BAGHDAD, 9 March 2004 — The Governing Council signed a landmark new constitution yesterday, a key step in US plans to hand power to the Iraqis by July 1. But Iraq’s top Shiite cleric issued a fatwa criticizing the document, signaling that a dispute that delayed the signing was not dead.
Before an audience of prominent Iraqi and American civilian and military officials, including the top administrator in Iraq, Paul Bremer, 21 of the 25 council members signed the document on an antique desk once owned by King Faisal I, Iraq’s first monarch. Representatives of the absent four signed on their behalf.
Saudi Arabia welcomed the signing of the new constitution and hoped that it would lead to establishing an independent government in Iraq and to a return of sovereignty and independence to the country.
Governing Council President Mohammed Bahr Al-Uloom called the signing a “historic moment, decisive in the history of Iraq.”
“There is no doubt that this document will strengthen Iraqi unity in a way never seen before,” said Masood Barzani, a Kurdish leader on the council. “This is the first time that we Kurds feel that we are citizens of Iraq.”
The charter which includes a 13-article bill of rights, enshrines Islam as one of the bases of law and outlines the shape of a Parliament and presidency as well as a federal structure for the country. Billed as the most liberal in the Arab world, it will remain in effect until the permanent constitution is approved in late 2005.
The ceremony was rife with symbols of unity, after council members patched over splits that erupted three days ago. The dispute derailed an attempt to sign on Friday and fueled bitterness among Sunni and Kurdish members, who feared Shiite leaders were trying to grab more power.
But there were signs that the dispute — focused on two clauses — was not put to rest. Several Shiite council members said the disputed clauses will be subject to further negotiations and perhaps amended in a later document.
Grand Ayatollah Ali Al-Sistani issued a fatwa on his website saying the document “will not gain legitimacy except after it is endorsed by an elected national assembly.”
Al-Sistani also made clear his reservations about the document. “This law places obstacles in the path of reaching a permanent constitution for the country that maintains its unity, the rights of its sons of all sects and ethnic backgrounds,” he said.
The ayatollah did not denounce the charter or call on his followers to reject it. But the fatwa adds weight to demands by Shiites on the council for amendments.
Council member Ibrahim Al-Jaafari read a statement signed by 12 of the 13 Shiite council members that said they agreed to sign the interim constitution without demanding changes in order to safeguard national unity — but that they want their concerns dealt with.
“We say here our decision to sign the document is pegged to reservations,” Al-Jaafari said. “In reality we had a choice between delaying the constitution or dealing with our reservations, particularly on two clauses, in an annex.”
They said the clauses might be amended in an addendum to the interim constitution that is expected to be issued next month or in May to decide the shape and functions of an interim government that will take over from the US-led coalition on June 30.
“We cannot allow an unelected body, like the Governing Council, to bind an elected body,” said Shiite member Ahmad Chalabi.
