Separation is the goal, federalism the means

[bemildred]

In a now familiar pattern, the Iraqi Constitutional Committee has failed to complete the draft constitution and the entire process has again been delayed. This is not surprising given the number of disagreements that were yet to be resolved at the last deadline, 15 August 2005. Parties have failed to agree on important issues, most crucially, the principle of federalism, the role of religion in the constitution, and women's rights, as well as many others.

The debate relating to the principle of federalism, and the fact that it is opposed by the Sunni community and the Sadrist movement alike, is well known. The parties are also disagreeing over the issue of how the new parliament should be structured. If Iraq is to adopt a federal model of government, it will need a second chamber of parliament that is designed to allow the different states to be represented at the national level. Previous drafts from Iraq's Constitutional Committee provided for a strong second chamber of parliament which would be able to block legislation in certain circumstances.

However, the draft that the parties were discussing on 15 August made provisions for the composition of a second chamber and which was to be determined by a law to be passed by the first chamber of parliament. Thus, the first chamber was to determine the weight and importance of the second chamber, which in practice could mean that the second chamber could be reduced to the status of an advisory committee. In addition, the draft constitution that was up to date on 15 August did not provide for a mechanism through which the second chamber could block legislation.

What this probably means is that although the parties to the negotiations were unable to decide upon the composition of the second chamber, they were so determined to submit the constitution to the national assembly, that they were willing to leave the issue to a later date, even if this meant that the entire second chamber would be left without a role as a result.


al Ahram