entered into force; whether the law that made it a serious crime fraudulently
to join the Baath Party or to defect from it had been abolished; what legal
and practical consequences were attached to membership of professional
federations, trade unions, associations and clubs; what the criteria and
procedures were for the registration of associations and trade unions; how
equitable access of members of minority groups to public service was ensured;
and what the expected consequences were, on citizens in the conduct of
political life, of the adoption of a new constitution and a new law on the
freedom of political parties.
211. In addition, it was asked how the members of the National Assembly had
been elected; whether it was intended to hold new elections following the
promulgation of the new Constitution; whether any changes in the regulations
for the holding of elections were under consideration; and how Act No. 30 of
1991 would operate, given the special position of the Baath Party under
article 38 of the Constitution. Clarification was also requested of the
purpose of the amendments to the National Assembly Act, according to which the
Assembly could remove a member by challenging his good standing.
212. In his reply, the representative of the State party explained that Law
No. 30/1991 on political parties had been promulgated and was now in force.
That law guaranteed the equality of all parties, which had full freedom to
establish themselves and to publish their literature, and would lead to an
increase in the number of political parties and hence to broader participation
by Iraqi citizens in public life. The new Constitution, when promulgated,
would certainly be in line with the principles of that Act and would provide
an appropriate framework for the encouragement of a multiparty system and
consequently a diversity of ideas and opinions. Although nothing was yet
known as to the place that was to be attributed under the new Constitution to
the party in power, it would be inconceivable for the Constitution to make a
distinction between the various political movements. While membership of
professional federations, trade unions, associations and clubs had formerly
been compulsory for technical and professional reasons, membership had now
been made optional in the context of complete freedom of the individual.
Equality of citizens and equal opportunities were guaranteed under article 19
of the Constitution and in no case could access to public office be based on
adherence to any religion, belief or group. All Iraqi citizens had the right
to challenge the good standing of any member of the National Assembly.
Concluding observations by individual members,
213. Members of the Committee expressed their appreciation to the
representative of the State party for his cooperation in presenting the third
periodic report of Iraq and for having engaged in an open dialogue with the
Committee. Although the report had been somewhat overdue, great efforts had
been made in difficult circumstances to submit it on time. Information had
been updated as requested and efforts had been made to provide the Committee
with answers to its questions. Furthermore, a certain degree of progress in
the implementation of the Covenant had been noted, including drafting a code
of human rights, abolishing the Eevolutionary Court, moves towards permitting
the establishment of political parties, formulating a new constitution and
adopting an amnesty law. Iraq was thus making an endeavour to bring its
domestic law into line with the Covenant and was taking some steps towards
pluralism and democracy.
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