The Arba'een Pilgrimage as a Cornerstone for Promoting Collective Rights: A Study of the Right to Peaceful Assembly in Comparative Constitutions

Abstract

This research examines the Arbaeen pilgrimage as a practical model for strengthening collective rights, particularly the right to peaceful assembly, in light of the Iraqi Constitution and comparative constitutional systems. The study proceeds from the premise that the Arbaeen pilgrimage is not merely a religious practice, but a large-scale peaceful assembly in which religious freedom intersects with collective identity and social solidarity. It also shows that the Constitution of the Republic of Iraq of 2005 recognizes the freedom of assembly and peaceful demonstration, yet its constitutional text still requires more precise regulation that takes into account the nature of large gatherings. The comparison with the American and French experiences highlights the importance of proportionality and judicial oversight over restrictions imposed on this right. The research concludes that the administration of the Arbaeen pilgrimage should be based on protection and organization rather than restriction, in a manner that preserves the essence of the right to peaceful assembly. It further emphasizes the need to develop constitutional, legislative, and administrative frameworks for managing large peaceful assemblies in Iraq. In order to cover the subject of the research, it was divided into four main sections, preceded by an introduction and followed by a conclusion that includes the most important results and recommendations. The first section deals with the theoretical basis of collective rights and peaceful assembly, while the second section is devoted to studying the Arbaeen pilgrimage as a practical model of the right to peaceful assembly. The third section examines the constitutional organization of the right to peaceful assembly in comparative constitutions and the restrictions imposed on it. The fourth section addresses the prospects for managing large peaceful gatherings in Iraq in light of the Arbaeen pilgrimage, by explaining the practical challenges and the role of public administration in organizing them without compromising the essence of the right.