Talk'n 'Bout The Constitution

UPDATE: below
SECOND UPDATE: a follow-on post here

The Washington Post editorial voice calls Iraq's draft Constitution "worrisome." The New York Times says it's "unsettling" and blames the Bush Administration for abdicating its "responsibility to promote inclusiveness, women's rights and the rule of law." The MSM's worried about civil rights, as the WaPo noted Tuesday:

The draft constitution submitted Monday stipulates that Iraq is an Islamic state and that no law can contradict the principles of Islam, negotiators confirmed.

Opponents have charged that the latter provision would subject Iraqis to rule by religious edicts of individual clerics or sects.

The opponents also said women would lose gains they made during Hussein's rule, when they were guaranteed equal rights under civil law in matters including marriage, divorce and inheritance. The draft constitution says individuals can choose to have family matters decided by either religious or civil law.

Yet the process seemed laudable and the outcome reasonable only yesterday. So who's right?

The anonymous blogger behind Alenda Lux has the best take:

Alright, let's see what the Constitution draft has to say about the role of Islam.

The religion of the state...is the sacred religion of Islam.

Followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law.

Article Three Ch. 1, Art. 3

...no law can be contrary to the beliefs and provisions of the sacred religion of Islam.

Oh dear, that is worrisome. Oh wait! That's Afghanistan's Constitution. My mistake. Could someone let me know where to find the Post or Times article predicting the descent of the Dark Ages on Afghanistan because of the provisions in their Constitution?

The draft Iraqi Constitution provides, in part:

CHAPTER ONE: Basic Principles

Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.

Article (2): First, Islam is the official religion of the state and is a basic source of legislation:

a) No law can be passed that contradicts the undisputed rules of Islam.

b) No law can be passed that contradicts the principles of democracy.

c) No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.

Second, this constitution guarantees the Islamic identity of the majority of the Iraqi people, and the full religious rights for all individuals, and the freedom of creed and religious practices.

Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation. . .

CHAPTER TWO: Rights and Freedoms

Part One: Rights

Article (14): Iraqis are equal before the law without discrimination because of gender, ethnicity, nationality, origin, color, religion, sect, belief, opinion or social or economic status.

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): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.

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 homes is protected. They cannot be entered or searched or violated except by judicial decision and in accordance with the law.

That looks pretty good--indeed, Iraqis soon will enjoy an actual privacy right, as opposed to the "non-textual" concoction here in "living Constitution" land.

But is the MSM consistent? Here's what the NY Times said 18 months ago:

Afghanistan's new Constitution offers hope that the beleaguered nation can finally evolve into a modern, democratic state. Forged from weeks of bitter debate at the constitutional loya jirga, or grand council, the document sets the stage for the first real elections in more than two decades, possibly by summer. And it balances the goal of an Islamic state with the promise to abide by the United Nations Charter and the Universal Declaration of Human Rights. America's ambassador to Afghanistan, Zalmay Khalilzad, was right to call it "one of the most enlightened constitutions in the Islamic world."

Here's what they say now:

The draft constitution given to Iraq's national assembly last night does little to advance the prospects for a unified and peaceful Iraq. . .

The assembly's leadership sensibly decided to give itself a few more days to try to modify some of the badly flawed draft's more contentious provisions on federalism. Unfortunately that appeared to leave little room for the substantial changes needed in other divisive provisions, like the enshrinement of Islamic law and the threats to women's family and property rights.¹

Why the flip-flop? As the WSJ's James Taranto observes, the MSM considers Afghanistan a "good war," at least now that it's over. But Bush bashing's always in season.

Too bad Times and WaPo subscribers don't read bloggers such as Alenda Lux.

More:

Dean Esmay:

What we should be celebrating here is that the Iraqis have put together a breathtakingly freedom-embracing Constitution, the most liberal in the entire region's history. Whether it's ratified or not, it's a huge step forward for the region and for humanity as a whole.

Still More:

An analysis of the final draft here.
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¹ Similarly, various "straight news" stories in today's WaPo claim the Constitutional confusion has Baghdad "close to meltdown," flooded with "angry" Sunnis who "expressed outrage." And the reliably far-left Guardian (UK) insists the draft is "awkward" because "neither the basic rights of women or human rights in general are clearly protected."

(via Best of the Web)