PILPG Update

Roundtable Report on “Next Steps for the Iraq Constitution” identifies key issues relating to implementation of the new Iraq Constitution
May 22, 2006

With the formation of a national unity government, Iraq 's first permanent legislature will soon be faced with the challenge of building a national dialogue and creating a stable and functioning federal structure. The Public International Law & Policy Group (PILPG), along with nine co-sponsoring organizations in Washington , DC , hosted a series of roundtable discussions and conducted a Negotiation Simulation to address the key issues relating to the constitutional implementation process. Over 50 Iraqi and international experts participated. The report, “Next Steps for the Iraq Constitution Roundtable Series”, complements other PILPG resources designed to assist Iraq's legislators, including the results of a constitutional negotiation simulation, legislative memoranda, and other PILPG resources.

The report is available in both English and Arabic. Other PILPG on Iraq resources can be found on the Iraq Project website.

The report addresses a wide variety of issues, including federalism in Iraq , human rights, the administration of justice, the electoral system, the rights of women and minorities, and the impact of Islam in the country's Constitution. The series concluded with a simulation of a negotiation between Iraqi stakeholders on issues relating to federalism and the separation of regional and national powers.

Report Recommendations

This report is designed to gather diverse opinions, analysis, and recommendations on the implementation and amendment process and put them in one place. It has been developed to provide a systematic and comprehensive approach to constitutional implementation in the hopes of clarifying outstanding issues and helping to prioritize the daunting task that Iraq 's Council of Representatives will face in the months to come. The report seeks to identify issues that can build a Constitution that is acceptable to all of Iraq 's citizens, and proposes possible constitutional amendments, implementing legislation, and political solutions on a vast spectrum of issues. It is based on the premise that one way a viable federal, inclusive Iraq can be achieved is through methodical, systematic amendment and implementation of the Constitution.

It is essential for implementers to understand how to achieve specific constitutional goals – through constitutional amendment, implementing legislation, or other measures – and to define the legislature's work in the near and long term. As a complement to strategic planning for a new government of national unity, Iraq 's legislators should develop a strategy – both substantive and procedural – that can steer this complicated process forward for the next six months and onward. The Parliament should also consider building institutions that can assist this process and have access to Iraqi and international expertise, such as a secretariat or Constitutional Implementation Commission.

Meanwhile, the “PILPG Roundtables Series Report” identifies key priorities and challenges and makes recommendations for all implementers, including, among others:

• Making the Judiciary a legislative priority;
• Utilizing innovative solutions and options for Iraqi federalism (including consideration of postponing decisions on the amendment process and legislation governing the formation of regions);
• Developing transparent oil and revenue distribution policies that ensure the fiscal integrity of all orders of government, build integrity, and combat corruption;
• Building a national framework for human rights, including establishing a High Commission on Human Rights; and
• Taking special efforts to increase the participation of women and minorities.

This program was co-sponsored by the American University Center for Global Peace, the American Society of International Law (ASIL), Chemonics International, Creative Associates International, DLA Piper Rudnick Gray Cary LLP, IFES, Shearman & Sterling LLP, Sullivan & Cromwell LLP, and the United States Institute of Peace (USIP).

About the Public International Law & Policy Group (PILPG)

The Public International Law & Policy Group is a non-profit organization that operates as a global pro bono law firm providing free legal assistance to developing states and states in transition involved in conflicts.  PILPG was founded with the support of the Carnegie Endowment for International Peace and is a UN-designated non-governmental organization. PILPG receives funding from a number of sources, including the Carnegie Corporation of New York, United States Institute of Peace, the Ploughshares Fund, and the Compton Foundation.