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SEGURIDAD
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In Iraq, Timing Is Everything
Publicado con autorización del Autor
By Ronald Bruce St John | January 13, 2004
Editor: John Gershman, Interhemispheric Resource Center (IRC)
The Bush administration, in the mid-November Agreement on Political
Process signed by L. Paul Bremer for the Coalition Provisional Authority
and Jalal Talabani for the Iraqi Governing Council, came face to
face with the fundamental issue in Iraq. In the pursuit of democracy,
does the United States work out a process and a calendar that fits
Iraqi needs or one that dovetails with the logic of the 2004 presidential
election? Unfortunately, but not surprisingly, the White House opted
for the latter.
At first glance, the agreement is a positive step, providing for
a three-stage transition to a sovereign Iraqi government. The devil
is in the details. Key clauses in the agreement make implementation
difficult, if not impossible--and may hamstring future prospects
for a united, democratic Iraq .
In the first stage, the Iraqi Governing Council, in close consultation
with the Coalition Provisional Authority, is to draft and approve
before end-February 2004 a Fundamental Law, setting forth the scope
and structure of a sovereign Iraqi transitional administration.
This will prove a daunting task for a Governing Council that has
yet to metamorphose into an effective decisionmaking body. Many
of its members are former exiles with little legitimacy and no popular
local constituency. Iraqis also criticize the upfront involvement
of the Coalition Provisional Authority, arguing that popularly elected
representatives should decide the framework of a new Iraqi government.
The second stage of the agreement provides for the "election"
of a Transitional National Assembly before end-May 2004. In the
third stage, this assembly will elect an executive branch and appoint
ministers to constitute a provisional government. If this aggressive
schedule can be met, the new government will assume full sovereign
powers for governing Iraq by end-June 2004, symbolically ending
the U.S. occupation months before the U.S. presidential election.
While the agreement calls for the election of members to the Transitional
National Assembly, there is no mention of popular elections. Instead,
assembly members will be selected by caucuses--not a direct vote--in
each of Iraq 's 18 governorates. Under the plan, the participants
in the caucuses will have to be approved by 11 out of 15 members
of an organizing committee selected by the Governing Council and
the members of U.S.-appointed councils at province and local levels.
The selection process is all too reminiscent of the ill-fated approach
the U.S. used to appoint neighborhood, district, and city councils
in mid-2003. Meant to be the vanguard of democracy in Iraq , these
local councils have performed unevenly, at best. Most have no budget,
no authority, and no power. Paid by the Americans and often ignored
by the Governing Council, local council members are often dismissed
by fellow Iraqis as impotent lackeys of the occupation force.
Criticism of the Plan
The U.S. plan for the creation of a sovereign Iraqi administration
has been criticized by Shi'ite leaders, especially Grand Ayatollah
Ali al-Sistani, Iraq 's most powerful Muslim cleric. The ayatollah
has also called for a fundamental law that recognizes Iraq as an
Islamic state and ensures no Iraqi law will be permitted to conflict
with Islamic law. While he does not want clerics running the government,
Ayatollah Sistani wants Islamic law to be the law of the land.
Shi'ite leaders have tremendous clout in Iraq . Selected by the
people, some observers have suggested Ayatollah Sistani is the sole
legitimate force in Iraqi politics today. The Shi'ite calls for
direct, popular democracy are difficult for the White House to ignore
because they are exactly what the Bush administration has said it
wants to bring to Iraq . Shi'ite spokesmen favor direct assembly
elections in mid-2004, arguing direct elections are more realistic
and will increase the legitimacy of any future government.
American authorities resist the idea of national elections, arguing
a detailed census followed by preparation of a voter roll would
be time-consuming and vulnerable to manipulation and violence. The
Ministry of Planning responded to their concerns in early November
2003 with a detailed, 10-month plan to count Iraq 's entire population
and create voter registration lists, opening the way for national
assembly elections in September 2004. To date, American planners
have rejected this relatively quick census plan as still too slow.
Critics of the latest American plan emphasize that direct elections
would also reduce dissatisfaction with Governing Council performance.
The council has become a symbol, not of unity, but of the ethnic
and sectarian divisions within the country. And it threatens to
institutionalize a form of confessional politics, similar to the
failed system that produced the Lebanese civil war. Given the council's
lack of popular support, Iraqis are rightly concerned with a caucus
process in which the Governing Council can have a significant impact
on the outcome.
The creation of a sovereign Iraqi transitional administration touches
on the future identity of Iraq as a state and a nation. The Shi'ites
have demanded national elections, which will almost surely bring
them to power since they constitute approximately 60% of Iraq 's
population. The Sunnis and Kurds, both minorities with some 20%
of the population each, fear elections would lead to Shi'ite domination,
further marginalizing them.
The Challenge
The difficult challenge facing the Coalition Provisional Authority
is to help the Iraqis create a constitution that fairly and democratically
balances the role of the Shi'ite majority with the Sunni and Kurdish
minorities. The agreed upon solution must be acceptable to Iraq
's neighbors and be granted legitimacy by the United Nations if
it is to endure. The design of the fundamental law and the method
chosen to form the Transitional National Assembly are critically
important to this total process because they will establish precedents
for representative government in Iraq.
The Bush administration, wrongly focused on a speedy transfer of
sovereignty to a friendly Iraqi government, has its priorities upside
down. The real priority in Iraq today is an electoral process that
ensures a legitimate government, valid in the eyes of Iraqis and
the rest of the world.
The White House is concerned a summer of electioneering in Iraq,
followed by elections in the weeks before the U.S. presidential
election, could reinforce the American public's image of conflict
and confusion in Iraq, making it difficult for President Bush to
declare victory in what has become the central issue of his presidency.
On the contrary, Washington 's real concern should be that a hasty
turnover of power next July to whatever slapdash body is formed
could result in civil war by November.
What needs to be done? The declared goal of the Bush administration
is to create in Iraq the most democratic government in the Arab
world. To achieve this goal, the occupation authorities need to
listen to all Iraqis, involving as many as possible in the creation
of a durable democratic system. This means forming alliances with
moderate Shi'ite groups, reconstituting Iraqi army units, involving
the international community, and organizing elections for a provisional
government.
The sooner the Governing Council is replaced by a more representative,
independent, and legitimate government, the better. If the Bush
administration takes the time to do the job right, President Bush
might just end up with the victory in Iraq he so desperately wants--and
needs, in spite of himself.

(Dr. Ronald Bruce St John is a regular contributor to Foreign Policy
in Focus (www.fpif.org) and the
author of Libya and the United States: Two Centuries of Strife (University
of Pennsylvania Press, 2002).)
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