The regime needs to practice what it preaches (re: Iraqi constitution)

[Vas Liz]

I was going over the Iraqi constitution and noticed a few things... (http://news.findlaw.com/cnn/docs/iraq/30804interimconst.html)


"These people, affirming today their respect for international law"

I know someone else who needs to do that.

"Gender-specific language shall apply equally to male and female."

Sounds nice... but look below.

"Islam is the official religion of the State and is to be considered a source of legislation. "

This line right here gurantees the new Iraqi government will continue to oppress people. It essentially creates a theocracy. The moment the right wing takes power (which should be pretty quickly) it's over. See the line above? Notice the contradiction? No hard line religious fundamentalist is going to respect equality. It will probably mean the collpase of the goverment if this stays in for the final constitution. Bad move not creating a secular goverment.

"All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts."

How can this be true when Islam (or any religion) is the basis for law? Another contradiction.

"The individual has the right to security, education, health care, and social security"

Well, Iraq is already a step ahead of us then.

" In the event that a warrantless search is carried out in the absence of an extreme exigent circumstance, the evidence so seized, and any other evidence found derivatively from such search, shall be inadmissible in connection with a criminal charge, unless the court determines that the person who carried out the warrantless search believed reasonably and in good faith that the search was in accordance with the law."

Wow. Bet Ashcroft would love to have that one on the books.

"All persons shall be guaranteed the right to a fair and public hearing by an independent and impartial tribunal, regardless of whether the proceeding is civil or criminal. Notice of the proceeding and its legal basis must be provided to the accused without delay."

HAHAHA. Someone better let the Bush admin know about this one. I think it applys here too.

"(E) The accused is innocent until proven guilty pursuant to law, and he likewise has the right to engage independent and competent counsel, to remain silent in response to questions addressed to him with no compulsion to testify for any reason, to participate in preparing his defense, and to summon and examine witnesses or to ask the judge to do so. At the time a person is arrested, he must be notified of these rights.

(F) The right to a fair, speedy, and open trial shall be guaranteed.

(G) Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner. "

Ditto.

"Civilians may not be tried before a military tribunal. Special or exceptional courts may not be established."

<sigh> Hypocrasy knows no ends...

" Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment. "

Hmmm... Guess no shipping people off to Egypt.

" It shall not be permitted to possess, bear, buy, or sell arms except on licensure issued in accordance with the law."

Obviously the NRA and Repub party were not consulted here.

"The Iraqi Transitional Government shall respect and implement IraqÕs international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons. "

Think this one is taken care of.


Overall the constitution looks decent. There are a couple things that could mean collpase or oppresion later down the road if they stay in the final constitution. (such as the islamic basis for law)

I will say though the hypocrasy in some of the sections is great. Things the new Iraq gov is forbidden to do, but is A-ok if the bush admin wants to do it here at home.