Sectarian divides as Iraqi constitution passes

Iraqi voters have ratified the United States-backed constitution despite claims of under-representation by minority Sunnis, officials said this week.

But voting was reported to be sharply along ethnic and sectarian lines, although final reports from Iraq’s Electoral Commission said 79 percent of voters backed the Constitution, with 21 percent opposed.

Shi’ite and Kurdish regions voted overwhelmingly 95-99 percent “Yes” while the Sunni-dominated Anbar region voted 97 percent “No.”

Of Iraq’s 18 provinces, only 2 reported “No” votes greater than two-thirds – one province short of successfully vetoing the Constitution. The swing province of Nineveh voted “No” by 55 percent, just short of the two-thirds majority needed.

Sunnis argue that Constitution will allow for the Shi’ite majority to deprive them of power and access to Iraq’s oil wealth. The Constitution includes recognition for federalism and the power of provincial governments to band together to combine local powers.

It has been argued that instead of allowing minority areas to be protected in solidarity against a possible tyranny of the majority, this constitution will allow Shi’ite regions to gain control over oil-rich provinces in the South, leaving Sunnis in control of small, non-oil producing regions in central Iraq.

The United States hoped the Constitution would offer a strong base for progress towards Iraq’s emergence as a secure, stable democracy. However, Sunni politician Saleh Mutlaq, said the vote could backfire on US efforts by persuading Sunnis they had no role in the political process.

United Nations Secretary General Kofi Annan’s representative in Baghdad, Ashraf Qazi, commented that the poll demonstrated how dangerously polarized Iraq has grown.

Three major Sunni parties have agreed to take part in December elections for the National Assembly, which will then have power to make changes to the Constitution. However other Sunni groups such as the Muslim Scholars Association continue to boycott political processes occurring under the leadership of foreign forces.

“All of us are against terrorism and consider it a crime regardless of its forms. However, we must differentiate between the legitimate Iraqi resistance and terrorism” Association spokesman Muhammad Bashar al-Faydi told Al-Jazeera in response to Prime Minister Ibrahim al-Ja’fari’s demand that “terrorist” groups not be invited to a reconciliation conference.

In addition to minority protection, the United States hoped the Constitution would further the rights of women, but it appears it may fall short here too. Another potentially problematic article in Iraq’s new Constitution is Article 39, which states Iraqis will be allowed to choose their applicable family law based on their own religious domination.

This has raised concerns among women’s rights activists who argue women in Iraqi society who now feel threatened upon leaving the house, are unlikely to have the freedom to decide which laws to apply for their case.

Though Article 14 of the Constitution explicitly states that Iraqis will be equal with no distinction based on sex, women’s activists are concerned over the granting of greater control to religious, instead of secular, authorities.

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