Building Process of a Democratic State of Iraq
State power linked to autonomy and independence rights
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.