FOR IMMEDIATE RELEASE
August 9, 2005
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The Washington Post
August 9, 2005
Religious Freedom in Iraq
With Preeta D. Bansal and Robert Blitt
Will religious freedom be protected under the new Iraqi constitution?
Preeta Bansal , attorney and a commissioner of the U.S. Commission on
International Religious Freedom, and Robert Blitt , international law
specialist and senior policy adviser for Iraq at the U.S. Commission on
International Religious Freedom, think that the current draft of the Iraqi
constitution predominantly casts a shadow over religious freedom. They fear that
too much legal authority is being placed under Islamic law.
How should religion be protected in Iraq? What scale should be used to
balance religious freedom and legal authority? And how should the Iraqi
constitution be rewritten to protect religious differences?
Robert Blitt and Preeta Bansal were online on Tuesday, Aug.
9 at 2 p.m. ET to discuss human rights and religious freedom in the Iraqi
constitution.
The transcript follows.
____________________
Preeta Bansal: Thank you for joining us. The U.S. Commission on
International Religious Freedom is a bipartisan independent federal agency
created by Congress in 1998 to give advice to the President, Secretary of State,
and Congress about how best to promote the freedom of thought, conscience, and
religion or belief abroad, as those freedoms are defined in the international
human rights instruments. Our Commissioners are appointed by the Senate, House
of Representatives, and the White House, and we are assisted by a permanent
staff in Washington. We have been concerned about the fact that while the United
States has fought a war in Iraq at considerable cost of blood and treasure, the
Iraqi constitutional drafting committee may well be on its way toward
establishing an Iran-like judicial theocracy in Iraq. We believe that, at this
stage of our engagement, the United States and the international community must
act to ensure that democracy and freedom are supported in Iraq through its
constitution as well as other measures. This is essential for regional security
as well as for human rights. We look forward to your questions.
_______________________
Colorado: While this country embraces a separation of church and
state, other Western nations (most notably, Great Britain) do not. Is this vital
to a successful democracy in Iraq or a successful democracy period?
Preeta Bansal: The international legal instruments, including the
Universal Declaration on Human Rights and the International Covenant on Civil
and Political Rights (ICCPR), to both of which Iraq is party, do not disallow a
state from adopting or establishing a particular religion as official or
traditional. These instruments do, however, prohibit a state from discriminating
against or impairing any rights of non-believers or adherents of other
religions. Unfortunately, the drafts of the Iraqi constitution that are
circulating would go far beyond establishing Islam as the official religion of
the state (which is allowed). The drafts have Islamic law principles pervade
numerous aspects of the Bill of Rights, and even make the individual rights
guarantees in the constitution subject to (and able to be superseded by) Islamic
law -- and so the rights guarantees for non-Muslims and non-believers (and even
for Muslim believers who do not subscribe to the majority sect or the
state-imposed version of Islam) could be impaired by official interpretations of
Islam. This is contrary to the requirements of international law, and certainly
would undermine a successful democracy in Iraq by chilling rights of expression,
political debate and dissent, individual thought, and full participation in
political and public life by all Iraqis.
Robert Blitt: A study recently released by the Commission addresses
the state of play with respect to religion in the constitutions of 44 Muslim
countries. This study sets also out the international standards with respect to
freedom of religion and related rights, including equality and
nondiscrimination. The study, in English and Arabic, is available for free
download from the Commission's Web site, The
U.S. Commission on International Religious Freedom
_______________________
Paris, France: Has the Commission been to Iraq? Are you working
directly with Iraqis or just with policy makers in Washington?
Robert Blitt: The Commission has benefited from numerous and ongoing
interactions with Iraqis, including: meetings with senior Iraqi officials at the
International Conference on Iraq in Brussels, meetings with Iraqi civil society
leadership in Jordan, and meetings with leadership from various Iraqi minority
groups, also in Jordan. These sessions have included Commissioner-level meetings
with members of Iraq's constitution drafting committee, political party leaders,
and government ministers.
In addition, to these meetings, the Commission maintains ongoing
communications with various concerned organizations and individuals, including:
the United Nations, U.S. contractors, women's groups, and religious and ethnic
minority groups, based in Iraq, the U.S., and elsewhere.
Because the Commission is a U.S. government entity created by Congress and
funded entirely by the federal government, any official travel undertaken must
be done in coordination with the Department of State. The Commission has
previously submitted a request to travel to Iraq for meetings on the ground, and
is awaiting approval of this request from State.
Preeta Bansal: I would simply add that we met in Washington with newly
appointed U.S. Ambassador to Iraq, Zalmay Khalilzad, a few weeks ago before he
arrived in Baghdad. He indicated that he would welcome a visit by our Commission
to meet with Iraqi leaders in Baghdad at an appropriate stage in the process,
and depending on security concerns. Now that he is on the ground there, and a
draft constitution presumably will be produced for the political consultative
stages, we hope to get further about the possibility.
_______________________
New York, N.Y.: How significant a role do the majority of Iraqi
leaders, and the Iraqi population, want Islamic law to play in their
constitution? Is it even possible to create a constitution for Iraq that
considers both Church and State? This hasn't seemed to work for Israel, how will
it work for Iraq?
Robert Blitt: According to recent public opinion polls undertaken in
Iraq, a majority of Iraqis support a role for Islam in the constitution.
However, these polls do not address whether the population has a good handle on
what the implications for such a role might be. Moreover, the same polls
indicate that a majority of Iraqis support human rights guarantees in the
permanent constitution, including freedom of religion, support for minority
rights, and the rights of women, including a quota for women in the Iraqi
parliament. Another survey recently undertaken as part of the UN's Arab Human
Development Report confirms support for basic human rights, including freedom of
religion, within a host of Arab countries.
It is possible to balance mosque/state relations, as reflected in current
constitution text in a number of Muslim countries. The Commission's recent study
of Muslim constitutions demonstrates that nearly half the world's Muslim
population is able to practice their faith in countries that are declared
secular or in countries that make no declaration with respect to a state
religion. Some Muslim states declare Islam as a state religion and also allow
for freedom of religion at the same time. Accordingly, there is nothing
inherently incompatible between Islam and a state that respects human
rights.
_______________________
Adams Morgan: Do the majority of Iraqis actually want religious
freedom as we practice it in America? If there was "true" democracy in Iraq, and
the rest of the Middle East for that matter, wouldn't most nations be Islamist
theocratic nations?
Preeta Bansal: As Robert indicated in his answer to the question
above, most Iraqis in polling have suggested that they want basic human rights
protection and the freedom to practice their faith in the manner they deem
correct. The task for the constitutional drafting commission in Iraq is to
support a long-term constitutional democracy -- not just to support the
short-term preferences of particular groups of individuals. That means that the
structures will have to be created whereby individuals will have the rights to
think, speak, and debate and dissent. Ensuring the freedom of thought,
conscience and religion or belief is a key component of that. Even within an
Islamic state, those freedoms should be possible -- as evidenced by our survey
of the constitutions of the 44 predominantly Muslim countries in the world. We
do not advocate the imposition of American-style religious freedom; we advocate
the inclusion of religious freedom as that is defined in the international legal
instruments to which Iraq is party.
_______________________
Munich, Germany: I read a while back that liquor stores in Baghdad,
which were owned and run predominantly by Iraqi Christians and patronized by
Iraqis of all religious denominations, have been forced to close shop through
intimidation and vandalism.
Is this a sign that religious tolerance is a thing of the past in Iraq for
most Iraqis?
Preeta Bansal: I think it's a decent sign both of the security issues
plaguing Iraqis in general, as well as a sign that religious tension and
conflict indeed have exacerbated. We such rising religious tension also in the
flight of the non-Muslim communities from Iraq (e.g., Chaldo Assyrians,
Mandaeans, and others), the bombing of ancient Christian churches in Iraq, and
the ever-widening chasm and violence between Sunni and Shi'a Muslim
communities.
Robert Blitt: I would just add to Preeta's comments that the warning
signs of religious intolerance run deeper than the shuttering of liquor stores:
there have been numerous reports that women - Muslim as well as non-Muslim --
are being compelled to wear the veil against their will, some university
campuses are being forced to use separate entrances for men and women,
non-Muslims are being forced to renounce their faith, and even barbers are being
targeted for assassination as a consequence of offering to shave beards or give
"western" haircuts.
These attacks are directed against all of the Iraqi people, non-Muslims and
Muslims alike. The Commission believes that the drafting of a permanent
constitution provides an unprecedented opportunity to guarantee individual human
rights for all Iraqis, and to create a positive foundation upon which the
country can move forward.
_______________________
New York, NY: Do you think that the new Iraqi constitution should look
just like the one in the United States? If most Iraqis are Muslim, shouldn't
they be able to create a constitution that reflects their religious culture?
Preeta Bansal: The Iraqi constitution does not need to look like the
United States' constitution. It should reflect Iraq's international human rights
obligations, though, to which Iraq has acceded. Iraqis should be able to define
their state as Muslim or predominantly Muslim, but, in accordance with
international law, they must also ensure freedom of thought, conscience, and
religion or belief for all individuals (Muslim as well as non-Muslim). I should
also add that our concern for religious freedom is not meant solely for
religious minorities in Iraq. It is meant also for the predominantly Muslim
population. With religious freedom, individual Muslims are free to practice
their faith as they see fit, and may debate and dissent from state-imposed
orthodoxies. This is essential to provide the political breathing space
necessary for alternative (and possibly more moderate) strands of Islam to
emerge. Otherwise you have the real risk that a handful of hard-line clerics
will determine the meaning of Islam for all Iraqis, rather than the Iraqis
themselves.
_______________________
Detroit, Mi.: What is the Commission and what does it do? How does it
look at religious freedom in the United States?
Robert Blitt: 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.
Preeta Bansal: Our mandate does not extend to issues of religious
freedom within the United States (our judicial system does that). Rather, we
advise about U.S. foreign policy, and try to ensure that international human
rights guarantees related to freedom of religion or belief are incorporated
within that foreign policy framework.
_______________________
Wheaton, Md.: The issue of religious freedom was rejected when the
drafters of the constitution sited "Islam as a source of law." By attempting to
appease terrorists with this clause, the government of Iraq made all non-Muslims
second class citizens.
Preeta Bansal: The drafts of the constitution currently circulating
reject religious freedom in a number of ways: (1) they make Islam not only "a
source" of law, but the "basic source of legislation" -- and do not mention
other possible sources, such as international human rights obligations (as do
many other Muslim countries' constitutions), or the bill of rights guarantees in
the constitution itself; (2) they provide that several members of the
constitutional court may be shari'a jurists, with no training in civil law --
thus putting the Iraqi judiciary in the company of Iran, Saudi Arabia,
Afghanistan and Pakistan; (3) they provide that no law may be enacted which
opposes the principles and rules of Islam, thus putting in the hands of the
constitutional court (shari'a) jurists the final authority of determining
whether legislation may be enacted; and(4) they provide that most of the bill of
rights guarantees -- such as the freedom of religion or the freedom of speech --
may be curtailed by ordinary law.
_______________________
Washington, D.C.: What is the best way to constitutionally protect
Islamic interests and religious freedom for all in the same document? How might
a constitution be crafted so as to ensure Muslims that they may influence their
destiny (chose to live under and be governed by Islamic law if they so choose)
without Islamic law dominating their constitution?
Robert Blitt: The Shi'a majority in Iraq has, after years of
oppression under Saddam's regime, been given the opportunity to lead the
political process. This opportunity should not be squandered by losing sight of
Iraq's multiethnic and multi-religious heritage, especially during the drafting
of the permanent constitution. By protecting individual human rights for all
Iraqis in this document, the interests of Muslims will necessarily be protected
under the umbrella of individual human rights. In addition, as noted, under
certain conditions, a state can declare an official religion under international
law. As well, the Transitional Administrative Law, or TAL, demonstrated that
sharia, or Islamic law, can be balanced as "a source of legislation" by
including human rights as a source, and also by ensuring that no interpretation
of sharia is permitted that would be counter to recognized human rights.
Iraq is a signatory to the International Covenant on Civil and Political
Rights, as well as other international treaties, and accordingly, Iraqis, both
drafting and approving the constitution, should be informed about the nature and
content of those treaties.
_______________________
Adams Morgan: Is it perhaps a bit naive to expect Iraq, and other
newly Democratic nations like it, to smoothly transition to a government in
which all religious ideas and thought are respected? In America, anti-orthodox
thought was rejected for centuries, and we are still having issues allowing true
freedom of religion, right?
Preeta Bansal: It's fair to say that these issues will always continue
to be worked out in every society over time. But the United States, for better
or worse, has had a big role in the formation of a new Iraqi state. The values
that are ultimately enshrined in its constitution -- even if not able to be
fully implemented immediately in practice -- are therefore nevertheless
important issues of our concern. Otherwise our country will have played a huge
role in establishing a theocratic Islamic state in the heart of the Middle
East.
_______________________
Robert Blitt: Thanks for your questions. Please log in to our Web site
for further information, The U.S. Commission on
International Religious Freedom
_______________________
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