Iraqi Constitution

Iraqis went to the polls on Saturday, October 15, 2005, to vote in a referendum on the new Iraqi Constitution.

"The passage of the draft charter would constitute a significant step toward restoring Iraq's full independence and pave the way for a new round of elections Dec. 15 for a permanent government." [1]

Election Fraud

"Initial Results From Iraq's Referendum," Associated Press (Yahoo! News), October 16, 2005.
Juan Cole, "Peace in Iraq Still Elusive after Constitutional Referendum," Informed Comment, October 17, 2005: "Several of my knowledgeable readers are convinced that the Ninevah voting results as reported so far look like fraud. One suspected that the Iraqi government so feared a defeat there that they over-did the ballot stuffing and ended up with an implausible result."
"Referendum turnout over 60pc in Iraq," Dawn, October 17, 2005: "Over 60 per cent of the 15.5 million Iraqi voters cast their ballots, according to early estimates, and the process was spared violence that marred elections in January."
Glenn Kessler, "For U.S., a Hard Road Is Still Ahead in Iraq," Washington Post, October 17, 2005: "Sunni Arab voters appeared to have rejected the constitution by wide margins."
Dexter Filkins, "Vote Totals Under Inquiry in 12 Iraqi Provinces, Panel Says," New York Times, October 17, 2005: "Iraqi election officials said today that they were investigating what they described as "unusually high" vote totals in 12 Shiite and Kurdish provinces, where as many 99 percent of the voters were reported to have cast ballots in favor of Iraq's new constitution, raising the possibility that the results of Saturday's referendum could be called into question."
Lee Keath, "Iraqis Probe 'Unusually High' Yes Tally," Associated Press (Yahoo! News), October 18, 2005.
Ivan Eland, "The Iraq Constitution: And They Call This Victory," Common Dreams, October 18, 2005.
Mariam Fam, "Final Results From Iraq Referendum Delayed," Associated Press (Yahoo! News), October 19, 2005.

Draft Finalized

The most recent draft of the Iraqi Constitution was finalized August 28, 2005, and presented to the Iraqi National Assembly in Baghdad, Radio Free Europe/Radio Liberty (RFE/FL) reported.

"Despite the Sunnis failing to support the document, Iraq's President decided to read the draft constitution to the fledgling country's transitional parliament anyway, with the goal of putting it to a national referendum in mid-October." [2]

"The draft was proposed by a Shi'a and Kurdish bloc within the parliamentary drafting committee. It was signed by the full committee ... after the inclusion of last-minute amendments aimed at appeasing Sunni Arabs," RFE/RL reported.

"Iraq's parliament then convened a special session to hear a reading of the draft charter.

"The session ended without a vote on the document. It is unclear whether a parliamentary vote is mandatory, but some Iraqi lawmakers suggest such a vote is needed to give the document political credibility."

"Iraqi government spokesman Laith Kubba said it is too early to say whether a formal split over the document is emerging within Iraq's Sunni community."

"The draft now faces a public referendum across Iraq on 15 October. It will be defeated if two-thirds of voters in any three provinces reject the charter. Sunnis control strong majorities in at least four Iraqi provinces. ... Kubba admitted that Iraq's Sunni community could block the draft constitution if it is unified behind a 'no' vote campaign." [3]

Iraqi Government in Violation of Own Interim Constitution

Professor Juan Cole illuminated reality August 22, 2005:

The Iraqi government is violating its own interim constitution.

"According to the interim constitution, the permanent constitution should have been presented to parliament and passed by August 15 [2005]. There should have been two readings of it, two days apart, before the vote. Otherwise, parliament should have been dissolved and new elections called. Parliament avoided this fate with a last-minute amendment of the interim constitution, allowed if by 3/4 vote, though the nicety of two readings of the amendment two days apart was dispensed with (arguably, unconstitutionally, though it is a relatively minor affair). The amendment stipulated that the new constitution would by passed by August 22, with other conditions unchanged.

"The new constitution, with blank passages, was presented to parliament just before midnight on August 22. But parliament did not vote on it, and a 'three-day delay' was announced.

"Announced?

"The rule of law is no longer operating in Iraq, and no pretence of constitutional procedure is being striven for. In essence, the prime minister and president have made a sort of coup, simply disregarding the interim constitution. Given the acquiescence of parliament and the absence of a supreme court (which should have been appointed by now but was not, also unconstitutionally), there is no check or balance that could question the writ of the executive.