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August 13, 2005

Decisions on New Iraqi Constitution will Influence World Events for Decades

An open letter from Freedom House to Condi discusses the importance of achieving a constitution for the new Iraq that will promote Democracy:

Dear Secretary Rice:

As the deadline for the public presentation of Iraq’s new constitution nears, Freedom House is very concerned that the emerging constitution will seriously undermine the prospects for democracy and the safeguarding of human rights in the new Iraq.  After all the American blood and treasure that has been expended to bring freedom to Iraq, it would be worse than a shame if the new constitution were to enshrine the triumphalist vision of a minority within a particular sect, rather than reflect a national consensus on a democratic framework; it will have been a waste.

According to diverse accounts, the drafting committee’s current text abandons the salutary provisions on human rights and civil liberties contained in the Transitional Administrative Law (TAL). The key provision that overrides all others is dangerous enabling language to the effect that “Islam” would be the fundamental source of law in Iraq – rather than a source of law. This seemingly innocuous language threatens to subordinate rights otherwise guaranteed by international treaties, on gender equality and religious freedom in particular, to highly contestable, provisions in Sharia. Indeed, it would subordinate the entire constitution to an extra-constitutional and undefined “Islam” that is itself subject to various interpretations.

Of all the things happening in the world this week, the decisions regarding the new Iraqi constitution are surely among those which will have the most effect on the world in coming decades.

It appears likely that Condi and the GWB administration are not inactive with regard to this decision, but are being careful to avoid an appearance that they seek to force an outcome at gunpoint, given the presence in Iraq of our armies.