Striking the right balance in Iraq
By Lawrence Korb and Brian Katulis | May 4, 2006

THREE YEARS ago this week, President Bush declared the end of major hostilities in Iraq in front of a ''mission accomplished" banner on the USS Abraham Lincoln.

But as events have demonstrated, the mission is far from accomplished. Since May 1, 2003, Iraq has suffered from daily terrorist attacks, and it teeters on the brink of civil war. The oil-rich Gulf region has become less stable, contributing to a run-up in gas prices at home and an increase in terrorist attacks around the world.

The administration's many mistakes in Iraq -- invading for the wrong reasons and without enough troops, as well as not having a clear strategy for Iraq's political transition and reconstruction -- have undermined US power and reputation and left us with no good options.

The key question now is: What should the United States do to minimize the damage to US interests?

Mr. Korb's suggestions are detailed at the Center for American Progress. Originally published six months ago, it was recently refreshed...I suspect in response to the plan supported by Sen. Biden amd Leslie Gelb.

The two are not different in spirit. Mr. Korb's work is a lot more general though, which is appropriate given the additional six months Gelb and Biden had to work it out. Calls for the USofA to make various acknowledgements Our Leaders are physically incapable of are a significant part of the plan, and I like that. Mr. Gelb's program doesn't make the specific statement, but the recognition of the facts on the ground makes it obvious he's acknowledged it internally.

The soft partitioning of Iraq is legally supported by the Iraqi constitution. The mechanism to do so is fully defined.

SECTION FIVE: POWERS OF THE REGIONS

CHAPTER ONE: REGIONS

Article 112:

The federal system in the Republic of Iraq is made up of a decentralized capital, regions and governorates, and local administrations.

Article 113:

First: This Constitution shall approbate the region of Kurdistan and its existing regional and federal authorities, at the time this constitution comes into force.

Second: This Constitution shall approbate new regions established in accordance with its provisions.

Article 114:

The Council of Representatives shall enact, in a period not to exceed six months from the date of its first session, a law that defines the executive procedures to form regions, by a simple majority.

Article 115:

One or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods:

A. A request by one-third of the council members of each governorate intending to form a region.

B. A request by one-tenth of the voters in each of the governorates intending to form a region.

Article 116:

The region shall adopt a constitution that defines the structure of the regional government, its authorities and the mechanisms of exercising these authorities provided that it does not contradict with this Constitution.

Article 117:

First: The regional authorities shall have the right to exercise executive, legislative, and judicial authority in accordance with this constitution, except for those powers stipulated in the exclusive powers of the federal government.

Second: In case of a contradiction between regional and national legislation in respect to a matter outside the exclusive powers of the federal government, the regional authority shall have the right to amend the application of the national legislation within that region.

Third: Regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge its responsibilities and duties, but having regard to its resources, needs and the percentage of its population.

Fourth: The regions and governorates shall establish offices in the embassies and diplomatic missions, in order to follow up cultural, social and developmental affairs.

Fifth: The Regional Government shall be responsible for all the administrative requirements of the region, particularly the establishment and organization of the internal security forces for the region such as police, security forces and guards of the region.

(As a side note, the Iraqi constitution is an amazing document...a jumble of Socialist principles embedded in a Libertarian/uber-Capitalist legal and economic framework.

Article 108:

Oil and gas are the ownership of all the people of Iraq in all the regions and governorates.

Article 109:

First: The federal government with the producing governorates and regional governments shall undertake the management of oil and gas extracted from current fields provided that it distributes oil and gas revenues in a fair manner in proportion to the population distribution in all parts of the country with a set allotment for a set time for the damaged regions that were unjustly deprived by the former regime and the regions that were damaged later on, and in a way that assures balanced development in different areas of the country, and this will be regulated by law.

Second: The federal government with the producing regional and governorate governments shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Iraqi people using the most advanced techniques of the market principles and encourages investment.

(Antiquities and antiquity sites, traditional constructions, manuscripts and coins are considered part of the national wealth which are the responsibility of the federal authorities. They will be administered in cooperation with the regions and governorates, and this will be regulated by law.)

And this is almost amusing

Article 17:

First: Every individual shall have the right to personal privacy, so long it does not contradict the rights of others and public morals.

Second: The sanctity of the homes is inviolable and homes may not be entered, searched, or put in danger, except by a judicial decision, and in accordance with the law.

You have privacy, except where "public morals" say you don't. Your home is sacrosanct, except where a law is passed that says otherwise. A true compromise.)

The major advantages of the Biden/Gelb plan are

1. It addresses what Americans want (which is "da hell outta there") in orderly fashion
2. It can be done quickly.

The problem?

The soft partitioning will be along the line of the communities Great Britain jammed together as they left the Middle East. We really don't like the idea of invalidating those old colonial borders...especially if it results in peace. It could give people ideas.