Towards a Unified Peaceful Non-Sectarian Democratic Iraq
August 2009
Contents
Concerns Based on Current Facts on the Ground 2
Assessment Based on the Current Concerns 4
Urgent Recommendations to the Iraqi Political Forces 7
Urgent Recommendations to the United States Government 8
Fatally Flawed Premise Underlying the Current U.S. Policy 8
An Urgent Need for a Fundamental Policy Shift 10
P2) International Transitional Authority 11
Urgent Recommendations to Regional and International Interested Parties 13
Introduction
We, the undersigned, are concerned Iraqis, living in Iraq and outside Iraq, men and women, professionals and intellectuals, who recognize that a semblance of progress towards peace and stability has been made in our beloved Iraq, the cradle of human civilization. However, the path towards realizing a sustainable state of stability, justice, peace, and democracy remains long and tortuous, and the challenges are immense. We support the unconditional withdrawal of all foreign troops and presence from Iraq. We strongly believe that Iraq must have full sovereignty as a unified democratic non--sectarian state with equal rights and justice to all of its citizens, irrespective of race, creed, religion, color, ethnic origin, beliefs, gender, or tribal affiliation and without the presence of any foreign military forces.
Concerns Based on Current Facts on the Ground
In the past few months, there has been some progress on a number of fronts, including security and local provincial elections. However, the political process in Iraq is still blocked by disagreements and opposing views that form key obstacles in achieving any progress towards a safer, more stable, and democratic Iraq. Therefore, we are concerned that the assessments of the progress made by the media, the Iraqi government and the US administration officials have been substantially overstated and that the facts on the ground in Iraq remain alarming and potentially devastating. Here are few of these facts:
- The forces of divisiveness, sectarianism, and fragmentation remain strong and active throughout Iraq. These forces are embedded into the system of governance established after occupation.
- The structure of most of the institutions of the Iraqi government, including the civil service, security, army and police forces, remains largely sectarian. These institutions are exercising repressive power against groups of different political or sectarian persuasion;
- Sectarian and ethnic groups retain active and visible militias throughout Iraq, further weakening the roles of the Iraqi government and civic society;
- The existence of these militias is forcing and encouraging other groups to explore the formation of their own private militias, and, hence, accelerating the trend towards more divisiveness, renewed insurgency and prospects of wider warfare.
- The increasing tension between the Central Government and Kurdistan Regional Government over the so–called "disputed area", the ownership and management of oil resources, and the sharing of financial revenues is threatening, at any moment, the breakout of Arab-Kurdish violence.
- The process of political reconciliation on a non-sectarian basis is stalled. It is a fact that several key disputed issues, such as the oil revenues, the city of Kirkuk, and the militias, remain unresolved, although negotiations have been ongoing since 2003 to resolve them. It is also a fact that the flawed and outdated Iraqi constitution remains in effect, with no credible hope of reform. Despite promises of reform and amendment, the constitution has not been modified, since it was passed through a referendum in October 2005.
- Transparency International has classified Iraq, for the past three years, as one of the most corrupt states in the world. Tens of billions of US dollars have been spent to reconstruct the infrastructure, schools and health systems, since 2003. Nevertheless, the levels of these services remain lower than pre-2003 levels and many more billions have disappeared and not been accounted for.
- The environment of Iraq is in a state of disaster. Depleted Uranium, used by US forces, pollutes most of the country with radiation with devastating consequences to public health.
- The UN reports: "The economy is unable to provide enough work for 28% of the labor force … Unemployment is concentrated and rising among younger men … Only 17% of Iraqi women participate in the labour force."
- We note with horror that since the illegal invasion of Iraq six years ago, today we have the following demographic and social facts:
- Estimates put the number of civilian Iraqis who perished by violence anywhere between DOD's estimate of 100,000 and the Lancet field report of roughly 1.5 million.
- "UNHCR estimates more than 4.7 million Iraqis have left their homes, many in dire need of humanitarian care. Of these, more than 2.7 million Iraqis are displaced internally, while more than 2 million have fled to neighboring states, particularly Syria and Jordan. Many were displaced prior to 2003, but the largest number has fled since. In 2006, Iraqis became the leading nationality, seeking asylum in Europe."
- Iraq's cherished minorities (such as the Mandaneans, Assyrians, Chaldeans and the Yazidis) with their numerous rich cultural diversity and contributions to Iraq's well-being, are now nearly extinct. The process of liquidation of these minorities continues unabated.
- The status of Iraqi women, in law and in public practices, has regressed to a level far below the status they had achieved in the fifty years prior to the occupation. "Only 18% of women participate in the labour force, compared to 81% of men. This is a low figure compared to other countries in the region. Women with lower educational levels are more likely to be outside the labour force."
- Iraq has more than a million widows. Sources indicate that there are 3 to5 million orphans.
- The process of assassination and intimidation of Iraqi intellectuals continues unabated. Thousands of Iraq's outstanding intellectuals, professionals, academics, and scientists have been assassinated and are continuing to be assassinated. Tens of thousands have been forced to flee Iraq and become refugees. Some estimates place the loss of doctors after 2003, due to assassinations and forced emigration, at more than 70%.
These facts are but a short list of the highlights of the extensive destruction caused, directly or indirectly, by six years of occupation, sectarian policies, unchecked rampage of armed criminal gangs, and rampant corruption. We recognize that many of these ills started before the 2003 invasion because of the dictatorship and the inhuman sanctions imposed on Iraq. However, these ills reached genocidal proportions because of the illegal invasion, the brutal occupation, sectarianism, poor constitution, and the lack of effective Iraqi leadership.
Assessment Based on the Current Concerns
The concerns above - the fundamental rift in Kurdish-Arab relations, the on-going sectarian policies, and other more disturbing facts - clearly lead us to believe that an irresponsible withdrawal of foreign forces will push Iraq toward greater conflict and more dire conditions. The escalation of such conflict will very likely engulf not only Iraq but also the whole Middle East in local warfare, instability, and destruction, endangering, in the process, far more than just Iraq security and stability.
On the other hand, any plan to keep US and foreign forces in Iraq beyond December 2011 will definitely act as a trigger to a broader and more entrenched resistance to this extended foreign occupation. Such a development will not only engulf Iraq in more violence and instability, it will lead to the resurgence of a more vicious insurgency and accelerate instability and war in the whole Middle East region.
Our assessment is that if the US continues with the current sense of "victory is at-hand," and support to the current government "no-matter what", the likely outcome will produce one of two equally undesirable scenarios:
- An irresponsible withdrawal leaving chaos and possibly leading to civil war, or
- An extension of the occupation beyond December 2011 leading to a resurgence of insurgency and increasing violence.
A 'responsible withdrawal' is a withdrawal plan that returns sovereignty to the Iraqi people, by transitioning its powers to an International Transitional Authority (ITA), and respects their needs, requirements, and human rights, including their right of self-determination. It also supports all efforts at political reconciliation of the war parties that will be undertaken by the ITA.
The future of the World's peace, security, and prosperity depends on the realization, as soon as possible, of a sustainable just Middle East peace. Many factors and players enter the equation of achieving Middle Eastern peace. Among them is the necessary condition that a credible and legitimate democratic government in Baghdad is a party to such peace.
The coming few months building up to the Iraqi parliamentary elections, are critical to producing a more desirable outcome for the Iraqi people, and for peace and justice in the Middle East.
The Desired Future of Iraq
We call on the US, the neighbors of Iraq, and the numerous interested regional and international parties to respect and support the vision of the Iraqi people of their desired future, including:
- A unified non-sectarian democratic Iraq: Iraq needs a unified non-sectarian democratic and a strong sovereign national government, bounded by the rule of law and democratic checks and balances. The Iraqi people strongly desire such a government as indicated by the results of the last local elections and by numerous field studies. Federalism as defined in the current Constitution and as implemented has become a euphemism for divisiveness, fragmentation and dissonance. Federalism or other forms of governance in the context of the Iraqi people exercising its free will of self-determination are acceptable provided it leads to peaceful coexistence and the development of the whole country.
Many developed nations are unified. They have a wide diversity of political systems, and they enjoy a well-balanced distribution and sharing of power.
- Citizenship: An Iraqi state in which Iraqi citizens, irrespective of gender, creed, color, religion, ethnicity, or belief, are equal in their citizenship and have equal rights before fair, just and enforceable laws must be our goal. Laws must protect and unequivocally guarantee the rights of freedom of speech, assembly, petition of their government, and protection for the rights of all minorities: political, ethnic, gender, or religion. Citizenship, not members of a sect, ethnic group, or a tribe, is the necessary pillar for building a viable democracy;
- Political Process: An Iraqi state must ensure a fair, transparent and accountable political process for all Iraqis. It must safeguard all citizens from the tyranny of the rule of militias and armed gangs. All political groups within Iraq must renounce violence to achieve political aims, ethnic goals, and militia rule. Respect for the fundamental rights of speech, assembly, petition to the government, and other basic human and political rights must the cornerstone of new Iraq;
- New Constitution: An urgently needed new Constitution, or an evolved one, that represents the will of the Iraqi people-- all of the Iraqi people-- to establish a more balanced non-sectarian, legal framework that emphasizes the principles of equal citizenship, social justice and the protection of the rights of women, the disadvantaged, and minorities;
- Minorities: An Iraqi state that upholds the rights of all ethnic and national groups throughout Iraq to live and develop in peace, and to celebrate their own history, language, and culture;
- Natural Resources: An Iraqi state in which the ownership of natural resources, including oil and gas, remains centralized and under public jurisdiction and administration, and whose returns will be used equitably to serve the interests of all the Iraqi people in order to build prosperity for all.
Urgent Recommendations to the Iraqi Political Forces
We recommend that the Iraqi Government, Iraqi political parties, and Iraqi forces of resistance accept and act faithfully to realize the following:
- Strong National Government: The Iraqi political groups must commit to the building of a strong national government in Baghdad dedicated to the success of a unified democratic Iraq. All these efforts must take place within the confines of the democratic controls of transparency, non-sectarianism, ethnic equality, and open participation by all Iraqi citizens. The building of such a national government, without corruption should start as part of the transitional arrangements and under the auspices of the International Transitional Authority.
Non-Sectarian Professional Government: The institutions of the government - including the civil service, law enforcement, army, security, and diplomatic services - must be built on the principles of service, professionalism, and non-political meddling, and must be devoid of sectarianism;
- Political Reconciliation and renunciation of political violence: A more open and participatory national political dialogue and a concomitant electoral process of reform must be urgently developed – one where all parties and individuals are allowed to freely and safely participate in the national debate leading up to the national elections in the next few months. This dialogue should lead to internationally supervised free and open elections -- with the assistance of the UN, Carter center, and other similarly reputable organizations--- and an open process to reform of the Constitution immediately after the newly-elected National Assembly takes office in early 2010. All the political parties participating in this enhanced conciliation process must renounce violence as a means for achieving political goals and must accept that all militias will be dissolved and its members properly integrated in new Iraqi military and security forces.
- Social Reconciliation: The Debaathification program, and its current sequel, must end immediately and be replaced with a newly established and independent Truth and Reconciliation Commission of Iraqi jurists augmented with international jurists and advisors of trust and credibility. The Commission should be formed independent of the Iraqi Government, or any of the political parties, within the confines of Iraqi sovereignty, and empowered with subpoena powers. Its purpose would be to allow people to air in public their grievances and confront their abusers on matters pertaining to:
- All crimes committed against Iraqis and against humanity by any Iraqi or foreign persons, including US citizens, from the current and previous regimes, whether they were officials or independent operators;
- All corruption and theft of public funds;
- Acts of genocide, ethnic cleansing, or sectarian cleansing.
- All crimes committed against Iraqis and against humanity by any Iraqi or foreign persons, including US citizens, from the current and previous regimes, whether they were officials or independent operators;
- Sovereignty: All parties must commit to the end of foreign meddling, intervention, and to the withdrawal of all non-Iraqi bases and forces;
- Refugees: The Iraqi Government must assume full responsibility for the well-being and the resettlement of displaced Iraqis and refugees.
Urgent Recommendations to the United States Government
Fatally Flawed Premise Underlying the Current U.S. Policy
The policy premise that the Obama Administration inherited from the Bush Administration and decided to build on it its new approach, fundamentally assume the following:
- Victory is at-hand; legitimacy in Baghdad has been established in the form of an Iraqi Constitution, a Parliament that was elected under that Constitution and an Iraqi Government--- the Al-Maliki Government--, which has been commissioned by the Parliament to govern Iraq.
- All agreements with that government, including SFA and SOFA, are valid binding agreement between two sovereign powers.
- By derivation, political conciliation is a necessity, but only in the context of accepting and evolving this legitimacy framework.
This policy assumption is flawed and invalid for the following reasons:
- The invasion and occupation of Iraq was an illegitimate act of international aggression against a sovereign nation and a founding member of the UN and the Arab League.
- This illegitimate invasion and occupation of Iraq introduced a sequence of changes, directives, laws, and arrangements that are all illegitimate by international law, doubly so because the invasion, also, was not legitimate. Hence, all these arrangements: Constitution, Parliament, Governance structures, Federalism, etc. are illegitimate arrangements from the perspective of the Iraq people. These are the fruits of the poison tree.
- The US, its "coalition of the willing", now defunct, and its Iraqi supporters have imposed an occupation regime that has either exaggerated or introduced disastrous policies with far reaching consequences to the society, the people, the infrastructure, the civil contract, and to its governance structures. These disastrous consequences continue until today, unabated, and continue to impose havoc on Iraq. Elsewhere in this report, we have highlighted some of these disastrous actions and policies.
- By virtue of the invasion, occupation, and the reckless disregard for Iraq's history, traditions, laws, the US is incapable of facilitating a lasting political situation in Iraq by virtue of what it has done. There is a persistent mistrust of the US role and policies in Iraq and in the whole region. This mistrust inhibits its ability to negotiate a transition to a democratic solution, inclusive of political and social forces, that is capable of bringing peace, stability, and sustainable development to Iraq.
- The policy pursued by the current administration runs contrary to the strategic interests of the United States in seeking peaceful resolution throughout the Middle East (including the peaceful resolution of the Arab-Israeli conflict). The corner stone of the US strategic interest in establishing negotiated peace in Palestine, in Iraq, and in the whole region must be the return of trust to US image, policy, and role. Another corner stone is the emergence of a stable partner for peace in Baghdad that is a party that can sustaining this peace. The current policy will most likely not lead to such a sustainable stable government.
- Supporting non-sectarian political reforms in Iraq will shorten the need for the presence of United States' armed forces in Iraq. The US will save billions of dollars, now directed at sustaining the mission in Iraq.
All alternative scenarios of continuing the occupation or waiting for the current set-up in Baghdad to become strong and entrenched around a platform of sectarian and ethnic divisiveness will invariably lead to resurgence of a more radical resistance and a more rapid destabilization of the region.
For the US to begin to gain any trust in Iraq and the region, it must recognize its culpability in destroying the fabric of Iraqi society – a direct result of its strategic blunder in illegally invading and occupying Iraq. It must faithfully implement the recommendations below to ensure that Iraq achieves a sustainable social, political, and economic progress.
An Urgent Need for a Fundamental Policy Shift
For the sake of security, stability, and national reconstruction in Iraq and the Middle East, and for the sake of US strategic interests, we call on the US government to promulgate and implement the following changes to policy. We call on the US Congress to pass a resolution that will guide the US government in the pursuit of these policies. These policies are:
P1) Military Withdrawal
The US must declare that it will withdraw all its forces by Jan 1, 2012 or earlier. All forces imply all combat forces, all bases, all advisors, all mercenaries and contractors, and all covert presence.
P2) International Transitional Authority
The US could consider transitioning its military presence and political authority to an international transitional authority that assumes, as soon as possible, political and security authority and that prepares the path to a new constitution and new expression of the will of the Iraqi people with involvement and participation of all political parties.
P3) Political Approach
The US political approach to Iraq and towards resolving the crises in Iraq has to be changed from the current Obama Administration policy that is pursuing a modified policy from that left behind by the Bush administration.
We detail these policies in the Section on the political approach, below.
P4) The Rebuilding of Iraq
The US should commit itself to continued and sustained support the efforts of the Iraqi people to rebuild our preferred future.
P1) Military Withdrawal
The US should ensure full and complete withdrawal of all US forces, combat forces or otherwise, all US bases, all foreign forces, all air, land, and naval bases, all advisors, all mercenaries and contractors, including mercenaries and civilian employees of these forces, and all covert presence. This withdrawal should be completed according to a timetable no later than Dec 2011.
This call for a withdrawal aligns with the policy declared by President Obama stated in his Feb 27, 2009 speech with the following additional provisions:
- Consider opportunities to accelerate that withdrawal and returning full sovereignty to Iraq as soon as possible. The US should seriously consider withdrawing all its forces by the end of August 2010.
- The US should respect the will of the Iraqi people, if a referendum of the Iraqi people demands even an earlier withdrawal
- Clearly the intent is to include all military, civilian, and contractor personnel associated with the forces of occupation
The US policy should prohibit any US presence whether in the form of contractors, advisors, military consultants, military bases, or covert operators in all of Iraq --- central government or other local governance. The US Congress and Administration should enact this prohibition into a law to ensure that such strategic follies do not repeat themselves in the future.
P2) International Transitional Authority
Given the lack of credibility and lack of trust toward the US policies in Iraq and in the region, the US could move promptly, as it simultaneously withdraws its military forces and completes its disengagement in Iraq, to turn over transitional powers to an accepted international or regional body, like the UN, that can establish an International Transitional Authority (ITA). The ITA's mandate should include a plan to introduce international forces to fill the vacuum and assume security responsibilities. The mandating power should define the mandate of ITA a formal resolution with limited duration, benchmarks, and regular reporting.
The ITA shall have the following powers and responsibilities:
- Assume security responsibility of Iraq and prevent a power vacuum from developing.
- Establish a transitional governance to govern Iraq while it continues to prepare the political, security, civic, and facilitate conciliation.
- Prepare the country for new elections with the participation of all political parties and for a constituent assembly to draft, or revise, the Iraqi constitution.
- Establish a follow-up political process to limited authority governance to prepare for the election of a new parliament that will appoint the new government.
- Dissolve and disarm all militias.
- Facilitate the formation and implementation of the Truth and Conciliation Commission (see below)
- Assume immediate and concerted action to fight corruption and prepare the way that Iraq's natural resources would be invested to build the infrastructure and serve the Iraqi people.
- Address vigorously the issues of the Iraqi refuges including their resettlement in Iraq or outside
P3) Political Approach
The US should support the concept that all transitional arrangements should involve all Iraqi forces and political groups and should lead to an open, free expression of the will to exercise the right of self-determination of the Iraqi People, free from the burden of the occupation or any other form of intervention. This should include support of the revision of the Iraqi Constitution, free elections in which all forces will freely participate under international supervision, and the end of sectarian and ethnic divisive policies and corruption.
- Support Iraqi real sovereignty: Continue, unequivocally, to support all institution building in Iraq based on a non-sectarian platform similar to the position taken by President Obama concerning rebuilding of the Iraqi Armed Forces and continue to use the influence of the US to entice regional powers to respect Iraqi sovereignty and refrain from intervening into the internal affairs of Iraq.
- Open Dialogue: Conduct an open dialogue with all Iraqi nationalist and resistance forces and encourage the International Transitional Authority to do the same in the pursuit of processes and regulations that engages all Iraqi parties in a peaceful democratic process to establish legitimacy and wise governance.
- International: Use the influence of the US to engage regional and international powers supporting the sovereignty of Iraq and the will of the Iraqi people, including removing Iraq from UN Charter Chapter 7 obligations.
- Truth and Reconciliation (TRC) Commission: Support the formation of and participate with the ITA and the Iraqis in establishing a Truth and Reconciliation (TAR) Commission of Iraqi and international jurists of trust and creditability.
P4) The Rebuilding of Iraq
The US should publicly commit itself to continuing and sustained support of the efforts of the Iraqi people to rebuild the country and end the destruction of the people, ethnic groups, and the environment, including the repair of damage from radioactive materials. Further, the US should commit to support the effort to safeguard the interests of the Iraqi refugees and their right to choose to return to Iraq or find appropriate humane settlement for them, including allowing increasing numbers of Iraqis to emigrate to the U.S., if they so desire.
- Respect: Respect the right of the Iraqi people to choose their leaders and their laws, and their national democratic processes. Irrespective of the outcome of an open democratic process, the US should commit to respecting the will of the people, and regimes that are the outcome of such processes. It is critical in this phase of history for Iraq's government to be a sustainable democracy.
- Social & Economic Support: Commit to support, financially and politically, the reconstruction of Iraq; over a minimum of ten years period;
- Debt: Take a lead role in assisting Iraq in eliminating its current level of debt and establishing an International Bank for the Reconstruction of Iraq that focuses on loaning money for development of infrastructure, health, education, welfare, and other projects to close the social and economic gap across all Iraq.
- US Embassy: In this context we recommend that the US transforms its sprawling Embassy in a Baghdad to a University that will be an icon of friendship between the US and Iraqi people for peace, democracy, development, and prosperity.
Urgent Recommendations to Regional and International Interested Parties
We call on the regional and international parties, particularly countries bordering Iraq, to:
- Commit to support the international transitional authority and facilitate its work at rebuilding Iraqi political and civic society. These regional powers have to consider lowering their intervention in Iraq for the sake of their own security and allow a peaceful democratic process to emerge in Iraq.
- Commit to and facilitate the building of a strong unified national government in Baghdad within a democratic non-sectarian state,
- Actively support the efforts of international agencies to sustain and support the relocation of Iraqi refugees,
- Respect the will of the Iraqi people, expressed through free elections,
- End the unjust debt imposed on Iraq for the past 25 years, and help Iraq to emerge from the mandate of UN Charter Chapter 7
- Facilitate and participate in the effort to reconstruct Iraq to the interest of the Iraqi people.
Sponsor's Signatures
We support the substance and the approach of this Position Paper on Iraq and call on Iraqis of good will to support it and consider it in the discourse for a better future of Iraq.
Name | Profession | Address | |
Future of Iraq Group | See end note about the Group Description | Washington, DC | |
Dr. Sami J. AlBanna | Architect, Advanced Systems | Bethesda, MD | |
Dr. Tareq Ismael | Professor of Political Science | Calgary, Alberta, Canada | |
Mr. Naseer Nouri | Aircraft Engineer & Pilot | Washington, DC | |
Dr. Adil Shamoo | Professor, University of Maryland School of Medicine | Baltimore, MD |
End Notes