Iraqi Constitution Gets Bronx Cheer

The leaked drafts of the Iraqi Constitution are getting mixed reviews. They run from lukewarm support to skepticism to genuine disapproval. There was great hope after the Purple Revolution and January 30th that perhaps Iraq wasn't going to go the way of Iran, that it would become more of a Western-style democracy. The Constitution doesn't inspire confidence in this regard. For native Iraqi criticism and great translated excerpts from the Arabic document, go to Mr. Omar at Iraq The Model, who is very unhappy.

Here are the troubling points, as Omar sees it and of course many others as well:

1) Islamism. The document refers to the Islamic Republic of Iraq. Ouch. Also, it says Islam is the official state religion and that all laws passed in Iraq must flow from Islam and not contradict Islam's teaching. Basically, Iraq=Iran, or something near that. While there's no Guardian Council, there's is no separation between mosque and state. What's that, Christian Right? I thought this was the exact kind of thing you wanted!

2) Family Values. The constitution states that the family shall be based on patriot, religious, and ethical values. Also, it defines that there is Equality between men and women based on Islamic teachings (say what?). Basically, this is a tough one because while it says women are equal before the law, this is based on rather thin religious notions and prevailing norms. It asserts it, but leaving it open to the prevailing social mores to interpret and enforce. Given the Middle East's record with feminism of even the most minimal persuasion and certain comments by now-powerful Iraqi politicians (al-Sadr), this ain't so good.

However, there's good bits in there about establishing rule of law, and how no one can be arrested without judicial warrants, and how the military cannot use oppressive force against ordinary citizens, and how violence, racism, and terrorism are banned as a basis for a political party. So: a mixed bag. Despite the fact that Omar's incline is to vote "no", he states that even if this draft were to pass it would clearly be better than anything under Saddam's lawless time.