by Zaid al-Ali
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| Iraq |
Ten years after the 2003 war, the Iraqi government credits itself with a number of achievements. All foreign soldiers have left the country, the 2005 constitution was approved by 80% of the population, several rounds of elections have taken place in the absence of credible accusations of massive fraud, and the annual state budget has reached unheard of proportions. And yet, the country has millions of poor who live in slums without access to any government services to speak of, and millions of others have left the country never to return. The government is once again rearming. Women’s rights have regressed. Political tensions, fueled by corruption, violence and sectarianism, appear to be worsening.
Was this downwards spiral inevitable? Western and an increasing number of Iraqi analysts eagerly refer to ethno-sectarian divisions, and suggest that Iraq is a hopeless case as a result. But there are countries whose divisions are far more pronounced; fueled by differences in language, skin colour, religion, by a history of imperialism, colonisation and even slavery, many countries in Africa and Latin America have emerged as modern democracies in recent years. These countries not only had the benefit of good leadership, but also established clear rules according to which their countries were to be governed. In comparison, Iraq is a shameful affair: despite the incredible resources at its disposal, the country is clearly heading in the wrong direction.
There are many causes for this state of affairs, too many to address in any single analysis. This article focuses on the rules that are designed to govern the political process, namely the 2005 constitution. The constitution was rushed, is undemocratic, and is rigged to encourage political tensions, instability and crisis. This is not "post-hindsight" analysis: in the summer of 2005, a few weeks before the referendum that was organised to approve the constitution, two of the world’s leading legal scholars travelled to Baghdad and studied the then draft constitution. They wrote an analysis which was circulated to key officials, but was not published at the time. Their conclusion was that, if applied, the constitution posed a “grave risk to state and society”. Their prophetic prognosis went unheeded and we are still paying the consequences today.