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The Agreement on Political Process signed on November 15 by Ambassador L. Paul Bremer III for the Coalition Provisional Authority and by Jalal Talabani for the Iraqi Governing Council (IGC) provides a much needed and long overdue roadmap for the restoration of sovereignty to an Iraqi government. Unfortunately, the agreement contains numerous clauses that will make implementation quite difficult.
In the months since the end of the war, the United States has set up scores of local councils in Iraq's cities and main towns, reaching an estimated 51 percent of the country's population. Put together under emergency conditions, the local councils are not elected, but selected by the civil affairs teams in consultation with Iraqis.
On July 15, 2003, the American administrator of Iraq, L. Paul Bremer III, finally articulated a clear benchmark for ending the Coalition Provisional Authority's administration of Iraq: the governing council's promulgation of a democratic constitution and the subsequent holding of national elections. Bremer has said he expects the constitution writing process to take about six to eight months.
Since the collapse of the regime of Saddam Hussein, the Shiites of Iraq have come to the forefront of the debate among Western and Arab intellectuals and politicians. A clear majority of more than 60 percent of the population, the Shiites of Iraq have never held a majority or even a powerful minority status in Iraqi politics since the establishment of modern Iraq eight decades ago.
Ten weeks after the January 30 elections, Iraqis have chosen a Kurdish president, Shiite and Sunni vice presidents, a Sunni speaker and Shiite deputy speaker of parliament, and now a Shiite prime minister. Why has it taken so long to form the new government?
The lingering effect of Baathist-era distortions and intensifying violence are hindering efforts to create a civic culture based on tolerance, cooperation, and individual initiative in Iraq.
Freed from state control, religious authorities—drawing on their moral authority and extensive mass communication networks, and benefiting from the weakness of secular forces—quickly filled the political void created by the fall of Saddam Hussein's regime. A year later, these authorities remain the principal shapers of public opinion among most Iraqi Arabs.
Iraq's Shiite Islamists are in an undeniable position of strength as the June 30, 2004 hand-over of sovereignty approaches. Their leadership has gelled with the emergence of Grand Ayatollah Ali Al Sistani, 75, as the major political force in the country.
On March 8, the Iraqi Governing Council signed Iraq's new interim constitution, known as the Transitional Administrative Law (TAL). The TAL is expected to go into effect on July 1, 2004 and may foreshadow elements of a permanent constitution. It will remain in force until a new government, scheduled to be elected by January 31, 2005, enacts a permanent constitution.
When the U.S.-led Coalition Provisional Authority (CPA) dissolves on June 30, it will leave behind a series of enactments designed to remake significant parts of the Iraqi legal order. While the juridical and political basis for the CPA's enactments is shaky, any succeeding Iraqi authority is likely to hesitate before repealing them wholesale.
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