Sunday, October 16, 2005

O thuggies, read it and weep

We the sons of Mesopotamia, land of the prophets, resting place of the holy

imams, the leaders of civilization and the creators of the alphabet, the cradle

of arithmetic: on our land, the first law put in place by mankind was written; in

our nation, the most noble era of justice in the politics of nations was laid

down; on our soil, the followers of the prophet and the saints prayed, the

philosophers and the scientists theorized and the writers and poets created.

Recognizing God's right upon us; obeying the call of our nation and our

citizens; responding to the call of our religious and national leaders and the

insistence of our great religious authorities and our leaders and our reformers,

we went by the millions for the first time in our history to the ballot box, men

and women, young and old, on January 30 2005, remembering the pains of

the despotic band's sectarian oppression of the majority; inspired by the

suffering of Iraq’s martyrs - Sunni and Shiite, Arab, Kurd and Turkomen, and

the remaining brethren in all communities - inspired by the injustice against

the holy cities in the popular uprising and against the marshes and other

places; recalling the agonies of the national oppression in the massacres of

Halabja, Barzan, Anfal and against the Faili Kurds; inspired by the tragedies

of the Turkomen in Bashir and the suffering of the people of the western

region, whom the terrorists and their allies sought to take hostage and prevent

from participating in the elections and the establishment of a society of peace

and brotherhood and cooperation so we can create a new Iraq, Iraq of the

future, without sectarianism, racial strife, regionalism, discrimination or

isolation.

Terrorism and “takfir” (declaring someone an infidel) did not divert us from

moving forward to build a nation of law. Sectarianism and racism did not stop

us from marching together to strengthen our national unity, set ways to

peacefully transfer power, adopt a manner to fairly distribute wealth and give

equal opportunity to all.

We the people of Iraq, newly arisen from our disasters and looking with

confidence to the future through a democratic, federal, republican system, are

determined - men and women, old and young - to respect the rule of law,

reject the policy of aggression, pay attention to women and their rights, the

elderly and their cares, the children and their affairs, spread the culture of

diversity and defuse terrorism.

We are the people of Iraq, who in all our forms and groupings undertake to

establish our union freely and by choice, to learn yesterday's lessons for

tomorrow, and to write down this permanent constitution from the high values

and ideals of the heavenly messages and the developments of science and

human civilization, and to adhere to this constitution, which shall preserve for

Iraq its free union of people, land and sovereignty.

CHAPTER ONE: BASIC PRINCIPLES

Article (1): The Republic of Iraq is an independent, sovereign nation, and the

system of rule in it is a democratic, federal, representative (parliamentary)

republic.

Article (2): 1st - Islam is the official religion of the state and is a basic source

of legislation:

(a) No law can be passed that contradicts the undisputed rules of Islam.

(b) No law can be passed that contradicts the principles of democracy.

(c) No law can be passed that contradicts the rights and basic freedoms

outlined in this constitution.

2nd - This constitution guarantees the Islamic identity of the majority of the

Iraqi people and the full religious rights for all individuals and the freedom of

creed and religious practices.

Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part

of the Islamic world and its Arab people are part of the Arab nation.

Article (4): 1st - Arabic and Kurdish are the two official languages for Iraq.

Iraqis are guaranteed the right to educate their children in their mother

tongues, such as Turkomen or Assyrian, in government educational

institutions, or any other language in private educational institutions,

according to educational regulations.

2nd - the scope of the phrase “official language” and the manner of

implementing the rules of this article will be defined by a law that includes:

(a) issuing the official gazette in both languages.

(b) speaking, addressing and expressing in official domains, like the

parliament, Cabinet, courts and official conferences, in either of the two

languages.

(c) recognition of official documents and correspondences in the two

languages and the issuing of official documents in them both.

(d) the opening of schools in the two languages in accordance with

educational rules.

(e) any other realms that require the principle of equality, such as currency

bills, passports, stamps.

3rd - Federal agencies and institutions in the region of Kurdistan use both

languages.

4th - The Turkomen and Assyrian languages will be official in the areas where

they are located.

5th - Any region or province can take a local language as an additional official

language if a majority of the population approves in a universal referendum.

Article (5): The law is sovereign, the people are the source of authority and its

legitimacy, which they exercise through direct, secret ballot and its

constitutional institutions.

Article (6): Government should be rotated peacefully through democratic

means stipulated in this constitution.

Article (7): 1st - Entities or trends that advocate, instigate, justify or propagate

racism, terrorism, “takfir” (declaring someone an infidel), sectarian cleansing,

are banned, especially the Saddamist Baath Party in Iraq and its symbols,

under any name. It will be not be allowed to be part of the multilateral political

system in Iraq, which should be defined according to the law.

2nd - The state will be committing to fighting terrorism in all its forms and will

work to prevent its territory from being a base or corridor or an arena for its

(terrorism's) activities.

Article (8): Iraq shall abide by the principles of good neighbourliness and by

not intervening in the internal affairs of the other countries, and it shall seek to

peacefully resolve conflicts and shall establish its relations on the basis of

shared interests and similar treatment and shall respect its international

obligations.

Article (9): 1st - (a) The Iraqi armed forces and security apparatuses consist of

the components of the Iraqi people, keeping in consideration their balance

and representation without discrimination or exclusion. They fall under the

command of the civil authority, defend Iraq, don't act as a tool of oppression of

the Iraqi people, don't intervene in political affairs and they play no role in the

rotation of power.

(b) Forming military militias outside the framework of the armed forces is

banned.

(c) The Iraqi armed forces and its personnel – including military personnel

working in the Defence Ministry and in any offices or organizations

subordinate to it - are not allowed to run as candidates in elections for political

office. They should not engage in election campaigning for candidates and

should not take part in activities forbidden by the regulations of the Defence

Ministry. This ban includes the activities of the previously mentioned

individuals acting in their personal or professional capacities, but does not

include their right to vote in the elections.

d) The Iraqi national intelligence service shall gather information and assess

threats to national security and offers advice to the Iraqi government. It is

under civilian control; it is subjected to the supervision of the executive

authority; it operates according to the law and to recognized human rights

principles.

e) The Iraqi government shall respect and implement Iraq's international

commitments regarding the non-proliferation, non-development, nonproduction,

and non-use of nuclear, chemical, and biological weapons.

Associated equipment, material, technologies, and communications systems

for use in the development, manufacture, production, and use of such

weapons shall be banned.

2nd - Military service shall be regulated by a law.

Article (10): The holy shrines and religious sites in Iraq are religious and

cultural entities. The state is committed to maintain and protect their sanctity

and ensure the exercising of (religious) rites freely in them.

Article (11): Baghdad is the capital of the republic of

Iraq.

Article (12): 1st - The flag, emblem and national anthem of Iraq shall be fixed

by law in a way that symbolizes the components of the Iraqi people.

2nd - Medals, official holidays, religious and national occasions and the official

calendar shall be fixed by law.

Article (13): 1st - This constitution shall be considered as the supreme and

highest law in Iraq. It shall be binding throughout the whole country without

exceptions.

2nd - No law that contradicts this constitution shall be passed; any passage in

the regional constitutions and any other legal passages that contradict this

constitution shall be considered null.

CHAPTER TWO: RIGHTS AND FREEDOMS

PART ONE: RIGHTS FIRST: Civil and political rights.

Article (14): Iraqis are equal before the law without discrimination because of

sex, ethnicity, nationality, origin, colour, religion, sect, belief, opinion or social

or economic status.

Article (15): Every individual has the right to life and security and freedom and

cannot be deprived of these rights or have them restricted except in

accordance to the law and based on a ruling by the appropriate judicial body.

Article (16): Equal opportunity is a right guaranteed to all Iraqis, and the state

shall take the necessary steps to achieve this.

Article (17): 1st - Each person has the right to personal privacy as long as it

does not violate the rights of others or general morality.

2nd - The sanctity of the home is protected. They cannot be entered or

searched or violated except by judicial decision and in accordance with the

law.

Article (18): 1st - An Iraqi is anyone who has been born to an Iraqi father or an

Iraqi mother.

2nd - Iraqi nationality is a right to all Iraqis and it is the basis of their

citizenship.

3rd - (a) It shall be forbidden to withdraw the Iraqi citizenship from an Iraqi by

birth for any reason. Those who have had their citizenship withdrawn have the

right to reclaim it and this should be regulated by law.

(b) Iraqi citizenship shall be withdrawn from naturalized citizens in cases

stated by law.

4th - Every Iraqi has the right to carry more than one citizenship. Those who

take a leading or high-level security position must give up any other

citizenship. This shall be regulated by law.

5th - Iraqi citizenship may not be granted for the purposes of a policy of

population settlement disrupting the demographic makeup in Iraq.

6th - Citizenship regulations shall be determined by law, and the proper courts

should hear suits arising from the regulations.

Article (19): 1st - The judiciary is independent, with no power above it other

than the law.

2nd - There is no crime and no punishment except by the text (of law). And

there is no punishment except for an act that the law considers a crime at the

time of its commission. No punishment can be enacted that is heavier than

the punishment allowed at the time of the crime's commission.

3rd - Trial by judiciary is a right protected and guaranteed to all.

4th - The right to defence is holy and guaranteed in all stages of investigation

and trial.

5th - The accused is innocent until his guilt is proven in a just, legal court. The

accused cannot be tried for the same accusation again after he has been

freed unless new evidence appears.

6th - Every individual has the right to be treated in a just manner in all judicial

and administrative procedures.

7th - Court sessions will be open unless the court decides to make them

secret.

8th - Punishment is for individuals.

9th - Laws do not apply retroactively unless otherwise has been legislated,

and this exception does not include laws of taxes and duties.

10th - Punitive law shall not be applied retroactively unless it is best for the

defendant.

11th - The court shall appoint an attorney to defend defendants charged with

a felony or a misdemeanour who don't have an attorney and it shall be at the

state's expense.

12th - (a) (Arbitrary) detention shall not be allowed.

(b) Arrest or imprisonment is not allowed in places other than those

designated for that according to prison laws that are covered by health and

social services and are under the control of the state.

13th - Preliminary investigation papers shall be shown to the concerned judge

no later than 24 hours from the time of the detention of the accused and

cannot be extended except once and for same duration.

Article (20): Citizens, male and female, have the right to participate in public

matters and enjoy political rights, including the right to vote and run as

candidates.

Article (21): 1st - An Iraqi shall not be handed over to foreign bodies and

authorities.

2nd - Political asylum to Iraq shall be regulated by law and the political

refugee shall not be turned over to a foreign body or forcefully returned to the

country from which he has fled.

3rd - Political asylum shall not be granted to those accused of committing

international or terror crimes or to anyone who has caused Iraq harm.

SECOND: Economic, social and cultural rights

Article (22): 1st - Work is a right for all Iraqis in a way that guarantees them a

good life.

2nd - The law regulates the relation between employees and employers on an

economic basis, while keeping in consideration rules of social justice.

3rd - The state guarantees the right to form or join syndicates or professional

unions. This shall be regulated by law.

Article (23): 1st - Private property is protected and the owner has the right to

use it, exploit it and benefit from it within the boundaries of the law.

2nd - Property may not be taken away except for the public interest in

exchange for fair compensation. This shall be regulated by law.

3rd - (a) An Iraqi has the right to ownership anywhere in Iraq and no one else

has the right to own real estate except what is exempted by law.

(b) Ownership with the purpose of demographic changes is forbidden.

Article (24): The state shall guarantee the freedom of movement for workers,

goods and Iraqi capital between the regions and the provinces. This shall be

regulated by law.

Article (25): The state shall guarantee the reforming of the Iraqi economy

according to modern economic bases, in a way that ensures complete

investment of its resources, diversifying its sources and encouraging and

developing the private sector.

Article (26): The country shall guarantee the encouragement of investments in

the different sectors. This shall be regulated by law.

Article (27): 1st - Public property is sacrosanct, and its protection is

the duty of every citizen.

2nd - Regulations pertaining to preserving and administrating state property,

the conditions set for using it and the cases when giving up any of the

property may be allowed shall be regulated by law.

Article (28): 1st - Taxes and fees shall not be imposed, amended, collected or

eliminated except by law.

2nd - Low-income people should be exempted from taxes in a way that

guarantees maintaining the minimum level necessary for a living. This shall be

regulated by law.

Article (29): 1st - (a) The family is the foundation of society and the state

should preserve its (the family's) existence and ethical and religious value.

(b) The state shall guarantee the protection of motherhood, childhood and old

age and shall take care of juveniles and youths and provide them with

agreeable conditions to develop their capabilities.

2nd - Children have the right to upbringing, education and care from their

parents; parents have the right to respect and care from their children,

especially in times of want, disability or old age.

3rd - Economic exploitation of children in any form is banned and the state

shall take measures to guarantee their

protection.

4th - Violence and abuse in the family, school and society shall be forbidden.

Article (30): 1st - The state guarantees social and health insurance, the basics

for a free and honourable life for the individual and the family - especially

children and women - and works to protect them from illiteracy, fear and

poverty and provides them with housing and the means to rehabilitate and

take care of them. This shall be regulated by law.

Article (31): 1st - Every Iraqi has the right to health service, and the state is in

charge of public health and guarantees the means of protection and treatment

by building different kinds of hospitals and health institutions.

2nd - Individuals and associations have the right to build hospitals,

dispensaries or private clinics under the supervision of the state. This shall be

regulated by law.

Article (32): The state cares for the disabled and those with special needs and

guarantees their rehabilitation to integrate them in society. This shall be

regulated by law.

Article (33): 1st - Every individual has the right to live in a correct

environmental atmosphere.

2nd - The state guarantees protection and preservation of the environment

and biological diversity.

Article (34): 1st - Education is a main factor for the progress of society and it

is a right guaranteed by the state. It is mandatory in the primary school and

the state guarantees fighting illiteracy.

2nd - Free education is a right for Iraqis in all its stages.

3rd - The state encourages scientific research for peaceful purposes in a way

that benefits humanity and it promotes excelling, creativity and the different

manifestations of excellence.

4th - Private and national education is guaranteed and regulated by law.

PART TWO: Freedoms

Article (35): 1st - (a) The freedom and dignity of a person are protected.

(b) No one may be detained or investigated unless by judicial decision.

(c) All forms of torture, mental or physical, and inhuman treatment are

forbidden. There is no recognition of any confession extracted by force or

threats or torture, and the injured party may seek compensation for any

physical or mental injury that is inflicted.

2nd - The state is committed to protecting the individual from coercion in

thought, religion or politics, and no one may be imprisoned on these bases.

3rd - Forced labour, slavery and the commerce in slaves is forbidden, as is

the trading in women or children or the sex trade.

Article (36): The state guarantees, as long as it does not violate public order

and morality:

1st - the freedom of expressing opinion by all means.

2nd - the freedom of press, publishing, media and distribution.

3rd - freedom of assembly and peaceful protest will be organized by law.

Article (37): 1st - Freedom to establish and belong to political organizations

and parties is guaranteed, and it will be organized by law.

2nd - No person can be forced to join or remain a member of a political party

or organization.

Article (38): The freedom of communications and exchanges by post,

telegraph, telephone and by electronic and other means is guaranteed. They

will not be monitored or spied upon or revealed except for legal and security

necessity in accordance with the law.

Article (39): Iraqis are free in their adherence to their personal status

according to their own religion, sect, belief and choice, and that will be

organized by law.

Article (40): 1st - The followers of every religion and sect are free in:

(a) the practice of their religious rites, including the (Shiite) Husseiniya Rites.

(b) the administration of religious endowments and their affairs and their

religious institutions, and this will be organized by law.

2nd - The state guarantees freedom of worship and the protection of its

places.

Article (41): Every individual has freedom of thought and conscience.

Article (42): 1st - The Iraqi citizen has freedom of movement and travel

and residence within Iraq and outside it.

2nd - No Iraqi can be exiled or forced out or forbidden to return to his nation.

Article (43): 1st - The state is keen to strengthen the role of civil society

groups and to support, develop them and preserve their independence in

accordance with peaceful means to realize legitimate goals. This shall be

regulated by law.

2nd - The state is keen to advance Iraqi tribes and clans and it cares about

their affairs in accordance with religion, law and honourable human values

and in a way that contributes to developing society and it forbids tribal

customs that run contrary to human rights.

Article (44): All individuals have the right to enjoy the rights stated in

international human rights agreements and treaties endorsed by Iraq that

don't run contrary to the principles and rules of this constitution.

Article (45): Restricting or limiting any of the freedoms and liberties stated in

this constitution may only happen by, or according to, law and as long as this

restriction or limitation does not undermine the essence of the right or

freedom.

CHAPTER THREE: THE FEDERAL AUTHORITIES

PART ONE: THE LEGISLATIVE AUTHORITY

Article (47): The federal legislative authority is made up of the Council of

Representatives and the Council of Union.

FIRST: The Council of Representatives (Parliament).

Article (48): 1st - The Council of Representatives is made up of a number of

members at a proportion of one seat for every 100,000 people from the

population of Iraq. They represent the entire Iraqi people and are elected by

general, direct, secret ballot, and they take care to represent all groups

of people.

2nd - A candidate for membership in the Council of Representatives must be

a fully qualified Iraqi.

3rd - Conditions for candidates and voters and everything connected to

elections will be regulated by law.

4th - The Council of Representatives will promulgate a law dealing with

replacing of its members when they resign or are removed or die.

5th - It is not permitted to hold membership in the Council of Representatives

and another official position.

Article (49): Members of the Council of Representatives shall take the

constitutional oath in front of the council before starting their work, as follows:

“I swear by God almighty to carry out my legal duties and responsibilities with

dedication and devotion and to preserve the independence and sovereignty of

Iraq and to look after the interests of its people and to see to the safety of its

land, sky, water, wealth and democratic, federal system and to work to

preserve the public and private freedoms and the independence of the

judiciary and to abide by honestly and impartially implementing the legislation.

God is the witness of what I say.”

Article (50): The Council of Representatives shall establish an internal system

to regulate its work.

Article (51): 1st - The Council of Representatives should determine the

correctness of the membership of a member by a two-third majority within 30

days of the registering of an objection.

2nd - The council's decision may be challenged before the Supreme Federal

Court within 30 days of the day it was issued.

Article (52): 1st - Sessions of the Council of Representatives shall be public

unless it is necessary to do otherwise.

2nd - Sessions reports shall be published in the way the council sees fit.

Article (53): The president of the republic calls on the council to convene by a

presidential decree within 13 days of the date that the results of the general

elections have been certified. The session shall be held under the

chairmanship of the oldest member, to elect the president of the council and

his deputies. Extensions for more than the previously mentioned period are

not allowed.

Article (54): In its first session, the council shall elect by absolute majority its

president, then a first deputy and a second deputy by direct, secret balloting.

Article (55): 1st - The duration of the council's cycle is four calendar years,

starting with the first session and ending by the end of the fourth year.

2nd - The election of a new Council of Representatives takes place 45 days

before the cycle ends.

Article (56): The Council of Representatives has two legislative seasons a

year, running for eight months. Internal rules will determine how they shall be

held. The season in which the general budget is submitted to the council shall

not end before it is approved.

Article (57): 1st - The president of the republic, the prime minister, the

president of the Council of Representatives or 50 members of the council may

call for an extraordinary session, and the meeting shall be confined to the

issues that have made it necessary to call for the session.

2nd - The legislative season for the Council of Representatives may be

extended for no longer than 30 days to accomplish the tasks that require this,

based on a request from the president of the republic, the prime minister, the

president of the Council of Representatives or 50 members.

Article (58): 1st - Quorum for sessions of the Council of Representatives shall

be reached by the attendance of the absolute majority of its members.

2nd - Decisions shall be made in the Council of Representatives by simple

majority, as long as it has not been stated otherwise.

Article (59): The Council of Representatives is given the following duties:

1st - Legislating federal laws.

2nd - (a) Examining draft laws submitted by 10 of the council's members or by

one of its specialized committees.

(b) Examining draft laws suggested by the president of the republic and the

prime minister.

3rd - Overseeing the performance of the executive authority.

4th - Certifying treaties or international agreements by a two-thirds majority of

the members of the Council of Representatives, as will be regulated by law.

5th- Approving the appointments of: (a) the head and members of the Federal

Cassation Court, the head of the General Prosecutors Office and the head of

the Judiciary Inspection Department by absolute majority, based on the

recommendation of the Supreme Judicial Council.

(b) ambassadors and those with special ranks, based on the recommendation

of the Cabinet.

(c) the army chief of staff, his deputies and those who hold the title of division

leader and up, the head of the intelligence service, based on the

recommendation of the Cabinet.

6th - (a) Questioning the president of the republic based on a request that

mentions the reason for questioning, passed by an absolute majority of the

Council of Representatives.

(b) Relieving the president of the republic of his duties by absolute majority of

the members of the Council of Representatives after he has been convicted

from the Supreme Federal Court in one of the following cases:

1 - Violating the constitutional oath.

2 - Violating the constitution.

3 - Grand treason.

7th - (a) A member of the Council of Representatives has the right to ask the

prime minister and the ministers questions about any subject that falls under

any their specialties, and each has the right to answer the members. He/she

who asks the question is the only one who has the right to comment on the

answer.

(b) At least 25 members of the Council of Representatives may propose a

general topic for discussion to clarify the policy or performance of the Cabinet

or one of the ministries, and it is then presented to the president of the

Council of Representatives, and the prime minister or the ministers set a date

to come before the Council of Representatives to discuss it.

(c) A member of the Council of Representatives, with the approval of 25

members, may direct an interpellation to the prime minister or the ministers to

hold them accountable for the affairs under their specialty. Discussing the

interpellation may not take place before seven days from the date it was

submitted.

8th - (a) The Council of Representatives may withdraw confidence from a

minister by absolute majority, and he/she is considered removed from the

date of the withdrawal of confidence. The issue of confidence in a minister

can only be put forth at his request or because of a request signed by 50

members as a result of discussing an interpellation directed to him. The

council may not decide on the request except after at least seven days from

the day it has been submitted.

(b) 1 - The president of the republic may submit a request to the Council of

Representatives to withdraw confidence from the prime minister.

2 - The Council of Representatives, based on a request from one-fifth of its

members, may vote to withdraw confidence from the prime minister. This

request may not be submitted except after an interpellation directed to the

prime minister and after at least seven days from the submission of the

request.

3 - The Council of Representatives decides the withdrawal of confidence from

the prime minister by absolute majority of its members.

(c) The Cabinet shall be dissolved in the case that confidence is withdrawn

from the prime minister.

(d) In the case of a vote withdrawing confidence from the whole Cabinet, the

prime minister and ministers remain in their positions to run the daily affairs

for a period no longer than 30 days until a new Cabinet is formed.

(e) The Council of Representatives has the right to question and relieve the

officials of independent associations from their duties according to the

procedures relating to the ministers and by absolute majority.

9th - (a) Approving the declaration of war and a state of emergency by a twothirds

majority, based on a joint request by the president of the republic and

the prime minister.

(b) The state of emergency may be declared for 30 days, which may be

extended by approving it each time.

(c) The prime minister shall be given the necessary powers to enable him to

run the country's affairs during the period of a declaration of war or a state of

emergency. These powers shall be regulated by law in a way that does

not run contrary to the constitution.

(d) The prime minister presents to the Council of Representatives the

measures adopted and the results during the period of a declaration of war or

a state of emergency within 15 days from the time they have ended.

Article (60): 1st - The Cabinet presents the general budget bill and the final

accounting statement to the Council of Representatives for approval.

2nd - The Council of Representatives has the right to rearrange between the

parts of the general budget, reduce its total amount of money and it may,

when necessary, propose to the Cabinet to increase general costs.

Article (61): 1st - The rights and privileges given to the president of the

Council of Representatives and his deputies and the members of the council

shall be fixed by law.

2nd - a) A member of the Council of Representatives enjoys impunity that

covers the opinions he expresses during the time of convening (the council);

he shall not be sued before courts for this.

b) A member may not be arrested during the duration of the council's cycle

unless he is accused of a felony and by the approval of the absolute majority

of the members that he be stripped of his immunity or if he was arrested redhanded.

Article (62): 1st - The Council of Representatives shall be dissolved by the

absolute majority of its members, based on a request from third of its

members or a request from the prime minister and with the approval of the

president of the republic. The council may not be dissolved while interpellating

the prime minister.

2nd - The president of the republic calls for a general election in the country

no later than 60 days after the council of representatives has been dissolved.

In that case, the Cabinet is considered dissolved and it continues to run the

daily affairs.

SECOND: The Council of Union

Article (63): 1st - A legislative council called the “Council of Union” will be

established and will include representatives of regions and provinces to

examine bills related to regions and provinces.

2nd - The makeup of the council, the conditions for membership and all things

related to it will be organized by law.

PART TWO: THE EXECUTIVE AUTHORITY

Article (64): The federal executive authority consists of the president of the

republic and the Cabinet. It carries out its authorities based on the constitution

and the law.

FIRST The President

Article (65): The president of the republic is the president of the country and

the symbol of the nation's unity and represents the sovereignty of the country

and oversees the guarantees of adherence to the constitution, the

preservation of Iraq's independence and unity and the security of its territory,

in accordance to the law.

Article (66): The candidate for the president's post must:

1st - be Iraqi by birth from Iraqi parents.

2nd - be legally competent and have reached the age of 40.

3rd - have a good reputation and political experience and be known for his

integrity, rectitude, justice and devotion to the homeland.

4th - not have been convicted of a crime that violates honour.

Article (67): The rules of nomination for the president's post shall be regulated

by law.

Article (68): 1st - The Council of Representatives selects from among the

candidates a president of the republic by a two-thirds majority.

2nd - If no single candidate gets the required majority, the two candidates with

the highest votes will compete and whoever wins a majority of votes in the

second round is declared president of the republic.

Article (69): The president of the republic is sworn in in front of the Council of

Representatives, using the wording mentioned in article 49 in the constitution.

Article (70): 1st - The term of president of the republic is limited to 4 years.

2nd - The Council of Representatives elects a new president for the republic,

three months before the end of the former president's term.

Article (71): The president of the republic enjoys the following powers:

(a) issuing special amnesty, upon a recommendation from the prime minister,

to pardon those convicted in international crimes, terrorism, financial or

administrative corruption or crimes against personal rights.

(b) endorsing treaties and international agreements following approval by the

Council of Representatives.

(c) endorsing and issuing laws enacted by the Council of Representatives.

They are considered validated 15 days after the date they were sent to him.

(d) calling for the elected Council of Representatives to convene within a

period not exceeding 15 days from the date that election results are ratified,

and in other cases stated in the constitution.

(e) awarding medals and badges upon recommendation of the prime minister

and in accordance with the law.

(f) receiving ambassadors.

(g) issuing republican protocols.

(h) endorsing execution verdicts issued by the proper courts

(i) taking leadership of the armed forces for ceremonial and commemoration

purposes.

(j) practicing any other presidential powers mentioned in the constitution.

Article (72): The law determines the salary and allowances for the president of

the republic.

Article (73): 1st - The president of the republic can present a written

resignation to the prime minister, and it is considered valid after seven days of

the date it is lodged to the Council of Representatives.

2nd - A «deputy» of the president of the republic replaces the president during

his absence.

3rd - The deputy of the president of the republic replaces the president of the

republic when the post is empty for any reason, and the Council of

Representatives has to elect a new president within a period not exceeding 30

days from the date the post is vacant

4th - In the case when the post of the president of the republic is vacant, the

president of the Council of Representatives replaces the president if there is

no deputy for him, and a new president should be elected in a period not

exceeding 30 days from the time the position is vacant, according to the laws

of the constitution.

SECOND The Cabinet.

Article (74): 1st - The president assigns the candidate of the parliamentary

majority to form a Cabinet during the first 15 days from the date of the first

session of the Council of Representatives.

2nd- The prime minister is assigned to name members of his Cabinet within a

period of 30 days, at the longest, from the date of the assignment.

3rd - The president assigns a new candidate to be the prime minister within

15 days if the prime minister assigned form the cabinet during the period

mentioned in the 2nd Clause fails.

4th - The assigned prime minister presents the names of the members of his

cabinet and its ministerial platform to the Council of Representatives. He is

considered to have won confidence when his ministers are approved

individually and his ministerial platform is approved by an absolute

majority.

5th - The president will take up the assigning of another candidate to form a

cabinet within 15 days if the Cabinet does not win confidence.

Article (75): 1st - The prime minister must meet the conditions set for the

president of the republic. He must have a university degree or an equivalent

and must be no younger than 35.

2nd - Ministers must meet the same conditions set for candidates to the

Council of Representatives. A minister must have a university degree or an

equivalent.

Article (76): The prime minister is the direct executive responsible for the

general policy of the nation, the general commander of the armed forces and

carries out the administration of the Cabinet and presides over its sessions.

The prime minister has the right to remove ministers, with the consent of the

Council of Representatives.

Article (77): The prime minister and the ministers carry out the constitutional

oath of office before the Council of Representatives in the manner laid out in

Article (49) of the constitution.

Article (78): The Cabinet carries out the following duties:

1st - planning and implementing the general policy of the state; general plans;

supervising the work of the ministers and offices not subordinate to a ministry.

2nd - proposing draft laws.

3rd - issuing regulations, instructions and decisions to implement the laws.

4th - preparing the draft of the general budget and the final accounting

statement and development plans.

5th - recommending to the Council of Representatives for approval the

appointments of undersecretaries of ministers, ambassadors, those who have

special ranks; the army chief of staff, his deputies and those who are division

leaders or higher; the head of the national intelligence service and the heads

of the security apparatuses.

6th - negotiating treaties and international agreements and signing them or

designating someone to sign.

Article (79): 1st - The president of the republic becomes the acting prime

minister when the position is empty for any reason.

2nd - The president of the republic must name another prime minister within

no more than 15 days and in accordance with the provisions of Article 74 in

this constitution.

Article (80): The salaries and allowances of the prime minister and the

ministers and those at their rank shall be fixed by law.

Article (81): The responsibility of the prime minister and the ministers before

the Council of Representatives shall be collective and personal.

Article (82): 1st - The work of the security apparatuses and the intelligence

service shall be fixed by law; their duties and powers shall be specified and

they shall work according to the principles of human rights and shall be

subjected to the supervision of the Council of Representatives.

2nd - The national intelligence service is tied to the Cabinet.

Article (83): The Cabinet shall lay down a system of internal rules to regulate

its work.

Article (84): The forming of ministries and their functions and responsibilities

and the powers of the minister shall be regulated by law.

Article (85): The judiciary is independent and will be represented by courts of

different kinds and levels, and they will issue their rulings according to law.

Article (86): Judges are independent, with no authority over them in their

rulings except the law. No authority can interfere in the judiciary or in the

affairs of justice.

Article (87): The federal judiciary will include the Supreme Judiciary Council,

the Supreme Federal Court, the Federal Cassation Court, the Prosecutor's

Office, the Judiciary Inspection Department and other federal courts that are

organized by law.

FIRST: The Supreme Judiciary Council

Article (88): The Supreme Judiciary Council will administer judicial affairs in

accordance with the law.

Article (89): The Supreme Judiciary Council will exercise the following powers:

1st - administering and supervising the federal judiciary system.

2nd - nominating the head and members of the Supreme Federal Court and

presenting their names to parliament for endorsement.

3rd - nominating the head of the Federal Cassation Court, the chief

prosecutor and the head of the Judiciary Inspection Department, and

presenting them to parliament for approval.

4th - proposing the annual budget for the federal judiciary system and

presenting it to parliament for approval.

SECOND: The Supreme Federal Court

Article (90): 1st - The Supreme Federal Court is an independent judicial

body, financially and administratively, its work and its duties will be defined by

law.

2nd - The Supreme Federal Court will be made up of a number of judges and

experts in Sharia (Islamic Law) and law, whose number and manner of

selection will be defined by a law that should be passed by two-thirds of the

parliament members.

Article (91): The Supreme Federal Court will have the following duties:

1st - overseeing the constitutionality of federal laws before they are issued.

2nd - overseeing the constitutionality of the laws and standing regulations.

3rd - interpreting the text of the constitution.

4th - ruling in cases that emerge from the implementation of federal laws.

5th - ruling in disputes between the federal government and the governments

of the regions and the provinces and local administrations.

6th - ruling in disputes between the governments of the regions or provinces.

7th - ruling in accusations against the president of the republic, the prime

minister and the ministers.

8th - endorsing the final results of parliamentary general elections.

Article (92): Resolutions of the Supreme Federal Court are binding for all

authorities.

THIRD: General Provisions:

Article (93): Establishing private or exceptional courts is forbidden.

Article (94): The law shall regulate the establishment of courts, their kinds,

degrees, duties and the means of appointing judges, members of the General

Prosecutors Office, the provisions for disciplining them and moving them into

retirement.

Article (95): Judges shall not be impeached except in the cases determined

by law; the law will also specify the rules pertaining to them and regulate

disciplinary actions against them.

Article (96): It is forbidden for a judge or a member of the prosecution to:

1st -simultaneously hold a judicial position and a legislative or executive

position or any other job.

2nd - belong to any party or political organization or engage in any political

activity.

Article (97): The military judiciary shall be fixed by law and the responsibilities

of the military courts, which are limited to crimes with a military nature

committed by members of the armed forces and security forces, shall be

specified within the limits of the law.

Article (98): It is forbidden to legislate into a law provisions protecting any

administrative action or decision from being challenged in court.

Article (99): It is permissible by law to establish a state council to handle the

tasks of the administrative judiciary, advising, phrasing, representing the state

and all other public associations in front of the judiciary, except what the law

exempts.

PART FOUR: INDEPENDENT ASSOCIATIONS

Article (100): The Supreme Commission for Human Rights and the Supreme

Independent Commission for Elections and the Integrity Agency are

considered independent associations subject to the supervision of the Council

of Representatives. Their work is regulated by law.

Article (101): 1st - The Iraqi Central Bank, the Financial Inspection Office, the

media and communications agency, and the offices of (religious) endowments

are considered financially and administratively independent associations.

Each of their activities is regulated by law.

2nd - The Iraqi central bank is responsible before the Council of

Representatives, and the Financial Inspection Office and the media and

communications agency are tied to the Council of Representatives.

3rd - Offices of endowments are affiliated to the Cabinet

Article (102): An agency shall be established called the Institution of the

Martyrs, affiliated to the Cabinet, and its operations and powers will be

regulated by law.

Article (103): A public agency will be founded to guarantee the right of the

regions and of provinces that do not belong to a region to fair participation in

the administration of the various federal state institutions, missions,

fellowships, delegations and regional and international conferences. It shall be

made up of representatives of the federal government, regions and

provinces that do not belong to a region, and it shall be regulated by law.

Article (104): A general body shall be established by law to monitor and

allocate federal incomes; the body shall consist of experts from the federal

government, the regions and the provinces and representatives from them. It

should shoulder the following responsibilities:

1st - verifying fairness in distribution of international grants, aid and loans

based on what the regions and the provinces that do not belong to a region

deserve.

2nd -ensuring that federal financial resources are being used and distributed

in the best way.

3rd - ensuring transparency and justice when allocating money to the regional

governments and provinces according to the decided ratios.

Article (105): A council, to be called the federal public service council, shall be

established and it shall be responsible for regulating the affairs of the federal

public office, including appointments and promotions. Its formation and

responsibilities shall be regulated by a law.

Article (106): It is allowed to establish other independent associations

according to need and necessity and by law.

CHAPTER FOUR: POWERS OF THE FEDERAL AUTHORITIES

Article (107): The federal authority will maintain the unity of Iraq, its integrity,

independence, sovereignty and its democratic federal system.

Article (108): The federal authorities will have the following exclusive powers:

1st - drawing up foreign policy, diplomatic representation, negotiating

international accords and agreements, negotiating and signing debt

agreements, drawing up foreign sovereign economic and trade policies.

2nd - drawing up and executing national defence policy including setting up

and operating the armed forces to ensure the protection and security of Iraq's

borders and its defence.

3rd - drawing up financial and customs policy, issuing currency, organizing

trade policy among regions and provinces in Iraq, setting the general budget

for the nation, drawing up currency policies and establishing and

administering a central bank.

4th - organizing issues of weights and measures.

5th - organizing issues of nationality and naturalization, residence and asylum

rights.

6th - organizing a policy of broadcast wavelengths and the mail.

7th - setting the general and investment budgets.

8th - planning policies connected to water resources from outside Iraq and

guaranteeing levels of water flow into Iraq, according to international law and

custom.

9th - conducting the general census of the population.

Article (109): Oil and gas is the property of all the Iraqi people in all the

regions and provinces.

Article (110): 1st - The federal government will administer oil and gas

extracted from current fields in cooperation with the governments of the

producing regions and provinces on condition that the revenues will be

distributed fairly in a manner compatible with the demographical distribution

all over the country. A quota should be defined for a specified time for affected

regions that were deprived in an unfair way by the former regime or later on,

in a way to ensure balanced development in different parts of the country.

This should be regulated by law.

2nd - The federal government and the governments of the producing regions

and provinces together will draw up the necessary strategic policies to

develop oil and gas wealth to bring the greatest benefit for the Iraqi people,

relying on the most modern techniques of market principles and encouraging

investment.

Article (111): All that is not written in the exclusive powers of the federal

authorities is in the authority of the regions. In other powers shared between

the federal government and the regions, the priority will be given to the

region's law in case of dispute.

Article (112): The following duties will be shared by the federal and regional

authorities:

1st - administering and organizing customs, in coordination with the regional

government, and this will be regulated by law.

2nd - organizing and distributing the main electrical power resources.

3rd - drawing up environmental policy to guarantee the protection of the

environment from pollution and the preservation of its cleanliness, in

cooperation with the regions.

4th - drawing up general planning and development policies.

5th - drawing up general health policy, in cooperation with the regions.

6th - drawing up general education and childrearing policy, in consultation

with the regions.

CHAPTER FIVE: AUTHORITIES OF THE REGIONS

Article (113): The federal system in the republic of Iraq is made up of the

capital, regions, decentralized provinces, and local administrations.

Article (114): 1st - The regions comprise one province or more, and two

regions or more have the right to join into one region.

2nd - One province or more have the right to form a region, based on a

request for a referendum, which can be presented in one of two ways:

a) a request by a third of the members of each of the provincial councils in the

provinces that desire to form a region.

b) a request by 1/10 (one-tenth) of the voters in each of the provinces that

desire to form a region.

3rd - a) The general referendum is held among the residents of the particular

provinces concerned with what is referred to in «1st» of this article. The

referendum takes place when the provincial councils are in session, and the

referendum is considered a success with the agreement of the majority

of voters.

b) the referendum is not repeated, unless 2/3 (two-thirds) of the members in

each of the provincial councils, or ¼ (one-quarter) of the concerned provinces'

residents, put forward a request for a new referendum.

Article (115): The authorities of each region include legislative, executive and

judicial authorities.

Article (116): 1st - The governments of regions have the right to practice

legislative, executive and judicial powers according to this constitution, except

in what is listed as exclusive powers of the federal authorities.

2nd - The regional authority has the right to amend the implementation of the

federal law in the region in the case of a contradiction between the federal

and regional laws in matters that do not pertain to the exclusive powers of the

federal authorities.

3rd - It is permissible to delegate the authorities practiced by the federal

government to the regional governments and vice versa, with the approval of

both.

4th - A fair share of the revenues collected federally is designated to regions,

in a way that suffices their duties and obligations, taking into consideration the

(region's) resources and needs.

5th - Offices for regions and provinces are to be established in embassies and

diplomatic missions to follow up on cultural, social and local development

affairs.

PART ONE: LEGISLATIVE AUTHORITIES OF THE REGION.

Article (117): The legislative authority of a region consists of one council

called the National Council for the Region.

Article (118): Members of the National Council for the Region are elected

by residents of the region through universal direct secret ballot.

Article (119): 1st - The National Council for the Region devises the regional

constitution, stipulates laws, in a way that does not contradict with this

constitution and the federal laws.

2nd - The regional constitution is put up for a referendum to the residents of

the region and becomes effective after approval by a majority and its

publication in the official newspaper.

PART TWO: EXECUTIVE AUTHORITIES OF THE REGION.

Article (120): The executive authority is made up of the president of the region

and the regional cabinet.

Article (121): The executive authority carries out its responsibilities as

designated in the regional constitution, in a way that does not contradict this

constitution.

FIRST: The president of the region

Article (122): The president of the region is the highest executive president in

the region.

Article (123): The president of the region is elected according to the

constitution of the region.

Article (124): The constitution of the region determines the responsibilities of

the president and the authorities designated to the regional constitutional

agencies in a way that does not contradict this constitution.

SECOND: The Cabinet of the region

Article (125): The Cabinet is the highest executive authority in the region and

practices its authorities under the supervision and guidance of the president of

the region.

Article (126): The Cabinet consists of the prime minister and a number of

ministers set according to the constitution of the region.

Article (127): The Cabinet practices the authorities accorded to it following the

constitution of the region.

Article (128): 1st - The revenues of the region are made up of its designated

share from the state budget and from the region's local resources.

2nd - The Cabinet of the region prepares the annual budget for the region and

the final expense account, and a law is issued for them by the National

Council for the Region. The Cabinet presents a copy of the region's general

budget and the final expense account to the federal finance ministry, after

they are approved by the National Council for the region.

Article (129): The region's government is responsible for all that is required to

manage the region, in particular establishing and organizing internal security

forces for the region such as police, security and regional guards.

PART THREE: JUDICIAL AUTHORITIES OF THE REGION

Article (130): The judicial authority of the region consists of the judicial council

of the region, the courts, the prosecutor’s offices, and the regional court of

cassation is considered the highest judicial authority in the region.

Article (131): The types of courts, their levels and specializations are

organized according to the judicial authority law of the region, provided it does

not contradict this constitution.

PART FOUR: PROVINCES NOT ORGANIZED INTO A REGION

Article (132): 1st - Provinces consist of districts, counties and villages.

2nd - Provinces that were not included into a region are given extensive

administrative and financial authorities to enable them to self-manage

according to the principal of administrative decentralization, and this is

regulated by law.

3rd - The provincial governor, who is elected by the provincial council, is

considered the highest executive president of the province to carry out the

responsibilities designated to him by the council.

4th - The election of the provincial council, the governor and their authorities

will be regulated by law.

5th - The provincial council is not subject to the domination or the supervision

of any ministry or any party unrelated to a ministry, and it has its independent

finances.

Article (133): It is permissible to delegate the federal government's authorities

to the provinces or vice versa, with the two parties' approval, and this is

regulated by law.

PART FIVE: THE CAPITAL

Article (134): Baghdad with its administrative boundaries is the capital of the

republic of Iraq, and it consists of the province of Baghdad with its

administrative boundaries, and its status is regulated through a law.

PART SIX: LOCAL ADMINISTRATIONS

Article (135): This constitution guarantees the administrative, political, cultural,

educational rights for the various ethnicities such as Turkomen, Chaldeans,

Assyrians, and the other components, and this is regulated through a law.

CHAPTER SIX: FINAL AND TRANSITIONAL GUIDELINES

FIRST: FINAL GUIDELINES

Article (136): 1st - The president of the republic and the Cabinet together, or

one- fifth of the members of the Council of Representatives, can suggest

amending the constitution.

2nd - The basic principles of the constitution mentioned in Chapter One of this

constitution cannot be amended, except after two consecutive parliament

cycles and based on the consent of two-thirds of the members of the Council

of Representatives, a public referendum and the endorsement of the

president of the republic within seven days.

3rd - Other items not covered by the 2nd clause of this article can only

amended by two-thirds of the members of the Council of Representatives, the

consent of the people in a general referendum and the endorsement of the

president within seven days.

4th - No amendment is allowed that lessens the powers of the regions that are

not among the exclusive powers of the federal authority, except with the

agreement of the legislative council of the concerned region and the consent

of a majority of its population in a general referendum.

5th - An amendment is considered in effect upon the date of its publication in

the official gazette.

Article (137): It is not permitted for the president of the republic, the prime

minister and Cabinet, the president of the Council of Representatives and its

members and delegates, members of the judicial authority and holders of

special positions to use their influence to buy or rent anything from the

finances of the state or to sell or rent to the state anything from their own

finances or to bring suit against the state over these things or to strike

contracts with the state in their capacity as concessionairies, importers or

contractors.

Article (138) : Laws and judicial rulings are issued in the name of the people.

Article (139): Laws are published in the official gazette, and are in effect from

the publishing date as long as it is not legislated otherwise.

Article (140): Legislation remains in effect as long as it is not nullified or

amended in accordance to the rules of this constitution.

Article (141): Every referendum mentioned in this constitution is passed by a

simple majority unless mentioned otherwise.

SECOND: TRANSITIONAL GUIDELINES

Article (142): 1st - The state guarantees the welfare of political prisoners and

those who were harmed by the practices of the former dictatorial regime.

2nd - The state guarantees compensation to the families of martyrs and those

who were wounded by terrorist acts.

3rd - What is provided for in these first and second clauses will be regulated

by law.

Article (143): The Council of Representatives shall rely in its first session on

the internal organization of the Transitional National Assembly until its own

internal organization is decided.

Article (144): The Supreme Iraqi Criminal Court will continue its activities as

an independent judicial agency, looking into the crimes of the dictatorial

regime and its leading figures. The Council of Representatives can

dissolve it by law once its work is finished.

Article (145): 1st - The National De-Baathification Committee will continue its

work as an independent body in coordination with the judiciary and the

executive authorities in the framework of law regulating its work. The

committee is linked to the Parliament.

2nd - The Council of Representatives can dissolve the committee after it

finishes its work.

3rd - It is a condition upon candidates for the positions of president of the

republic, prime minister, ministers, parliament speaker and parliament

members, head of the Federal Council and its members and all similar posts

in the regions, and members of the judiciary and other posts included under

de-Baathification, that they not be included under the provisions of de-

Baathification.

4th - The condition mentioned in the 3rd clause of this article will remain in

effect until it is abolished by law.

Article (146): 1st - The Property Claims Agency will continue its operations as

an independent body in coordination with judicial authorities and executive

bodies in accordance with the law, and it is linked to the Council of

Representatives.

2nd - The Council of Representatives can dissolve the agency by a two-thirds

majority.

Article (147): Rules in articles concerning the Council of Union wherever they

appear in this constitution will not come into effect until a decision is reached

by the Council of Representatives, with a two-thirds majority, in its second

cycle following the enactment of this constitution.

Article (148): 1st - The phrase (Presidential Council) replaces the phrase

(President of the Republic) wherever it appears in this constitution, and

regulations concerning the president of the republic will come into effect after

one session following the enactment of this constitution.

2nd - (a) The Council of Representatives will elect a president for the nation

and two deputies for him to form a council called the Presidential Council. It

will be elected in one list with a two-thirds majority.

(b) The rules for removing the president of the republic in this constitution

apply to the president and members of the Presidential Council.

(c) The Council of Representatives can remove any member of the

Presidential Council for reasons of lack of competence or integrity with a

three-quarters majority vote by its members.

(d) If any position in the Presidential Council should come empty, the Council

of Representatives shall elect a replacement by a two-thirds majority.

3rd - Members of the Presidential Council must meet the same conditions as

those for a member of the Council of Representatives, that they must:

(a) have reached 40 years of age.

(b) possess a good reputation, integrity and uprightness.

(c) have left the dissolved party at least 10 years before its fall if they were

members in it.

(d) not have participated in the repression of the 1991 uprising or the Anfal

Campaign or have committed any crime against the Iraqi people.

4th - The Presidential Council must take its decisions unanimously, and any

member can delegate his position to one of the other two members.

5th - (a) Laws and resolutions passed by the Council of Representatives are

sent to the Presidential Council for approval by unanimity, to be issued within

10 days of the date of their arrival at the council.

(b) If the Presidential Council does not approve, the laws and resolutions are

returned to the Council of Representatives to examine the aspects that were

objected to and to vote on them once more by majority, whereupon they are

sent again to the Presidential Council for approval.

(c) If the Presidential Council does not approve the laws or resolutions again

with 10 days of their arrival, they are returned to the Council of

Representatives which can adopt them by a three-fifths majority of its

members. This cannot be opposed and it is considered approved.

6th - The Presidential Council practices the powers provided for the president

of the republic until the issuing of a decision by the Council of Representatives

as provided for in the 1st clause of this article.

Article (149): 1st - The executive authority will take the necessary steps to

complete implementation of the requirements of Article (58) of the Transitional

Administration Law for the Iraqi State, with all its clauses.

2nd - The responsibilities placed on the executive authority provided for in

Article (58) of the Transitional Administration Law for the Iraqi State are

extended to and will continue for the executive authority until the completion

of (normalization, census, ending with a census in Kirkuk and other disputed

areas to determine the will of the people) in a period no longer than

12/31/2007.

Article (150): Laws legislated in Kurdistan since 1992 remain in effect, and

decisions made by the government of the Kurdistan region - including

contracts and court decisions - are effective unless they are voided or

amended according to the laws of the Kurdistan region by the concerned body,

as long as they are not against the constitution.

Article (151): A proportion of no less than 25 percent of the seats in the

Council of Representatives is specified for the participation of women.

Article (152): The Transitional Administration Law for the Iraqi State and its

appendix are voided upon creation of the new government, except for what

appears in paragraph (a) of Article (53) and Article (58) of the Transitional

Administration Law.

Article (153): This constitution comes into effect after its approval by the

people in a universal referendum and its publication in the official newspaper

and the election of the Council of Representatives in accordance with its

provisions.




No comments:

Post a Comment