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My perceptions on the Iraqi constitutional process.

Publication: Stanford Law Review

Publication Date: 01-MAR-07

Author: Hamoudi, Humam
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COPYRIGHT 2007 Stanford Law School

We Iraqis are a people plagued by massacres, random killing, bombs, and fiery statements--all targeting the democratic and constitutional processes. According to my appraisal, the reason behind this is that we are swimming against the current of a backward region, which still lives in the era of early centuries where people are governed not by democracy and constitutions but by single families, parties, or individuals. We experience the crisis of our political reality in the nonexistence of democratic constitutions and elected regimes.

It was a difficult and historic birth for this new Iraq Constitution. This infant has bravely faced violent, wicked threats to its existence. With its bright, lovely face, it has challenged death, overlooking the dark smoke, bombed cars, and dark-red blood encircling us everywhere. To make matters worse, the proposed burial of this innocent constitution (the birth of dawn) has been carrying a lovely title and beautiful cover: to face and resist the occupation. By committing this crime, the wicked desire of the people of the region collaborate to murder the newborn constitution. But success will disclose the corruption and awkwardness of their regimes.

The powers of the region have used their oil revenues to tempt some pens and brains, who, instead of supporting this huge step and the new infant, attempt to deform it. These paid pens and brains call for giving up democracy; they favor authoritarian regimes and an untenable course. They pretend that the region would not accept the democracy, whilst the truth is that the rulers are the ones who are resistant to modern state democracy. Freedom, justice, equality, and participation in government are natural rights evolving with man; they are not to be granted or denied by an individual ruler.

This is what I understand concerning the birth of the constitution in Iraq and the challenges ahead.

THE CHARGE OF NONPARTICIPATION OF THE SUNNIS

Some mention that the problem with the Iraq Constitution lies in the nonparticipation of the Iraqi Sunnis. Let...

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