hawarameen
10th March 2004, 16:01
New Iraqi constitution partly inspired by Canadian federalism, legal adviser says
BAGHDAD (AP) Mar 9, 2004- - Iraq's new interim constitution is a set of laws that borrows from Canadian federalism, among other sources of inspiration.
The U.S.-picked Iraqi Governing Council signed the constitution Monday in a key step toward the handover of sovereignty from the U.S. occupation authority to Iraqis.
The document ensures Iraq a large measure of federalism, a concession to the Kurds who demanded control of most affairs in their three northern governorates. These guarantees go farther than Canada's principles of autonomy and language rights for francophones in Quebec.
"It's Quebec plus," said Noah Feldman, a legal adviser to the framers of the law, who is an expert in Middle East law at New York University.
"It reflects the fact that the Kurds have been running their own show and have no desire to change that."
Kurds are allowed to veto a permanent constitution with a two-thirds vote - a right that caused Shiite Muslim representatives to walk out and cancellation of a signing ceremony scheduled last Friday. Kurds can also prevent certain laws meant for all of Iraq from being enforced in their zone.
This could happen if, for example, a future legislature decided to ban alcohol. A regional assembly in Kurdistan could overturn the ban in its own area.
Kurdish and Arabic are enshrined as Iraq's dual official languages. But the charter allows for education in all of Iraq's other minority tongues, a component that resembles national laws in language-rich India and South Africa, Feldman said.
"This is a capsule summation of where western civilization has gotten and it reflects the best aspirations for humanity under the law."
Legal advisers from the U.S.-led coalition helped draft the charter, and it shows.
The 62-article law, which was written in secret and released after the signing ceremony, bears little resemblance to Iraqi law under captive president Saddam Hussein, or those of neighbouring countries in the Middle East, legal experts said.
The charter has a U.S.-style bill of rights with freedoms of expression, assembly and elections. It presumes innocence until guilt is proven.
It also duplicates U.S. Miranda rights of the accused, permitting criminal suspects to remain silent and have a lawyer present during questioning.
The law is silent on a few critical matters such as borders of the autonomous Kurdish region and the code for electing a future parliament. But those matters can be settled in the future when the country tackles the permanent constitution.
Copyright © 2002, Kurdistan Observer | Designed by Zine Sano
BAGHDAD (AP) Mar 9, 2004- - Iraq's new interim constitution is a set of laws that borrows from Canadian federalism, among other sources of inspiration.
The U.S.-picked Iraqi Governing Council signed the constitution Monday in a key step toward the handover of sovereignty from the U.S. occupation authority to Iraqis.
The document ensures Iraq a large measure of federalism, a concession to the Kurds who demanded control of most affairs in their three northern governorates. These guarantees go farther than Canada's principles of autonomy and language rights for francophones in Quebec.
"It's Quebec plus," said Noah Feldman, a legal adviser to the framers of the law, who is an expert in Middle East law at New York University.
"It reflects the fact that the Kurds have been running their own show and have no desire to change that."
Kurds are allowed to veto a permanent constitution with a two-thirds vote - a right that caused Shiite Muslim representatives to walk out and cancellation of a signing ceremony scheduled last Friday. Kurds can also prevent certain laws meant for all of Iraq from being enforced in their zone.
This could happen if, for example, a future legislature decided to ban alcohol. A regional assembly in Kurdistan could overturn the ban in its own area.
Kurdish and Arabic are enshrined as Iraq's dual official languages. But the charter allows for education in all of Iraq's other minority tongues, a component that resembles national laws in language-rich India and South Africa, Feldman said.
"This is a capsule summation of where western civilization has gotten and it reflects the best aspirations for humanity under the law."
Legal advisers from the U.S.-led coalition helped draft the charter, and it shows.
The 62-article law, which was written in secret and released after the signing ceremony, bears little resemblance to Iraqi law under captive president Saddam Hussein, or those of neighbouring countries in the Middle East, legal experts said.
The charter has a U.S.-style bill of rights with freedoms of expression, assembly and elections. It presumes innocence until guilt is proven.
It also duplicates U.S. Miranda rights of the accused, permitting criminal suspects to remain silent and have a lawyer present during questioning.
The law is silent on a few critical matters such as borders of the autonomous Kurdish region and the code for electing a future parliament. But those matters can be settled in the future when the country tackles the permanent constitution.
Copyright © 2002, Kurdistan Observer | Designed by Zine Sano