The collective rights of minorities in The Iraqi constitutions

Analytical comparison study

Abstract

The rights of minorities are of little interest in the international community, especially their collective rights. Therefore, states are keen to include these rights in their constitutions to ensure that these rights are regulated under their provisions in their ordinary legislation.

The importance of regulating the collective rights of minorities in constitutions is that they ensure the preservation of the natural characteristics of minorities that are distinct from other population groups living with them in the state, and ensure the exercise of the rights that derive from them, from religious rights, linguistic rights and participation and interaction in Cultural and public life in the country. Although these rights are individual, they can only be exercised collectively.

Iraq has an enormous diversity in the presence of minorities of religious, linguistic and ethnic nationalities in its social fabric. Iraqi minorities are characterized by being minorities with simple or complex characteristics. Iraqi minorities are characterized by minorities with simple or complex characteristics. Because some of them have one characteristic that differs from the rest of the population such as the black-skinned minority, while there are minorities that differ from others more than the characteristics such as Christian minorities of the Assyrians, they combine nationalism with religion.

The Iraqi constitutions stand different positions on the collective rights of minorities. In the monarchy, the Iraqi Basic Law of 1925 stipulated the majority of these rights, whether explicit or implicit whereas the Constitutions of the Republican era prior to 2003, the reference to these rights included only a general and implicit reference.

Whereas, after 2003, the Transitional Administrative Law of 2004 and the Iraqi Constitution of 2005 ensured all the collective rights of minorities, but sometimes they were expressed in vague and vague terms, or restricted to certain minorities.

As a result, this right is violated and violated by the discretionary power of the House of Representatives, which need to be amended in such a way as to guarantee these rights in a more specific and comprehensive manner.