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Iraqi Constitution and
International Human Rights Agreements
By: Salah Aziz
Sep 19, 2005
While both the President and Prime
Minister of Iraq visited the White House and the United Nations, respectively,
the Iraqi Constitution Committee submitted a new draft of the Iraqi Constitution
to the United Nations on September 14, 2005 for printing and distribution to
Iraqis. The new draft omitted Article (44) from the first draft (published on
August 24th). Article 44 forces the Iraqi Government to adhere to international
human rights agreements and treaties. By removing the Article, future Iraqi
Government(s) can be selective in implementing human rights, freedoms and
democratic practices. Such selectivity would be dangerous in a country like
Iraq, which suffers from social unrest and a lack of security and political
stability.
The draft Constitution contains two
sections labeled: Rights (Articles 14-34) and Freedoms (Articles 35-44). These
articles include most of the rights adopted by the international community and
declared in the Universal Declaration of Human Rights (1948). Nevertheless,
after 1990 the international community adopted many new agreements, treaties,
and plans of action to assist developing nations reach international standards.
Therefore, declaring and implementing the articles concerning rights and
freedoms according to international standards is a key to the future of a just,
fair, and free Iraq.
The deleted Article (44) from the first
draft stated: All individuals have the right to enjoy the rights stated in
international human rights agreements and treaties endorsed by Iraq that don't
run contrary to the principles and rules of this constitution. In the new draft
Constitution, Article (44) which was Article 45 in the first draft states:
Restricting or limiting any of the freedoms and liberties stated in this
Constitution may only happen by, or according to, law and as long as this
restriction or limitation does not undermine the essence of the right or
freedom. By removing references to the international standards of human rights
and freedoms, the Iraqi citizens, lawmakers, and government no longer will have
a benchmark of principles to use as a check on governmental action towards these
issues
Iraqi Kurds and Shiites have
controlled the political landscape of Iraq since the Iraqi War of 2003. One
would expect that both groups would be keen to keep all references to the
international agreements and treaties in the Constitution because they have been
the main victims of the various Iraqi regimes who ruled Iraq from 1922 until
recently. It is not a secret that neither group has a history of, or experience
in, promoting human rights and freedom. To promote them, the government would
have to take a positive, proactive attitude towards taking the necessary actions
to make sure that human rights and freedom are protected and encouraged in the
society.
The main Kurdish political parties, the
Patriotic Union of Kurdistan and the Democratic Party of Kurdistan, have fallen
short of matching international standards despite ruling Kurdistan for 13 years.
Shiite groups won the majority of seats in Parliament in the January 30th,
2005 elections, with 140 out of 275 available seats. The Shiite groups,
dominated by the Supreme Council for the Islamic Revolution in Iraq (SCIRI) and
the Islamic Daawa Party; both have an Islamic ideology and agenda. Knowing that
Articles 1 and 2 emphasize the importance of Islam as the identity of the Iraqis
and its role in their lives, it is expected that future Iraqi governments, if
they remain controlled by the same Shiite groups, will become even more
selective in choosing which rights and freedoms to protect and promote.
The United States Administration has
worked closely with the previous and present Iraqi Governments and praised them
for their achievements in holding elections, forming a government, and drafting
a Constitution. Nevertheless, the Administration did not raise any objections
when Article 44 was omitted. According to Dr. Mahmoud Othman, a Kurdish member
of the Constitution Committee, The Americans say they don�t intervene, but they
have intervened deep. They gave us a detailed proposal, almost a full version of
a constitution. They try to compromise the different opinions of all the
political blocs. The US officials are more interested in the Iraqi constitution
than the Iraqis themselves... The US non-action in the deletion of Article 44
definitely serves to validate such opinions and views. Furthermore, it might be
interpreted by pan-Arabs and pan-Islamists as a clear sign of US intention to
occupy Iraq, rather than providing freedom and human rights.
US-based Non-Government Organizations
(NGOs) have been working hard to promote human rights and democracy in Iraq long
before the US-led invasion. These US-NGOs supported the establishment of and
trained Iraqi NGOs to strengthen civil society and infrastructure in Iraq. Iraqi
NGOs are at the core of civil society, and are best positioned to be watchdogs,
advocates, and educators during the transformation period of Iraq into a
democracy. Thousands of these Iraqi NGOs promoted, encouraged, and facilitated
Iraqi citizen participation in the January elections. A similar role is to be
expected from them in Constitution awareness and education. Therefore, it is
left to the NGOs and free and independent media in Iraq to move quickly, prior
to the scheduled referendum (October 15, 2005) on the Constitution, to restore
and reaffirm Iraq's commitment to the international agreements and treaties on
human rights and freedoms.
Dr. Salah Aziz
President,
American Society for Kurds
P.O. Box: 37452
Tallahassee, FL 32315
askurds@yahoo.com
(850) 339-3344
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