The reason of this post is to make my argument clear that the concept “freedom’ is not new in Iraqi constitutions and it was used in beginning of the establishment of the Iraqi state’s first constitution 1925 but implementing the word is another story.
Iraqi parliament until now proved their unreliability to secure the constitution and I will go further and say Iraqis proved their incapability to write their own constitution but I will keep the discussion on this for the next post.
Notice that the draft copy of the last constitution is just a mix of the previous constitutions and many articles the context was shadowy [even by the previous constitutions] and sounds like:
1925 Constitution
Article 12 [society]
Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law.
Article 13 [religion]
Complete freedom of conscience and freedom to practice the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality.
Article 15 (communications]
All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law.
Article 60 [parliament]
Every member shall have the right of absolute freedom of speech, subject to the regulations of the assembly of which he is a member. No legal proceedings shall be taken against him on account of a vote given, or opinion expressed, or speech made during the debates and discussions of the assembly.
1990 Constitution
Article 26 [society]
The Constitution guarantees freedom of opinion, publication, meeting, demonstrations
and formation of political parties, syndicates, and societies in accordance with the
objectives of the Constitution and within the limits of the law. The State ensures the
considerations necessary to exercise these liberties, which comply with the revolutionary,
national, and progressive trend.
Article 25 [religion]
Freedom of religion, faith, and the exercise of religious rites, is guaranteed, in accordance
with the rules of constitution and laws and in compliance with morals and public order.
Article 27 point © [education]
The State guarantees the freedom of scientific research,
2004 Interim Constitution
Article 13
(A) Public and private freedoms shall be protected.
(B) The right of free expression shall be protected.
© The right of free peaceable assembly and the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed.
(D) Each Iraqi has the right of free movement in all parts of Iraq and the right to travel abroad and return freely.
(E) Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law.
(F) Each Iraqi has the right to freedom of thought, conscience, and religious belief and practice. Coercion in such matters shall be prohibited.
(H) Each Iraqi has the right to privacy.
2005 Draft copy of the new Constitution [Thanks to Omar]
Article 6
2– Freedom of scientific research.
3– Freedom of expression, opinion, demonstration and establishing unions and associations.
5– All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law.
Sources
1– Constitution of the Kingdom of Iraq 1925.
2– Interim Constitution of Iraq 1990 [PDF].
3– Interim Constitution of Iraq 2004.
4– Draft copy of Iraq’s constitution 2005 [Arabic] [PDF].