Build­ing Process of a Demo­cratic State of Iraq

State power linked to au­ton­omy and in­de­pen­dence rights

The Kurdish Globe - - NEWS - By Saadula Aqrawi

In Iraq and Kur­dis­tan Re­gion , the build­ing process of any new demo­cratic federal state, and the hu­man rights are only ef­fi­cient when the state power is linked to an au­ton­omy and in­de­pen­dence rights, and when all the in­di­vid­u­als are treated on equal terms con­fronted with the law. It is es­sen­tial, in any democ­racy, to es­tab­lish a clear sep­a­ra­tion of pow­ers, so that the ju­di­ciary can be au­ton­o­mous and in­de­pen­dent. The re­sult will be a tri­an­gu­lar re­la­tion be­tween Democ­racy, Hu­man Rights and Sep­a­ra­tion of Pow­ers, which thus rep­re­sent in­ter­de­pen­dent el­e­ments.

Rights that are in­her­ent to the in­di­vid­u­al­ity of each per­son, in terms of pro­tec­tion against any in­cli­na­tion of the State to harm an in­di­vid­ual a hu­man be­ing is en­dowed with these rights the mo­ment per­son is born and the state can­not with­draw them from in­di­vid­u­als .

In Iraq , the elec­tions con­sti­tutes one of the most im­por­tant pil­lars of democ­racy. The elec­toral law that rule and clearly de­fine both the or­ga­ni­za­tion of these elec­tions, and how to un­der­take the de­duc­tion of the votes in or­der to as­sign them to the cor­re­spond­ing seats. An ac­tive elec­toral law and a pas­sive elec­toral law. Cit­i­zens who can use ac­tive elec­toral law have the right to vote whereas those who can use pas­sive elec­toral law have the right to be elected. The whole elec­torate can use both types of rights. Any state which opts to carry out elec­tions can be qual­i­fied as demo­cratic right away. There are sim­i­larly other forms of govern­ment in which elec­tions are prac­ticed. Demo­cratic elec­tions, as such, must meet some re­quire­ments.

In Iraq, the foun­da­tions of the hu­man re­la­tions that rule life in so­ci­ety, be it at in­ter­na­tional, na­tional, lo­cal or fam­ily level. The In­di­vid­ual Per­son­al­ity Rights con­sti­tute the core of hu­man rights, given the fact that they in­clude the right to life and the right to free per­son­al­ity de­vel­op­ment. With these rights, a hu­man be­ing can, for in­stance, be pro­tected against at­tacks and man­i­fes­ta­tions of vi­o­lence aimed at a per­son, and pre­serve the per­son’s in­tegrity and hu­man dig­nity.

The so­cial and eco­nomic rights, min­i­mum liv­ing wage for the sur­vival of a hu­man be­ing must be guar­an­teed for in­di­vid­u­als . The right to ed­u­ca­tion, be­cause it is nec­es­sary to start from the prin­ci­ple that ev­ery­body has to ben­e­fit from a train­ing so as not to be left starv­ing and de­prived of liv­ing re­sources.

Also in Iraq and in the Kur­dis­tan Re­gion , the third gen­er­a­tion rights of in­di­vid­u­als are the ba­sic fac­tor of build­ing process of a demo­cratic state . They are there to demon­strate that hu­man rights can evolve and that they are not fixed or stuck at their start­ing point. One can in­clude in these rights, for ex­am­ple, the rights to de­vel­op­ment, which aim at re­duc­ing the gap that sep­a­rates the rich and the poor. The rights to en­vi­ron­ment, in or­der to make sure that species that are vi­tal to hu­mans are not dam­aged or de­stroyed.

In the Kur­dis­tan Re­gion, we must be won­der­ing what to do to make sure that all the hu­man rights are ef­fec­tively en­forced, since empty for­mu­las would not be of great help for the cit­i­zens. The sys­tem of checks and bal­ances is a good guar­an­tee.

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