The recent spate of violence in Iraq has made the handover of authority to Iraqis in June a remote possibility. But even if peace had reigned, it is difficult to believe that the Iraqis would not have been cheated. The interim constitution approved on March 8, 2004, is a non-military strategy of the occupying forces to colonize Iraq. The processes included in this document for the making of the constitution, the state and the nation, all guarantee an Iraq that will either remain subservient to Pentagon or will be thoroughly dysfunctional. The interim constitution itself will set off confrontations within Iraq, that will jeopardize its democratic growth.

The interim government in Iraq is expected to be formed on June 30 and hold office till December 31, 2005, when an elected government would come to power. The first government is to be formed through extensive deliberations with the Iraqi people conducted by the governing council and the Coalition Provisional Authority. But the involvement of the CPA itself suggests that the process will not be entirely free of manipulation.

The elections to the national assembly, to be held not later than December 31, 2004, will bring into force a transitional government that will frame a permanent constitution for Iraq by no later than August 15, 2005. The question is, will it be successful in writing a “permanent” constitution in time? Will it be able to create conditions for a referendum, given the internal turmoil?

Clear design

The interim constitution is silent on election laws and expects the transitional government to prepare them. This government, because of its association with Pentagon, will do everything to prevent the nationalists from taking over power from the pro-occupation activists. It is possible that a pliant national assembly would, therefore, manipulate the votes as fair elections would immediately lead to a rejection of interference in public policy-making and a firm no to foreign troops.

Provisions of the interim constitution show a clear design to alienate Iraqis from their sovereign right to self-determination. This is manifested in various clauses of Article 25 that gives “exclusive competence” to the transitional government in formulating foreign, economic and trade policies; delineating and executing national security policy. and in “managing the natural resources of Iraq”. But is the transitional government, formed through a manipulated electoral process, competent enough to decide on matters that will have long-term implications?

Recipe for disaster

The edict of the occupying forces reigns supreme. Article 26 (C) of the interim constitution says that “the laws, regulations, orders and directives” issued by the CPA, “pursuant to its authority under international law” will remain in force until rescinded or amended by legislation duly enacted and having the force of law.

The new judicial structure is also colonial in nature. Article 48 (A) recognizes the December 10, 2003, “statute establishing the Iraqi Special Tribunal” to try Iraqi nationalists. The occupying forces had prepared this statute, which exclusively defines its jurisdiction and procedures, notwithstanding provisions of the law.

The interim constitution is not a recipe for national integration. It gives too much power to the sub-national governments in case of dispute with the central government of Iraq. Article 53 (A) recognizes the Kurdistan Regional Government as the official government of the six governorates that were administered by it on March 19, 2003.

What is more intriguing is Article 61, which says, “the general referendum will be successful and the draft constitution ratified if a majority of the voters in Iraq approve and if two-thirds of the voters in three or more governorates do not reject it.” This is an American strategy to use the six Kurdish governorates created by it to veto the attempts at nation- building in Iraq. In case of disapproval of the draft constitution, the ball will remain in the court of the United States of America.