When the subject of founding fathers is raised, Louis Aucoin is not usually the first name that comes to mind.
But Aucoin, a professor at the Fletcher School, is just that - for Iraq.
For the past three years, Aucoin has been working on a project for the United States Institute for Peace on constitution making. He recently attended a meeting in Jordan and served as a consultant for the creation of the Iraqi constitution.
He spoke Monday at the Fletcher School to about 20 graduate students, most of whom were in Aucoin's class, Rule of Law in Post Conflict Societies.
He focused on the compatibility of Sharia - Islamic law - and democracy. "Sharia law can be squared with all human rights laws," Aucoin said. "Any religious laws can be interpreted in many different ways - there is just the question of whether people will be hard-liners or not."
The new Iraqi constitution passed a nationwide referendum Oct. 15. Two Sunni provinces rejected the constitution by more than two thirds, but three provinces were required to prevent the constitution from being approved.
Even if the Iraqis manage to balance Sharia with human rights, Aucoin said, there are other stumbling blocks for the implementation of the constitution.
"Inclusiveness is key and if the constitution making process is dominated by a particular political faction, it is doomed from the start," Aucoin said. "Civic education is also very necessary."
During the constitution writing process, Aucoin said, some Shi'a leaders assumed since they were the majority, they could write the constitution to favor their community. "The way the Iraqi constitution was drafted was not ideal at all," Aucoin said. "There is a problem with legitimacy from the get go."
Another problem for the legitimacy of the Iraqi constitution, Aucoin said, is the role of other countries in writing the constitution. "Multilateral approaches are better than bilateral ones," Aucoin said. "Bilateral approaches should be avoided because other nations shouldn't seem to be writing the constitution or being too involved."
A rush to democracy may not be the best solution, though, when a country is undergoing daily ethnic violence. "Public participation should not be encouraged too quickly when a conflict is still hot or else it can make the situation worse and quite possibly more dangerous," Aucoin said.
Aucoin cautioned that the constitution must also be flexible enough to adapt to societal changes. "If constitution making does not allow for the rise of groups, such as women, who want addition rights, there is potential for unrest in the future," he said.
He ended his prepared remarks by discussing Iraq's future. A civil war is not out of the realm of possibility, he said. "I can't see what will happen. I don't have a crystal ball, but I have hope for the future," Aucoin said.
Aucoin spoke for 40 minutes and then took questions for 20 minutes.
"Lectures like these serve as a reminder that your professors aren't just teaching," Fletcher School student Gillian Cull, who helped organize the lecture, said afterward. "They do many things and they're even right in there, making decisions."
Fletcher School student Josh Jones said he was glad Aucoin spoke. "This lecture served as a good insight into truly understanding what is going on in Iraq versus just reading what is in the news," he said.
