Tuesday, March 09, 2004

The Iraqi interim Constitution

Here's a link to the full text of the new Iraqi Constitution.

I've been skimming over it, but I've found a couple items that I don't particularly care for:
Article 7.

A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.

I understand that this is a concession to the religious leaders of Iraq. I do note that the phrase "during the transititional period" is present which makes me feel a bit better about this. I'll wait and see what the final Constitution says.
Article 14.

The individual has the right to security, education, health care, and social security. The Iraqi State and its governmental units, including the federal government, the regions, governorates, municipalities, and local administrations, within the limits of their resources and with due regard to other vital needs, shall strive to provide prosperity and employment opportunities to the people.

This smacks of socialism to me. I don't argue with the right to security but the others give me pause. There are those who argue that everyone should have the right to education, health care, and social security in this country, rights which currently are not enumerated in the US Constitution, but I don't think they are the business of the federal government.
Article 17.

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

As a staunch supporter of the individual right to keep and bear arms I don't like this one bit. It doesn't prohibit private ownership of arms, but it does severely regulate it and a right that requires a license to exercise is not a right, but a privilege.

I haven't read the whole thing yet so there may be more things to point out. Also, this is just the transitional constitution, which is only in force until the final constitution is drafted and enacted. And it may be considerably different, hopefully more like ours.

I do want to point out something that I do like:
Article 23.

The enumeration of the foregoing rights must not be interpreted to mean that they are the only rights enjoyed by the Iraqi people. They enjoy all the rights that befit a free people possessed of their human dignity, including the rights stipulated in international treaties and agreements, other instruments of international law that Iraq has signed and to which it has acceded, and others that are deemed binding upon it, and in the law of nations. Non-Iraqis within Iraq shall enjoy all human rights not inconsistent with their status as non-citizens.

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