Reykjavík Grapevine - 29.07.2011, Blaðsíða 14

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14
The Reykjavík Grapevine
Issue 11 — 2011 The work of the Constitutional Assembly will now be put before the
Parliament for review. What are your thoughts on the proposals?
Send it our way at letters@grapevine.is
Perhaps one of the most impor-
tant results of the 2009 Pots and
Pans Revolution was the notion
that Iceland's constitution—more
or less a copy/paste job from Den-
mark—needed serious reworking.
The project is beginning to reach a
conclusion now, as the 25-member
Constitutional Committee is, at the
time of this writing, preparing to
submit its first draft. So, what do we
have in store? Here are a few of the
more major changes proposed.
THE CHURCH AND STATE
Perhaps one of the most significant
changes to the constitution regards the
possible separation of church and state.
At last count, about 74% of Icelanders
favour the idea, influenced in part by a
recent sex scandal cover-up that impli-
cates the former and current Bishop of
Iceland.
But the Constitutional Committee
has taken a more cautious approach to
the matter. In Article 19 of the eighteenth
iteration of the constitutional draft (the
most current one at this point), the Com-
mittee specifically states that parliament
may decide to initiate a referendum on
the matter.
Committee member Illugi Jökulsson,
speaking to Vísir, said last June, “It was
our conclusion to head in that direction
right away.” He added that while the
committee discussed the pros and cons
of separation of church and state, the
one conclusion they came to was that in
the end, the question would have to be
answered in a referendum.
“It's a matter that means a great deal
to people," Illugi said. "Whether people
have strong opinions on faith or strong
opinions on atheism, people are dead
serious that we must respect both sides,
and we intend to try as best we can to
resolve the matter with as much satis-
faction to all involved as possible.”
GOVERNMENT TRANSPARENCY
Another concern that arose from the
collapse of the economy was the notion
that there is a lack of access to informa-
tion about what the government actually
is up to. It is a lack of transparency, many
contend, that contributes to nepotism
and general corruption. To this end, the
Constitutional Committee has included
an article on transparency, which states
that all government documents shall be
made available for public view, within
reason. Thus, the article does allow for
limits on public access to government
information, in that access “need not go
farther than necessary to preserve the
normal functions of government,” which,
granted, is pretty open to interpretation.
The committee has also recom-
mended the creation of an independent
parliamentary supervisory committee,
which would overlook every aspect of
the legislative process. This committee
would also assess how members of par-
liament defended or fought for their own
interests. The proposal recommends as
well that members of parliament not be
allowed to have any other type of em-
ployment, either public or private, while
in office.
PROTECTION OF NATURAL RE-
SOURCES
The draft also lays down some pretty
specific guidelines with regard to our
country's natural resources. Specifically,
Article 34 of the draft states that any
land that isn't private land is public land.
As such, it cannot be sold to a private
party, directly or indirectly.
The significance of this article can-
not be overstated. It essentially means
that private companies such as Magma
Energy would not, for example, be able
to conduct geothermal exploration by
drilling at such natural pearls as Kerlin-
gafjöll, as it seemed they were itching to
do earlier this year.
REFERENDUMS
Anyone who followed Icesave—and how
fun was that, eh?—will recall just how
heated and contentious the debate over
this agreement became in the run-up
to the national referendum. As it is, any
bill that the President does not sign into
law is put up for referendum. That would
change, with conditions, if Article 67
makes it into the new constitution.
According to that article, laws re-
garding the budget, international obli-
gations, taxes and citizenship would not
be allowed to be put up for referendum.
Icesave covers two of those, but there
are greater implications: there is still a
strong force within the Leftist-Green
Party—which shares the ruling coalition
with the EU-minded Social Democrats—
to withdraw Iceland from NATO. The
matter, many have contended, should
be put up for public referendum. Para-
doxically, as a NATO country, Iceland
has numerous international obligations
within that organisation, so if this article
were to pass, such a referendum would
possibly be impossible.
At this point it remains to be seen
whether our elected representatives
vote to increase transparency, limit their
power, and blunt the populist cause du
jour that is the referendum, but stay
tuned.
Democracy | Stakes
The Constitutional Committee
What's At Stake
A Symbol Of Hope

Artist Nikhil Kirsh talks about
his painting of the Constitutional
Committee
It's not every morning that an artist
wakes up and decides, “You know what
would be great? Doing portraits of gov-
ernment appointees.” But artist Nikhil
Kirsh did exactly that, predominantly for
ideological reasons.
“When I found out about the consti-
tutional committee,” he told me, “I just
immediately saw the finished painting in
my head. It's like that with me—when I
get an idea, I see it done, and then it's just
a run to the finish line.”
But why paint the Constitutional Com-
mittee?
“Beforehand, I had learned about The
Movement [a recent Icelandic political
party derived from the country's activist
base]. I don't know much about Icelandic
politics, but I met them, and felt I con-
nected with them. But I was in the mood
to do something truly epic. I think the
people picked to be on the constitutional
committee represent a pretty good sym-
bol of hope.”
Logistically, painting the committee
was a bit complicated. Kirsh explained
that he had to photograph different por-
tions separately, as not all members of
the committee were available at the same
time, and juggling the varying schedules
stretched out photographing the subjects
over a period of three weeks.
And his impressions of the committee as
a whole?
“Everyone I spoke to seemed committed
to what they were doing,” he said. “They
were working together on a project that
they believe is socially important. Their
convictions are pinpointed on a collective
goal.”
Kirsh also says he has his fingers
crossed to get his painting into parlia-
ment. “I think a portrait of this eclectic
group would look great alongside the por-
traits of old men they have hanging on
the walls,” he says with a laugh.
Until the painting makes it into par-
liament, you can see it yourself—along
with his other works of Icelanders—at
Gallery Fold on 20 August.
www.nikhilkirsh.com
Words
Paul Fontaine
Illustration
Nikhil Kirsh