28 August 2005
New Iraqi Constitution Advances Democracy, U.S. Ambassador Says
Draft reflects reconciliation of Islamic traditions, democracy principles
By Howard Cincotta
Washington File Special Correspondent
Washington -- The new draft Iraqi constitution protects the principles of human rights and democracy while also recognizing the nation's Islamic traditions and heritage, the U.S. ambassador to Iraq, Zalmay Khalilzad, said in televised interviews August 28 on NBC's Meet the Press and CNN's Late Edition.
Asked about the views of the Sunni population, Khalilzad predicted on CNN's Late Edition that some Sunni leaders will support it while others will have difficulties with certain aspects of the draft.
"I don't think we will know the Sunni reaction authoritatively for a few more days and weeks perhaps," Khalilzad said. "If we get Sunni buy-in to the draft, then this would become a national compact, and the draft will be very helpful in moving Iraq forward."
Constitutions such as those of the United States change and adapt over time, Khalilzad pointed out on NBC's Meet the Press, and the Iraqi constitution is no different.
The Sunnis did not get all that they wanted, but neither did other communities in Iraq, Khalilzad said on CNN. "A constitution is not a party platform; it's a common road map, a compact where points of agreement are emphasized," he added.
On Meet the Press, Khalilzad defended the draft constitution as representing "a new consensus between the universal principles of democracy and human rights, and Iraqi traditions in Islam."
For example, the draft constitution recognizes equality between men and women, prohibits domestic violence and grants a minimum of 25 percent representation for women in the National Assembly, he said.
Khalilzad acknowledged that provisions relating to family and personal law are controversial, but said that the new constitution recognizes freedom of choice, meaning that individuals can choose whether to be governed by secular or religious law -- as is the case in other nations.
Contrary to some claims, he said on Meet the Press, the current draft does not grant special authority to religious judges, but calls for expertise in both secular and Islamic law to be represented in the Supreme Court. The specifics will have to be worked out in legislation by the next parliament, according to Khalilzad.
Khalilzad noted on CNN that courts will have no right of prior review of legislation. If laws are contested as unconstitutional, they will move through the legal process to the Supreme Court in the normal manner. "That was a very vital change that took place in the last three days," he said.
"The insurgents have declared war on the constitution. They have declared war on the election," Khalilzad said on Meet the Press, adding that he was particularly sensitive to the pressures upon the Sunni community, who are facing intimidation and violence.
"But it is time for them, for the interests of their people, to join the political process," he said. "Not everyone loves every article of this document. Not everyone is totally satisfied. But there is enough in this constitution that meets the basic needs of all communities and for Iraq to move forward."
On CNN, Khalilzad said, "I urge the Sunni Arabs to take a look at the final draft, to consider the protections that this draft provides for Iraqi citizens. The checks and balances that are inherent in the constitution, that protect minorities against a government that may be dominated by one faction because of the numbers that they have."
On the same day, both President Bush and Secretary of State Condoleezza Rice issued statements of congratulations to the Iraqi people for successfully completing their new draft constitution.
"The Iraqi people have once again demonstrated to the world that they are up to the historic challenges before them," Bush said.
Secretary Rice said, "We see in Iraq's draft constitution a foundation for a democratic system in which all voices may be heard, human rights are protected, rule of law is respected, and women are full political partners."
Transcripts of Khalilzad’s remarks on NBC's Meet the Press and CNN's Late Edition are available on the respective news organizations’ Web sites.
For additional information, see Iraq's Political Process.
(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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