Professor Munther Al Fadhal, PhD of law
Member of Council of International Institute for Middle East and Balkan Studies (IFIMES), Slovenia
INTRODUCTION
Since the First World War seized fire, the International family was interesting largely with the basic human rights. The case of respect for human rights was increasing rapidly with the appearance of wars & struggle among human beings. Then man appears as one of the international law protective to avoid the violence of his basic rights without taking in consideration his nationality or beliefs or color or gender or religion.
When the second world war started in 1939–1945, this war caused sever & distractive catastrophe against human raise & violate the human right dangerously when the war victims become millions of women, children, elderly, men military & civilians. Also used various kinds of distinctive weapons (like nutric, chemical, biological bombs & also poisoning gases to destroy human being). It become common to use torture, using execution punishment, immigration & banishment for the civilians & other dangerous crimes which pushed the international society to establish international court to present the international criminals to judgment in Normbrug in Germany. So that all criminals have their rightful punishment & also to prevent the spread of personal revenge principle.
After that the UN charter issued followed by the Universal declaration for human rights in 1948 then checks & Bills & lists followed one another. All these Bills dictate to respect human rights & to quit using strength in struggle in order to build up peace & to enforce security & the respect of law in solving problems.
The issue of national sovereignty because one of the non absolute issues & these issues respect the activity of International Law then this Law ruling the national law & the international law governing the national law to protect human rights from violation especially from the dectetoring regimes. Still the issue of human rights is the most important issue in the present time & which causing many struggles because of the inclusive regimes policies in some countries & the absence of democracy & the rule of law, all these matters obliged the International society to interfere to protect these rights to avoid more struggle & to protect the international security & peace.
The general security of the UN. Mr. Koffy Anan indicated in 16th of March 1998 about the violation of human rights & warned about the factors which threat the security & peace in the world. From this point, the security council issued his decision No. 688 concerning the protection of the Iraqi people in April, 1991 after the uprising of the Iraqi people & the escaping of 2 million Kurds to the mountains because they were afraid of Saddam’s regime using chemical & biological weapons against them & also the fleeing of hundred thousand of Arabs in Southern of Iraq to Iran running away from the severe regime.
Concerning Iraq, the violation of human rights raised from 1968 & increased in a savage & ugly way after the ruling of Saddam in 1997 up to the date of the falling of the tyrant in 9th of April 2003. There are violations for human rights after falling of Saddam regime. It is common that wars provides the absence of human rights.
Saddam regime created three wars on Iraq & the regime & the whole world, these wars are (the war against sheets, Kurds, the war against Iran, the aggression against Kuwait), these wars wasted fortune & destroys life & violated human rights incredibly in the present time even the previous assessor of human rights Mr. Maxs Van Chetyal described (Saddam regime as the worst regime known by humanity after the second world war in his violation of human rights). Then the world entered a new twist after the terrorist attacks on the civil targets in USA in 11th of September 2001 because of the fanaticism policy & the terrorism which is not accepted in the civilized world due to the cancellation & not admitting of others policy & also the absence of democracy & multiplicity, breaking of constitution, the absence of law, the absence of national indulgence between various religions, all these points makes tension running high which causes wars & instability which needs to comfort & establish a civil society depending on ruling of constitutive institutions & the values of indulgence to achieve prosperity & progress for human being & society & these societies put national Bills coordinate with the international Bills in respecting human rights & establishing democracy.
So what is the bill of Iraqi rights in democratic, multiplicity & federal Iraq? To answer this question, we can divide the basic rights into two kinds:
THE FIRST PART
The Bill of Political & Civil Rights for Iraqi Citizen
The right of living & death for human being. It is forbidden to kill any human being absolutely & prohibiting the execution punishment according to a text or without text with a trial or without trial. It is not allowed to maintain the execution punishment in the national legislations especially for the countries which accept the Universal deceleration of human rights which apposes the execution punishment for this punishment violate human right in living & human being have a fixed right in death when the clinic death exists or for the useless case patient according to a medical report from a specialized committee & the acceptance of relatives from the first or second stage in the case of clinical death.
Prohibiting the trading of slaves & all the similar things against woman, children & men.
Prohibiting of all kinds of forced or unpaid labour or compulsive work for it is contradict with Iraqi human rights in choosing job & his freedom in choice & the volunteering work.
The right of protection from torture & all kinds of severe treatment or non human or insulting treatment which deteriorating human value because any human being have the right of physical safety. It is prohibited to violate his physical safety & dignity absolutely. The protection right from sexual molest & honor crimes concerning woman.
The Iraqi citizen right in protection against arresting or illegal capture.
The Iraqi citizen right in traveling & departing from any country including his own country & coming back whenever he desires & also the right of choosing the place of living & residence.
The right of possession for any citizen. The confiscation of properties without decision from a court is not allowed.
The freedom of thinking & believing or not believing in any religion or an exact attitude. The freedom of changing attitude or belief for any person. The right for any religion group to do their own sermons according to law.
The freedom of expressing opinions & thoughts according to constitution & law.
The unions freedom & the right of associating oneself with any union freely & voluntarily.
The right for any citizen to participate in government & to express his political opinion peacefully.
The right of freedom & secrecy of correspondences, post, & e-mails.
The right to refuse the military service.
It is not allowed to put any one in gail because of unpaid loan.
SECOND PART
The Bill of Economic, social & cultural right for the Iraqi citizen
The right of work for the Iraqi citizen without any distinction because of gender or nationality or root etc... The citizen have the freedom to choose work according to fair & satisfactory conditions. The citizen have the right of protection from unemployment, sickness, accidents & weakness & have the right in fair salary without any distinction between man & woman.
The right of education for Iraqi citizen. It is not allowed to distinguish in education. Education should be free for all stages with the necessity to get rid of illiteracy. It is not allowed to prevent any citizen from education even if he is a foreigner or resident in Iraq.
The right of free health care & provide at least the minimum. Average of living for any human being including clothes, food & drink, place to live physical psychological mental health care. The full right for handicapped mentally, psychologically & physically in free care from the government.
The right for satisfactory food for any person with his family & providing them with places to live in & protect them from homelessness.
The right of providing the citizen with enough services especially the weak categories from society.
The right of culture for Iraqi citizen & get knowledge from knowledge sources & protect cultured & creative people & improve their abilities & emphasize on the right for Iraqi citizen in having books & get knowledge from internet sources & all other means of communication with entire world.
The right of living in a clean environment. We should create a pure & clean environment & get rid of wars rubbish like Uranium & also the rubbish of industry & pollution.
The right in development because this right can not be separated or moved. Right for any human being should be flourished & progressed freely.
The right of improving social life & raise the standard of living in an atmosphere of freedom & welfare & this can not be achieved without civil society & the value of law.
The right for Iraqis & non Iraqis to gain the compensation out of physical, financial & considerable damage.
The right of deciding the destiny of Kurd people & recognize the legal rights for all nationalities like (Turkmen, Ashore).
The right of strike & expressing all opinions peacefully.
THIRD PART
General Common Rights
The complete equality in rights & duties for man & woman in Civil, political, cultural & social rights. It is not allowed to distinguish because of gender.
The right for woman to choose her husband & it is not allowed to force woman to get married.
The full right for childhood according to child rights bases & according to the international law.
The impossibility of multi wives or husbands.
The impossibility or using physical or psychological violence against any human being.
The right of judging is guarantied for any one. Any person has a firm right in a fair judgment in front of a civil court. It is not allowed to establish military or exceptional or special courts.
Any human being is innocent until he proves the opposite according to a public judgment & in front of independent judge. It is not allowed to accuse for a crime happened in the past & punish a man for a past permitted acting. All people are equal in front of court. It is not allowed to force any one to testify against himself.
Any one have the right to sign a lawyer in all stages of investigation & judgment & having a fair judgment.
Punishment is personal & not for revenge but for the purpose of reform human being & if punishment executed, the prisoner should have the full rights as a human being.
Any Iraqi should have the right in having nationality & it is not allowed to leave any one without nationality or drop nationality. It is permitted to have two nationalities.
All Iraqis have the right to establish a family which is the first cell in society & it is depending upon freedom in choosing. The government supports the family.
The freedom to join any union or party & the freedom of peaceful gathering.
The right for anyone to get rest from work & have holidays.
The duties of all Iraqis are fixed in constitution & law.
It is not allowed absolutely the propaganda for war or violence or hatred or fanatic attitudes or attitudes depending upon distinction between people.
The right for childhood in kinness & patronage in all its kinds, expense & nationality.
It is necessary to mention that all the national laws should coordinate with the international obligations & with the Universal declaration for human right so it is not allowed that any constitution or law or text should not contradict with any international agreement concerning the protection of child rights or human rights. The laws should not contradict with constitution but there should be an internal & external coordination between these legislations & laws to built a civil society, man lives peacefully & securely under the rule of law with the judgment of lawful institutions & permanent constitution for Iraqi, federal state.
