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Baghdad Burning... I'll meet you 'round the
bend my friend, where hearts can heal and souls can mend... By riverbend Draft Constitution - Part I... It was during the online search for the *real* draft constitution that the first problem with the document hit me. There are, as far as I can tell, three different versions. There are two different Arabic versions and the draft constitution translated to English in the New York Times a few weeks ago differs from them both. I wish I could understand the Kurdish version- I wonder if that is different too. The differences aren't huge- some missing clauses or articles. Then again, this is a constitution- not a blog... one would think precision is a must. The constitution is basically in seven parts: Preamble, Chapter 1: Basic Principles, Chapter 2: Rights and Freedoms, Chapter 3: Federal Authorities, Chapter 4: Powers of the Federal Authorities, Chapter 5: Regional Authorities, and Chapter 6: Transitional and Final Guidelines. I scanned the preamble once without bothering to re-read it every time I saw a new version of the constitution. It is somewhat long and dark and reads more like a political statement than the opening lines of what should be a document that will go down in history. I later realized that this was a mistake. In the varying versions, the preamble differs in its opening lines, as freelance journalist Alexander Gainem notes in the following article:
Beginning with the first chapter, Basic Principles, there are several interesting articles. Article (2) seems to be the biggest concern for journalists and analysts abroad. It states: Article (2):
Now, I'm a practicing Muslim
female. I believe in the principles and rules of Islam I practice-
otherwise I wouldn't be practicing them. The problem is not with
Islam, the problem is with the dozens of interpretations of Islamic
rules and principles. Islam is like any other religion in that
its holy book and various teachings may be interpreted in different
ways. In Iraq we see this firsthand because we have ample example
of varying Islamic interpretations from two neighbors- Iran and
Saudi Arabia. Who will decide which religious rules and principles
are the ones that shouldn't be contradicted by the constitution? Why is it that the state can
have no influence on the Marja'ia but there is no clause saying
that, in return, the Marja'ia cannot tamper in matters of state
or constitution? The Marja'ia has influence over the lives of
millions of Iraqis (and millions of Muslims worldwide, for that
matter). The laws of the Marja'ia for some supersede the laws
of state. For example, if the Marja'ia declares the religiously
acceptable marrying age to be 10 and the state declares the legal
age to be 18, won't that be unconstitutional? The state cannot
pass laws that do not agree with the basic principles and rules
of Islam and for millions, the Marja'ia sets those rules.
This one is amusing because in the first two parts of the article, foreign troops are forbidden and then in the third, they're kind of allowed... well sometimes- when the puppets deem it necessary (to keep them in power). What is worrisome about this article, on seeing the final version of the draft constitution, is its mysterious disappearance- in spite of the fact that it leaves a lot of leeway for American bases in Iraq. Now, in the final version of the constitution, there is nothing about not having foreign troops in the country or foreign bases, at the very least. The 'now you see it'/ 'now you don't' magical effect of this article, especially, reinforces the feeling that this constitution is an 'occupation constitution'. When we get to Chapter 2: Rights
and Freedoms, the cutting and pasting really begins. Upon first
reading it, many of the articles and clauses sounded very familiar.
After a few, it hit me that some of them were taken almost word
for word from the Temporary Constitution of 1970, implemented
up until the war (this constitution having been based on the
constitution before it). The rights of women in the new constitution are quite murky. In one version, printed in the New Sabah newspaper in August, there is a clause about the state guaranteeing the rights of women in their family, social and economic setting and equality between men and women in order to allow women to make substantial contributions to the state as long as it does not contradict the constitution! This article is not in the final draft. In the final draft of the constitution,
women are mentioned as having the right to vote and run for government.
The rest of the references to women are hardly flattering- women
are mentioned in context with 'children and the elderly'. In
the 1970 constitution, women aren't mentioned at all. References
are made to "Iraqis" or "citizens"- this
does not single out women as needing special attention or care
because they are less capable people needing male guidance or
surveillance. Article (30): - posted by river @ 2:17 AM riverbend Archives 321gold Inc |
