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WaPost: Elections are a Bridge to Iraq's Future
A good background piece on the the shape of Iraq's government, post-election.
Can't tell the players without a program.

By Brett H. McGurk, former legal adviser to the Coalition Provisional Authority and the U.S. Embassy in Baghdad, who helped establish the legal framework for elections in Iraq.

Iraq's upcoming elections will be an event with real potential to turn the tide both in Iraq and in the war on terrorism. As Afghanistan demonstrates, credible elections -- elections that are perceived as free and fair -- can sap the influence of violent extremists whose only claim to power is brute force and intimidation. That is why the claims of Sunni groups that advocate a boycott of elections must be vigorously rejected. These groups, such as the often-cited Association of Muslim Scholars, fail to disavow violence, yet they claim that the electoral process is somehow rigged against them.

Rarely are their claims scrutinized. Indeed, it is remarkable that in all the commentary and reporting on the Iraqi elections, little has been said about what exactly those elections are for -- and how powers will be shared after the elections even if violence keeps some away from the polls. But there lies the answer to Sunnis who threaten a boycott. Iraq's interim constitution sets the framework for a transition to an elected government under a permanent constitution by the end of this year. As in any democracy, the majority will govern, but it is untrue that minorities thereby lack influence during this period. Any elected majority must share power to govern post-Saddam Hussein Iraq. The country is simply too diverse and intermingled for one group to peacefully control more than a small fraction of territory.

The interim framework accounts for this by incorporating checks and balances and important limitations on the central government in Baghdad. Iraqis are to elect a 275-member National Assembly to serve as both a legislative and constitutional assembly. But the powers of this assembly are to be shared with an independent judiciary and an executive branch that incorporates the views of Iraq's three principal factions. The selection process for the executive branch is vital. The National Assembly will appoint a three-member presidency council -- with each member receiving at least two-thirds support (or 184 votes) within the assembly. The presidency council must then unanimously appoint a prime minister, who will be the most powerful figure in the Iraqi government, as well as approve cabinet selections and appoint judges to Iraq's highest court. Thus the center of power in post-election Iraq will enjoy support across the political spectrum. And unlike the transitional model in post-conflict Bosnia, the process in Iraq requires debate among elected representatives, rather than simply locking in ethnic division from the outset, which leaves democracy stillborn. The process for drafting a permanent constitution similarly requires extensive outreach to all Iraqis, regardless of ethnicity or creed.
Posted by: trailing wife 2005-01-26
http://www.rantburg.com/poparticle.php?ID=54663