If you haven’t already, go here and take a look at the draft of the Iraqi Constitution.
I have read it and am inspired by the Iraqi legislators and their wanting to make a better Iraq after the sacrifices by not only our country and it’s fighting men and women, but also the other countries joining us there and the Iraqi people themselves.
Let’s just say that they’re not screwing around.
Even just reading the preamble is inspiring and something every Iraqi should be proud of. Hell, I’m a white guy from Seattle and I’m proud of them.
The left, of course, is going to harp on a couple points. Mostly because they cannot stand that “Bush’s illegal War� is going to amount to something after all the money and effort they put into hating him and his administration.
I’ve already seen this bit being laughed at over on the left wing blog (none of which are worthy of linkage here).
Article 2, Section A: No law can be passed that contradicts the undisputed rules of Islam
Article 2, Section B: No law can be passed that contradicts the principles of democracy.
Article 3, Section C: No law can be passed that contradicts the rights and basic freedoms outlines in this constitution.
Now, if you’re a Bush hating leftie, you see three different sets of rules. But if you are capable of analytical thinking instead of just critical thinking, you see only one.
For instance, there are a number of portions of Islam that the Shia majority dispute with the Sunni and, for that matter, most of the other Muslim sects in the region and the country and these are reflected in later parts of the constitution.
After this section, the council set Arabic and Kurdish as the official languages of Iraq, set down that THE LAW is sovereign n Iraq and that the only way for government to change hands is by peaceful democratic election and then went ahead and stated:
“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�.
Wow. Sound familiar? Maybe like the German Constitution after WWII? How many years did that take? Quite a few more than two and a half, if I remember correctly.
They then go on to put the military and the secret services under civilian control, ban the formation of private militias AND ban military personnel from running for office in Article 9.
After setting Baghdad as the capitol in Article 11, the flag, emblem and nation anthem in Article 12, Article 13 declares their Constitution as the “Supreme and Highest Law� before moving onto civil rights.
Article 14 cuts right to the marrow by stating that: “Iraqis are equal before the law without discrimination because of sex, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status�.
I have heard the leftists try to slide this off as just pillow talk, but if we can do it, why can’t an Arab? Oh yeah, I forgot, those left are actual racists who believe that these ‘little brown people’ aren’t capable of democracy.
Article 15 sets the Iraqi’s right to “Life, Security and Freedom�, Article 16 sets up equal opportunity and the right to privacy is thoroughly outlined in Article 17 with citizenship being the topic of Article 18.
You need to read Article 19 and its 13 points setting up the judiciary. Its independence from the other branches of government, trial by jury, innocent until proven guilty, right to a competent defense, it is all in there.
If you’re that far in, don’t miss the addition of more rights for women in Article 20.
Right to work (article 22), Private Property (Article 23), Taxes (Article 28), Right to Education (Articles 29 and 34).
Being a libertarian, the guarantee of social and health insurance (Article 30) and the right to health service (Article 31) doesn’t make me smile, but if they find it important, I’ll not balk.
“The freedom and dignity of a person is protected� is in Article 35 along with the banning of torture, inhumane treatment, forced labor and slavery and the means to seek compensation by victims of such.
And it just gets better in Article 36 which establishes ‘The freedom of expressing opinion by all means, the freedom of the press, publishing, media and distribution and the freedom of assembly and peaceful protest.’ This s followed by the freedom to establish and be a member of a political organization in Article 37.
And last but certainly not least, the freedom of religion is covered again in three sections, Articles 39, 40 and 41.
Chapter 3, Part 1, starting at Article 47 sets up the legislative bodies, two of them to be exact; The Council of Representatives and the Council of Union.
Part 2 sets up the Executive Office, both the President and his cabinet, starting at Article 64 and goes to Article 87 where the establishment of The Supreme Judiciary Council, who administers The Supreme Federal Court begins. Article 90 sets out the powers and limits on the SFC and Article 93 bans the creation of “Private or exceptional courts�.
You can then go onto the final sections that set up regional governance, and I recommend it as it looks to be a work of temperance and civility, something that Iraq has not seen in thirty-plus years.
Taken as a whole, this proposed Iraqi Constitution is a thing of beauty. Not only for the fact that many people have sacrificed to help its creation or that it was created under a wave of violence from those who oppose anything but theocracy, but because we all know that if the American people of today had to do the same, it would have taken at least twice as long, been 250 pages instead of 25 and not have covered half as much.
While I do not see an actual right to keep and bear arms or a right to self defense contained within its pages, taking the cultural factors and the fact that everyone in Iraq is currently nearly required to keep a well maintained AK-47 and ammunition in their home into account, I don’t foresee a great sweep of weapons confiscation happening too soon.
My only hope now is that the Iraqi people see the beauty contained in it and give it the nationwide thumbs up when they go to the ballot box.