On October 15th, 2005 the Iraqi constitution was approved in a day that lots of people thought would be the starting point of democracy in Iraq. Personally, I did not participate in the voting, because I did not have a copy of the proposal before the voting day, and so did many Iraqis. Anyway, the constitution was approved, and democracy means that even the people who voted "No", will have to abide by the will of the majority. So, it is a valid Iraqi constitution no matter what anybody say.
Some people do not believe that. The Iraqi government, the US government, and few other fellows do not believe that this is the constitution that every living soul on the Iraqi land have to obey. So many constitutional violations have happened. Most of them were done by the Iraqi government, and some done by the US.
I was taking a quick look through the constitution yesterday, and it struck me. The constitution in Iraq applies only when it lines up with the interests of the Iraqi politicians and the US army. It does not apply all the time. I'll state few violations that I have cited in my quick reading, so it is not a complete list after all:
1. Article 7: Two:
The State shall undertake combating terrorism in all its forms, and shall work to protect its territories from being a base or pathway or field for terrorist activities.
Iraq currently is hosting Mujahidi Khalq, and the PKK. Both of these organizations are consisdered terrorist organizations. And the State DID NOT work to protect its territories from being a base, pathway, or field for terrorist activities.
2. Article 9: One: B:
It is prohibited to form armed militia outside the framework of the state armed forces.
In Iraq, there are Mehdi militias, Badr Brigades, and recently, the Awakening groups. All of these priorly mentioned, are armed militias that is not part of the Iraqi security forces. and what is ironic about that, is that instead of disarming these guys, the government have discussions with them and the politicians "wish that the Mehdi army would extend its truce". And the Americans pay the salaries of the other kind of militia, the Awakening groups. And if the awakening groups are not considered as militia, they might be considered as contractors with the Us army just like their earliest enemy, BlackWater. All of these groups are armed groups that are not part of the Iraqi security forces, and the act outside the control of the Iraqi government.
3. Article 17: Two:
The sanctity of the homes is inviolable and homes may not be entered, searched, or put in danger, except by a judicial decision, and in accordance with the law.
Article 19: Thirteen:
The preliminary investigative documents must be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused. It may be extended only once and for the same period.
House are violated, search, and people get arrested on daily basis without judicial decision. And thousands of people are held in custady of Iraqi and Us forces for months, and sometimes for years, without being trailed or prosecuted in courts.
4. Article 18: Four:
An Iraqi may have multiple nationalities. Everyone who assumes a senior, security sovereign position must abandon any other acquired nationality. This will be organized by law.
Many parliament members and ministers have two nationalities, and few of them who have been wanted for prosecution fleet the country with their non-iraqi passport, and the security forces in the airports could not stop them because there are paused as NOT iraqis.
5. Article 24:
The State guarantees freedom of movement of Iraqi manpower, goods and capitals between regions and provinces. This will be organized by law.
Article 42: One:
Each Iraqi enjoys the right of free movement, travel, and residence inside and outside Iraq.
An arab iraqi is not allowed to get into Kurdistan region unless he has a kurdish sponsor.
6. Article 41: Two:
The state guarantees freedom of worship and the protection of the places of worship.
We all remember how this have been violated starting from the attacks on Mehdi militia people inside the holly mosques of Kerbala during Allawi's leadership, the bombing of mosques in Falluja, the bombing of the holly mosques in Samarra, and what followed that until this day of the burning and bombing of mosques and churches all over Iraq.
7. Article 92:
No special or exceptional courts may be established.
The court the is looking into the crimes done by Saddam and his gang is called "The Special Court".
There are some other articles that have been violated but requires more time and effort to gather information about, and I am too tired to look into it.
One interesting thing that blew my mind is that the prime minister and the president has to have a college degree to be appointed, while the parliament member does not…!!!
Maybe one day we will have not only criminals in the parliament, but also illiterate people too. Thats a relief. Long live the exported democracy.