On Iraq's Constitution, Not Such Good News From An Iraqi

[Annie]

that is 'politically involved':

http://iraqthemodel.blogspot.com/2005/07/if-this-is-going-to-be-final-draft.html

IRAQ THE MODEL
Tuesday, July 26, 2005

If this is going to be the final draft, then I'm going to say "NO".
This morning, Al-Sabah had the exclusive right to publish the current draft of the constitution.
This draft will be submitted to the national Assembly to get the Assembly's approval before putting it to the October referendum.
Of course the draft is tool long to fully translate and it would've taken me a few more days to do that so I have chosen the most important parts of it and translated them.
Here are they for you to read:

*Words in between brackets are still not agreed upon by all members of the CDC.
*My comments are in Italics.

Read it all...

 

[rcajun90]

On it's face I don't have a problem with it. It grants the basic rights and freedoms of any Western constitution. I'm a bit concerned with the Islamic Republic of Iraq but it is all in the way it is established and interpeted. It could very well be argued that we and the Western world are Christian republics since most of our laws are based on the Judeo - Christian laws.

 

[Annie]

On it's face I don't have a problem with it. It grants the basic rights and freedoms of any Western constitution. I'm a bit concerned with the Islamic Republic of Iraq but it is all in the way it is established and interpeted. It could very well be argued that we and the Western world are Christian republics since most of our laws are based on the Judeo - Christian laws.

Well I would't speak for Omar, but how many 'successful' governments based on S'haria law can you name?

 

[rcajun90]

Where did it say that laws were based on S'haria laws? I am familar with the harshness of S'haria law. Basically I believe it is up to them to fashion their own government. If they want to be ruled by dogs its okay with me as long as they don't slaughter their own people or export terrorism.

 

[USViking]

Let us hope this constitution does not lead
to anything remotely approaching the details
\in force in neighboring Iran.

Her is a link to Iranian penal code's laws
pertaining to women:

http://www.learningpartnership.org/legislation/national.phtml

Article 74. Adultery, whether punishable by flogging or stoning, may be proven by the testimony of four just men or that of three just men and two just women.

Article 75. If adultery is punishable only by flogging it can be proven by the testimony of two just men and four just women.

Article 76. The testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery but it shall constitute false accusation which is a punishable act.

These articles show clearly the degraded status women
suffer in the eyes of the law in Iran, their testimony
being viewed as far inferior to that of men.

This is the rule wherever Islamic law prevails, and the
niceties of whether such practice truly conforms to
scriptural requirements is beside the point.

 

[-Cp]

Islam Dominates Iraq's Draft Constitution
Tue Jul 26, 4:15 PM ET

BAGHDAD, Iraq - Framers of Iraq's constitution will designate Islam as the main source of legislation — a departure from the model set down by U.S. authorities during the occupation — according to a draft published Tuesday.

The draft states no law will be approved that contradicts "the rules of Islam" — a requirement that could affect women's rights and set Iraq on a course far different from the one envisioned when U.S.-led forces invaded in 2003 to topple Saddam Hussein.

"Islam is the official religion of the state and is the main source of legislation," reads the draft published in the government newspaper Al-Sabah. "No law that contradicts with its rules can be promulgated."

The document also grants the Shiite religious leadership in Najaf a "guiding role" in recognition of its "high national and religious symbolism."

Al-Sabah noted, however, that there were unspecified differences among the committee on the Najaf portion. Those would presumably include Kurds, Sunni Arabs and secular Shiites on the 71-member committee.

During the U.S.-run occupation, which ended June 28, 2004, key Shiite and some Sunni politicians sought to have Islam designated the main source of legislation in the interim constitution, which took effect in March 2004.

However, the U.S. governor of Iraq, L. Paul Bremer, blocked the move, agreeing only that Islam would be considered "a source" — but not the only one. At the time, prominent Shiite politicians agreed to forego a public battle with Bremer and pursue the issue during the drafting of the permanent constitution.

Some women's groups fear strict interpretation of Islamic principles could erode their rights in such areas as divorce and inheritance. It could also move Iraq toward a more religiously based society than was envisioned by U.S. planners who hoped it would be a beacon of Western-style democracy in a region of one-party rule and theocratic regimes.

Members of the constitutional committee said the draft was among several and none would be final until parliament approves the charter by Aug. 15.

The drafting committee met Tuesday to discuss federalism, one of the most contentious issues, according to Sunni Arab member Mohammed Abed-Rabbou. He described the discussion as "heated" and said no agreement was reached.

Parliament speaker Hajim al-Hassani, a Sunni Arab, urged Iraqi media to refrain from publishing supposed texts unless they are released by the constitutional committee.

Sunni Arabs involved in writing the charter have complained that Shiites and Kurds are trying to steamroll their version of the draft without proper consultation and discussion.

The Sunnis agreed only Monday to resume work on the committee after they walked out to protest the assassination of two colleagues this month.

"It's very important that the constitution is produced through the participation of all Iraqis," U.S. Ambassador Zalmay Khalilzad told reporters Tuesday. "This is important for ending and defeating the insurgency, for having a political compact and I want to say to the Arab Sunni community that they can count on us for such a compact."

Sunni Arab support is crucial because the charter can be scuttled if voters in three of Iraq's 18 provinces reject it by a two-thirds majority — and Sunni Arabs are a majority in four provinces. Sunni Arabs make up about 20 percent of Iraq's 27 million people but dominate areas where the insurgency is raging.

U.S. officials are eager for the Iraqis to meet the Aug. 15 deadline as a major step in building a stable constitutional government, considered key to pacifying the Sunni insurgency and enabling the U.S. and its partners to begin drawing down troop strength.

If the deadline is met, voters will decide whether to approve the charter in mid-October and if they do, another general election will take place in December.

In an Internet statement Tuesday, al-Qaida's wing in Iraq warned Iraqis not to take part in the constitutional referendum, saying democracy goes against God's law and anyone who participates would be considered an "infidel," and earmarked for death.

According to Al-Sabah, the draft constitution would declare Iraq a sovereign state with "a republican democratic federal system." However, the word "federal" appears in brackets, indicating opposition among the committee.

Sunni Arabs are suspicious that federalism, a prime goal of the Kurds, would lead to the disintegration of Iraq.

In other developments:

_Gunmen fired on two buses carrying workers home from a government-owned company on the western edge of Baghdad, killing 16 and wounding 27, police and a company official said.

_Two gunmen in a speeding car assassinated a top aide to radical Shiite cleric Muqtada al-Sadr, police said in Baqouba, a city northeast of Baghdad.

 

[USViking]

The US Constitution is appropriate universally.

There are no prospects for Iraq adopting it now.

I wish it would now. Since later, as soon as possible.

 

[Annie]

The US Constitution is appropriate universally.

There are no prospects for Iraq adopting it now.

I wish it would now. Since later, as soon as possible.

No, it's not.

Right you are.

Would not be appropriate, they haven't our history, not even US 18th/19th C.