By John Leschak
The Bush administration is now engaged in intense negotiations with the Iraqi government to adopt a bilateral treaty between the U.S. and Iraq. This treaty is titled the Status of Forces Agreement (SOFA). The focus of the SOFA is to authorize U.S. troops to stay in Iraq past the end of 2008, when the U.N. Security Council Resolution that authorizes American military operations in Iraq will expire. Without the SOFA or the United Nations mandate, the U,S, occupation will be illegal under international law.
The current draft of the SOFA would allow U.S. troops to remain in Iraq past the end of 2008, but it also sets a timeline for the withdrawal of U.S. troops, requiring troop withdrawals from Iraqi cities by June 2009 and a complete troop withdrawal from the country by the end of 2011, if conditions in the country at that time permit withdrawal. Despite this timeline, most Iraqis are opposed to the agreement because it would not truly end the occupation of their country. As Naomi Klein pointed out: “If every last soldier pulled out of the Gulf tomorrow and a sovereign government came to power, Iraq would still be occupied-by laws written in the interest of another country; by foreign corporations controlling its essential services; by 70 percent unemployment sparked by public sector layoffs.”
Iraq is subject to laws written by U.S. military commanders without any input from Iraqis. From March 2003 to March 2004, Iraq was governed by the Coalition Provisional Authority (CPA), a U.S. military body led by General Paul Bremer. During the CPA’s regime, Bremer issued several orders creating and executing new legislation. Among these was Order 39, permitting 100 percent foreign ownership of Iraqi state-owned businesses, except for the oil industry. Under Order 39, U.S. military contractors such as Boeing, General Electric and Halliburton were able to buy out Iraqi state enterprises, including cement plants, phosphate mines, pharmaceutical factories and the country’s airline. After buying out these businesses, the contractors often fired Iraqi workers and replaced them with foreign workers who were willing to work for lower wages. As a result, Iraq suffers an estimated unemployment rate of 70 percent.
Iraq’s constitution makes repealing or amending CPA orders very difficult. According to the Carnegie Endowment for International Peace, “the body of legislation issued by decree by the CPA” is governed by Chapter 4, Article 126, of the Iraqi Constitution. Under Article 126, laws can only be amended “with the approval of two-thirds of the members of the Council of Representatives, the approval of the people in a general referendum and the ratification by the President of the Republic within seven days.”
Setting a timeline for the withdrawal of U.S. troops from Iraq is in the best interest of Americans. The exorbitant costs of the Iraq War are bankrupting our nation and preventing essential domestic investments in health care and education. However, the Iraq we leave should be a democracy, not a haven of terrorists.
Democracy is based upon a due distribution of property and an equal distribution of justice. The privatization of the Iraqi economy under Order 39 has robbed the Iraqi people of property and justice. Furthermore, the severe unemployment caused by the privatization is likely a significant contributing factor to the insurgency. Since the new Iraqi government does not provide unemployment insurance, unemployed Iraqis are forced to join criminal gangs just to support their families. To defeat criminal terrorism and ensure democracy, Iraqis must be given back control of their economy. The U.S. should include a provision in the SOFA to repeal Order 39 and restore Iraqi ownership. This will reduce unemployment and thus weaken support for the insurgency. There will only be peace when we end the blind pursuit of greed and give to others what is rightfully theirs.
John Leschak is a second-year law student. You may e-mail him at [email protected].
