Posted on 08/22/2005 8:41:23 PM PDT by West Coast Conservative
Chapter One
Article One
The Republic of Iraq is an independent state.
Article Two
The political system is republican, parliamentary, democratic and federal.
1. Islam is a main source for legislation.
_ a. No law may contradict Islamic standards.
_ b. No law may contradict democratic standards.
_ c. No law may contradict the essential rights and freedoms mentioned in this constitution.
2. This constitution guarantees the Islamic identity of the Iraqi people and guarantees all religious rights; all persons are free within their ideology and the practice of their ideological practices.
3. Iraq is part of the Islamic world, and the Arabs are part of the Arab nation.
4.
a. Arabic and Kurdish are the two official languages, and Iraqis have the right to teach their sons their mother language like the Turkomen and Assyrian in the government educational institutes.
b. The language used orally in official institutions such as the Parliament and the Cabinet as well as official conventions should be one of the two languages.
c. Recognizing the official documents with the two languages.
d. Opening the schools with two languages.
Article Three
Federal institutions in Kurdistan should use the two languages.
Article Four
The Turkomen and Assyrian languages are the official languages in the Turkomen and Assyrian areas, and each territory or province has the right to use its own official language if residents have approved in a general referendum vote.
Article Five
Power is transferred peacefully through democratic ways.
Article Seven
1. Any organization that follow a racist, terrorist, extremist, sectarian-cleaning ideology or circulates or justifies such beliefs is banned, especially Saddam's Baath Party in Iraq and its symbols under any name. And this should not be part of the political pluralism in Iraq.
2. The government is committed to fighting terrorism in all its forms, and works to protect Iraqi soil from being a center or passage for terrorist activities.
CHAPTER TWO
Article 35
_ a. Human freedom and dignity are guaranteed.
_ b. No person can be detained or interrogated without a judicial order.
_ c. All kinds of physical and psychological torture and inhumane treatment are prohibited, and any confession is considered void if it was taken by force, threats and torture. The person who was harmed has the right to ask for compensation for the financial and moral damage he/she suffered.
Article 36
The State guarantees:
1. Freedom of expression by all means.
2. Freedom of the press, printing, advertising and publishing.
Article 37
Freedom to establish political groups and organizations.
Article 39
Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organized by law.
CHAPTER THREE
Article 66
A presidential candidate should:
1. Be Iraqi by birth and the offspring of two Iraqi parents.
2. Be no less than 40 years old.
3. Have a good reputation and political experience, and be known as honest and faithful to the nation.
Article 75
The prime minister should have all the qualifications as the presidential candidate and should have a university degree or its equivalent and should not be less than 35 years old.
Article 104
A general commission should be set up to observe and specify the central (government) revenues, and the commission should be made up of experts from the central government, regions, provinces and representatives.
CHAPTER 4:
Article 107
Federal authorities should preserve Iraq's unity, security, independence and sovereignty and its democratic federal system.
Article 109
Oil and gas are the property of all the Iraqi people in regions and provinces.
Article 110
The central government administers oil and gas extracted from current wells, along with governments of the producing regions and provinces, on the condition that revenues are distributed in a way that suits population distribution around the country.
CHAPTER FIVE
Article 114
1. A region consists of one or more provinces, and two or more regions have the right to create a single region.
2. A province or more has the right to set a region according to a referendum called for in one of two ways:
_ a. A demand by one-third of all members of each of the provincial councils that aims to set up a region.
_ b. A demand by one-tenth of voters of the provinces that aim to set up a region.
Article 117
A region's legislative authority is made up of one council, named the National Assembly of the region.
Article 118
The National Council of the region drafts the region's constitution and issues laws, which must not contradict this constitution and Iraq's central laws.
Article 120
The executive authority of the region is made up of the president of the region and the region's government.
Article 128
The region's revenues are made up from the specified allotment from the national budget and from the local revenues of the region.
Article 129
The regional government does what is needed to administer the region, especially setting up internal security forces, such as police, security and region guards.
Article 135
This constitution guarantees the administrative, political, cultural and educational rights of different ethnic groups such as Turkomen, Chaldean, Assyrians and other groups.
CHAPTER SIX
Article 144
The Iraq Supreme Criminal Court continues its work as a legislative, independent commission to look into the crimes of the former dictatorial regime and its symbols, and the Council of Deputies has the right to annul it after it ends its duties.
Article 145
a. The Supreme National Commission for de-Baathification continues its work as an independent commission, in coordination with the judicial authority and executive institutions and according to laws that organize its work.
b. Parliament has the right to dissolve this commission after it ends its work, with a two-thirds majority.
Article 151
No less than 25 percent of Council of Deputies seats go to women.
Article 153
This law is considered in force after people vote on it in a general referendum and when it is published in the official Gazette and the Council of Deputies is elected according to it.
Consider this to be the first rough-draft.
This seems to define a tripartit government but does not ascribe rights to any of the branches. It seems most comparable to our own bill of rights. I do not get the sense that it is a constitution.
How can this be abused?
This Iraq Constitution is so full of holes, can anyone live safely?
This is terrible.
1. Any organization that follow a racist, terrorist, extremist, sectarian-cleaning ideology or circulates or justifies such beliefs is banned, especially Saddam's Baath Party in Iraq and its symbols under any name. And this should not be part of the political pluralism in Iraq.
2. The government is committed to fighting terrorism in all its forms, and works to protect Iraqi soil from being a center or passage for terrorist activities.
I can't believe that writing a constitution today would be so hard to do. You have all the countries of the world. All they would have to do is cut out portions of other constitutions and build one for themselves. Easy. You don't even have to write. Just cut and paste. :-)
What are the definition of the words that were used?
Can any person be declared as an extremist, if the government is not happy with them?
If they are declared by the government as being an extremist, are they protected by this new Constitution?
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
My thoughts exactly! I would suggest that Japan be their primary example.
This is terrible.
I second. As written, this constitution makes almost everything done in Iraq to date utterly pointless. Bush has talked about the evil we face, but he fails to understand what that evil is: Islam.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
(I excerpted those italicized words from Michael Ledeen's entry in National Review Online Corner.)
Like you, I fully understood the intent of Article 7 in the Iraq Constitution.
I was asking how this could be abused by the government against the people.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Where, in this new Constitution, are the citizens (little people) of Iraq protected from an abusive government?
a) Many articles are missing, judging from the enumeration above, so I don't think we're seeing the whole thing;
b) the earlier drafts (I assume this is not translated) stressed the independence of the judiciary. I think all Iraqis have had their fill of corruption and kangaroo courts;
c) the provisions for the creation of the sub-regions are the most troubling-- if federal states are to be created, there should be a time limit on how often they can be re-arranged;
d) the separation of powers between the central government and the regions is not spelled out;
This could be a disaster or it could mean a minimal, entrepreneur friendly national state which governs only the oil fields and a small national army.
Those who said we are creating a Lebanon are correct: only it's not the Lebanon of 1975 but of 2005, where a national governent is democratically elected along a carefully contructed sectarian apportionment scheme. Fragile? Yes. Potential for civil war? High. But better to try this than the monstrosity of another Arab fascist state or a theoratic lunacy of either the Shiite or Wahabbist nature.
Prediction: the biggest battle will be between the mainstream Shiites gathered around Sistani and the Sadrist Khomeinists.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Arabs are good mathematicians: now they have the chance to square the political circle :-).
More seriously, Sistani's views explicitly deny political authority for the clergy.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
This is not the end of the road for the Iraquis. It needs to be ratified by referendum. Fat chance it goes through!
Finally, Gen. MacArthur had his staff write the Constitution of Japan.
Argue later ... ;-) Bump!
"People speak of Islam and democracy being incompatible. The constitution shows they can coexist. "
Wow, where can I get your crystal ball? This thing's gonna crash and burn.
I agree. The most notable element lacking is the judicial element at the national level. There is no mention of an independent judiciary. It mentions the Iraqi National Criminal Court, but this seems to be a temporary court aimed at bringing to justice those accused of atrocities against the Iraqi people, like Saddam.
a)the Kurds have a pretty vibrant civil society,including two functioning political parties;
b)The mainstream Shiite clergy fulfills a huge role in Iraqi society-- they collect about 10% of the income of the Shiite population, mainly voluntarily. They were the backbone of resistance to Saddam Hussein, and the Howza (sp?) was willing to tolerate American soldiers blasting Sadr's militia out of Najaf up to the walls of the Imam Hussein mosque itself in order to restore public order and prevent Khomeini-style Shiism from taking over.
Just don't expect the Iraqi Civil Liberties Union to be removing the Koran from Iraqi public schools or pushing porn from every 'al 7-11' anytime soon.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
At least it does not say, "No law should contradict Islamic Law." Probably a concession to the Kurds and secular Shiites.
Gordon is too dumb to know that the Sunnis are 18% and shrinking, not 33%.
The State guarantees:
1. Freedom of expression by all means.
2. Freedom of the press, printing, advertising and publishing.
Article 37
Freedom to establish political groups and organizations.
http://www.gadsdentimes.com/apps/pbcs.dll/article?AID=/20050823/APA/508230503&template=variable
The Associated Press
BAGHDAD, Iraq (AP) - In another dramatic last-minute standoff, Iraqi leaders put off a vote on a draft constitution Monday, adjourning parliament at a midnight deadline in a bid for three more days to win over the Sunni Arab minority whose support is key to stopping the insurgency. The Shiite-Kurdish bloc that submitted the draft constitution expressed optimism that a deal was still possible. But top Sunni Arab leaders said flatly that compromise was far off.
Agreed the Iraqis will haveto feel their way towards a federal state. I am only worried that the arrangement is too flexible.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
IRAQ THE MODEL
Monday, August 22, 2005
http://iraqthemodel.blogspot.com/2005/08/breaking-news-updated.html
Breaking News! (updated)
National Assembly member Bahaa Al-Aaraji just told Al-Iraqia TV that an agreement has finally been reached among the leaders of political bodies on the final draft of the constitution and that disputes over issues like federalism, distribution of resources and the role of Islam have been solved.
"All we need now is a couple of hours to reprint the document and produce enough copies to submit them to all the members of the National Assembly to get theri approval later this evening…" Al-Aaraji explained.
Till now there has been no announcement from the head of the constitution drafting committee but Al-Iraqia reporter in the green zone is confirming the news.
Update (6:45 pm local time)The Sunni member of the constitution drafting committee Hasan Zaidan (1st image) said that he didn't get to see the new document till now and added:
"It seems that the Kurds and the Sheat want to pass this draft without considering our opinion...There are other unsolved points till now and I have no idea why no one notified us of the results of the latest negotiations".
Mean while, another CDC member Ali Al-Dabbagh (2nd image) confirmed the news of the agreements and he insisted that this outcome was reached with lots of dialogue among the concerned parties.
Update (7:10 pm local time):
In a press conference that just ended in Baghdad, Jawad Al-Maliki and Jalal Addin Al-Saghir (CDC members from the United Alliance) said that the Sunni politicians still have reservations on federalism but they expected that the draft will easily get the approval of 2rds of the Assembly members.
"Frankly speaking, we cannot wait for the Sunni forever; we have a deadline to respect and if they don't agree with what was written in the draft they can say that in the referendum but we're still having talks with the Sunni politicians" said Jalal Addin (3rd image).
Regarding Islam and the constitution: it was agreed upon that no laws that are against the widely agreed upon values of Islam can be issued and no laws that are against the values of democracy and human rights can be issued.
Natural resources according to the draft will be managed in cooperation between the central government and the local administrations of the federal states/provinces.
Update (10:45 pm local time):
Chairman of the National Assembly Hachim Al-Hasani announced that discussions are still underway among all involved parties in hope for reaching "accord" before disclosing the draft; this is expected to be done within an hour and then the Assembly shall start a session to approve the draft immediately after that.
This is of course in effort to convince the Sunnis to be part of the process, however if this last discussion fails the Sheat and Kurdish blocks are most likely to present the draft without the "OK" from the Sunni politicians.
Meanwhile there have been rallies of joy and celebrations in many Iraqi cities mainly in the south and people went to the streets in thousands although it's past 10 pm now.
The Iraqi TV has been playing patriotic songs all the evening and in between the incoming reports and updates; one song named "Good bye sadness" was played more than 20 times so far!!
Update (11:20 pm local time):
The Assembly has assembled! Voting will follow so stay tuned!
Update (11:30 pm local time):
PM Dr. Jafari and president Talbani join the session and the Assembly members are receiving their copies of the draft.
Update (11:55 pm local time):
"The Assembly has received the draft from the CDC but becaue there is a number of issues that still need further discussio and in accordance with clause 61-f of the TAL, voting will be postponed for another 3 days until the leaders of political blocks can reach accord on the few remaining disputed issues" said Hachim Al-Hasani chairman of the Assembly.
Apparently they think that it is in the best of the process to have accord among all the political blocks.
Session is over.
Click on link for photos
My, what business interests were able to get that word included?
I think it is pretty good.
I'd say go with it.
No McCain-Feingold?:)
I wasn't clear. Clerical rule is not the same as clerical participation in politics. I think we'll see the latter (as you say) but not the former.
I hope someone tells them that it does no good to declare on a piece of paper that people have rights. The Soviet Union had that much. If the document does not set up a divided civilian government with a thoroughly subjugated military, then it will soon be worthless paper.
(Thanks for posting it.)
IMO, that's exactly what we should have done for the Iraqi people. It is folly that we did not. Our responsibility is to set them up with a stable rights-respecting state. If they later want to amend the constitution we give them through peaceful constitutional means, they could. At least they would have started from a workable foundation.
But now, who knows. Bush was right to finally end the long conflict with Hussein the only way possible. I just do not understand why he isn't using the winning tried-and-true WWII reconstruction strategery.
Three "No Law mays" right off the bat! Excellent. I like that in a Constitution. A few dozen more woulda been nicer. Maybe there's some in the missing text.
Ok, call this a ping.
I wonder who gets to decide who and what is extremist?
Article 12.
All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts.
Article 13.
(A) Public and private freedoms shall be protected.
(B) The right of free expression shall be protected.
(C) The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed.
(D) Each Iraqi has the right of free movement in all parts of Iraq and the right to travel abroad and return freely.
(E) Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law.
(F) Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.
(G) Slavery, the slave trade, forced labor, and involuntary servitude with or without pay, shall be forbidden.
(H) Each Iraqi has the right to privacy.
"Bush was right to finally end the long conflict with Hussein the only way possible. I just do not understand why he isn't using the winning tried-and-true WWII reconstruction strategery."
Japan was surrounded by former foes and had no outside countries able or willing to lend support to any remaining faithful to the old militaristic way.
Iraq still has Syria and Iran harboring, abetting, and aiding both those supporting Baathism as well as the general islamist violence.
Because of that, and because it is a primary goal of our action that Iraqis become a seed of freedom in the ME, it's necessary that the Iraqis themselves contribute and willingly sign onto their new constitution.
An imposed constitution Japan-style might have won approval through coercion, but would have prolonged the fighting many-fold and IMO would mean that when we finally do reduce our troop level (and I'm not in a hurry) the jihadists might succeed in a coup with significant 'surprise' help from inside the Iraqi army. Poof, another Iran, quite likely complete with hostage situation.
This way I think it's more likely that Iraq can stand on its own sooner rather than later and potentially inspire its neighbors to take freedom for themselves.
However, there is merit in the concept of writing a Constitution for them, which they can then amend as they form a new government.
1000 years of Islam has turned what was for thousands and thousands of years the center of culture and learning into a pitiful backward primitive region. What a shame, what a waste, what a heritage lost. Babylon, Persia, Egypt and Alexandra the Great gave the region centers of learning and culture unsurpassed in the western world, and Islam destroyed it all. There is no hope of ever civilizing these people, they must be conquered and enslaved and perhaps their children or grand children may be educated and inspired by what they once were and could be again without Islam and Islamic law.
The imposition is the presence of our army. The US needs to set up a workable framework for Iraq be it the infrastructure, civil defense, or legal system. The sooner Iraq can function on its own, the sooner the US army--and the real imposition--can leave. A constitution would NOT be an imposition on Iraqis, it would be a functional starting point for them. They could start from a position of civil order and democracy rather than occupation and anarchy.
That would give them the ability to adapt a functional constitution peaceably to their own liking.
If you want to mold a bust of Marilyn Monroe, it is a lot easier if someone gives you a bust of Jane Mansfield to start with, rather than a shovel and directions to a clay pit.
Iraq still has Syria and Iran harboring, abetting, and aiding both those supporting Baathism as well as the general islamist violence. Because of that, and because it is a primary goal of our action that Iraqis become a seed of freedom in the ME... -No.6
Imagine if the international Western press and their countries weren't for the most part ridiculous. Imagine if they had a sense of priority. Understood the stakes and what side of history to be on. I think in that alternate universe, the coalition would right now have the needed political capital to draw on to insist on more secularization in the Iraqi Constitution.
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