August 23, 2005

A REMARKABLE ACHIEVEMENT:

Text of Proposed Iraq Constitution (THE ASSOCIATED PRESS, 8/23/05)

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.


Somewhat lost in all Sunni whining is just how astonishing it is for an Islamic nation to be drafting and adopting a written constitution to form the basis of a consensual government. The one lesson you'd think folks would have learned by now though is that you can't have a president and a prime minister.

Posted by Orrin Judd at August 23, 2005 10:46 AM
Comments

1. Freedom of expression by all means.

This might come back to haunt them. Do they really mean "all" means?

Posted by: Robert Duquette at August 23, 2005 11:22 AM

There's a lot of hand-wringing in the blogosphere that the Constitution will establish an Islamic fundalist state and put Iraq where Iran is. Is this concern true?

Posted by: AWW at August 23, 2005 11:25 AM

There's a lot of hand-wringing in the blogosphere that the Constitution will establish an Islamic fundalist state and put Iraq where Iran is. Is this concern true?

Posted by: AWW at August 23, 2005 11:26 AM

AWW - Yes

Go read Andy McCarthy or Leeden in The Corner today on National Reviews site. They make some pretty strong points.

Posted by: BJW at August 23, 2005 11:29 AM

Sigh. Why has no one ever figured out that the reason why the US Constitution has been so successful & enduring is that it is so short, and only deals with the very basics of how the federal gov't is organized? (Except for the Amendments, of course, most of which are coming from an entirely different philosophy than that of the Founders...)

Posted by: b at August 23, 2005 11:36 AM

Article 66

A presidential candidate should:

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 66(3) seems completely unnecessary, and a potential source for suppression of opposition.

Article 75 likewise seems overly restrictive; why specify that the PM must have a college degree ?

We have the exact same requirement for teachers here in the U.S., and it hasn't resulted in a higher quality of outcome.

Article 151 is splendid; few advanced nations have more than 25% feminine representation at the highest levels, despite having no formal restrictions for female candidates, and it is enough to effect change, if they vote as a bloc.

Posted by: Michael Herdegen at August 23, 2005 11:44 AM

What's wrong with a nation suppressing the opposition?

Posted by: oj at August 23, 2005 11:51 AM

Also remarkable is that this constitution has approximately 49,000 percent fewer pages than the European constitution. To have the Iraqis make you look like a bunch of a**holes is truly amazing.

Seat-of-the-pants, needs-must, bare-bones brevity is the only way to write a good constitution, as the American Fathers would tell you. I just hope to hell they choose human rights over Islamicism. For their sake. And ours.

Posted by: george at August 23, 2005 12:08 PM

oj:

Nothing, if you're a fan of Saddam Hussein and Stalin.

Posted by: Michael Herdegen at August 23, 2005 12:16 PM

Michael: I believe that at least some Scandinavian countries have such requirements as Article 151, perhaps even reaching 50% quotas. I don't know that having "women's seats" is really desirable, but it's their country...

Posted by: b at August 23, 2005 12:17 PM

AWW- No. Look at Article 2, Section 1 b and c. These prevent a full Iran style state from legally existing.

I agree with OJ. It really is a remarkable document. The freedoms and minority (especially Kurdish) rights are quite good. Maybe not up to US standards but good. Of course, a Constitution is only as good as those interpreting/enforcing it (see USSR constitution) but you have to start somewhere.

Posted by: Bob at August 23, 2005 12:19 PM

"What's wrong with a nation suppressing the opposition"

Depends on how brutally you suppress the opposition. Lincoln (without aid of a provision in the constitution) went overboard, but then that is now the new constitutional order.

Posted by: h-man at August 23, 2005 12:20 PM

It's possible to have a president and a prime minister as long as one is relatively powerless.

Posted by: Brandon at August 23, 2005 12:23 PM

And throughout the Muslim world people ask "Where's ours?"

Posted by: Luciferous at August 23, 2005 12:46 PM

Affirmative action is patronizing and wrong and so is reserving a certain percentage of seats for women.

Just allow women to compete fairly on a level playing field and let them win or lose on their own merit.

Posted by: erp at August 23, 2005 1:06 PM

Pretty good for a first draft, it seems.

Posted by: Mike Morley at August 23, 2005 1:07 PM

I'll give it a rating of "mediocre". Could have been a lot worse (cf. the EU Constitution or full blown theocracy). While there are some good basics, it is (as noted by b) full of the irrelevant (¶ 3), the pointless (¶ 107), and articles that will be a long term drag on the nation (¶ 109).

Posted by: Annoying Old Guy at August 23, 2005 1:17 PM

AOG:

Article 107 provides a legal basis for attempting to prevent secession.

Posted by: Michael Herdegen at August 23, 2005 2:04 PM

BJW, Leeden has just given this constitution a tentative thumbs up.

Posted by: Timothy at August 23, 2005 3:12 PM

Whatever. Lacking the patience for attention to detail that most of you folks clearly have, can we at least agree the glass is definitely half full here?

Posted by: John Resnick at August 23, 2005 7:49 PM

What's the empty part?

Posted by: oj at August 23, 2005 8:02 PM

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.

Absolutely insane. Democracy and Islam are polar opposites. There can be no democracy with the Islamist clerics damning every republican move, and they will. Thanks Condi, thanks George. They win.

All those dead boys and girls.

Posted by: NC3 at August 23, 2005 8:27 PM

NC3:

You're jumping the gun by about five years.

Let's see how it plays out, before starting the hair-pulling and wailing.

Posted by: Michael Herdegen at August 23, 2005 9:28 PM

NC3:

Shi'ism, at least, is as compatible with democracy as Christianity and Judaism are.

Posted by: oj at August 23, 2005 10:13 PM
What's the empty part?
Nationalization of oil and gas resources would be one big chunk of empty. The pointless decoration of the document with things like "Arabs are part of the Arab nation" would be another (doesn't that phrase under cut the sovereignity phrases later on?). Gender quotas for the legislature. None of that is fatal, but it's hardly helpful. Posted by: Annoying Old Guy at August 23, 2005 11:57 PM

They probably need to nationalize the oil industry to at least a Norwegian degree if they're to have any hope of escaping the resource curse.


http://www.boston.com/news/packages/iraq/globe_stories/041303_ideas2.htm

And they certainly need to involve women.

The Arab bit is silly.

Posted by: oj at August 24, 2005 12:18 AM

If nationalizing the oil and gas resources is desirable then it should be done via legislation, not in the constitution. A constitution is for mechanism, not policy.

Posted by: Annoying Old Guy at August 24, 2005 10:41 AM

Laws can be easily changed by majorities. Natural resources are the inheritance of the nation and fit well in a document defining national rights and obligations.

Posted by: oj at August 24, 2005 10:48 AM
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