Leaks from the Iraqi constitutional drafting process

Iraq is supposed to have a constitutional draft ready by 15 August, a bit over a month from now. Subcommittees have been meeting to draft different parts of the document, which will be eventually pulled together into a larger whole.

But perhaps it says something very good about the process that those who are proud of their handiwork so far are leaking their drafts to the press (perhaps to leverage public opinion in their favor?) and the Iraqi press is starting to publish these leaks. Even though the English-language press isn’t covering the constitutional drafting process, the Iraqi press is.

Now Nathan Brown (author of the path-breaking Constitutions in a Non-Constitutional World: Arab Basic Laws and the Prospects for Accountable Government) has provided a translation of the biggest leak so far – the draft bill of rights for the Iraqi constitution. He has also provided a wonderful commentary on the text.

The highlights? Strongly stated protections for speech, religious liberty, equality under the law, science. Relatively robust protections for women, though more in their capacities as mothers than anything else. A strong prohibition on torture, including an absolute ban on using confessions acquired by torture in court. Many social rights. Very little mention of Shari’a. All in all, this is a very interesting document and shows that the Iraqis are not just copying other countries’ constitutions – but also that they are not just copying international human rights agreements either.