Friday, 26 August 2005

Draft Iraqi Constitution

Negotiators handed a draft Iraqi Constitution to parliament just before the deadline. While there are still negotiations going on to try and convince the Sunnis to support it, there is a chance that this will be the document which is voted on in a referendum later this year. Full text of the document can be found here. Some important bits:
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.

(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.

Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation.
...
Article (7):

1st -- Entities or trends that advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.

2nd -- The state will be committing to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism's) activities.
...
Article (9):

1st --
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(b) Forming military militias outside the framework of the armed forces is banned.
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CHAPTER TWO: RIGHTS AND FREEDOMS

PART ONE: RIGHTS

FIRST: Civil and political rights.

Article (14): Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.

Article (15): Every individual has the right to life and security and freedom and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.

Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.

Article (17):

1st -- Each person has the right to personal privacy as long as it does not violate the rights of others or general morality.

2nd -- The sanctity of the home is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.
...
SECOND: Economic, social and cultural rights

Article (22):

1st -- Work is a right for all Iraqis in a way that guarantees them a good life.

2nd -- The law regulates the relation between employees and employers on an economic basis, while keeping in consideration rules of social justice.

3rd -- The state guarantees the right to form or join syndicates or professional unions. This shall be regulated by law.
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Article (25): The state shall guarantee the reforming of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector.
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Article (30):

1st -- The state guarantees social and health insurance, the basics for a free and honorable life for the individual and the family -- especially children and women -- and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.
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Article (109): Oil and gas is the property of all the Iraqi people in all the regions and provinces.

Article (110):

1st -- The federal government will administer oil and gas extracted from current fields in cooperation with the governments of the producing regions and provinces on condition that the revenues will be distributed fairly in a manner compatible with the demographical distribution all over the country. A quota should be defined for a specified time for affected regions that were deprived in an unfair way by the former regime or later on, in a way to ensure balanced development in different parts of the country. This should be regulated by law.

It's worth reading the whole thing up to Chapter 3 (gov't structure). A lot of it is basic rule of law, due process and democratic freedom type stuff, there are some interesting idiosyncracies and local flavours, such as Art 21 "An Iraqi shall not be handed over to foreign bodies and authorities", which sounds rather unusual.

I bolded a section of art 110. I think this might be a major sticking point for the Sunnis as it guarantees decreasing power and revenue for the central government in time and an increase in the power of the Shiite/Kurdish provinces which have geographical control over the main oil reserves.

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