Analysis of Iraq Bill of Rights
Interesting analysis of Iraq's new Bill of Rights by Middle-East scholar
Patrick Clawson:
Patrick opens (note - the article was originally published March 4th, 2004)
bq. The Iraqi Transitional Administrative Law (TAL) -- to be officially published tomorrow, when the mourning period for the victims of the March 3 Ashura bombings ends -- includes an extensive bill of rights. Yet, several of the Arab countries whose constitutions offer similar rights have a decidedly unsatisfactory record on human rights. Indeed, the region's poor track record with regard to actually implementing constitutional guarantees may make the TAL appear less impressive to Arabs than it does to Americans. At least as important as what the TAL says is
whether the legislation will be respected in practice.
(emphasis mine)
He goes on:
bq. Constitutions are not necessarily accurate predictors of an Arab country's actual track record on human rights. Those regimes with reasonably good records in practice (e.g., Kuwait) sometimes have constitutions that contain the most qualifications and limitations to human rights, while those regimes with poor records (e.g., Syria, Algeria) sometimes have the most liberal constitutional provisions. The Yemeni constitution contains the most potent bill of rights, but it is by no means clear that Yemen has the best human rights record in practice.
bq. The Iraqi people remember all too well that the rights spelled out in their 1925 and 1990 constitutions were not enforced. Hence, it would be unrealistic to expect them to have much faith in the new interim constitution simply because of the wording of the text. Much more important than the phrasing will be the implementation. In particular, Iraqis must be shown that all parties will be bound by the provisions of the new constitution. That will not be easy to do during the current emergency period, with its continued insurgent and foreign terrorist activity. The U.S. military now faces the challenge of adopting and implementing procedures that are fully consistent with the TAL. If U.S. practice falls short of the TAL's principles, Iraqis may lose confidence that the political procedures spelled out in that document will determine the actual distribution of power.
Interesting analysis. The proof is in the pudding. We are planning to open a large embassy there (one figure put it at 4,000 people!) so we will be there watching but is this the right thing? Shouldn't we maintain a much smaller presence there and stress democracy, see that it is implemented, get the schools open, ensure clean water and working sewage and electricities, open the doors to free trade and stand back and watch the country flourish. The reason all the Islamofacists got their toe hold in the first place is the poverty and corruption. The people wanted a reason for this and they held up the carrot of "true faith" while swapping one stick for another. Get the economy and trade balance of these places evened out a bit and the people will not tolerate this form of government any more.
Posted by DaveH at March 15, 2004 4:44 PM