Press Action ::: The Iraqi Bill of Rights

Friday, October 14, 2005

The Iraqi Bill of Rights

By Micah Holmquist

The draft Iraqi constitution has prompted much discussion in the United States, particularly with regard to what it says about the role of religion in government and women’s rights. However, the document has been edited many times and as a result some portions of the current document have received little attention.

One neglected section, the Iraqi Bill of Rights, reads as follows:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances unless deemed necessary by the governments of the United States or Iraq.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall be infringed as needed for the sake of the interests of the United States or maybe even Iraq.

Amendment III

Soldiers have the full and complete right in time of peace or war to be housed in any house; without the consent of the owner, in a manner prescribed by the government of Iraq and those in charge of it.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall be violated when necessary although no warrants shall issue, but upon government desire, and ideally describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless deemed necessary; nor shall be compelled in any criminal case to be a witness against himself unless a black hood is placed on their head, nor be deprived of life, liberty, or property, without due process of law unless deemed necessary; nor shall private property be taken for private use, without just compensation, unless the United States or Iraq want to take it without compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by judges who may be specially trained to oversee their conviction; fair trials are by no means a right; the government of Iraq has no right to arrest try anyone without the permission of the United States and no right to try anyone associated with the occupation of Iraq.

Amendment VII

In suits at common law, the defendants can never by representatives of the United States government or other representatives of the governments helping to occupy Iraq without explicit written permission of the President of the United
States.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed unless deemed necessary; cruel and unusual punishments are a part of life for people in the custody of the United States and Iraq.

Amendment IX

The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage the government of the United States from doing anything or the government of Iraq doing anything to help the United States

Amendment X

The powers not delegated to Iraq by the Constitution, nor prohibited to it to the provinces, are reserved to the United States; the United States furthermore reserves the right to edit, rewrite or violate any provision of the Constitution.

Editors note: Due to the frequency with which the draft Iraqi constitution has been edited, there is no guarantee the Iraqi Bill of Rights will appear in the final Iraqi draft constitution in this form, or at all.

Micah Holmquist, editor of Irregular Thoughts and Links, is a Cadillac, Mich.-based writer.

More from Micah Holmquist