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Practical Federalism in Iraq

Venice Seminar 18-26 July 2006

Session Report

Language, Education, Culture, Religion

 

Participants discussed the elements that make up diversity within a nation, including language, education, culture and religion. In a federal system, these elements are accommodated by a negotiated distribution of competences and responsibilities between national and regional government. A federal system should not aim to cancel these differences, as can happen in over-centralised states, but on the contrary to provide flexibility and welcome and harmonize differences.

The discussion then turned to whether there is a need to identify a national official language or to organise a single education system or whether those should be addressed locally, on how to establish cultural identities, and perhaps most challenging, how to address religion, an area of particular sensitivity in Iraq. A balance between justice, equality and tolerance is required in a diverse but united Iraq and it is crucial to strike a balance between rights and respect for even the smallest minorities. The experiences of other federal countries may shed light on these issues and aid in deciding how Iraq could address them, and participants considered various examples.

Canada

-          Language:   both French and English are the dominant languages at the federal level. English is spoken in most provinces, while French is the predominant language in the province of Quebec. Quebec is considered one of the most autonomous provinces and has a voice also on some foreign affairs issues, including immigration: many immigrants to Quebec come from francophone countries.

-          Education:  is determined almost entirely by provinces; Quebec, for instance, requires immigrants to send their children to francophone schools. 

-          Culture:      though the Constitution was not officially changed to grant Quebec more powers, this province does have a great deal of freedom to plan social, economic and cultural life. Various referendums on independence have been held which have confirmed Quebec as part of Cananda, and many people from Quebec value both identities. The concept of multiple identity is relevant to Iraq as there are some that fear that a federal system will result in individuals having to chose one or the other. 

-          Religion      is considered a private matter to be determined by the individual, not the state.

India

-          Language:   is considered an important instrument of group culture and identity, and there are hundreds of languages and even more dialects throughout the country. Previously, Hindi and English were official languages, and now there are 22, after the government set up a state reorganisation commission to identify and give national status to different languages.

-          Culture:      India is proof that federalism is a particularly suitable system for diverse countries. It is a host to a multitude of religions and ways of life and has not tried to impose an ‘Indian’ way of life on its citizens.

-          Religion:     India is a secular state and the right to religion is guaranteed as a fundamental right. No group, including the majority, is allowed special privileges and every citizen has the right to be admitted to educational institutions. Though there have been serious conflicts, particularly with the rise of Hindu fundamentalism, by and large India embraces diversity and multiculturalism predominates.

South Africa

-          Language:   there are eleven official languages, though in practice the business of government is generally conducted in English. Members of smaller language groups are starting to questions why their languages are not among the official ones, but aside from other issues, there are simply insufficient resources to provide for adequate translation for all.

Northern Ireland

Participants discussed thoroughly the experience of Northern Ireland, seeing in the conflict it suffered an issue relevant to Iraq. When the Republic of Ireland became independent in 1937, six out of the thirty-two counties remained as part of the United Kingdom. The ‘Good Friday’ Peace Agreement (1998) was based on a power-sharing devolved government: responsibilities for issues such as defence and taxation were retained by the central government. The Agreement incorporated a prerequisite that violence cease for the agreement to take effect, an element some participants suggested might be considered in Iraq. However, in Northern Ireland, political violence had in fact effectively already come to an end four years prior to the agreement.

Participants further pointed out other differences relative to the situation in Iraq. The process which led to the agreement was aided and supported by many countries, including the European Community. Furthermore, another essential element has been the cooperation over the last ten years between the Republic of Ireland and the United Kingdom. One can learn from the experience in Northern Ireland that essential prerequisites for the success of a federation include a strong bill of rights and a professional, committed Supreme Court that will recognise and protect individual rights.

-          Religion:     people have always been free to worship as they wish, though the serious political tensions between Catholics and Protestants degenerated into considerable violence. It has also been said that Catholics suffered discrimination in areas such as employment and housing. The Good Friday Agreement intensified the efforts to make discrimination illegal. However, there is now positive discrimination in favour of Catholics to increase employment in specific fields where they had been excluded, such as the police force, but some participants noted that quotas are not always considered beneficial. It is also important to note that conflict has been politically-based as well as religious-based.

-          Education: Regarding the education system, in particular religious schools, Northern Ireland has both religious schools and State schools. Many Catholics prefer to have their children educated in Catholic schools. Protestants or those with other or no religion typically attend State schools.

-          Culture:      In a similar relationship to Canada and Quebec, it is interesting to note that many people living in Northern Ireland can identify with being both British and Irish and value the dual identity. Northern Ireland has always been associated with its strong religious identity, though, the Irish language (Gaelic) has not always been recognised, and has in fact been disappearing gradually over the last 50 years; however, in the last years it has begun a revival. Many Northern Irish now regard it as a symbol of identity. Many Northern Irish schools have lessons in Gaelic and resources are being made available in order to broadcast Gaelic television and radio. As well as through language and religion, cultural identity is demonstrated through different forms of music, dance, sports and commemorative events.

United States

-          Education:  state governments have the authority over public education. In the First Amendment of the United States Constitution, Congress set out that no law could restrict freedom of religion.

-          Religion:     until recent discriminatory policies against Muslims, religious conflict has been avoided by having a vigorous protection of individual rights.

Iraq

Participants discussed in great depth the fundamental question of how religion, tolerance and respect might be taught.

-          Language:   Arabic and Kurdish are the official languages, though the Constitution provides for the possibility of other languages as a result of a referendum something that seems quite likely as language is considered a symbol of identity. Although the Constitution makes this provision on languages, it has limited provisions on culture and participants generally felt that it should therefore be revised.

-          Education:  the Constitution should protect and safeguard different schools of thought and ensure that everyone has access to education. Certain participants suggested that school curricula should be set by the central government in order to ensure the representation of different groups. Exposure to knowledge and the world helps protect younger generations by providing the resources to make good decisions. The extent of religious requirements in education remains undetermined and will require further analysis and development. In addition, whether to teach exclusivity or inclusively; to have separated universities or diverse institutes where young people come together. It is an important aim to teach real skills, experimenting, working as a team in order to develop a future generation who possess leadership skills, responsibility and tolerance for others. It has been suggested that the former government falsified many historical records and therefore it is necessary to ‘re-examine history’ in more objective way in order to fill in existing gaps for future generations. Furthermore, one should have the courage to record the history of all of the different groups without demonisation.

-          Religion:     Islam has been mentioned as the state religion, though many participants were of the opinion that religion should be completely separate from the state. The Constitution states that no law can be contrary to the Constitution or Shari’a law. The Constitution guarantees and protects Islamic identity and recognises religious rights. The majority of the population is Muslim and while this should be protected, it should not infringe on minorities’ rights.

-          Culture:      there is great diversity, certainly a positive characteristic, but one that presents challenges. Some participants suggested that it is fundamental to build a national identity in order to lay the foundations for the future of the country.

Main issues

-          Should there be explicit guarantees for minorities (linguistic, cultural, religious and other minority)?

-          Who decides the school curricula?