Iraq's interim constitution was signed today moving a free Iraq a step closer to democracy. This is just as an important step for the U.S. as it is for Iraq.
Promoting freedom democracy in the Middle East is one of the long-term goals of the war against terrorism. President Bush set forth this strategy very eloquently in the Advance of Freedom speech he gave at the National Endowment for Democracy and the Three Pillars speech he gave at Whitehall Palace.
If this strategy is to have a chance to succeed, we must ensure that governmental structures are in place that will give freedom a chance. Iraq's interim constitution seems to lay the groundwork to do just that.
The interim constitution lays out the framework for how Iraq will be governed after the U.S. ends the "civil occupation" this summer. The interim constitution calls for elections to be held by the end of January 2005 to select a 275-member transitional assembly. That group will serve as a legislature, draft a constitution and choose the president and two deputy presidents. The presidents, in turn, will select a prime minister and a cabinet to run the government. The transitional government will remain in power until a permanent constitution is approved in a national referendum and new elections are held.
The return of Iraqi sovereignty is governed by the November 15 Agreement signed by the Iraqi Governing Council and The Coalition Provisional Authority.
Under the interim constitution Iraq will be republican, federal, democratic, and pluralistic. Federalism will be based on geography, history, and the separation of powers and not on ethnicity or sect.
According to the Washington Post the interim constitution includes the following features:
Islam will be the official religion of the State and will be considered a source of legislation. The Law will respect the Islamic identity of the majority of the Iraqi people and guarantee the freedom of religious belief and practice.
The Transitional Iraqi Government will contain checks, balances, and the separation of powers.
The Transitional Legislative Authority will be vested in a National Assembly, which will pass laws and help select and oversee the work of the executive authority. The National Assembly will be freely elected by the people of Iraq, under an electoral system designed to achieve representation of women of at least one-quarter of its members, as well as fair representation of all of Iraq's communities.
The Transitional Executive Authority will consist of the Presidency and the Council of Ministers, including the Prime Minister.
The Presidency Council will consist of the President and two Deputy Presidents, and will be elected by the National Assembly as a group. The Presidency Council will represent the sovereignty of Iraq, may veto laws, and make appointments. All decisions of the Presidency Council will be taken unanimously.
The Prime Minister and the Council of Ministers will oversee the day-to-day management of the government.
The Federal Judicial Authority will be independent. A Federal Supreme Court will be created to hear judicial appeals and to ensure that all laws in Iraq are consistent with the Transitional Administrative Law. It will consist of nine members, who will be appointed by the Presidency Council upon the recommendation of an impartial Higher Juridical Council.
Federalism and local government will ensure a unified Iraq and prevent the concentration of power in the central government that enabled decades of tyranny and oppression. This will encourage the exercise of local authority in which all citizens are able to participate actively in political life.
The Kurdistan Regional Government will be recognized as an official regional government within a unified Iraq, and will continue to exercise many of the functions it currently exercises. Groups of governorates elsewhere in Iraq will be permitted to form regions, and take on additional authorities.
The National Assembly will be responsible for drafting the permanent constitution.
After consulting with the Iraqi people and completing a draft, the proposed constitution will be submitted to the public in a referendum, which will occur no later than 15 October 2005. If the constitution is adopted, elections for a new government under the constitution will be held, and the new government will take office no later than 31 December 2005.
A complete executive summary of the interim constitution is available
here via the Washington Post.
The interim constitution, while not perfect, is unprecedented in the Middle East with regard to the protections of individual freedoms. The Washington Post reports that the constitution includes a Bill of Rights protecting the following:
• "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." (Chap 2, Article 12)
• "Public and private freedoms shall be protected." (Chap 2, Article 13)
• "The right of free expression shall be protected." (Chap 2, Article 13)
• "Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited." (Chap 2, Article 13)
• "Torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall cruel, inhuman or degrading treatment . . . ." (Chap 2, Article 15)
• "Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law." (Chap 2, Article 13)
• "The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed." (Chap 2, Article 13)
• "Every Iraqi . . . has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections. No Iraqi may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy." (Chap 2, Article 20)
• "Anyone who carries Iraqi nationality shall be deemed an Iraqi citizen. No Iraqi may have his Iraqi citizenship withdrawn or be exiled unless he is a naturalized citizen who, in his application for citizenship, as established in a court of law, made material falsifications on the basis of which citizenship was granted. Each Iraqi shall have the right to carry more than one citizenship. Any Iraqi whose Iraqi citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Iraqi citizenship." (Chap 2, Article 11)
• "The right to a fair, speedy and open trial shall be guaranteed." (Chap 2, Article 15)
• "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 . . . ."(Chap 2, Article 15)
• "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." (Chap 2, Article 15)
• "After being found innocent of a charge, an accused may not be tried once again on the same charge." (Chap 2, Article 15)
• "Slavery and the slave trade, forced labor, and involuntary servitude, with or without pay, shall be forbidden." (Chap 2, Article 13)
• "The individual has the right to security, education, healthcare and social security." (Chap 2, Article 14)
• "Each Iraqi has the right to privacy." (Chap 2, Article 13)
• "Police, investigators, or other governmental authorities may not violate the sanctity of private residences, whether these authorities belong to the federal or regional governments, governorates, municipalities, or local administrations, unless a judge or investigating magistrate has issued a search warrant . . . ." (Chap 2, Article 15)
• "No one may be unlawfully arrested or detained, and no one may be detained by reason of political or religious beliefs." (Chap 2, Article 15)
• "The right to private property shall be protected . . . . No one shall be deprived of his property except by eminent domain, in circumstances and in the manner set forth in law, and on condition that he is paid just and timely compensation." (Chap 2, Article 16)
• "There shall be no taxation or fee except by law." (Chap 2, Article 18)
• "This Law is the Supreme Law of the land and shall be binding in all parts of Iraq without exception. No amendment to this Law may be made except by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council." (Chap 1, Article 3)
Not a bad list of protected freedoms.
The Iraqi constitution does a much better job of protecting rights and freedoms than does the Afghan constitution. It provides reason to be optimistic that we may be able to prevail in the war against terrorism. We will only succeed by bringing freedom and democracy to the long oppressed peoples of the Middle East and Central Asia. The constitution signed today is a huge step in the right direction.
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