IRAQI CONSTITUTION COULD THREATEN HUMAN RIGHTS

WASHINGTON, D.C., October 16, 2005 -- The constitution voted on
yesterday in Iraq may well constitute an obstacle to securing human
rights and individual liberties should it be approved, Freedom House
said today. Immediate and comprehensive efforts should be undertaken
to ensure that post-referendum amendments and enabling legislation 
for the constitution address the most problematic provisions.

On October 15, Iraqis voted in a national referendum on whether to
adopt a constitution that emerged in mid-September after months of
negotiation and was expected to be approved. A political agreement
reached last week commits Iraq's leaders to consider new amendments 
to the constitution in the very near future.

While the Constitution contains numerous positive attributes that may
contribute to the emergence of a democratic state, including strong
language asserting religious freedom and democratic principles,
Freedom House analysts have assessed that the provisions relating to
the creation of the Supreme Federal Court could empower sharia experts
on that court. They could suborn universal standards of individual
liberties and principles of equality to a particular and restrictive
religious interpretation of rights based on the religious affiliation
of individuals.

"The implications for dissidents, including religious dissenters, 
as well as for legitimate political opposition, women, religious
minorities and non-believers, are quite troubling and ominous," 
said Freedom House Executive Director Jennifer Windsor." There is 
a real risk that all these groups will face serious dangers in the 
new Iraq," she said.

Iraq now joins three other states with constitutions that provide 
for sharia experts who are not required to have civil law education 
on their Supreme Courts: Iran, Saudi Arabia and Afghanistan. "These 
are not the models that new democracies should be emulating," said 
Ms. Windsor.

A constitutional provision related to the composition of the Supreme
Court poses a threat of rule by Islamic jurists in Iraq, which could
directly contribute to sectarian divisions within the country.
Protections of the rights of women, and freedom of expression and
belief are also in danger, as suggested by the case of Afghanistan,
where the first act of the chief judge of the Supreme Court was to
bring blasphemy charges against the only woman cabinet member on the
basis that she criticized sharia.

Freedom House also expressed concern about the lack of protection 
for freedom of expression in the constitution, which declares that 
free speech is guaranteed within the bounds of public morality and 
public order. Such a provision is woefully inadequate, given that 
most infringements on free expression in autocracies across the 
globe are rationalized on the grounds of order and morality.

"We know that many people -- in the US government, in the
international community and especially among Iraqis -- tried and
failed to correct these defects as they emerged," said Ms. Windsor.
"That work must continue. Given the likelihood of the passage of this
constitution, friends of Iraqi democracy should focus renewed energy
and commitment on trying to shape the enabling legislation yet to
come, following on the December elections," she said. "The newly
negotiated provision that allows constitutional amendments to be
considered next year, where previously there was to be an eight-year
moratorium, also offers hope for improvement. Along with many others,
we at Freedom House will be there with Iraqis to work for a better
result in the future."

In Freedom House's latest global survey of political rights and civil
liberties, Freedom in the World 2005, Iraq is rated Not Free.


Source: "Freedom House" press release...
http://www.freedomhouse.org/media/pressrel/101605.htm


Cheers, Steve..

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