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IRAQI CONSTITUTION COULD THREATEN HUMAN RIGHTS
freedom house ^ | Oct 17 05 | Michael Goldfarb, Freedom House

Posted on 10/18/2005 8:55:11 PM PDT by churchillbuff

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.


TOPICS: Culture/Society; Editorial
KEYWORDS: doomandgloom; freedomhouse; iraq; iraqconstitution; saddamite; soros; yourjobiniraq
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1 posted on 10/18/2005 8:55:11 PM PDT by churchillbuff
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To: churchillbuff

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.


2 posted on 10/18/2005 8:56:27 PM PDT by churchillbuff
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To: churchillbuff

Would there be a chance for human rights violations if they didn't have constitution?


3 posted on 10/18/2005 8:57:57 PM PDT by Americanexpat (A strong democracy through citizen oversight.)
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To: churchillbuff

Not having a constitution could threaten human life!


4 posted on 10/18/2005 8:58:25 PM PDT by bnelson44 (Proud parent of a tanker!)
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To: churchillbuff

You just live to post this stuff, don't ya


5 posted on 10/18/2005 8:58:34 PM PDT by Mo1
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To: Americanexpat
Sharia Goes Global: Paul Marshall, a senior fellow at Freedom House's Center for Religious Freedom.

Marshall: Countries that implement extreme Sharia will almost certainly become anti-American. It is also being imposed by vigilantes against Muslims and others in the West: Note the fatwa against Salman Rushdie, and the murder of movie producer Van Gogh last year in the Netherlands. There has been increasing pressure, as in Canada, to implement forms of Sharia in the United States.

Question: What is the best way to fight extreme Sharia?<<

Marshall: There is no such thing as "extreme Sharia law." There is only Sharia law and it was and has always been extreme. I believe Canada just put that little uprising down and with our Constitution, it will be difficult here, but it is already being practiced in heavily populated Muslim areas. Islam rules their lives, all aspects of it. If the common man tries to use American courts or women go to the police for being beaten, they are shunned and sometimes, "disappear." There is only one way Sharia law will rule in the States..that is if CAIR gets their wish and replaces the Constitution with the Quran. They are trying and we must stop them. The first step is recognizing the threat. After that hurtle is jumped, the fight will be easier. To defeat an enemy, you must first realize you have one.

6 posted on 10/18/2005 8:59:41 PM PDT by churchillbuff
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To: churchillbuff

Well, maybe they should toss it, free Saddam, put him back in charge. Then they wouldn't have to worry about threats to human rights. Saddam made sure of that when he was in power before, and he'd probably gladly demonstrate to Freedom House volunteers.


7 posted on 10/18/2005 9:01:00 PM PDT by TomGuy
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To: churchillbuff

Freedom House is a non-profit, nonpartisan organization that relies upon tax-deductible grants and donations under Section 501(c)(3) of the IRS code. Major support has been provided by:



The Lynde and Harry Bradley Foundation The Byrne Foundation
The Carthage Foundation The Eurasia Foundation
The Ford Foundation The Freedom Forum
Grace Foundation, Inc. Lilly Endowment, Inc.
The LWH Family Foundation National Endowment for Democracy
The Pew Charitable Trusts Sarah Scaife Foundation
The Schloss Family Foundation Smith Richardson Foundation, Inc.
The Soros Foundations The Tinker Foundation
Unilever United States Foundation, Inc. US Agency for International Development
US Information Agency Charles Stewart Mott Foundation
Whirlpool U.S. Steel

http://www.freedomhouse.org/aboutfh/index.htm


8 posted on 10/18/2005 9:01:30 PM PDT by Fred Nerks (Understand islam understand evil - read THE LIFE OF MUHAMMAD free pdf see link My Page)
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To: Mo1

I don't believe in ignoring the truth. Christian leaders in Iraq have warned that the new constitution could lead to persecution of christians if its provisions on Islam are enforced rigidly. Maybe you don't want to listen to the voices of Iraq's Christians, but I'm not going to shut my ears.


9 posted on 10/18/2005 9:01:33 PM PDT by churchillbuff
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To: All

Take the time to check out the home page, mission statement and the list of backers to learn this is an arm of George Soros and the left.


10 posted on 10/18/2005 9:01:43 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat; churchillbuff
Are you telling me churchillbuff would post something from the Soro's camp??

SHOCKER ...

11 posted on 10/18/2005 9:04:14 PM PDT by Mo1
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To: SandRat
Freedom House is not a leftist organization. Steve Forbes and Jeane Kirkpatrick and PJ O'Rourke are on the board:

Peter Ackerman, Chairman Ned W. Bandler, Vice Chairman Mark Palmer, Vice Chairman Walter J. Schloss, Treasurer Kenneth L. Adelman, Secretary Bette Bao Lord, Chairman Emeritus Max M. Kampelman, Chairman Emeritus Jacqueline Adams J. Brian Atwood Alan P. Dye Stuart Eizenstat Sandra Feldman Thomas S. Foley Malcolm S. Forbes, Jr. Theodore J. Forstmann Henry Louis Gates, Jr. Sidney Harman Norman Hill Samuel P. Huntington John T. Joyce Katherine Dickey Karol Jeane J. Kirkpatrick Mara Liasson Jay Mazur John Norton Moore Azar Nafisi David Nastro Andrew Nathan Diana Villiers Negroponte P.J. O'Rourke Susan Kaufman Purcell Nina Rosenwald David M. Rubenstein Arthur Waldron Ruth Wedgwood Wendell Willkie

12 posted on 10/18/2005 9:05:42 PM PDT by churchillbuff
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To: SandRat

Great! Let's get the facts out there and save a lot of quibble. I equate negativity with terrorism. Sick of it!


13 posted on 10/18/2005 9:05:58 PM PDT by Fred Nerks (Understand islam understand evil - read THE LIFE OF MUHAMMAD free pdf see link My Page)
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To: churchillbuff

Oh how horrible, they have a constituion now that may allow for violation of human rights when they had such a great deal with Saddam Hussein where no human rights were ever violated. Why oh why did we have to go in there and throw saddam out...he was such a great guy....(sarcasm)

Its unbelievable how some people will only see the negative amidst a forest of positives....I give up with the paleocons...they are just children in constant tantrum...that is all I ever see from them any more.


14 posted on 10/18/2005 9:06:14 PM PDT by fizziwig
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To: churchillbuff
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.

What an idiot! While the constitution says that Shira experts were to be consulted (because the constitution says that no law shall be passed that conflicts with universally accepted Islamic law (Shira) OR human rights. Sunni Shira and Shiia Shira are different as are the various other smaller sects. The only thing that will be considered is the ones that are UNIVERSALLY accepted. They must also not conflict with accepted human rights.

15 posted on 10/18/2005 9:06:22 PM PDT by McGavin999 (We're a First World Country with a Third World Press (Except for Hume & Garrett ))
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To: Fred Nerks

Good grief. The Ford Foundation, The Pew Charitable Trusts, Sarah Scaife Foundation, the Soros Foundations... These are strident and persistent critics of the Iraqi intervention who are now finding fault with a constitution they did their very best to prevent ever coming into existence. This kind of aching hypocrisy deserves some sort of award.


16 posted on 10/18/2005 9:07:46 PM PDT by Billthedrill
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To: Mo1
IF you think Freedom 'House is leftist or Soros-related, you're just exposing your ignorance. Look at the board members - Steve Forbes, Jeane Kirkpatrick, PJ O'Roarke. REagan used to praise it as a voice for liberty.

All they're doing is pointing out the Islamic element in the new Iraq constitution. Do you think fundamentalist ISlam is a good thing? Would you like it in our constitution? Do you think it's compatible with freedom? If so, I assume you don't criticize Islam in IRan.

17 posted on 10/18/2005 9:08:15 PM PDT by churchillbuff
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To: churchillbuff

You are a defender of Iraqi Christians? Great! Please tell me what orgs. you support? I am interested in doing so, with you.


18 posted on 10/18/2005 9:09:00 PM PDT by Treader (Hillary's dark smile is reminiscent of Stalin's inhuman grin...)
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To: churchillbuff

What a prime example of total ignorance


19 posted on 10/18/2005 9:09:08 PM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: Billthedrill
Scaife Foundation""

One of the most right-wing foundations, bub. And the board members include Jeane Kirkpatrick and other Reaganites. So, I take it you like having fundamentalist Islam in the Iraq constitution?

20 posted on 10/18/2005 9:09:38 PM PDT by churchillbuff
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