay Khalilzad, is live from Baghdad now.
Good morning, sir.
AMBASSADOR KHALIZAD: Good morning. How are you?
QUESTION: I'm fine. In your estimation, how big of a setback was this?
AMBASSADOR KHALIZAD: I didn't quite hear it. Can you repeat that, please?
QUESTION: How big of a setback was this?
AMBASSADOR KHALIZAD: Oh, it's a disappointment, not a significant setback. Look, Iraqis are in the middle of a conflict, disagreement among people about the future of the constitution is supposed to bring them together. They set themselves the target of August 15th to produce a draft. They are very close. They run out of time last night and they give themselves an additional week. That was allowed in the law.
You know, we should remember that it took us many years to put our own constitution together and they're in a much more difficult circumstance than we were.
QUESTION: I understand that. But it was just back on August 9th that the Defense Secretary Donald Rumsfeld was telling the American people how very, very important it was to meet this August 15th deadline. Listen:
"It's important that they stay with their timetable. This would be a critical step in persuading the majority of the Iraqis that the new Iraq is worth fighting for, that they have a stake in it."
All right, so how are Iraqis reacting to this in light of what Donald Rumsfeld said?
AMBASSADOR KHALIZAD: Well, you know the Iraqis reacted very positively to it. You saw and the representatives of the Iraqi people unanimously voted to give the committee one more week. So I don't think the Iraqis --
QUESTION: I mean the Iraqi citizens.
AMBASSADOR KHALIZAD: -- have a problem with what's happened.
QUESTION: I mean the Iraqi citizens.
AMBASSADOR KHALIZAD: Well, the Iraqi citizens are represented by the assembly. We have not done a survey, yet, of the attitude of the Iraqi people. But I suspect they will understand. They will be supportive of the fact that they needed a few more days to work out the difficult, difficult issues that the country is facing and facing with in order to put a constitution together.
QUESTION: But aren't they already a little aggravated with the general assembly?
AMBASSADOR KHALIZAD: Well, I don't know whether they're aggravated with the general assembly or not. I don't know -- the understanding of our own Congress with the American people is also not very -- I don't know whether that's any different than -- in terms of the understanding of the assembly with the people.
But I think people anywhere can understand that, look, when you're putting a constitution together, you're dealing with very big issues, difficult issues. People need to make compromises, come into an agreement with each other, and you have to take the time necessary to make sure.
QUESTION: I totally understand that. I'm just going back to how important that the Bush Administration made this August 15th deadline. And now it seems everybody is sort of downplaying it. Like, oh, this is just democracy at work. Let's listen to Condoleezza Rice:
"We are witnessing democracy at work in Iraq. The new constitution will be the most important document in the history of the new Iraq. We are confident that they will complete this process and continue on the path toward elections for a permanent government at the end of the year."
So there is a certain amount of backtracking here. I mean, isn't everyone, including you, lowering expectations now?
AMBASSADOR KHALILZAD: Well, no. What I have told the American people when I spoke last week to several news outlet is that this is a very important thing to get it right and to get it within the timeframe and that the Iraqis have agreed to produce it. I said they were very close last night, that they needed a few more days. The Iraqi law allows for that and the general assembly approved it. We shouldn't exaggerate its importance that they need a few more days. It's important that they get it right, that there is as broad a buy-in as possible and that this is right not only in terms of the broad principles but also that it's right in details.
And part of the problem last night was that the draft needed to be looked at very closely in terms of wording, in terms of making sure that things that people wanted included were, in fact, included. The things that were excluded from the various texts were, in fact, excluded. I don't think this is a big deal.
QUESTION: All right. We'll keep following it. Of course, they have seven more days. Thanks so much for joining us this morning. Ambassador Zalmay Khalilzad.
(end transcript)
(begin transcript)
U.S. DEPARTMENT OF STATE
Office of the Spokesman
August 16, 2005
INTERVIEW
U.S. Ambassador to Iraq Zalmay Khalilzad
On MSNBC
August 16, 2005
Baghdad, Iraq
(As-aired portions of interview)
QUESTION: The U.S. Ambassador to Iraq Zalmay Khalilzad told me that a number of sticking points, including how the Islamic religion, will be reflected in the new government already have been agreed upon.
AMBASSADOR KHALILZAD: A lot of the major issues have been resolved. The issues having to do with the role of Islam has been resolved. The issues having to do with the women's status has been resolved. The issue with regard to the structure of government has been resolved. There are issues having to do with the bill of rights of Iraqi citizens have been resolved. There are a couple of issues, resources issues between the center and the regions that are very close, but not yet completely resolved. There is also the issue of the distribution of power between the President and the Prime Minister because they are choosing a mixed system, which will be similar to France. And that is still needs to be worked out and there are a couple of other issues that with regard to federalism that needs to have some refinement. But that is also the issue of making sure that the language is the right language, right constitutional legal language and experts are looking at the text. And other than announcing an agreement last night and working these issues in the aftermath of the agreement, they chose the option that is available in the law, which was to ask for more time and get the support of the assembly and they did that. It shows that this is an Iraqi process. They're dealing, of course, with a difficult issue. They're talking about a national compact, a roadmap for the future. You know, our own constitution, as you know, took a very long time to come to an agreement on. In the case of Iraq, it's a very, very speedy process. A little more time is perfectly understandable.
QUESTION: And you can see more of my interview with Ambassador Zalmay Khalilzad, the U.S. Ambassador to Iraq, coming up in our 11 o'clock eastern hour.
QUESTION: Iraqi officials say there are still a number of disagreements to be worked out before next week's deadline for finalizing the Iraqi constitution. However, the U.S. Ambassador to Iraq Zalmay Khalilzad told me that a number of sticking points, including how the Islamic religion will be reflected in the new government already have been agreed upon.
AMBASSADOR KHALILZAD: (In progress) ...most issues of substance, agreements were in place. A lot of the major issues have been resolved. The issues having to do with the role of Islam has been resolved. The issues having to do with the women's status has been resolved. The issue with regard to the structure of government has been resolved. They're making progress. We should recognize the success they have achieved. We should recognize the process has been a process that is legal and is working. And we should be encouraged and recognizing that it is a difficult process.
QUESTION: You said the women's rights issue has been resolved. Before I ask you a question, let's listen to what our Secretary of State Condoleezza Rice said about that:
"On women's rights, I think we've been very clear that a modern Iraq will be an Iraq in which women are recognized as full and equal citizens and I have every confidence that that is how Iraqis feel."
And yet, just yesterday, we saw a poll where only 12 percent of Iraqis believe that women and men should have equal rights. So is there a disconnection between what Iraqis feel and what the U.S. thinks the Iraqis should feel?
AMBASSADOR KHALILZAD: Well, of course, there are cultural differences, attitudinal differences and there is -- I don't know how the question was asked and what the Iraqis understood the question to be, but Iraq wants to be a successful country and you cannot be a successful country if you discriminate against half of your population, you do not give them all the opportunities that are needed for them to achieve and contribute all they can.
QUESTION: Sir, what will your role be in any negotiations between now and Monday?
AMBASSADOR KHALILZAD: I have said to the Iraqis that I'm here to help. I'm available at any time. Failure is not an option because of what's at stake for us and what's at stake for them. And if they need my help, I'm available at any time and I will be involved as I have been during the past 20 days or so that I have been here as the new U.S. Ambassador. If they need our help in terms of bridging options that they can choose from, I'm available to provide that help.
We must succeed, Iraq will succeed and that is a U.S.-Iraqi partnership. The UN is also involved; we're not the only ones involved. Other countries are also involved in the process to help Iraq. It's vital for the security of the United States, the security of the world, indeed, for Iraq to succeed and I'm confident, as difficult as the process is, time as the process will take, Iraq will ultimately succeed and we're making a difference here in helping them.
QUESTION: Ambassador Zalmay Khalilzad, we thank you so much for your time this morning, appreciate your comments.
AMBASSADOR KHALILZAD: Thank you very much. Have a good day.
(end transcript)
(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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