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Shiites move ahead despite concerns about interim law


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Members of the Iraqi Governing Council sign their country's interim constitution.

CNN's Ben Wedeman on a rocket attack in Baghdad before the signing.

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BAGHDAD, Iraq (CNN) -- A leading Shiite on the Iraqi Governing Council voiced concerns Tuesday about Iraq's interim constitution but said he is now focusing on developing a government to carry the country into sovereignty this summer.

"We will not step away from our responsibilities, and we will stay on until this process is finished and we will not stop," said Abdul Aziz al-Hakim, leader of the Supreme Council for the Islamic Revolution in Iraq.

Calling it a new beginning for their country, members of the U.S.-appointed Governing Council signed the interim constitution Monday. The charter lays the groundwork for future elections, a permanent constitution and eventually a return to self-rule.

The signing ceremony was delayed last week after deadly bombings in Baghdad and Karbala and then last-minute opposition from Shiites on the Governing Council.

On Friday, the Shiite members backed out of the signing after the nation's top Shiite cleric objected to a provision that would effectively give three Kurdish provinces veto power over approval of a permanent constitution.

The clause at issue said that the permanent constitution would not go into effect without revisions if two-thirds of voters in any three of Iraq's 18 provinces reject it.

The provision gives a great deal of power to Kurds, who have a majority in three northern provinces, and to Sunni Arabs as well.

The three Kurdish provinces want more autonomy than the majority Shiites are likely to approve.

L. Paul Bremer, the top American civilian administrator in Iraq, signed off on the interim law, the U.S.-led coalition said Tuesday.

The measure goes into effect July 1, the day after the coalition hands over power to the Iraqis. The document will be the country's legal framework until a government is elected and a permanent constitution is written.

Some Shiite council members traveled to Najaf on Saturday to consult with Grand Ayatollah Ali al-Sistani and to explore his misgivings about the interim charter. But the Shiites decided to sign the constitution despite their concerns.

Not long after the law was signed Monday, Sistani issued a statement on his Web site saying, "This [document] places obstacles to arriving at a permanent constitution for the country. Any law prepared for the transitional period will not have legitimacy until it is approved by the elected national assembly."

Calling the constitution a "an important step forward," Hakim said council members, faced with delaying the signing, decided to move along the political process instead of stopping it.

But he stressed the document must be fine-tuned.

"There are various positions that are important and, with much of our efforts, we hope that we can treat and improve on these positions for the future," said Hakim, who said a consensus would be sought for any changes.

Accounting for 60 percent of Iraq's population, Shiites are concerned that the disputed clause could unfairly dilute not only their power but the will of the majority. Shiites were persecuted under the regime of Saddam Hussein, himself a Sunni Muslim.

Iraqi leaders "cannot impose an unelected law to an elected administration," Hakim said, pointing out that it "would be wrong to force an elected administration [to] abide to the conditions of an unelected administration."

He said parts of the new law impose restrictions that may limit the will of the people.

"If the majority of the people approve the constitution, the approved constitution will be the one that stays, but in this law there are restrictions, and this is one of the points that are supposed to be treated in the future," he said.

Even with the concerns, Hakim said he does not think Iraq is in danger of a civil war.

"We are a unified people, and there are strong ties between the Sunnis and the Shiites; there are strong ties between the Arabs and the Kurds, between the Muslims and the non-Muslims and between all the different sects in Iraq," he said.

"We have a strong will and we treat our differences by convincing each other."

Other development

  • A roadside bomb killed one U.S. soldier and wounded another Tuesday morning southeast of Baqubah, north of Baghdad, the U.S. military said. The soldier was a member of the 1st Infantry Division, the military said. The 1st Infantry Division is in the process of replacing the 4th Infantry Division, based in Tikrit. The latest death brings the number of U.S. soldiers killed since the Iraqi war began to 553.

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