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Iraq: Draft Constitutions Signal Loss Of Rights


At least two unofficial versions of Iraq’s draft constitution have been leaked to the press in recent days, leaving many to speculate on what the future holds for Iraqi citizens in terms of individual and minority rights.

Iraqis close to the constitutional committee claim that many issues remain unresolved and that many drafts are floating around Baghdad, adding that those drafts do not represent the final version. However, those versions circulating in the media, including a draft bill of rights, have raised questions as to the direction the future Iraqi state will take — particularly with regard to the role of religion, the status of clerics, federalism, and women’s rights.

The State Of Religion

One draft, published in Baghdad daily “Al-Mada” (http://www.almadapaper.com), states that Iraqi citizens, in addition to the rights laid out in the constitution, “shall enjoy the rights stipulated in international treaties, agreements, and international legal documents….so long as these do not contradict Islam.”

Another draft, published in the daily “Al-Sabah”, calls for the government to be a parliamentary democracy with a weak executive branch; a single legislative body, elected every four years; and an independent judiciary. Regarding Islam, the draft states: “Islam is the official religion of the state. It is the basic source for legislation. It is forbidden to pass a law that contradicts its fixed rulings.”

This status a marked deviation from that afforded Islam as “a source of legislation” under the Transitional Administrative Law (TAL), Iraq’s interim constitution written by the Coalition Provisional Authority (CPA) in Iraq ahead of the 2004 transfer of power .

More : rferl.org



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