Final Work Product
Available in English and Arabic. Click on each title to open the pdf document.
Analysis of a draft law in the Iraqi Council of Representatives on the Care of Women without Supporters, looking at existing provisions of the Women’s Care draft law and examining international practice to suggest additional provisions that the Council of Representatives may wish to consider in order to achieve economic, social, and cultural equality for women in Iraq.
Provides commentary and analysis on amendments to the Iraqi Constitution.
Provides a comparative analysis of international practice with respect to the bifurcation of trade union and syndicate laws. Examines legislative practice in the United States, Germany, Jordan, and Australia regarding the right to collective bargaining.
Presents, through comparative analysis of state practices, options regarding how Iraq can provide access to housing for its vulnerable populations. Specifically examines: the way in which other countries have sought to create housing rights in their constitutions and statutes; the manner in which these countries have allowed for the justifiability of economic, social and cultural rights, in particular, adequate housing; and various positive discrimination or affirmative action policies used to provide adequate housing.
Examines and compares the selection criteria for Human Rights Commissioners in Canada, Afghanistan, New Zealand, Kenya, and Australia. Suggests criteria related to language skills, educational qualifications, and professional experience that may be required of individuals considered for commissioner positions. Also provides comparative analysis of Human Rights Commission composition, functioning, and degree of independence for the above-named countries.
Examines provisions in the election laws of Egypt, Jordan, South Africa, and Bosnia and Herzegovina relating to the representation and participation of minorities in the public sphere. Presents and overview of internationally and nationally recognized political rights and examines various electoral systems employed by democracies throughout the world including Proportional Representation systems, Plurality-Majority systems, and quotas. Specifically examines the representation of women and that of other minorities in the above-named countries.
Provides provisions from the German, South African, Egyptian, and Nigerian constitutions related to the relative authorities of each country’s upper and lower legislative houses. Constitutional provisions provided include: appointment responsibilities; the creation and regulation of state institutions supporting democracy; impeachment powers; jurisdiction over various types of legislation; jurisdiction over constitutional amendments; and powers related to the national budget.
Examines the relative authorities of the upper and lower legislative houses in Germany, Egypt, Nigeria and South Africa. Considers whether the upper house should have jurisdiction equal to that of the lower house or only that legislation which is related to the regions. Addresses what different states consider “regionally related.” Examines the relative responsibilities of both houses regarding appointing executive branch and other officials as well as issues of budget construction.
Analyzes and comments on the Federation Council draft law. Main areas of concern and comment include: that the present law does not include independent representation of the region as required by Article 65 of the Constitution; that the dates and means of direct election of Federation Council members is not clear and may be improved by including language discussing whether or not the governorates have discretion in establishing regulations pertaining to time and means for elections; that the present draft does not enumerate the scope of the Federation Council’s jurisdiction. Provides and article by article analysis of the draft law.
Analyzes and comments on the Rights of the Innocents draft law. Main areas of concern include: the fact that the law may duplicate various articles of the Constitution that already protect the rights to life, liberty and security, those that protect privacy, those that protect against unlawful arrest and detention, and those that guarantee the right to litigate; that the definition of “innocent” under the draft law is narrow enough to risks unconstitutionally abridging rights guaranteed to all in the Constitution; that the purpose of the law may be better suited for a law prohibiting libel and slander than one protecting the rights of the innocents. Provides article-by-article analysis.
Identifies, though comparative state practice, the necessary and common components of anti-discrimination legislation and implementation in contemporary states based on international standards. Suggests that the enumeration of the right to non-discrimination and equality in the Constitution is necessary but not sufficient and that comprehensive legislation is also needed. Examines international covenants on civil and political rights and the practices of states such as South Africa, Canada, Serbia, Morocco, the United States, and others.
Provides a country-by-country analysis of referendum legislation. Examining Armenia, Estonia, Macedonia, Ireland, Lithuania, Ukraine, Romania, and other states, provides analysis of: legal frameworks; issues that can not be submitted to referendum; issues that can be submitted to referendum, rights to initiate, implementing institutions; and definitions.
Provides basis and precedent for interpreting Article 56 in terms of the “fourth year” ending on 31 December 2009 or, alternatively, on 28 February 2010. Identifies that the question hinges on the interpretation of the term “calendar year” as it applies in the context of the article and whether “fourth year” refers to the calendar year or a 365-day cycle based on the start of the first session in March. Recommends that Article 56 be interpreted to support holding the parliamentary elections in January 2010 rather than November 2009 based on the strength of comparative findings and pragmatic considerations.
Advises on the draft Budget Law for 2009 by analyzing the Ministry of Finance’s amendments to the draft Budget Law for 2009 and the commentary of Taleb Ayfan, Advisor to the Iraqi Council of Representative’s Committee on Financial Affairs. Provides means to strengthen the ability of provinces and municipalities to provide basic social and municipal services and to perform their functions effectively by allocating budget items and managerial responsibility directly to provincial government bodies.
Analyzes the potential impact of the following options regarding whether a future Independent Commission for Civil Society can be called for as part of the draft NGO law: (1) add a separate chapter to the NGO law; (2) include an article within the NGO law; (3) pass a separate law creating the Commission prior to passing the NGO law. Provides potential advantages and disadvantages for each option.
Relates each law pending in the Council of Representatives to the article of the Constitution authorizing its implementation.
Analyzes and comments on the Non-Governmental Organization draft law. Main areas of concern and comment include: the independence of civil society and their ability to fully operate independent of the Iraqi government. Suggest that it is essential that Iraq support NGOs to the fullest extent possible to have a legitimate democracy. Provides article-by-article analysis of the draft law.
Analyzes minority autonomy issues as a way to further implement Iraq’s Constitution and comply with the legislative requirements for local administrations called for in Article 125. Provides a survey of local autonomy regimes with examples taken from around the world in an effort to clarify issues and present options to Iraqi citizens. Suggests that the most common way to establish mechanisms to allow minority groups to have representative self-governments is through the creation of autonomous regions or smaller local governments.
Analysis potential conflicts in the authority for implementing Human Rights Treaties under the Iraqi Constitution and outlines the basic process for pursuing treaty implementation. Discusses several options for treaty implementation including exclusive treaty implementation power granted to the Council of Representatives and shared implementation power between the federal and regional governments. Describes the treaty implementation process and provides state comparisons.
Identifies, through comparative state practice, international approaches to naturalization and citizenship legislation. Examines practices in the United States, Canada, Australia, and the United Arab Emirates, Argentina, and other states and compares those states whose requirements are liberal versus those that have exclusive requirements.
Identifies, through comparative state analysis, international approaches to fixed terms for parliamentary leaders. Suggests that not all parliamentary systems recognize the role of parliamentary leaders or speakers but that for those that do recognize the position, term limits often match the term of the representative assembly by which the speaker is elected or have separate fixed terms. Examines the practices of South Africa, Jordan, Bosnia-Herzegovina, Indonesia, and Mali.
Analyzes the roots of the right to Freedom of Expression in the Iraq Constitution and international treaties and covenants. Freedom of Expression also includes the right of assembly and of the press and may only be limited for violations of “public order and morality” under the Constitution. “Public order and morality” are not defined in the Constitution so interpretation is left to lawmakers or the courts. The lack of definition may lead to uncertainty and unfairness. The Law should define “public order and morality” but must be careful not to run afoul of the Constitution’s Article 46 guarantee that laws will not “violate the essence of the right to freedom.” Suggests narrowly tailored language in line with international practices related to incitement of violence and defamation, and racial or ethnic slurs.
Defines referendum as a direct democracy procedure and outlines reasons for a referendum. Describes the institutional frameworks including regulation, types, subjects, and legal consequences. Also analyzes procedural frameworks and provides comparative charts and sample legislation.
Examines and classifies existing Iraq laws in order to a) determine continuing validity, the need for amendment, and the need for repeal; and b) organize in a way which provides clear, simply reference by subject matter. Explores various ways to group Iraqi laws by subject matter and source and provides country examples from France, Germany, the US, the UK, and Romania.
Offers recommendations for the implementation of the Law of the High Commission for Human Rights by presenting comparative findings on national human rights institutions in various states. States examined include but are not limited to: Canada, Palestine, Timor-Leste, Kenya, Afghanistan, Bosnia and Herzegovina and South Africa. Issues examined include broad versus narrow mandates, independence from government control, independence in respect to funding, the role of domestic legislation, and flexibility and transparency.
Examines the Disability draft law and provides suggestions for improvement and clarity article by article. Main areas of concern include: the need to follow international standards when defining disability and other terms, to include that the underlying goal of the law is to promote equal opportunities for individuals with disabilities and support their integration into mainstream society, and others. Also suggests the inclusion of financial analysis and implications.
Examines state practice regarding the necessary and common components of minority legislation. Comprehensive legislation should include antidiscrimination measures, minority rights legislation, and the creation of institutions to monitor minority protections. Specifically, most state models incorporate identity, language, employment, education, media, and participation in public life.
Outlines a range of potential actions that the Institute for International Law and Human Rights (IILHR) could take to advance the cause of minority rights, representation, protection, and cohesion, within the context of its grant with the State Department.
As Iraq ratified the UN Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (“CAT”) in July 2008, IILHR constructed this paper to outline requirements for its implementation. The CAT requires countries to prevent acts of torture, train all appropriate personnel, investigate allegations, prosecute those who are accused, and compensate victims. This paper analyzes each article of the CAT and outlines what steps Iraq must take under the convention in order to comply and those steps Iraq should take to implement the articles.
Analyzes and comments on the Federal Civil Service Council draft law. Main areas of concern include: the draft law is too limited in its focus and should include development of the public system in addition to establishing public or independent institutions; the draft law should discuss the substance of the debated issue (i.e. civil service). This analysis is based on examination of normal state practice.
Draft Rules of Procedure of the Iraqi Council of Representatives delegation for relations with the European Parliament. Constructed following a request by the Council of Representatives. Includes articles related to scope, principles governing the delegations activities, political priorities, membership and leadership, organization, member conduct, travel and expenses, secretariat, budget, and amendment procedures.
Suggests means to improve the reporting system for the Council of Representatives to increase transparency and improve and integrate the operations of the Council itself. First steps include developing a standardized questionnaire for all committees so that information can be collected, standardized and disseminated. IILHR suggests developing a template to incorporate all relevant matters in one document. Suggests contents of such a template.
Analyzes and comments on the Private Security Contractor draft law. Suggests increased clarity and comprehensiveness in the Purpose of the Law section, greater precision in the Definitions section, increased clarity regarding the extent of civil and criminal liability, and greater legal distinction between defining Iraqi vs. Foreign companies. Provides an article-by-article analysis.
Analyzes and comments on the draft Foreign Service law. Main areas of concern include: the need to clarify the division of diplomatic ranks; the need to determine the specific allowances desired to compliment these specific ranks; and the need to require that all Foreign Service employees be knowledgeable of either French or English as they are the lingua franca of international relations. Also suggests that financial analysis and implications be included in every draft law. Provides an article-by-article analysis.
Analyzes and comments on the Communications and Media Commission draft law. Main areas of concern and comment include: the need to clarify the responsibilities of the Commission and the structure of how the Commission is formed (nomination, election, and appointment of members). Additionally, suggests the significance of understanding that the basis of an independent Commission is to have Parliament establish a Commission of experts on a topic and then to leave the organization and its work to the members themselves. These final components must be included in order for the Commission to be truly independent. Provides article-by-article analysis.
Analyzes and comments on the Student Salary / Scholarship draft law. Main areas of concern and comment include: the mechanics of how this law will be implemented need to be clarified; the monitoring process, which is essential to the functioning of such a program, also needs clarification. Provides article-by-article analysis and addresses questions and ambiguities that may arise from the current language.
Identifies, through comparative state practice, the evolution, functions and financial structures of research institutions on contemporary states. Outlines the utility of research institutions and the five key functions common to most states in their institute models. These five elements include: (1) providing elected leaders, policy makers and the public with expert advice based on sound scientific evidence; (2) promoting education and public awareness; (3) conducting and fostering research to keep the state current with modern developments and technology; (4) developing creative discoveries and innovative research strategies; and (5) discovering cures to worldwide epidemics.
Provides country-by-country analysis of Higher Judicial Councils. Examines the composition of such bodies, the appointment process, the role/ jurisdiction of HJCs, the president, and the financing. Compares HJCs in Spain, Italy and Romania.
Analyzes and comments on the Higher Judicial Council draft law. The main areas of concern and comment include: the delineation of too much power into the hands of one individual; the mechanics of the law need to be expanded upon and clarified (nomination, election and appointment); and the fact that two articles may be unconstitutional as written. Provides article-by-article analysis.
Provides a country-by-country analysis of Constitutional Courts. Provides analysis of the composition, qualifications, role/ jurisdiction, president, and financial aspects of the constitutional courts of Romania, Poland, Afghanistan, and Spain.
Analyzes and comments on the Federal Supreme Court draft law. Main areas of concern and comment include: the delineation of too much power to one individual; and the need to clarify and further explain the process and mechanics of the court. Suggests adding several articles from the Constitution to the preamble of the law. Provides article-by-article analysis.