Foreign Policy Institute

The symposium, “Iraq on the way to Its New Constitution”, conjointly organized by the Bilkent University and the Turkish Foreign Policy Institute was held in Ankara on March 22nd and 23rd, 2004. Proceedings and the papers utilized at the symposium are compiled in this publication. The verbatim minutes of the discussions have only been touched upon for the sake of clarity. Contributions in Arabic by some of the participants from Iraq had to be based on the simultaneous interpretations made during the meetings. It is hoped that the personal views expressed at the symposium by participants from Iraq, UK, US and Turkey would contribute to the extensive and strenuous work awaiting the people of Iraq in shaping their future.

For more information please contact at fpi@foreignpolicy.org.tr

Iraq on the Way to Its New Constitution

 

 
 

IRAQ ON THE WAY TO ITS NEW CONSTITUTION

Symposium
Ankara, March 22-23, 2004

Conference Proceedings

CONTENTS

Executive Summary....................................................................................... 1

Symposium Programme.................................................................................. 3

The Inauguration of the Symposium.............................................................. 5

Panel 1 – Post-War Situation in Iraq............................................................. 8

Panel 2 – Political and Social Demography of Iraq..................................... 35

Panel 3 – The Way Ahead-Constitutional Models for Iraq.......................... 74

Conclusions................................................................................................... 127

List of Participants......................................................................................... 142

Appendix I – Turkish Foreign Policy Institute Assessments on the Situation in Iraq..............     146

Appendix II – Law of Administration for the State of Iraq for the Transitional Period ...... 152

Executive Summary

Bilkent University and Turkish Foreign Policy Institute organized a symposium entitled “Iraq on the Way to Its New Constitution” in Ankara on March 22nd and 23rd, 2004. Academics, legal experts and experts of the region from Iraq, US, UK and Turkey participated. The situation in Iraq in the post-war period, political and social demography of Iraq and the constitutional models for Iraq were discussed.

Participants at the symposium enumerated the difficult conditions the people of Iraq were facing. It was emphasized that the basic aim was the democratisation of Iraq, enhancing the rule of law and guaranteeing human rights. While the devolution of powers to local authorities and decentralization was felt necessary to prevent the repetition of centralized authoritarian rule, it was argued that it was also important to prevent dismemberment of the country on ethnic or religious grounds. Many criticisms were made on the recent Transitional Administrative Law for Iraq citing lack of transparency and representation in its preparation, singling out one region on ethnic basis while envisaging a non-discriminatory federal structure and putting emphasis on religion which may eventually encourage a division on that ground as well. Many pointed out the various contradictions and inconsistencies prevalent in the Law. Some claimed that nothing in the Law was permanent, that contradictions were inevitable since the aim was to please as many as possible and appease the emotions of certain radicals, that the Law was revolutionary in respect of defining the role of women allocating them a 25% quota and limiting the role of the armed groups integrating them under one command. While one participant claimed that this Law would serve as the model of the new constitution and nothing much different could be achieved in the current process for the preparation of the new constitution, many others insisted that improvements could and should be made. It was also pointed out that regional consensus building was important at this stage and that unless the region sees the new restructuring as an endeavour it can live with, it will be difficult for Iraq to be at peace.

It was pointed out that before having general elections, a census to determine the numbers and significance of different groups in Iraq was necessary. Estimates on Iraqi population and different groups were made based on earlier censuses. One participant calculated the Turkmen population as being around 2.2 million, another calculation indicated the number as 750 thousand around the Mosul-Telafer regions in the North and 1.5 million around the Kut region in the South, excluding those in and around Baghdad. As the figures indicated the Turkmen population in Iraq to be around 10-12% of the whole population, it was indicated that they should have been represented in the Provisional Governing Council by at least two members.

As the idea of a viable federation was not well understood in the region, fears were expressed on the possibilities of dismemberment of Iraq, alluding the experience of Yugoslavia. One participant suggested the Canadian model, which they thought could work and keep the country united.

IRAQ ON THE WAY TO ITS NEW CONSTITUTION

Symposium
Bilkent University and Foreign Policy Institute
Ankara, Bilkent Hotel, March 22-23, 2004

March 22

10:00                 Inauguration of the symposium by Prof. Ali Doğramacı, Rector of Bilkent University.
Seyfi Taşhan, President of the Foreign Policy Institute

Panel 1           Post-war situation in Iraq

                  
Chair: Seyfi Taşhan, President of the Foreign Policy Institute

12:30          Lunch break

14:30          Panel 2            Political and social demography of Iraq
 
Chair: Reşat Arım, Foreign Policy Institute

Dinner hosted by H. E. Mr Abdullah Gül, the Minister of Foreign Affairs, at Ankara Palas

March 23

09:30 Panel 3 The way ahead – Constitutional models     
for Iraq

Chair: Oktay Aksoy, Foreign Policy Institute

12:30 Lunch break

14:30Panel 4 Round Table – Conclusions

Chair: Seyfi Taşhan, President of the Foreign Policy Institute

Dinner offered by Prof. İhsan Doğramacı, President of the Board of Trustees of Bilkent University.
 
 

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