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Iraq Constitution May Erode Women's
Rights
BAGHDAD, Iraq - A part of Iraq's draft constitution obtained
by The Associated Press gives Islam a major role in Iraqi civil
law, raising concerns that women could lose rights in marriage,
divorce and inheritance.
The proposal also appears to rule out non-governmental militias,
an area addressed Monday by U.S. Ambassador Zalmay Khalilzad.
Urging Iraqis to build national institutions, he said there is
no place for factional forces that "build the infrastructure
for a future civil war."
The civil law section, one of six to make up Iraq's new charter,
covers the rights and duties of citizens and public and private
freedoms. The language is not final, but members of the drafting
committee said there was agreement on most of its wording.
Committee members have been rushing to complete the constitution
so the Iraqi National Assembly can set the final wording by Aug.
15. Parliament's version would be put to a public vote by mid-October,
and if approved, elections would follow by year's end.
The drafting panel's efforts got a boost Monday when its 12
Sunni Arab members ended a boycott, easing fears the document
might be rejected by the ethnic community at the heart of the
insurgency.
Sunni Arab support is crucial because the charter can be scuttled
if voters in three of Iraq's 18 provinces reject it by a two-thirds
majority - and Sunni Arabs are a majority in four provinces.
Sunni Arabs make up about 20 percent of Iraq's 27 million people
but dominate areas where the insurgency is raging.
A Sunni member of the constitutional commission, Saleh al-Mutlaq,
told AP he and his 11 colleagues agreed to resume work after
receiving government assurances that their grievances would be
addressed.
Those concerns included better security after last week's
assassination of two colleagues, which triggered the boycott,
and for an expanded role for the Sunni Arab minority in the constitutional
deliberations.
On Tuesday, Iraq's most feared terrorist group warned Sunni
Arabs against taking part in the October referendum on the constitution,
saying their participation would make them infidels - and therefore
subject to the same treatment as occupation forces.
In a statement posted on the Internet, al-Qaida in Iraq slammed
recent calls by some Sunni leaders encouraging the religious
minority, which forms the core of the insurgency, to get involved
in the political process.
Another Internet statement purportedly from the terror group
said its "court" decided Monday to kill two Algerian
diplomats kidnapped last week in Baghdad, but there was no word
on whether the threat had been carried out against Ali Belaroussi
and Azzedine Belkadi.
"This will be the fate of the other diplomats and representatives
of the rest of the infidel governments. There is no fate for
them except being killed," said the statement, which was
posted and signed by Abu Maysara al-Iraqi, the al-Qaida spokesman.
Al-Qaida's attacks on those and other diplomats appear aimed
at isolating Iraq's government from its neighbors as the leadership
tries to make progress in political efforts and reach a consensus
on the constitution.
Most worrying for women's groups has been the section on civil
rights, which some believe would significantly roll back women's
rights under a 1959 civil law enacted by a secular regime.
In the copy obtained by the AP on Monday, Article 19 of the
second chapter says "the followers of any religion or sect
are free to choose their civil status according to their religious
or sectarian beliefs."
Shiite Muslim leaders have pushed for a stronger role for
Islam in civil law but women's groups argue that could base legal
interpretations on stricter religious lines that are less favorable
toward women.
Committee members said they had taken account of women's concerns
but were not planning to make changes, since the National Assembly
will have final say on the wording.
Committee member Khudayer al-Khuzai said Muslims would be
free to choose which Islamic sect they want to be judged by under
the proposed civil law.
"We will not force anyone to adopt any sect at all. People
are free to choose the sect they see as better or more legitimate.
This is implemented in marriage, inheritance and all civil rights,"
he said.
Not all Shiite laws are disadvantageous for women. Many Sunni
Muslims who have only daughters prefer to follow Shiite religious
law when it comes to inheritance, since daughters inherit everything
their parents leave. Under Sunni rules, daughters have to share
their inheritance with uncles, aunts and grandparents.
While not specifically addressing militias, the draft chapter
would permit Iraqis to form only political parties and would
ban individuals from possessing weapons.
"There is no place for militias," said al-Khuzai,
a Shiite. "We have even made it clear for non-governmental
organizations that they should not have any secret or military
activities."
Earlier Monday, Khalilzad spoke against militias - a clear
signal to groups in Iraq's dominant Shiite Arab and Kurdish communities
that have maintained armed groups.
Khalilzad, who took up his ambassador's post over the weekend,
said the U.S. government believes Iraqis must focus on building
strong national institutions.
"Regarding the militias, of course, our position is clear,"
he said. "We don't want to do anything that creates longer
term problems for Iraq in terms of the problem of warlordism
or the problem of building an infrastructure for a future civil
war."
In other areas, the chapter obtained by AP would make the
judiciary independent, require public trials, ban torture and
require a judicial order to detain anyone. Child labor, which
flourished in the 1990s after the
United Nations imposed sanctions on Iraq, would be banned.
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