Declaration of the Shi'a of Iraq
(July 15, 2002)


Dear Sir or Madam:

 

We are appending for your consideration the document entitled “Declaration of the Shia of Iraq”. This is the result of two years of discussions and deliberations by a broad range of academics, professionals, religious leaders, intellectuals, military personnel, tribal leaders and businessmen, all of whom were joined by a common concern for the welfare of Iraq in general and the Shia in particular. The document is aimed at confronting the issue of sectarianism and the anti-Shia biases of the Iraqi state. This issue has been one of the great taboos of Iraq even though it directly and detrimentally affects the lives of the majority of Iraq’s population. 

 

The document strives to elucidate a Shia perspective on the future of Iraq and the necessary changes that have to be undertaken to reconstruct the state along lines of fairness and justice. We believe that the decent and equitable society that all Iraqis deserve cannot be established without dismantling the entire apparatus of state sectarianism and the deliberate disadvantaging of the majority community. The signatories believe that Iraq can only be revivified if its future is based on the three principles of democracy, federalism and community rights.

 

The Shia in Iraq have suffered from the deliberate targeting of their community identity, institutions and leadership. In the last two decades, the level of state repression has reached unprecedented heights, with mass expulsions, expropriations, destruction of schools and colleges, and wholesale murder and assassinations of the Shia leadership. The situation that the Shia face now is truly intolerable. Iraq is at a critical juncture in its history. The tyranny that has been inflicted on Iraq will pass, but the conditions that have allowed dictatorship to flourish must be removed once and for all if we are not to fall back into another form of misrule and oppression. What the Shia want from the Iraqi state is therefore a genuine and legitimate question.

 

The “Declaration of the Shia of Iraq” aims to answer this question.

 

Yours truly,

 

Dr Mowaffak Al Rubaie, Dr Ali Allawi & Dr Sahib Al Hakim

19 Beaufort Road

London W5 3EB UK

Tel  +44 7889 969 383

Fax +44 20 8961 6100

E Mail Mow@capitalemployment.com

 

 

 

 

 

 

 

 

 

 

 

Declaration of the Shia of Iraq

 

 

Introduction

 

A series of meetings were held in London during 2001 and 2002 to discuss the sectarian problem in Iraq and its effects on Iraq’s present conditions and future. A broad range of personalities were involved in these meetings ranging from intellectuals, politicians, military personnel, writers, tribal chiefs, academics, to businessmen and professionals, drawn from a wide political spectrum, including islamists, nationalists, socialists and liberals. These meetings were not constrained by any particular ideological or organisational considerations, with the participants being motivated primarily by a concern for the national interests of Iraq. The ideas expressed at these meetings were strictly those of the participants in their individual capacities, even though a number of them were attached to specific political groups or ideational currents.

 

The meetings had the important effect of facilitating the formulation of commonly accepted parameters regarding the sectarian problem in Iraq, and the methods that should be employed to tackle this issue in any future restructuring of the political order in the country. This document - Declaration of the Shia of Iraq- is the result of these discussions and deliberations.

 

  1. The Genesis of the problem

 

Following the establishment of the constitutional entity that became modern Iraq in 1923, and the organisation of its administrative and political affairs, the sectarian paradigm became a key organising principle of the governing powers. It then quickly evolved into a set of fixed political rules of power and control that has continued into present times.

 

A number of Iraq’s leading political figures were acutely aware of the dangers of pursing a deliberate sectarian policy on the part of the state and its deleterious effects on the country. They introduced a number of political initiatives and programmes that were designed to highlight and reverse the sectarian framework of governmental policies, and to counter the hardening of official sectarian discrimination against the Shia. The most important of these initiatives would include:

 

-        The detailed letter that King Faysal I addressed to his ministers in 1932, and in which he highlighted the injustice that has been afflicted on the Shia and the critical importance of addressing their concerns and sense of betrayal by the state.

 

-        The letter that was addressed to the Iraqi Government by Sheikh Muhammed Hussein Kashif al-Ghita in which he drew attention to the discrimination that has been meted out to the Shia and the necessity of removing its causes and manifestations.

 

 

-        The initiative of the Shia religious authorities under the guidance of the Imam Sayyid Muhsin al-Hakim in the 1960’s that encompassed representations to the authorities on the sectarian issue.

 

-        The 1964 letter of Sheikh Muhammed Ridha al-Shibibi that was addressed to the then Prime Minister of Iraq, Abdul Rahman Al Bazzaz, and which detailed the condition of the Shia and their grievances.

 

All of these initiatives shared a common concern that rejected the sectarian bases of political power and authority in Iraq, and its decidedly anti-Shia bias. These initiatives called for the abandonment of these sectarian policies, the granting of full political and civil rights to the Shia, and called for their treatment within the framework of sound constitutional principles based on a notion of citizenship that was inherently inclusive and fair.

 

These initiatives also provided the catalyst for subsequent activities in the fight against sectarianism that was joined by writers, intellectuals and the ulema, all of whom called for the dissolution of the sectarian structures of policy-making and the confirmation of the Shia’s civil and political rights in line with those of other groups in society.

 

However, none of these initiatives and activities met with anything but total rejection by the state, which continued in its sectarian biases irrespective of the damage that this caused, and would continue to cause, to the fabric of society and its integrity. The authorities simply ignored the catastrophic consequences of these policies, which were to influence all Iraqis regardless of their sectarian, ethnic or religious affiliations.

 

The Iraqi Shia problem is now a globally recognised fault line and is no longer restricted to the confines of Iraq’s territory. It has ceased to be a local issue, for the international community and its organisations (such as Amnesty International, Human Rights Watch, the UN’s Special Rapporteur on Iraq) have now acknowledged openly the existence of a serious sectarian problem in Iraq, and have expressed their sympathy and solidarity with the plight of the Shia of Iraq and the sectarian biases that they daily encounter from the authorities.

 

The sectarian issue has now emerged into the light of day in spite of the Iraqi authorities’ attempts, through their political and media apparatuses, to cover up its reality. The rights of the Shia are now an issue that is central to the present and future conditions of Iraq, and must now be included in any plan or programme that tries to tackle the reconstruction of the Iraqi state. It is for the very reason of its criticality that a calm and reasoned debate is now called for to discuss the rights and demands of the Shia.

 

This declaration draws on the long line of similar efforts made in the past by the leaders of the Shia in Iraq. It follows closely on their path of calling, responsibly and persistently, for the legitimate rights that are due the Shia, and in a manner that reflects properly the views of the Iraqi Shia as a whole. This is especially relevant today where the Shia in Iraq do not have an authoritative leadership that can tackle the issues and problems that concern them, not least their political, cultural and civil rights.

 

  1. Who are the Shia?

 

A dictionary definition of the Shia would be those who claim a historic loyalty to the Household of the Prophet and their school of Islam. In the context of Iraq however, the Shii is any person who belongs to the Jaafari sect of Islam either by birth or choice. The Shia in Iraq are not an ethnic group nor a race nor nation, but rather, can comprise any social combination that believes that its Shia fealty has led it to suffer from persistent sectarian disadvantage over the centuries.

 

The policies of discrimination against the Shia of Iraq have caused every Shii to believe that he or she is targeted because of their Shiism and for no other reason. The Shii is treated as a second-class citizen almost from birth, and is deliberately distanced from any major position of authority or responsibility. He or she suffers from an in-built preference given to others even though others are less skilled or qualified.

 

This sectarian pattern has been employed in Iraq over the centuries. The Shia were frequently the objects of the retribution and oppression of the authorities simply because of sectarian considerations, even though the intensity and frequency of the anti-Shia activities of the authorities might have ebbed and flowed. However, the oppression has been ratcheted up drastically over the past twenty years.

 

The determination of the authorities to implement these policies and their insistence on the continuing isolation of the Shia from any meaningful exercise of power has contributed, in the modern period, to the transformation of the Iraqi Shia into a recognisable social entity with its own peculiarities, far from any specific ideological and religious considerations. In other words the crystallisation of the Shia as a distinct group owes far more to the policies of discrimination and retribution than to any specifically sectarian or religious considerations. This condition now defines the status of the Shia in Iraq irrespective of the individual Shii’s doctrinal, religious or political orientations.

 

  1. The Shia and the modern Iraqi state

 

The Shia’s disillusioning experience with the circumstances that underpinned the formation of the first Iraqi government in 1920 was the defining historical factor in their political evolution. This statement can be amply justified by any number of impartial historical studies. The Iraqi state was designed within clear sectarian boundaries, with the intention of distancing the Shia and their leadership from the decision-making structures of the nascent state. And even though the sectarian principles of power and authority were not explicitly set out in the original basic law of the country, they became the unwritten code for generations of politicians in both monarchical and republican Iraq.

 

This is painfully ironic in as much as the Shia played a pivotal role in establishing the conditions for an independent Iraq, being the main actors in the Iraqi Uprising of 1920. The subsequent gross diminution of the position of the Shia in the Iraqi state cannot be reconciled in any way therefore with the importance that their leaders had in the struggle against foreign rule. The connivance of the foreign controlling power in the establishment of sectarian bases of political power set the stage for the evolution of the sectarian system that has continued to the present day.

 

  1. The Authorities’ objectives in pursuing sectarianism

 

The British occupation of Iraq was met by rejection from a united front between the Shia and Sunni populations of Iraq. Both groups were unanimous in refusing the occupation and insistent on the formation of a national government free of foreign control. This unity was further strengthened by the rejection of the two communities of all the projects and programmes advanced by the occupying administration to reconcile them to their condition, culminating in the common positions adopted by them in their support for the 1920 Uprising. However, Britain succeeded in dividing the two communities when it proposed the formation of an Iraqi government that was based on sectarian principles and advantage, and this became the model, which was followed scrupulously by subsequent governments.

 

The powers that controlled the Iraqi state strove to convince the Sunnis of Iraq that all the emblems and trappings of power, both civil and military, were the lot of heir community by right, and that any serious Shia involvement in the government would be at the expense of their controlling share of power. The authorities, both in monarchical and republican Iraq, succeeded therefore in both the weakening of any potential or real inter-sectarian solidarity as well as in marginalizing the role of the Shia. The raising of any specifically Shia demand for redress became the subject of vitriolic accusations of “sectarianism” by the authorities, even though the Shia were the prime victims of the state’s sectarianism. Patriotism and national unity became appropriated by the state as a cover for this sectarian reality.

 

The famous dictum of Iraq’s first prime minister, Abd el-Rahman an-Naqib, addressed to the Shia leadership who were advocating the rejection of the Mandate terms:

 

“ I am the owner (governor) of this land, so what do you (the Shia) have to do with it?”

 

 is an accurate gauge of the political direction that Iraq was to take. The principle of rejecting serious Shia participation in the state became the dominant recurring theme of the governing authorities. Sunnis were to rule by their vigilant control over the main sources of civil, military and social power, while the Shia majority were to be marginalized and isolated. In this way, the Shia’s numerical majority in Iraq would be overridden by the deliberate policies of sectarian preference and discrimination, and if need be, oppression.

 

This has been the basis of Iraq’s political life, with the state actively waging war against the Shia’s sense of identity, self-confidence and purpose. Violent propaganda campaigns were waged against the Shia and their beliefs, while the state never ceased to remind the Sunnis of the Shia menace and the threat that the Shia posed to their rights and privileges and to their superior social and political status.

 

The authorities never relented in their discriminatory policies against the Shia.Each new ruler in Iraq found himself confronted with the inchoate anger of the Shia, to which the classic response was to deflect and defuse that threat by a further reduction of the Shia’s presence and role. This constant increase in the level and extent of discrimination and state violence against the Shia has made an explosion inevitable.

 

This relentless increase of sectarian discrimination against the Shia has culminated in the present ruling powers aggressively working towards the elimination of any aspect of Shii public life, within a calculated plan to destroy the institutions of the Shia and thereby weaken and eliminate their communal underpinnings. Shia schools and institutions of higher learning, such as the Fiqh (Jurisprudence) College in Najaf and the College of Religious Sciences in Baghdad, were closed as was the cancellation of the Shia-inspired and backed but broadly non-religious University of Kufa.  Shia merchants and businessmen were deported in droves, mainly to destroy the economic and commercial vitality of the Shia. The violence perpetrated against the Shia ulema and study circles has been unprecedented, driving the Shia specifically, and the country generally, into an extremely dangerous crisis situation.

 

  1. The nature of the Shia opposition

 

In spite of the fact that the Shia in Iraq subscribe to numerous political and intellectual groupings, it is the islamist movement that has acted as the main political drive for the Shia at the present moment. The islamist current has been broadly connected, by political commentators and analysts in the region and internationally, with the aspirations of the Shia as a whole .As such, the islamist movement has been seen as reflective of the Shia’s views and aims, and in certain respects its proxy. To some extent this is an inappropriate attribution as the islamist parties in Iraq have an explicitly Islamic, rather than sectarian, orientation. Moreover, the condition of the Shia in Iraq is such that they can owe allegiances to a variety of political and cultural currents that are not necessarily islamic in direction.

 

The Shia’s opposition to the state in Iraq is based on political rather than sectarian considerations and has evolved as a consequence of a prolonged process of continuing sectarian discrimination and cruel oppression by the state.

 

  1. The politics of sectarianism

 

In spite of the long-standing nature of the policies of sectarian discrimination, Iraq has not witnessed social discrimination in terms of one community, the Sunnis, consciously oppressing another, the Shia. The discrimination with which the Shia have been afflicted is entirely the work of the state. This is a vital point to ponder, as the crises with which Iraq had to contend are a consequence of official rather than communal discrimination. Any programme that hopes to reconstruct the terms of power in Iraq has to start from the point of officially inspired discrimination and not mutual communal hostility.

 

It is crucial to differentiate between legitimate sectarian differences due to doctrinal and other factors, and a policy of officially sanctioned sectarian advantage and discrimination. Iraq suffers from a sectarian system and not from communal sectarianism per se. There is no overt problem between Iraq’s sectarian communities, but rather the opposite is the case, as Iraq has managed to accommodate, at the social level, the differences between its ethnic and sectarian groups. A relatively high degree of harmony has prevailed between the Sunnis and the Shia, in many ways superior to the conditions prevailing in most multi-ethnic and multi-sectarian countries. The struggle for national sovereignty and independence was joined equally by both the Sunnis and the Shia, at the level of their respective leaderships and right down to the community rank and file. Most of the national parties had a broad base of sectarian representation, and sectarian considerations did not dominate the response to key issues and moments that affected the destiny of the country.

 

The Shia’s main driving forces in their struggle for national independence and the building of the modern Iraqi state, were the rejection of foreign hegemony over Iraq and the insistence on sovereign independence. By acceding to the granting of the crown of Iraq to one of Sharif Hussain’s sons, Faysal, the Shia clearly indicated their willingness to transcend purely sectarian considerations when dealing with vital national issues, even though it could have been possible for them to demand a Shia king, given their relative weight in Iraq’s social and political landscape at that time. It is quite possible that the kingship of Faysal would not have materialised if the Shia religious and political leadership had vigorously opposed to it.

 

Iraq’s political crisis has nothing to do with either social discrimination or a latent Shia sense of inferiority towards the Sunnis, or vice versa. It is entirely due to the conduct of an overtly sectarian authority determined to pursue a policy of discrimination solely for its own interests of control, a policy that has ultimately led to the total absence of political and cultural liberties and the worse forms of dictatorship. It is not possible for Iraq to emerge out of this cul-de-sac without the complete banishment of official sectarianism from any future political construct, and its replacement by a contract premised on a broad and patriotic definition of citizenship that is far removed from sectarian calculations and divisions.

 

Any policy that calls for the official adoption of the division of powers on the basis of overt sectarian percentages- such as the situation in Lebanon- cannot be workable in the context of Iraq, given its social and historical experience, and will not resolve the current impasse. It is quite probable that such a solution may well result in further problems, dilemmas and crises being laid in store for the country. The only way out of this conundrum is the total rejection of the anti-Shia practices of the state, and the adoption of an inclusive and equitable system of rule that would define the political direction of the future Iraq. This is what the Shia want and not some bogus solution based on the division of the spoils according to demographic formulae, a condition that would very probably result in communal sectarianism becoming a social and political reality rather than a manifestation of an unscrupulous state authority.

 

The airing in public of the sectarian issues facing Iraq does not subject Iraq’s unity to any serious threat. It is intended to confront the problem directly, in order to correctly define its nature and to proffer solutions that would lead to its elimination. Ignoring the problem, or sweeping it under the carpet because of some ill-defined “threat” to national unity only compounds the issue and is an affront to the memory of the untold multitudes that have perished or suffered hardships and indignities because of their sectarian identity and allegiances.

 

There is the unavoidable reality that there are two sects in Iraq, a fact which it would be foolish to deny or ignore. The imposition of an enforced and artificial homogeneity on this reality only serves to compound the problem and pushes it to the point where an explosion becomes inevitable. The recognition and even celebration of Iraq’s sectarian diversity is an important platform in reconstructing the terms of dialogue between the state and the people, and by confirming the civil and religious rights of all the sects and groups in Iraq, the ground is strengthened for enhancing the sense of unity and patriotism in the country.

 

The sectarian issue in Iraq will not be solved by the imposition of a vengeful Shia sectarianism on the state and society. It can only be tackled by defining its nature and boundaries and formulating a complete national programme for its resolution. At the same time, the imperative of national unity should not be used as a pretext to avoid the necessity of dismantling the sectarian state and its harmful policies.

 

  1. Sectarian differences and sectarian discrimination

 

The distinction between the existence of sectarian differences and sectarian discrimination as such, must be established clearly. The state has masked its exploitation of the existence of sectarian differences in order to pursue its policy of sectarian discrimination.

 

The sectarian differences within Islam can be traced to the dawn of the Islamic era. Iraq’s Muslim population is divided between Sunnis and Shia and there should be no harm or fear about acknowledging this fact. The sects have co-existed by and large for generations with no serious sectarian crises resulting in consequence. Sectarian differences do not constitute a social, intellectual or political issue in the Iraqi context, and sectarian affiliations should be a matter of course.

 

The real issue is official sectarianism rather than sectarian differences. Or in other words, the exploitation of the differences between the sects for the purpose of discriminating between them in order to promote a specific policy of power and control. It is this deliberate policy of enshrining sectarian differences to promote discriminatory and retrograde policies that has been used to strip the Shia of their political and civil rights and to reduce them to the status of second-class citizens. The label of “Shia” has been sufficient cause to remove the ordinary Shii from any consideration of positions of power and authority irrespective of his qualities and competences, and in spite of his political affiliations. To be a Shia in Iraq is to be condemned to a lifetime of powerlessness, fear, anxiety and discrimination.

 

The absence of any noticeable Shia representation in the upper reaches of state and power is clearly evident and incontrovertible, as is the manifest discrimination employed against them. The reconstruction of Iraq’s state and society requires therefore a deep understanding of what the Shia actually want from their state, starting from the abolition of official discrimination and the return to them of their civil and constitutional rights from which they have been deprived for decades.

 

Civil and political rights must be guaranteed through the development of a body of laws and institutions that guard against sectarian discrimination. These should also aim to remove all traces of sectarian practices in Iraq and would be empowered with the authority to enforce these new policies. Sectarian loyalties that unite peoples who share a common heritage and history are a natural occurrence and each person should be free to declare his sectarian affinities without fear or anxiety. But this should not result in the enshrining of sectarianism as a policy or as a basis for political action.

 

  1. The Shia of Iraq and national unity

 

The lessons drawn from Iraq’s history are clear- the Shia have at no point sought to establish their own state or unique political entity. Rather, whenever the opportunity was afforded to them, they participated enthusiastically in nation-wide political movements and organisations, ever conscious of the need to maintain national unity and probably more so than other groups inside Iraq. This can be abundantly established by examining the Shia’s involvement in the struggle to establish the independent Iraqi state within its current recognised borders. The Shia, both in their islamist and non-islamist manifestations, have avoided being dragged into separatist schemes, and have been steadfast in their commitment to the unitary Iraqi state. The vital support that they gave to the claims of the Sharifian candidate to the Iraqi throne, in addition to the general sympathy that was exhibited to the cause of the Sharifs of Mecca after the Great War, was symptomatic of their patriotism.

 

This historic position of the Shia in favour of the unitary constitutional Iraqi state was not given its due measure, unfortunately, by successive Iraqi governments. In fact, the Shia role in safeguarding the unity of Iraq was constantly belittled and frequently ignored. The earliest political parties and movements in which the Shia were involved, were clear in their platforms and programmes of an absolute commitment to an independent and constitutional state stretching from the Province of Mosul in the north to the Province of Basra in the south. The slogan, “An Arab Islamic Government”, that was demanded by the Shia leadership in the referendum of 1919 is the incontrovertible evidence of the commitment of the Shia to an Arab/Muslim form of rule for Iraq, and the rejection of any status not commensurate with full political independence for the country.

 

This position of the Shia remained firm in spite of their oppression and discrimination at the hands of successive governments. The expulsion of Sheikh Mahdi al-Khalisi to Iran by the government of Muhsin as-Saadoun, in blithe disregard of the role that he played in securing popular approval for the demand for national sovereignty and independence, was one of the first manifestations of the policy of official anti-Shiism in action. But the constant harassments and threats that the Shia leadership were subjected to in the early days of independence did not deflect them from their commitment to the Iraqi state.

 

Even as we are in the midst of the present explosive situation, where state anti-Shiism has reached unprecedented levels of violence, the Shia have not raised the banner of withdrawal from the body politic of Iraq. The insistence on national unity as a clear starting principle has been the common denominator for all the active Iraqi Shia oppositionists, as has been the recognition that the problems arising from the atrocious misgovernment of the multi-ethnic and multi-sectarian state that is Iraq, could best be resolved in the context of a single Iraqi state.

 

The Shia of Iraq, in spite of being constantly and maliciously tested as to the depth of their national loyalty, have proven, time and again, their commitment to Iraq even at the expense of their own sectarian interests. Their call for the restitution of their civil and political rights can in no way be seen as a threat to national unity, when they have indisputably proven that they have been its principal protectors in word and in deed.

 

  1. What do the Shia want?

 

 

The demands of the Shia can be succinctly summarised as follows:

 

  1. The abolition of dictatorship and its replacement with democracy.
  2. The abolition of ethnic discrimination and its replacement with a federal structure for Kurdistan
  3. The abolition of the policy of discrimination against the Shia

 

The Declaration of the Shia of Iraq aims to elaborate on a Shia perspective on the political future of Iraq .Its principal points are as follows:

 

  1. Abolition of ethnic and sectarian discrimination, and the elimination of the effects of these erroneous policies
  2. The establishment of a democratic parliamentary constitutional order, that carefully avoids the hegemony of one sect or ethnic group over the others
  3. The consolidation of the principles of a single citizenship for all Iraqis, a common citizenship being the basic guarantor of national unity.
  4. Full respect for the national, ethnic, religious, and sectarian identities of all Iraqis, and the inculcation of the ideals of true citizenship amongst all of Iraq’s communities.
  5. Confirmation of the unitary nature of the Iraqi state and people, within the parameters of diversity and pluralism in Iraq’s ethnic, religious and sectarian identities.
  6. Reconstruction of, and support for, the main elements of a civil society and its community bases.
  7. Adoption of the structures of a federal state that would include a high degree of decentralisation and devolution of powers to elected provincial authorities and assemblies.
  8. Full respect for the principles of universal human rights.
  9. Protection of the Islamic identity of Iraqi society.

 

Firstly, Democracy:

 

Dictatorship has been one of the main factors that have buttressed the structures of official sectarian and ethnic discrimination, and constitutional democracy, operating through vital and effective institutions, is the necessary cure for this virulent ailment. The Shia do not want to solve their sectarian problems by creating an analogous one for other groups. Rather, they are seeking redress through a system that would guard the rights of all the constituent elements of Iraq’s society, whereby all will be treated on an equal footing.

 

Secondly: Federalism

 

One of the key elements of the Iraqi conundrum is the near exclusive concentration of powers in the capital, Baghdad, in a manner that has robbed the outlying regions of any opportunity to address their local concerns, needs and special conditions and particularities. The solution has to be in the devolution of powers and authorities to these areas within a framework of broad administrative decentralisation.

 

Federalism as a system would be designed to negotiate between the need to have a central authority with effective but not hegemonic powers, and regions that enjoy a high order of decentralised powers, all within a framework of careful delineation of rights and responsibilities as between the centre and the regions. Ideally, a federal system would also legislate for the maintenance of Iraq’s unitary nature, but recognises the need to fully accommodate Iraq’s diversity.

 

Iraq’s federal structure would not be based on a sectarian division but rather on administrative and demographic criteria. This would avoid the formation of sectarian-based entities that could be the prelude for partition or separation.

 

The proposed federal system would grant considerable powers to the regions, including legislative, fiscal, judicial and executive powers, thereby removing the possibility of the centre falling under the control of a dominant group which would extend its hegemony over the entire country. Iraq’s federalist structures would benefit greatly from the experience of countries that have adopted this system of government successfully.

 

Thirdly: Abolition of the policies of sectarianism

 

The Declaration of the Shia of Iraq envisages the elimination of official sectarianism through the adoption of specific political and civil rights that would eliminate the disadvantage of the Shia.

 

A/ Political Rights:

 

In order to eliminate the accumulation of sectarian policies and codes of conduct employed by the authorities over decades, it would be necessary to examine the administrative structures of the Iraqi state and its civil and military institutions. In particular, the employment and promotion policies that have been pursued in the past must be remedied by policies that stress merit, effectiveness and competence as the basis for all employment. A federal authority with a remit to combat sectarianism would be established, which would examine closely the principles employed for filling all senior governmental posts, and which would be charged also with adjudicating all complaints and cases of sectarianism. The federal authority’s mandate could be extended to include the combat of all forms of sectarianism in official and private institutions.

 

A fund would be established to compensate all those who have been harmed as a result of sectarian and ethnic discrimination and policies. Such a fund would be administered by a council that would establish the norms and procedures for evaluating the extent of damages and the restitution due.

 

A set of laws would be introduced to abolish sectarianism and that would criminalize sectarian conduct.

 

A new nationality law would be introduced that would be based on a notion of citizenship that would emphasise loyalty to Iraq rather than to any sectarian, national or religious affiliation.

 

B/ Civil Rights:

 

The key civil rights that have a special resonance for the Shia would include:

 

  1. Their right to practice their own religious rites and rituals and to autonomously administer their own religious shrines and institutions, through legitimate Shia religious authorities.
  2. Full freedom to conduct their religious affairs in their own mosques, meeting halls and other institutions.
  3. Freedom to teach in their religious universities and institutions with no interference by the central or provincial authorities.
  4. Freedom of movement and travel and assembly on the part of the higher Shia religious authorities, ulema and speakers, and guarantees afforded to the teaching circles-the hawzas- to conduct their affairs in a manner that they see fit.
  5. Ensuring that the Shia’s religious shrines and cities are entered into UNESCO’s World Heritage Sites and are thus protected from arbitrary acts of change and destruction.
  6. Full freedoms to publish Shia tracts and books and to establish Shia religious institutions and assemblies. 
  7. The right to establish independent schools, universities and other teaching establishments and academies, within the framework of a broad and consensual national education policy.
  8. Introduction the elements of the Jafari creed and rites into the national educational curriculum, in a manner similar to the way in which other schools of Islamic jurisprudence are taught.
  9. Revising the elements of the history curriculum to remove all disparagement of the Shia, and the writing of an authentic history that would remove any anti-Shia biases.
  10. Freedom to establish Shia mosques, meeting halls and libraries.
  11. Respect for the burial grounds of the Shia.
  12. Official recognition by the state of the key dates of the Shia calendar.

13  Repatriation of all Iraqis who were forcibly expelled from Iraq, or who felt obliged to leave under duress, and the full restitution of their constitutional and civil rights.

 

 

Conclusion

 

It is essential that all the elements of Iraq’s political spectrum, as well as the representatives of Iraq’s varied communities, become involved in the process of finding a way out of the terrible situation that Iraq finds itself in now and which threaten its very survival. All these groups must participate in the process of change and the design of a new Iraqi state so that all have a stake in the outcome and could feel themselves true and equal partners in the country.

 

The Iraqi crisis has to be tackled at all its levels-political, through the elimination of dictatorship; sectarian, through the abolition of sectarian discrimination; and ethnic, through the elimination of ethnic and national preference. Furthermore, it would be necessary to consider policies and programmes that would provide redress to the many aggrieved groups in the country, and to establish a vision of Iraq’s future in which all would share. Any shortfall from this objective by adopting one perspective over another on the grounds of a gradualism that postpones the tackling of these issues to some indeterminate date in the future, is a recipe for further suffering and possibly disaster. 

 

Constitutional guarantees and rights must be afforded to all of Iraq’s groups and communities, as well as the means to defend or enforce them. This must be the minimum requirement for rebuilding the Iraqi state on a new basis. The order of priorities in this declaration have been ranked in a methodical manner, and the sequential adoption of the policies that underpin needed change are based on the principle of their voluntary adoption through information dissemination and persuasion rather than their imposition by force or fiat.

 

The adoption of the constituent components of Iraq’s society of the elements of this declaration is important, not least for the reason that each should feel that they have accepted the main sources of grievance and redress of the other groups, and that they have all participated equally in the fashioning of a new Iraqi order.

 

 

Annex 1

 

The following are the main studies and works that have tackled the Iraqi Shia problem.

 

  1. The speech given by Sayyid Baqir al-Hakim in Tehran under the title: “Shia consciousness in Iraq”, dated 1402 AH
  2. The book “ The Crisis of Power in Iraq”, by Abd el-Karim al-Uzri
  3. The book “The Shia and the Nationalist State”, by Hassan al-Alawi
  4. The booklet “What do the Shia of Iraq want”, by Sayyid Muhammed Bahr al-Uloom
  5. The seminar on “ Facets of the Shia crisis in Iraq” that was held under the auspices of Sayyid Abd el-Majid al-Khoei in the Khoei Foundation, London, 2000.
  6. The book “The Shia issue in Iraq and the Husseini rites”, by Ibrahim Hamoudi
  7. The book “The present circumstances of the Shia of Iraq”, by Sayyid Muhammed al-Hayderi
  8. The book “ The New World Order and the Shia of Iraq”, by Adel Abd el-Mahdi
  9. The book “ An assessment of the fighting capabilities of the Shia of Iraq” by Mahdi Abd el-Mahdi
  10. The booklet “The Shia Pronouncement” by Ghalib Shabandar

 

 

Annex 2

 

A partial list of signatories to the document follows:

   

Abdul Karim, Hayfaa (Mrs.)                           The Continuous Picket, London

Abdul Mahdi, Adil                                          Researcher, Writer, France

Abdul Razzaq, Salah                                          University Lecturer, Netherlands

Abu Qlaam, Khalil Mohammed Hussein         Businessman

Abu Qlaam, Hadi                                            Bank Manager

Abu Tebeekh, Abbas (Dr.)                              University Lecturer, USA

Ahmed, Nesh’at                                               Islamic Union of Iraqi Turkumen

Al Addad, Ali (Dr.)                                        Consultant to NGOs, Geneva

Al Adnani, Mohammed Sadiq (Professor)      University Professor in Medicine and Poet

Al Adwan, Ritha                                             Medical Analysis CA

Al Ali, Abdul Razzaq                                      Organisation of Faily Kurds

Al Ammar, Ali (Dr.)                                       Consultant in Medicine, CA

Al Aryan, Ali                                                  Ex Political Prisoner, Human Rights Activist

Al Askarl, Sami                                              Islamic Daw’a Party

Al Attar, Mohammed Falah ( Shiekh) Orator and Rhetorician( Islamic Media Center, CA

Al Atiya, Firial (Mrs.)                                                Activist on Women Issues

Al Atiya, Jihad                                                Businessman

Al Atiya, Malallah (Sheikh)                            Supervisor, Imam Ali Islamic Centre, Cardiff

Al Awad, Talib                                               Politician

Al Badran, Mohammed                                   Human Rights Activist, Nashfield, Tennessee

Al Badran, Ramadhan,                                    Human Rights Activist, CA

Al Basri, Abdul Aziz                                      Lecturer in Arabic Language and Literature

Al Basri, Kamal (Dr.)                                     Economist

Al Basri, Khairallah (Sheikh)                         Scholar of Religion

Al Bassam, Mehdi Salih (Dr.)                        Cardiologist, USA

Al Bustani, Abbas (Dr.)                                  University Lecturer, Researcher, Publisher

Al Bayati, Walid Saeed (Dr.)                         Writer, Researcher in Islamic & Arabic Civilisation

Al Chalabi, Hassan, Professor                        University Chancellor & Professor of Law, Lebanon

Al Dalli, Hadi (Dr.)                                        Veterinary

Al Eshayqir, Ibrahim (Dr.)                              Physician

Al Fadhil, Munthir (Dr.)                                 Visiting Associate Professor at the College of Law ICIS

Al Haeiri, Jawad                                             Writer

Al Hakkak, Hassan (Dr.)                                 University Lecturer

Al Hakim, Abdul Hadi (Dr.)                           University Lecturer, Academic Researcher

Al Hakim, Sahib (Dr.)                                     Rapporteur on Human Rights in Iraq

Al Hakim, Salih                                              Religious Scholar, Denmark

Al Hassan, Khalid,                                          Businessman

Al Hasani, Ali (Dr.)                                        Islamic Thinker, Writer

Al Hasani, Saleem (Dr.)                                 Writer and Journalist

Al Hashimi, Mahmood (Dr.)                           Consultant Ophthalmologist

Al Hebib, Hussein                                           Artist, Writer

Al Hilali, Mahir Mohammed Ali (Dr.)           Consultant in Haematology & Oncology

Al Hillo, Muthar (Syed)                                  Islamic Researcher     

Al Hussieni, Abbas (Dr.)                                University lecturer, Westminister University 

Al Hussieni, Ali (Dr.)                                     Consultant Physician

Al Hussieni, Bassam                                       Engineer, Iraqi Community, CA         

Al Hussieni, Riadh                                          Iraqi Media

Al Hussieni, Hisham (Sheikh)             Supervisor, Karbala, Islamic Centre, USA

Al Ibadi, Imad                                                 Engineer, Activist on Social Issues

Al Idi, Hassan (Dr.)                                        University Lecturer

Al Imara, Ghani Nassir                                   Tribal Chief

Al Jaddoe’e, Abbas Hatem (Dr.)                    Dental Surgery

Al Jubori, Najat  Hussien (Mrs.)                     Teacher          

Al Kadhimi, Mustafa                                       Writer

Al Khairallah, Jeleel                                       Iraqi Islamic Cadres

ِAl Khelili, Ibtisam, ( Mrs.)                             European Women Union

Al Kheteeb, Fadhil (Sheikh)                           Orator and Rhetorician

Al Kheteeb, Hussien                                       Human Rights Activist, Netherlands  

Al Kheteeb, ِِAbdul Majeed (Dr.)                    Consultant Paediatrician

Al Khateeb, Muhie Al Deen                            Diplomat

Al Kheteeb, Salah (Dr.)                                  Islamic Organisation of Human Rights, Geneva

Al Khirsan, Abdul Ameer (Dr.)                      Ph.D., adviser on Travel and Tourism

Al Kilidar, Adnan (Dr.)                                  Dental Practitioner

Al Kishmiri, Mohammed Baqir ( Sayed)        Orator and Rhetorician

Al Mahmood, Qasim (Dr.)                              University Lecturer

Al Mehdawi, Ali (Dr.)                                    University Lecturer

Al Merzuq, Qais (Dr.)                                     Communication Engineer CA

Al Manshed, Takleef Mohammed                   Al Fodhool and Aal Ghizzi Tribes 

Al Mize’l, Talib Harbi                                    Bani Rikkab Tribes

Al Mizeil, Ismael Harbi                                  Bani Rikkab Tribes

Al Mueeny, Salah Alattar                                Poet

Al Musawi, Abbass Kereem Nie’ma  (Colonel) Pharmacist, 1991 Uprising Committee       

Al Musawi, Abdul Hussein Ubaies(Colonel) Figure 1991  March Uprising

Al Musawi, Jawad Kadhum                            Businessman

Al Musawi, Isra’a Abbas (Ms.)                      Management, CA

Al Musawi, Mohammed (Syed)                      Secretary General of World Ahlul Bayt Islamic League

Al Musawi, Mustafa Zaidan                            Iraqi Islamic Accord

Al Musawi, Sabria Mahdi(Mrs.)                    Human rights Activist

Al Musawi, Zahra’a Niema (Mrs.)                 Society Activist

Al Qizwini, Baha’a (Dr.)                                Ph.D. Bio statistics

Al Qizwini, Ibtihal (Dr.) Mrs.                         Physician

Al Rezeen, Abdul Rahman                              Lawyer

Al Rikabi, A’adil Khidhir A’al Fashakh         Politics Activist, Washington, Seattle

Al Rikabi, Hussein Anbar (Dr.)                      Consultant in Medicine                      

Al Rikabi, Hussein                                          Politician

Al Rikabi, Fatima (Mrs.)                                Teacher

Al Risan, Jawad Kadhum                                Chief, Hatcham Tribe, living in Holland

Al Rubaei, Abdul Kereem                               Journalist, USA

Al Rubaei, Adnan Abdul Ameer                     Engineer, Businessman

Al Rubaei, Ahmed                                           Management and Economy College     CA

Al Rubaie, Ameer Jabir (Dr.)                         Ph.D. University Lecturer, Netherlands

Al Rubaie, Mowaffak (Dr.)                             Neurologist

Al Sa’yadi, Hassan Hadi (Dr.)                        University Lecturer

Al Sabah, Adul Ameer Ubaies                        Major General, Diplomat

Al Sabe’e, Taha (Dr.)                                     University Lecturer in Economics CA

Al Sadin, Ameen (Dr.)                                    Consultant Physician

Al Sadr, Ali Hussein                                       Engineer

Al Sadr, Mohammed (Dr.)                              Iraqi Democratic Platform, Ireland

Al Salihi, Mohammed                                     Management and Economics College CA

Al Sari, Majid                                                 Writer, Sweden

Al Sedaidi, Kholood (Dr.) Mrs.                      Dental Practitioner

Al Sehel, Hazim Baqir                                    Member of Bani Timim Tribe, living in Holland

Al Sehel, Sefeya Sheikh Talib Mrs.                     Independent politician                           

Al Sehlani, Fadhil (Sheikh)                             Spokesman for Muslim Scholars in USA

Al Shabender, Ghalib                                      Philosopher and Writer, Malmo, Sweden

Al Shaboot, Muhsin (Dr.)                                Politician

Al Shabut, Nebeel (Dr.)                                  Consultant Surgeon

Al Shabut, Neda (Dr.)                                     University Lecturer

Al Shabut, Nedeem Muhsin                             Computer Engineer

Al Shar’a Abdul Muneim Salih                       Engineer, CA

Al Shar’a, Azher Sachet                                  Contractor CA

Al Shar’a, Hassan Ibrahim,                             Businessman

Al Shar’a Hayder                                            Businessman CA

Al Shar’a Sachet Sayed Isssa                          Leader in 1991 Uprising

Al Sharr’a Salih Sayed Mohammed                Tribes Chief, 1991 Uprising Middle Euphrates,

Al Shar’a Sami,                                               Contractor CA

Al Shami, Hussein (Syed)                               Dar Al Islam Foundation Supervisor

Al Shatree, Aqeel                                            Electric Engineer CA

Al Shehristani, Hussein                                   Nuclear Scientist

Al Shekerchi, Dhia’a (Sheikh)                        General Secretary of Darul Huda. Hamburg

Al Shethir, Nasir (Dr.)                                    Former Judge

Al Shibib, Hashim                                           Diplomat, Politician

Al Shibibi, Arwa Mohammed Ridha (Mrs.)   Poet, Writer

Al Shibibi, Hala Sadiq (Ms.)                          Journalist

Al Shibibi, Sadiq Baqir                                  Lawyer

Al Shimmeri, Mohammed                               Businessman   

Al Swaij, Mohammed Zeki ( Syed)                 Supervisor, Islamic Propagation Foundation, USA

Al Tabatabei, Makki Hussein(Dr.)                  Consultant Paediatrician

Al Tae’e, Aziz                                                 Chief, American Iraqi Council, Philadelphia

Al Timimi, Imad Muhammed                          Businessman CA

Al Timimi, Sabah (Dr.)                                   Physician

Al Tuiraihi, Mohamed Saeid                           Historian, Researcher,           

Al Turaihi, Mohammed Jawad (Sheikh)         Former Judge

Al Turaihi, Muneer (Sheikh)                           Scholar of Religion

Al Uzri, Abdul Kereem                                   Writer, Former Cabinet Minister

Al Zubaidi, Nejim                                           Former Brigadier, Republican Guards

Al Yasiri, Tawfeeq (Major General)              Iraqi National Accord

Alatiya, Jeleel (Dr.)                                        Historian, Writer, living in France

Alhakim, Bayan (Dr.)                                      Interfaith International (UN), Geneva

Alhillo, A’mir ( Syed)                                    Head, Ahlul Bayt Islamic Centre, Vienna

Ali, Faiq Sheikh                                              Lawyer, Writer

Allawi, Ali (Dr)                                              Businessman, SAM, Oxford University

Allawi, Ja’afer (Dr.)                                       Consultant in Endocrinology

Allawi, Ne’am (Mrs.)                                     World Wide Welfare Organisation

Allawi, Sabah Hashim                                    Former Ambassador with the United Nations

Allawi, Tawfeeq                                             Businessman

Alwash, Azzam (Dr.)                                      PhD, Iraqi Forum For Democracy, USA

Bahroolom, Mohammed Zeki (Syed)              Islamic Scholar

Bhaya, Musa(Dr.)                                            Dental Surgeon USA

Bilal, Salah Aal (Sheikh)                                Religious Scholar

Bilal, Usama  (Dr.)                                         Consultant Psychiatrist

Derweesh, Aliya (Dr.)                                                University Lecturer in Engineering CA

Derweesh, Faruq (Dr.)                                    University Lecturer CA

Eshaiker, Muhannad                                        Architect, Iraqi Forum for Democracy

Ewadh, A’adil (Dr.)                                        Physician, Nebraska

Fliaeh, Salam                                                  Car Merchant CA

Hannon, Mohammed Shannan              Human Rights Activist, Washington DC

Hashim, Ali                                                     MSc. Businessman, USA

Hussein, Ibrahim Mohammed (Dr.)                 Politician

Hussein, Nawal Sheikh (Mrs.)                        Activist on Women Issues

Huwedi, Abdul Ameer (Dr.)                           Scholar of Religion

Ibrahim, Khalid                                               Front Line Organisation, Ireland

Jabr, Sa’ad Salih                                             Head, Free Iraqi Council

Kashif Alghita, Abdul Raheem                        Politician, Switzerland

Kashif Alghita’a, Fadhil Abbas (Dr.)             Consultant Physician

Mahdi, Manal, ( Ms.)                                      Engineer, USA                       

Maksud, Ghalib                                               Consultant in Law, USA

Maso’od, Hassan ( Sheikh)                             Secretary General Ahlul Bayt Association, Glasgow

Meshkoor, Fekhree (Dr.)                                 Consultant Physician

ٍMustafa, Abdul Rahman                                  Merchant, San Diego

Shnyien, Naif  ( Dr.)                                        Accident and Emergency

Shubber, Kadhum Syed Qasim                        Businessman, Spain

Shubber, Kadum Jawad (Professor)                University Lecturer: Management &Finance

Simsim, Radhi                                                 Politician, San Francisco

Tu’ma Mohammed                                          Businessman, Nebraska

Witwit, Ja’afer                                                            One of the Leaders of the 1991 Uprising

Witwit, Qaisar                                                Activist in the Iraqi Opposition

Witwit, Zaid                                                    One of the leaders of 1991 Uprising, living in Holland

Yousif, Maha (Dr.)                                          Dental Surgeon USA

Yousif, Mazin (Dr.)                                         PhD, Medicine

Yousif, Mayyada (Dr.)                                    Physician USA

Zaini, Mohammed Ali (Dr.)                            Economist

 

 

Annex 3

 

The following are extracts drawn from letters by leading Scholars and Jurisprudents, commenting on and supporting the Declaration of the Shia of Iraq.

 

Grand Ayatollah Sayyid Kadhim al-Haeri

 

“ I have received your letters regarding the extent of the effort needed to retrieve the rights of Iraq’s Shia, and my reply follows…

 

Firstly: The rights of the Shia have been violated for a long time and up to our period today. This has been caused not by our Sunni brothers but as a result of tyrannical governments. We do not ask the minority sect in Iraq, the Sunnis, to grant rights to the Shia, the majority, for the scholars of Islam have all agreed that Islam does not differentiate between the rights of Muslims, irrespective of their sects.

 

Each member of a sect recognises and respects the particularities of its own sect, and we as followers of the Household of the Prophet recognise the limits of our sect and respect them.

 

Secondly: We demand that all tyrannical governments in Iraq cease from trampling the rights of the majority Shia; as we demand from them also that they cease to trample the rights of the minority Sunnis .We say to these governments; We are all Muslims and we enjoy equality of rights under the mantle of Islam.

 

Thirdly: It is essential that the rights of national minorities such as our brothers the Kurds and Turcomen and others be respected in parallel to the respect of the rights of the Arabs. This is an issue that has no bearing on the issue of sectarian discrimination. And from this perspective, the division of the Iraqi nation into Kurds, Shia and Sunnis is not accurate and mixes between the ethnic issue and the sectarian issue. It would appear to us that this is a deliberate ploy on the part of the international hegemonistic powers.

 

Fourthly: We demand from any non-Islamic government in Iraq to relinquish power and to allow the Iraqi nation to choose for itself the type of government it wants, which we are sure is an Islamic government.”

 

His Eminence Sayyid Murtadha al-Askari, Dean, College of the Principles of Religion

 

“ Recognising what the Shia of the Household of the Prophet have achieved in Iraq, we affirm the following:

Firstly; That the Shia of the Household of the Prophet are the majority of Iraq’s population.

Secondly: They struggled, under the guidance of their scholars, for the independence of Iraq.

Thirdly: Following the Second World War they confronted, culturally, the spread of communism .The treacherous Baath party that is in control of Iraq has murdered their scholars including the leading luminaries the martyrs Sayyid Muhammed Baqir al-Sadr, Sayyid Muhammed al-Sadr, and the lady martyr Bint-ul-Huda.”

 

His Eminence Sayyid Muhammed Bahr-ul-Uloom

 

“… And the Iraqi Shia, being the majority in the country, have been the regular victims of these regimes, for whenever dictatorship increased in intensity, it was accompanied with an equal intensification of sectarian discrimination. The Saddamist dictatorship pushed further the limits of sectarianism by marginalizing the Shia religious authorities, and the liquidation of Shia scholars and notables and the destruction of their holy shrines and study circles. This was particularly 1991evidenced by the dictatorship raising the slogan of “ No more Shia as of today!” following the popular uprising.         

 

We believe that the struggle against the dictatorship must continue to remove tyranny and to replace it with the democratic alternative, and to remove political sectarianism. This will return to the Shia of Iraq their main role in rebuilding the state and realising the hopes of the people.

 

… And we must encourage all perspectives and objective analyses that are based on the recognition of the multiple particularities and identity of Iraq. We support vigorously all efforts that lead to the elaboration of a national programme that is commensurate with our people’s desire to build a civil society and a country that is based on law, in which the rights of the