FOR IMMEDIATE RELEASE
July 26, 2005
Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27
WASHINGTON - The U.S. Commission on International Religious Freedom (USCIRF) wrote to U.S. Ambassador to Iraq Zalmay Khalilzad expressing its strong concern over language in Iraq's draft permanent constitution that is a significant rollback from language in Iraq's interim constitution, the Transitional Administrative Law (TAL), as well as from international human rights law to which Iraq is a party. The new language:
"If these drafts become law, Iraq's new democracy risks being crippled from the outset," said USCIRF Chair Michael Cromartie. "Fundamental rights of the individual to debate and dissent from state imposed religious orthodoxies would be curtailed, and the threat of discrimination would hang over all Iraqis, including members of religious minorities, non-religious individuals, and women."
"The United States should ensure that universal human rights standards are a basis for urgent dialogue and diplomatic engagement with Iraqis," added Cromartie. "The principle that Islam can coexist with guarantees protecting freedom of thought, conscience and religion must form the centerpiece of U.S. engagement on Iraq's permanent constitution."
Specifically, the Commission recommended that the U.S. government, at all levels:
The text of the letter to Ambassador Khalilzad follows. An analysis of the Iraqi draft constitution can be found on the USCIRF web site
Dear Ambassador Khalilzad:
Several draft versions of the new Iraqi bill of rights have emerged from the constitutional drafting committee, and some of these drafts are now circulating publicly. Based on our enclosed legal analysis, the Commission is writing to express its strong concern that the direction of these drafts represents a significant rollback from the rights and freedoms contained in the Transitional Administrative Law (TAL), as well as from international human rights standards. If these drafts become law, Iraq's new democracy risks being crippled from the outset. Fundamental rights of the individual to debate and dissent from state imposed religious orthodoxies would be curtailed, and the threat of discrimination would hang over all Iraqis, including members of religious minorities, non-religious individuals, and women.
Mr. Ambassador, the U.S. government and the international community must challenge these curbs on human rights and democratic freedoms for individual Iraqis.
Our analysis demonstrates that the current language is a significant departure from the human rights guarantees extended under the TAL. Moreover, several of the draft provisions fall short of minimum protections afforded under the International Covenant on Civil and Political Rights (ICCPR), to which Iraq is a State Party. Specifically,
The understanding that Islam can coexist with universal human rights must form the centerpiece of active U.S. engagement on Iraq's permanent constitution. Constitutional protection of equality and the right to freedom of thought, conscience, and religion or belief is not "un-Islamic." According to a recent study by this Commission surveying the constitutions of the world's 44 predominantly Muslim countries, more than half of the world's Muslim population lives in countries that are neither Islamic republics nor countries that have declared Islam to be the state religion. Moreover, several countries in which Islam is the declared state religion provide constitutional guarantees of the right to freedom of religion or belief, equality and non discrimination, and related rights that compare favorably with international legal standards.
In light of these findings, the Commission urges you to ensure that universal human rights standards be a basis for urgent dialogue and diplomatic engagement with Iraqis. Specifically, we recommend that the U.S. government, at all levels:
Respect for the unfolding democratic process in Iraq also requires guarantees for the fundamental rights and freedoms of every Iraqi. Given that the U.S. has fought a war of liberation for Iraq, and continues to fight an ongoing insurgency, it is not enough to speak out in terms of constitutional process. A successful constitutional outcome in Iraq-as Secretary Rice recently said in Baghdad, "a strong and vibrant and vital democracy [in] the heart of the Middle East"-can only be measured in terms of substance. And on substance, the U.S. cannot, and should not, stand silent.
Sincerely,
Michael Cromartie
Chair
The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.
Michael Cromartie, Chair
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