LLP Member on Iraq's Anti-LLP Draft Constitution

Tucson, AZ

Life, Liberty, Property community member Mr. Completely says of the proposed Iraqi constitution, "Lookin' good so far.............". (It is not clear to me whether he's actually read some of it or if he's simply basing his judgement on the assessment of another blogger who he quotes.)

Let's take a look.

Article 4 guarantees a right to publicly funded education which involves violating property rights through taxation:
Article (4): 1st - Arabic and Kurdish are the two official languages for Iraq. Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkomen or Assyrian, in government educational institutions, or any other language in private educational institutions, according to educational regulations.

2nd - the scope of the phrase “official language” and the manner of implementing the rules of this article will be defined by a law that includes: (a) issuing the official gazette in both languages. (b) speaking, addressing and expressing in official domains, like the parliament, Cabinet, courts and official conferences, in either of the two languages. (c) recognition of official documents and correspondences in the two languages and the issuing of official documents in them both. (d) the opening of schools in the two languages in accordance with educational rules. (e) any other realms that require the principle of equality, such as currency bills, passports, stamps. 3rd - Federal agencies and institutions in the region of Kurdistan use both languages. 4th - The Turkomen and Assyrian languages will be official in the areas where they are located. 5th - Any region or province can take a local language as an additional official language if a majority of the population approves in a universal referendum.

Article 7 violates liberty in the form of denying the rights of association and free expression:
Article (7): 1st - Entities or trends that advocate, instigate, justify or propagate racism, terrorism, “takfir” (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
To be perfectly clear- since I am used to the sort of accusations that I am about to forestall- I OPPOSE RACISM, BUT IT CANNOT BE STAMPED OUT BY LAW. When one gives government the authority to shut down racist speech, one likewise gives government the authority to shut down anti-racist and all other forms of governmentally-disapproved speech. What the government disapproves of at any given time is a matter of which way the political wind is blowing.

Article 9 violates liberty in the form of denying the right of association:
(b) Forming military militias outside the framework of the armed forces is banned.
and it ominously opens the door for a military draft:
2nd - Military service shall be regulated by a law.

Article 15 acknowledges that life and liberty may be violated so long as a law is passed authorizing such:
Article (15): Every individual has the right to life and security and freedom and cannot be deprived of these rights or have them restricted except in accordance to the law and based on a ruling by the appropriate judicial body.

Article 16 violates liberty in the form of denying freedom of association:
Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Sounds like a mandate for affirmative action and quotas, doesn't it?

Article 17 further reiterates that property rights and liberty may be violated on whims religious or political:
Article (17): 1st - Each person has the right to personal privacy as long as it does not violate the rights of others or general morality. 2nd - The sanctity of the home is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.

Article 19 delineates further that liberty or property rights may be violated retroactively:
9th - Laws do not apply retroactively unless otherwise has been legislated, and this exception does not include laws of taxes and duties.

"Work" and a "good life" are guaranteed (at someone else's expense in violation of property rights, no doubt) by Article 22:
Article (22): 1st - Work is a right for all Iraqis in a way that guarantees them a good life.
Because as we all know, it is a simple matter of legislation to create jobs and raise standards of living. I wonder why Africa hasn't figured that out yet?

Article 22 further violates property rights and liberty via governmental economic regulation:
2nd - The law regulates the relation between employees and employers on an economic basis, while keeping in consideration rules of social justice.

Article 23 formalizes loopholes in how the government will "protect" property rights:
Article (23): 1st - Private property is protected and the owner has the right to use it, exploit it and benefit from it within the boundaries of the law. 2nd - Property may not be taken away except for the public interest in exchange for fair compensation. This shall be regulated by law. 3rd - (a) An Iraqi has the right to ownership anywhere in Iraq and no one else has the right to own real estate except what is exempted by law. (b) Ownership with the purpose of demographic changes is forbidden.

The door is opened for the entire economy to be socialized in Article 25:
Article (25): The state shall guarantee the reforming of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector.
Private sector not ensuring complete investment of or diversification of resources as the government sees fit? Not a problem- the state may "reform" the economy.

More property rights violations are authorized in Article 28:
Article (28): 1st - Taxes and fees shall not be imposed, amended, collected or eliminated except by law.

Here's Article 29:
Article (29): 1st - (a) The family is the foundation of society and the state should preserve its (the family's) existence and ethical and religious value. (b) The state shall guarantee the protection of motherhood, childhood and old age and shall take care of juveniles and youths and provide them with agreeable conditions to develop their capabilities. 2nd - Children have the right to upbringing, education and care from their parents; parents have the right to respect and care from their children, especially in times of want, disability or old age. 3rd - Economic exploitation of children in any form is banned and the state shall take measures to guarantee their protection.

So let's see. The government is charged here with
-violating liberty by imposing religious values on the citizenry,
-violating property rights by socializing the protection and care of mothers, children, and the elderly,
-violating liberty by legally mandating that children respect their parents
-violating property rights by demanding that children provide for their parents whom they had no say in selecting, and
-violating liberty by essentially banning economic activity on the part of children.

Articles 30 through 34 further mandates the violation of property rights for the purpose of more government "free"bies:
Article (30): 1st - The state guarantees social and health insurance, the basics for a free and honourable life for the individual and the family - especially children and women - and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.

Article (31): 1st - Every Iraqi has the right to health service, and the state is in charge of public health and guarantees the means of protection and treatment by building different kinds of hospitals and health institutions. 2nd - Individuals and associations have the right to build hospitals, dispensaries or private clinics under the supervision of the state. This shall be regulated by law.

Article (32): The state cares for the disabled and those with special needs and guarantees their rehabilitation to integrate them in society. This shall be regulated by law.

Article (33): 1st - Every individual has the right to live in a correct environmental atmosphere. 2nd - The state guarantees protection and preservation of the environment and biological diversity.

Article (34): 1st - Education is a main factor for the progress of society and it is a right guaranteed by the state. It is mandatory in the primary school and the state guarantees fighting illiteracy. 2nd - Free education is a right for Iraqis in all its stages. 3rd - The state encourages scientific research for peaceful purposes in a way that benefits humanity and it promotes excelling, creativity and the different manifestations of excellence. 4th - Private and national education is guaranteed and regulated by law.

Rights to respect and care? To publicly provided education? To socialized healthcare? To a job that provides a good life? To a correct environmental atmosphere??? This is the exact same stuff that is traditionally pushed by the much of the Left (though increasingly a cause taken up by members of the neocon Right) here in the United States. Those who drafted this document need to be referred to the Bill of No Rights.

There is really no need to continue. It is blatantly obvious at this point that the proposed Iraqi constitution boils down to a simple concept:

The subjects have "rights" which will only be violated when the government feels like it and only for those purposes for which the government sees fit.

It is a vile and shameful document that shits on the rights to life, liberty, and property.