غياب الحماية القانونية للأقليات يُلغي الاعتراف الدستوري

 

كانت الصدمة كبيرةً لكل من سمع بقرار هجرة رئيس طائفة الصابئة المندائيين في محافظة الديوانية (جنوبي العراق) إلى خارج البلاد لكن الصدمة من معرفة أسباب الهجرة لم تكن أقل وقعاً.

خالد ناجي الذي يمثل رمزاً من رموز الطائفة في المحافظة ويشغل أيضاً منصب معاون مدير شؤون الطائفة في العراق أشار بصورة واضحة إلى أن غياب القوانين التي تحمي الأقليات بصورة عامة والصابئة على وجه الخصوص هي التي دفعته وعائلته إلى اتخاذ قرار الهجرة.

“لا يوجد أي تشريع يحمي حقوقنا” يقول خالد ناجي.. ويضيف في حديث للمنصة ،إن “مجلس النواب لم يشرع أي قانون ولم يصدر أي قرار لحماية الأقليات في العراق”.

هذا السبب برأي خالد ناجي كفيل بهجرة المواطنين العراقيين من الأقليات إلى خارج البلاد إذ أنه يُمهد في ظل الظروف الراهنة في العراق لتهميش وإقصاء الأقليات مع توفر الرغبة السياسية التي لا تريد توفير الحماية لها.

منذ كتابة دستور العراقي في العام 2005 كانت هناك مشكلات كثيرة تسببت بها مواده التي لم تكن واضحة في بعضها وناقصة في بعضها الآخرن، والأمر نفسه ينطبق على مواد الدستور التي تتعلق بحقوق الأقليات في العراق وحمايتها.

الباحثون في شؤون الأقليات يصنفون الدستور العراقي من ضمن أفضل الدساتير في المنطقة العربية والشرق الأوسط فيما يخص الأقليات، رغم وجود مواد كثيرة تتعارض مع منحهم حقوقهم وهي مواد دين الدولة وعروبتها واللغات الرسمية وعدم معارضة الدستور لتعاليم الإسلام وغيرها.

لكن الأقليات بالمقابل لم تتلمس أي امتياز لها في الواقع العراقي فلم يشكل الدستور فارقاً لها بين هذا الواقع وبين ما تطمح إليه، فأين تكمن المشكلة؟.

المشكلة برأي ممثلي الأقليات تتمثل في نقطتين أساسيتين الأولى هي عدم ترجمة مواد الدستور الداعمة للأقليات ووجودها إلى قوانين نافذة يُعمل بها ليجد المواطنون من الأقليات أنفسهم متساوين مع بقية المواطنين.

أما الثانية فهي عدم إيمان الطبقة السياسية الحالية بحقوق الأقليات كما يرى حنين قدو وهو سياسي من أقلية (الشبك) وعضو في مجلس النواب العراقي.

“الدستور لم يُترجم إلى قوانين في هذا الإطار وحتى إذا ما تم تشريع هكذا قوانين فإن إمكانية تنفيذها ستكون صعبة لأن تطبيق هذه القوانين أمر غير ممكن في ظل كل ما يمر به العراق” يقول قدو.

ويضيف في حديثه للمنصة إن “الطبقة السياسية غير مؤمنة إيماناً حقيقياً بحقوق الأقليات وضرورة حمايتها فالسياسيون لا يرون الأقليات إلا وسيلة لاستخدامها في الصراعات السياسية بين الأحزاب والكتل ولأغراض سياسية أيضاً”.

الدستور العراقي يحتوي على خمس مواد تطرقت بمجملها إلى حقوق الأقليات وتمثيلهم في المجلس النيابي العراقي، لكن اعتراف هذه المواد بالأقليات وحقوقها في العراق لا يعني شيئاً بالنسبة لممثلي هذه الأقليات التي تشترط جملة من الإجراءات لضمان الحصول على هذه الحقوق.

ومن هذه الإجراءات ما يشير إليه الباحث حمد جاسم محمد الذي قدم بحثه الموسوم (الأقليات في العراق بين الواقع والطموح) بضرورة تخصيص موازنة خاصة لتنمية مناطق الأقليات وإنهاء التدهور الاقتصادي المستمر فيها ومنح الحكم الذاتي لها مستقبلاً في هذه المناطق.

كما يشير الباحث إلى ضرورة الابتعاد عن أسلمة القاصرين من الأقليات وفصل الدين عن السياسة وتشريع القوانين المدنية وإعداد المناهج الدراسية التي تشير إلى تاريخ وتراث وأديان الأقليات فضلاً عن منح الأقليات دوراً أكبر في مؤسسات الدولة بصورة عامة وغيرها.

اللغة هي أيضاً عامل مهم بالنسبة للأقليات التي ترى أن عدم منح السمة الرسمية للغاتها يسهم في اندثار ثقافتها ويمهد لاختفائها من المشهد الحضاري للعراق.

الخلاصة أن مواد الدستور العراقي ستبقى بالنسبة للأقليات مجرد شهادة ولادة تحتاج لتوفير مستلزمات إدامة الحياة، فالأهم هو تشريع القوانين وخلق البيئة المناسبة لتطبيقها بما يضمن توفير مستلزمات البقاء لهذه الأقليات في العراق، ليشعر أفرادها أنهم مواطنون عراقيون لا يختلفون شيئاً عن نظرائهم في المكونات الكبيرة للشعب العراقي.

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