IRAQI CONSTITUTION COULD THREATEN HUMAN RIGHTS

freedom house ^ | Oct 17 05 | Michael Goldfarb, Freedom House

[churchillbuff]

WASHINGTON, D.C., October 16, 2005 -- The constitution voted on yesterday in Iraq may well constitute an obstacle to securing human rights and individual liberties should it be approved, Freedom House said today. Immediate and comprehensive efforts should be undertaken to ensure that post-referendum amendments and enabling legislation for the constitution address the most problematic provisions.

On October 15, Iraqis voted in a national referendum on whether to adopt a constitution that emerged in mid-September after months of negotiation and was expected to be approved. A political agreement reached last week commits Iraq's leaders to consider new amendments to the constitution in the very near future.

While the Constitution contains numerous positive attributes that may contribute to the emergence of a democratic state, including strong language asserting religious freedom and democratic principles, Freedom House analysts have assessed that the provisions relating to the creation of the Supreme Federal Court could empower sharia experts on that court. They could suborn universal standards of individual liberties and principles of equality to a particular and restrictive religious interpretation of rights based on the religious affiliation of individuals.

"The implications for dissidents, including religious dissenters, as well as for legitimate political opposition, women, religious minorities and non-believers, are quite troubling and ominous," said Freedom House Executive Director Jennifer Windsor." There is a real risk that all these groups will face serious dangers in the new Iraq, " she said.

Iraq now joins three other states with constitutions that provide for sharia experts who are not required to have civil law education on their Supreme Courts: Iran, Saudi Arabia and Afghanistan. "These are not the models that new democracies should be emulating," said Ms. Windsor.

A constitutional provision related to the composition of the Supreme Court poses a threat of rule by Islamic jurists in Iraq, which could directly contribute to sectarian divisions within the country. Protections of the rights of women, and freedom of expression and belief are also in danger, as suggested by the case of Afghanistan, where the first act of the chief judge of the Supreme Court was to bring blasphemy charges against the only woman cabinet member on the basis that she criticized sharia.

Freedom House also expressed concern about the lack of protection for freedom of expression in the constitution, which declares that free speech is guaranteed within the bounds of public morality and public order. Such a provision is woefully inadequate, given that most infringements on free expression in autocracies across the globe are rationalized on the grounds of order and morality.

"We know that many people -- in the US government, in the international community and especially among Iraqis -- tried and failed to correct these defects as they emerged," said Ms. Windsor. "That work must continue. Given the likelihood of the passage of this constitution, friends of Iraqi democracy should focus renewed energy and commitment on trying to shape the enabling legislation yet to come, following on the December elections," she said. "The newly negotiated provision that allows constitutional amendments to be considered next year, where previously there was to be an eight-year moratorium, also offers hope for improvement. Along with many others, we at Freedom House will be there with Iraqis to work for a better result in the future."

In Freedom House's latest global survey of political rights and civil liberties, Freedom in the World 2005, Iraq is rated Not Free.

[churchillbuff]

Iraq now joins three other states with constitutions that provide for sharia experts who are not required to have civil law education on their Supreme Courts: Iran, Saudi Arabia and Afghanistan. "These are not the models that new democracies should be emulating," said Ms. Windsor.

[Americanexpat]

Would there be a chance for human rights violations if they didn't have constitution?

[bnelson44]

Not having a constitution could threaten human life!

[Mo1]

You just live to post this stuff, don't ya

[churchillbuff]

Sharia Goes Global: Paul Marshall, a senior fellow at Freedom House's Center for Religious Freedom.

Marshall: Countries that implement extreme Sharia will almost certainly become anti-American. It is also being imposed by vigilantes against Muslims and others in the West: Note the fatwa against Salman Rushdie, and the murder of movie producer Van Gogh last year in the Netherlands. There has been increasing pressure, as in Canada, to implement forms of Sharia in the United States.

Question: What is the best way to fight extreme Sharia?<<

Marshall: There is no such thing as "extreme Sharia law." There is only Sharia law and it was and has always been extreme. I believe Canada just put that little uprising down and with our Constitution, it will be difficult here, but it is already being practiced in heavily populated Muslim areas. Islam rules their lives, all aspects of it. If the common man tries to use American courts or women go to the police for being beaten, they are shunned and sometimes, "disappear." There is only one way Sharia law will rule in the States..that is if CAIR gets their wish and replaces the Constitution with the Quran. They are trying and we must stop them. The first step is recognizing the threat. After that hurtle is jumped, the fight will be easier. To defeat an enemy, you must first realize you have one.

[TomGuy]

Well, maybe they should toss it, free Saddam, put him back in charge. Then they wouldn't have to worry about threats to human rights. Saddam made sure of that when he was in power before, and he'd probably gladly demonstrate to Freedom House volunteers.

[Fred Nerks]

Freedom House is a non-profit, nonpartisan organization that relies upon tax-deductible grants and donations under Section 501(c)(3) of the IRS code. Major support has been provided by:



The Lynde and Harry Bradley Foundation The Byrne Foundation
The Carthage Foundation The Eurasia Foundation
The Ford Foundation The Freedom Forum
Grace Foundation, Inc. Lilly Endowment, Inc.
The LWH Family Foundation National Endowment for Democracy
The Pew Charitable Trusts Sarah Scaife Foundation
The Schloss Family Foundation Smith Richardson Foundation, Inc.
The Soros Foundations The Tinker Foundation
Unilever United States Foundation, Inc. US Agency for International Development
US Information Agency Charles Stewart Mott Foundation
Whirlpool U.S. Steel

http://www.freedomhouse.org/aboutfh/index.htm

[churchillbuff]

I don't believe in ignoring the truth. Christian leaders in Iraq have warned that the new constitution could lead to persecution of christians if its provisions on Islam are enforced rigidly. Maybe you don't want to listen to the voices of Iraq's Christians, but I'm not going to shut my ears.

[SandRat]

Take the time to check out the home page, mission statement and the list of backers to learn this is an arm of George Soros and the left.

[Mo1]

Are you telling me churchillbuff would post something from the Soro's camp??

SHOCKER ...

[churchillbuff]

Freedom House is not a leftist organization. Steve Forbes and Jeane Kirkpatrick and PJ O'Rourke are on the board:

Peter Ackerman, Chairman Ned W. Bandler, Vice Chairman Mark Palmer, Vice Chairman Walter J. Schloss, Treasurer Kenneth L. Adelman, Secretary Bette Bao Lord, Chairman Emeritus Max M. Kampelman, Chairman Emeritus Jacqueline Adams J. Brian Atwood Alan P. Dye Stuart Eizenstat Sandra Feldman Thomas S. Foley Malcolm S. Forbes, Jr. Theodore J. Forstmann Henry Louis Gates, Jr. Sidney Harman Norman Hill Samuel P. Huntington John T. Joyce Katherine Dickey Karol Jeane J. Kirkpatrick Mara Liasson Jay Mazur John Norton Moore Azar Nafisi David Nastro Andrew Nathan Diana Villiers Negroponte P.J. O'Rourke Susan Kaufman Purcell Nina Rosenwald David M. Rubenstein Arthur Waldron Ruth Wedgwood Wendell Willkie

[Fred Nerks]

Great! Let's get the facts out there and save a lot of quibble. I equate negativity with terrorism. Sick of it!

[fizziwig]

Oh how horrible, they have a constituion now that may allow for violation of human rights when they had such a great deal with Saddam Hussein where no human rights were ever violated. Why oh why did we have to go in there and throw saddam out...he was such a great guy....(sarcasm)

Its unbelievable how some people will only see the negative amidst a forest of positives....I give up with the paleocons...they are just children in constant tantrum...that is all I ever see from them any more.

[McGavin999]

The constitution voted on yesterday in Iraq may well constitute an obstacle to securing human rights and individual liberties should it be approved, Freedom House said today. Immediate and comprehensive efforts should be undertaken to ensure that post-referendum amendments and enabling legislation for the constitution address the most problematic provisions.

What an idiot! While the constitution says that Shira experts were to be consulted (because the constitution says that no law shall be passed that conflicts with universally accepted Islamic law (Shira) OR human rights. Sunni Shira and Shiia Shira are different as are the various other smaller sects. The only thing that will be considered is the ones that are UNIVERSALLY accepted. They must also not conflict with accepted human rights.

[Billthedrill]

Good grief. The Ford Foundation, The Pew Charitable Trusts, Sarah Scaife Foundation, the Soros Foundations... These are strident and persistent critics of the Iraqi intervention who are now finding fault with a constitution they did their very best to prevent ever coming into existence. This kind of aching hypocrisy deserves some sort of award.

[churchillbuff]

IF you think Freedom 'House is leftist or Soros-related, you're just exposing your ignorance. Look at the board members - Steve Forbes, Jeane Kirkpatrick, PJ O'Roarke. REagan used to praise it as a voice for liberty.

All they're doing is pointing out the Islamic element in the new Iraq constitution. Do you think fundamentalist ISlam is a good thing? Would you like it in our constitution? Do you think it's compatible with freedom? If so, I assume you don't criticize Islam in IRan.

[Treader]

You are a defender of Iraqi Christians? Great! Please tell me what orgs. you support? I am interested in doing so, with you.

[MJY1288]

What a prime example of total ignorance

[churchillbuff]

Scaife Foundation""

One of the most right-wing foundations, bub. And the board members include Jeane Kirkpatrick and other Reaganites. So, I take it you like having fundamentalist Islam in the Iraq constitution?

[churchillbuff]

What a prime example of total ignorance""

Explain how. What is inaccurate in this Freeom House report? Point out specifics.

[MJY1288]

See post #8

[Mo1]

http://www.freedomhouse.org/aboutfh/funders.htm

Freedom House is a non-profit, nonpartisan organization that relies upon tax-deductible grants and donations under Section 501(c)(3) of the IRS code.

Major support has been provided by:


(snip)

The Soros Foundations




Yep ... that sounds like the Soro's Camp to me

[decal]

Wendell Willkie??

[Fred Nerks]

"This kind of aching hypocrisy deserves some sort of award."

Yep. Instant exposure and then go on to another thread. Our work here has been done.

Next?

[MJY1288]

First off, you are a tool, plain and simple. Anything against this war you are for, I'm surprised you're not posting stuff from A.N.S.W.E.R.

You should change your screen name to Chamberlainbuff

[SandRat]

When I see the Soros Foundation, the Ford Foundation as major contributers and read the names in the "Mission Statement" along with all the other stuff follow the $$$ and the philosophy.

Lest you forget all the "upstanding citizens" associated with the ACLU and we all know what they are.

[decal]

Or wardchurchillbuff - at least there's honesty in that.

[MJY1288]

LOL, That's even better :-)

Or McDermott/Ritter/Ramseybuff

[churchillbuff]

Yes, I am concerned about Iraqi Christians. Do some googling and you'll see they're worried about the implications of the new Islamic constitution.

For example:

IRAQ BISHOPS READY TO SEEK HELP FROM POPE

http://www.freerepublic.com/focus/f-religion/1505043/posts

I

[MJY1288]

LOL, Chamberlainbuff will go into hiding for a few days now!, but he is a broken record that refuses to accept any help to get beyond the scar that keeps him repeating himself over and over and over..

"Churchillbuff is Stuck on Stupid"

[churchillbuff]

I guess you like fundamentalist Islam. Iraq has declared itself an Islamic state. I don't consider that good news. If you disagree, then it's you who are "stuck on stupid" Or maybe you're a mullah trolling on FR!

[Treader]

Well, regardless of your detractors on this thread- please tell me how to help you defend Iraqi Christians. What can we do? Thanks!

[MJY1288]

There is an Amendment clause in the Iraqi Constitution where the Christians can voice their concerns. Much like any Representative Democracy, their voice will be heard and the people will decide, but I see nothing that says they can't practice their faith

[Treader]

lol... I posted right past your reply. So, I don't need to "goooogle" it, or look to another thread, do I? What Iraqi Christian orgs. are you associated with, I would prefer to help in your cause- now. Please explain...

[MJY1288]

Most of the backers of this group support removing religion from our way of life here in America, but for some reason I should believe these communist bastards are worried about the religious rights of Iraqi's? Get a grip slick, this groups cares only about bashing Bush, something you and them have in common

[MJY1288]

Did our Founders consider black slaves in this Country as 3/5ths of a human being? Did we change that?

A fledgling Democracy has to crawl before it can walk, it must walk before it can run.

[Billthedrill]

So, I take it you like having fundamentalist Islam in the Iraq constitution?

Are you so bereft of wit that every time you are challenged you devolve into one idiotic accusation or another? I won't dignify this one with an answer.

I do recall you taking a position that the women of Iraq had it better under Saddam. Do you recall that thread? Do you recall what you were defending and are defending now? The rape rooms? The executions? The torture and imprisonment of political opponents, their families, their children? How you can shade this proposed constitution in the light of that three decades of human tragedy is something I cannot believe a person of conscience capable.

[roses of sharon]

I wonder why Saddam's defense lawyers are posting on FR, shouldn't they be getting ready for their big day in Iraq?

[technomage]

"The implications for dissidents, including religious dissenters, as well as for legitimate political opposition, women, religious minorities and non-believers, are quite troubling and ominous," said Freedom House Executive Director Jennifer Windsor."

Non-believers? That could cover a lot of territory! Depends completely on each persons definition of non-believer.

But, I digress. Here the left is basically complaining that the the Iraqi's did not implement a Constitution to their liking. Irrelevant of whether we like the constitution or not, it is there country. But Jennifer Windsor obviously wants the Iraqi constitution the way she (i.e. America) wants it.

In other words, the USA should use its 'influence' to get a constitution better to a libs liking.

Well, another wonderful example of liberal hypocrisy.

For how many decades have we heard the radical, cowardly left scream for us to get out of various countries around the world. And for what reason? According to them we were using our 'influence' to guide these countries into a more, what, democratic society?

Now, that terrible thing that the USA does, use it's influence, is being demanded after decades of blaming our influence for every negative thing on the globe.

This goes beyond mere hypocrisy and stupidity. It appears to me that, in most cases, liberals are mentally deranged.

[MJY1288]

Baghdad Bob knows his job well.... Seek out the gullible and persuade the weakest links :-)

[Treader]

Now BTD- surely, those atrocities you mentioned were not committed against Iraqi Christians- who Churchillbuff defends on this thread. It is only the New Iraq Constitution that threatens the poorly represented Iraqi Christians. Although, He has always been truly/deeply concerned & miffed by such shortcomings. Just ask him...

[Cedar]

Sounds like legitimate concerns are brought to light in the article. Needs to be presented, and I appreciate your posting of this article.

I'm glad for the great progress in Iraq so far. Hopefully, these concerns can be addressed and corrected too in the near future.

[MikefromOhio]

you're going to trust what comes out of a Soros-affliated organization?

Jeez Chamberlinbuff, I figured you had learned when you were banned....

[MarkL]

Gee, these very same people didn't seem to have too much concern about the "civil rights" of the people of Iraq while Saddam was in power...

Mark

[Paul C. Jesup]

Iraq now joins three other states with constitutions that provide for sharia experts who are not required to have civil law education on their Supreme Courts

Are you saying that lawyers should be the only ones with the right to interpret a Constitution and by extention the law itself?

It is that sort of thinking that has created so many legal problems in the U.S.

[hsalaw]

Sorry this is so long, but the following is from a later FR thread, from The Spectator:

"The other beef is that the country will become an Islamic dictatorship along the lines of Iran. Critics cite the following from Article 2:

1st: Islam is the official religion of the state and is a basic source of legislation.

(a) No law can be passed that contradicts the undisputed rules of Islam.

This is absurd unless one ignores the next three sections and nearly the entire document:

(b) No law can be passed that contradicts the principles of democracy.

(c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.

2nd: This constitution guarantees the Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices.

In a document of over 10,000 words, the word "Islam" is mentioned five times, while the dreaded "Sharia" appears once (Article 90), in reference to experts in same that will sit on the Supreme Court along with judges and other legal authorities. Indeed, if the country were truly run under the strict rule of Sharia, the document itself would be impossible since Sharia forbids man-made law."

Doesn't sound like they're going to rush right out and start tromping on the religious freedoms of others.

[gr8eman]

Stupidity is Bipartisan.

[An.American.Expatriate]

What the heck is Freedom House, and, why are they reporting on themselves?? (in the third person!!!!)

[rdb3]

Freedom House is a clear voice for democracy and freedom around the world. Founded over sixty years ago by Eleanor Roosevelt, Wendell Willkie, and other Americans concerned with the mounting threats to peace and democracy, Freedom House has been a vigorous proponent of democratic values and a steadfast opponent of dictatorships of the far left and the far right.

Non-partisan and broad-based, Freedom House is led by a Board of Trustees composed of leading Democrats, Republicans, and independents; business and labor leaders; former senior government officials; scholars; writers; and journalists. All are united in the view that American leadership in international affairs is essential to the cause of human rights and freedom.

Over the years, Freedom House has been at the center of the struggle for freedom. It was an outspoken advocate of the Marshall Plan and NATO in the 1940s, of the U.S. civil rights movement in the 1950s and 1960s, of the Vietnam boat people in the 1970s, of Poland's Solidarity movement and the Filipino democratic opposition in the 1980s, and of the many democracies that have emerged around the world in the 1990s.

Freedom House has vigorously opposed dictatorships in Central America and Chile, apartheid in South Africa, the suppression of the Prague Spring, the Soviet invasion of Afghanistan, genocide in Bosnia and Rwanda, and the brutal violation of human rights in Cuba, Burma, China, and Iraq.

It has championed the rights of democratic activists, religious believers, trade unionists, journalists, and proponents of free markets. In 1997, a consolidation took place whereby the international democratization training programs of the National Forum Foundation were incorporated into Freedom House.

Today, Freedom House is a leading advocate of the world's young democracies, which are coping with the debilitating legacy of statism, dictatorship, and political repression. It conducts an array of U.S. and overseas research, advocacy, education, and training initiatives that promote human rights, democracy, free market economics, the rule of law, independent media, and U.S. engagement in international affairs.

Freedom House is a non-profit, nonpartisan organization that relies upon tax-deductible grants and donations under Section 501(c)(3) of the IRS code. Major support has been provided by:

The Lynde and Harry Bradley Foundation		The Byrne Foundation
The Carthage Foundation		The Eurasia Foundation
The Ford Foundation		The Freedom Forum
Grace Foundation, Inc.		Lilly Endowment, Inc.
The LWH Family Foundation		National Endowment for Democracy
The Pew Charitable Trusts		Sarah Scaife Foundation
The Schloss Family Foundation		Smith Richardson Foundation, Inc.
The Soros Foundations		The Tinker Foundation
Unilever United States Foundation, Inc.		US Agency for International Development
US Information Agency		Charles Stewart Mott Foundation
Whirlpool		U.S. Steel

Those are some major, questionable contributors there.

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