|
|
|
|
Map of Middle East |
Middle East Review of International Affairs
Special bonus: Iraq's draft Constitution in English translation
Abstract
Author's Note: The Arabic text of the constitution was found on the Iraqi website, "Encyclopedia of the Two Rivers," Mawsu'at al-Nahrayn, www.nahrain.com. The English translation I have used comes from the Foreign Broadcast Information Service.
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 Jan. 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 Halabjah, Barzan, Anfal and against the Fayli 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):
1. Islam is the official religion of the state and is a basic source of legislation:
(a) No law can be passed that contradicts the fixed principles 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.
2. 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 of people like Christians, Yazidis, and Mandaean Sabians.
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):
1. 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, Assyrian, Syriac, or Armenian, in government educational institutions, or any other language in private educational institutions, according to educational regulations.
2. 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, the cabinet, courts and official conferences, in either of the two languages.
(c) Recognition of official documents and correspondences in the two languages and the issuance 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 bank notes, passports, stamps.
3. Federal agencies and institutions in the Kurdistan region use both languages.
4. The Turkomen and Syriac languages are official languages in administrative areas where Turkomans and Syrians are the majority of the population.
5. Any region or province can take a local language as an additional official language if a majority of the population approves in a public referendum.
Article (5):
The law is sovereign and the people are the source of powers and their legitimacy. The people shall exercise these powers through direct and secret ballot and through their constitutional institutions.
Article (6):
Government should be rotated peacefully through the democratic means stipulated in this constitution.
Article (7):
1. Entities or trends that advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Party in Iraq and its symbols, under any name. They will not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
2. The state will be committed 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 neighborliness and by not interfering 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):
1. (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 Defense 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 Defense 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, assess threats to national security, and offer advice to the Iraqi Government. It is under civilian control; it is subjected to the supervision of the legislative power; 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 nonproliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons. Associated equipment, material, technologies, and communication systems for use in the development, manufacture, production, and use of such weapons shall be banned.
2. 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 practice of (religious) rites freely in them.
Article (11): Baghdad is the capital of the republic of Iraq.
Article (12):
1. The flag, emblem and national anthem of Iraq shall be regulated by law in a way that symbolizes the components of the Iraqi people.
2. Medals, official holidays, religious and national occasions and the official calendar shall be regulated by law.
Article (13):
1. This constitution shall be considered the supreme and highest law in Iraq. It shall be binding throughout the whole country without exceptions.
2. 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, color, religion, sect, belief, opinion or social or economic status.
Article (15):
Every individual has the right to life, security, and freedom, and cannot be deprived of these rights or have them restricted except in accordance with 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):
1. Each person has the right to personal privacy as long as it does not violate the rights of others or public morality.
2. The sanctity of the home is protected. They cannot be entered, searched, or violated except by a judicial decision and in accordance with the law.
Article (18):
1. An Iraqi is anyone who is born to an Iraqi father or an Iraqi mother.
2. Iraqi nationality is a right for all Iraqis and it is the basis of their citizenship.
3. (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.
4. 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.
5. Iraqi citizenship may not be granted for the purposes of a policy of population settlement disrupting the demographic makeup in Iraq.
6. Citizenship regulations shall be determined by law, and the proper courts should hear suits arising from the regulations.
Article (19):
1. The judiciary is independent, with no power above it other than the law.
2. 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.
3. Trial by judiciary is a right protected and guaranteed to all.
4. The right to defense is sacred and guaranteed in all stages of investigation and trial.
5. The accused is innocent until his guilt is proven in a just and legal trial. The accused cannot be tried for the same charge again after he has been freed unless new evidence appears.
6. Every individual has the right to be treated in a just manner in all judicial and administrative procedures.
7. Court sessions will be open unless the court decides to make them secret.
8. Punishment is for individuals.
9. Laws do not apply retroactively unless otherwise has been legislated, and this exception does not include laws of taxes and duties.
10. Punitive law shall not be applied retroactively unless it is best for the defendant.
11. The court shall appoint an attorney to defend defendants charged with a felony or a misdemeanor who do not have an attorney and it shall be at the state's expense.
12. (a) (Arbitrary) detention shall not be allowed.
(b) Arrest or imprisonment is not allowed in places other than those designated for that according to laws of prisons that are covered by health and social services and that are under the control of the state.
13. 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 the 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):
1. An Iraqi shall not be handed over to foreign bodies and authorities.
2. 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.
3. 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):
1. Work is a right for all Iraqis in a way that guarantees them a good life.
2. The law regulates the relationship between employees and employers on an economic basis, while keeping in consideration rules of social justice.
3. The state guarantees the right to form or join syndicates or professional unions. This shall be regulated by law.
Article (23):
1. 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.
2. Property may not be taken away except for the public interest in exchange for fair compensation. This shall be regulated by law.
3. (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):
1. Public property is sacrosanct, and its protection is the duty of every citizen.
2. 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 not be allowed shall be regulated by law.
Article (28):
1. Taxes and fees shall not be imposed, amended, collected or eliminated except by law.
2. Low-income people should be exempted from taxes in a way that guarantees maintaining the minimum level necessary for living. This shall be regulated by law.
Article (29):
1.
(a) The family is the foundation of society and the state should preserve its (the family's) existence and its religious, ethical, and national 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.
2. 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.
3. Economic exploitation of children in any form is banned and the state shall take measures to guarantee their protection.
4. Violence and abuse in the family, school and society shall be forbidden.
Article (30):
1. The state guarantees social and health insurance and the basics for a free and honorable life for the individual and the family -- especially children and women. The state shall also provide them with a suitable income and housing.
2.The state guarantees social security for Iraqis in case of old age, sickness, disability, homelessness, death of parents, and unemployment. The state shall also work to protect Iraqis from illiteracy, fear and poverty and provide them with housing and the means to rehabilitate and take care of them. This shall be regulated by law.
Article (31):
1. Every Iraqi has the right to health care, 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.
2. 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):
1. Every individual has the right to live in a healthy environmental atmosphere.
2. The state guarantees protection and preservation of the environment and biological diversity.
Article (34):
1. Education is a main factor for the progress of society and it is a right guaranteed by the state. It is mandatory in the elementary school and the state guarantees fighting illiteracy.
2. Free education is a right for Iraqis in all its stages.
3. The state encourages scientific research for peaceful purposes in a way that serves humanity and it promotes excellence, creativity, and innovation, and the different manifestations of excellence.
4. Private and national education is guaranteed and regulated by law.
PART TWO: FREEDOMS
Article (35):
1. (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 wronged party may seek compensation for any physical or mental harm that is inflicted.
2. The state is committed to protecting the individual from coercion in thought, religion or politics, and no one may be imprisoned on these bases.
3. Forced labor, slavery, and slave trade 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:
(a) The freedom of expression by all means.
(b) The freedom of the press, publishing, media and distribution.
(c) Freedom of assembly and peaceful protest will be organized by law.
Article (37):
1. Freedom to establish and join political organizations and parties is guaranteed, and it will be organized by law.
2. 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): Every individual has freedom of thought, conscience, and belief
Article (41):
1. The followers of every religion and sect are free in:
(a) The practice of their religious rites, including the (Shiite) Husayniyah rites.
(b) The administration of religious endowments and their affairs and their religious institutions, and this will be organized by law.
2. The state guarantees freedom of worship and the protection of its places.
Article (42):
1. The Iraqi citizen has freedom of movement and travel and residence within Iraq and outside it.
2. No Iraqi can be exiled or forced out of or forbidden to return to his homeland.
Article (43):
1. The state is keen to strengthen the role of civil society groups and to support, develop and preserve their independence in accordance with peaceful means to realize legitimate goals. This shall be regulated by law.
2. The state is keen to advance Iraqi tribes and clans and it cares about their affairs in accordance with religion and law. The state will also entrench their honorable human values in a way that contributes to developing society and will forbid tribal customs that violate human rights.
Article (44): All individuals have the right to enjoy the rights stated in international human rights agreements and treaties endorsed by Iraq and that do not 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 POWERS
Article (46): The federal powers include the legislative, executive, and judiciary powers. Each will have its jurisdiction and carry out its tasks based on the principle of the separation of powers.
PART ONE: THE LEGISLATIVE POWER.
Article (47): The federal legislative power is made up of the Council of Representatives and the Council of Union.
FIRST: THE COUNCIL OF REPRESENTATIVES (PARLIAMENT)
Article (48):
1. 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 it should be taken into consideration that all groups of the Iraqi people are represented in the council.
2. A candidate for membership in the Council of Representatives must be a fully qualified Iraqi.
3. Conditions for candidates and voters and everything connected to elections will be regulated by law.
4. The elections law aims at achieving a representation percentage of women that is not less than one quarter of the council's members
5. The Council of Representatives will promulgate a law dealing with the replacement of its members when they resign or are removed or die.
6. 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 a bylaw to regulate its work.
Article (51):
1. 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.
2. The council's decision may be challenged before the Supreme Federal Court within 30 days of the day it was issued.
Article (52):
1. Sessions of the Council of Representatives shall be public unless it is necessary to do otherwise.
2. 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 and secret balloting.
Article (55):
1. The duration of the council's session is four calendar years, starting with the first session and ending by the end of the fourth year.
2. The election of a new Council of Representatives takes place 45 days before the session ends.
Article (56): The Council of Representatives has two legislative seasons a year, running for eight months. The bylaw 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):
1. 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.
2. 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):
1.(a) Quorum for sessions of the Council of Representatives shall be reached by the attendance of the absolute majority of its members.
(b) Decisions shall be made in the Council of Representatives by simple majority, after quorum had been reached, as long as it has not been stated otherwise.
2. (a) Draft laws shall be presented by the president of the republic and the cabinet.
(b) Bills shall be presented by ten of the members of the Council of Representatives, or by one of its competent committees.
Article (59): The Council of Representatives is given the following duties:
1. Legislating federal laws.
2. Overseeing the performance of the executive authority.
3. Endorsing treaties or international agreements by a two-thirds majority of the members of the Council of Representatives will be regulated by law.
4. Electing the President of the republic
5. 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.
6. (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 by the Supreme Federal Court in one of the following cases:
1. Violating the constitutional oath.
2. Violating the constitution.
3. Grand treason.
7. (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.
8.(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 posts to run the daily affairs for a period no longer than 30 days until a new Cabinet is formed in accordance with Article 74 of this constitution.
(e) The Council of Representatives has the right to question and relieve the officials of independent associations from their duties according to the procedures related to the ministers and by absolute majority.
9. (a) Approving the declaration of war and a state of emergency by a two-thirds 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 a law 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):
1. The Cabinet presents the general budget bill and the final accounting statement to the Council of Representatives for approval.
2. The Council of Representatives has the right to rearrange the parts of the general budget, reduce its total amount of money, and it may, when necessary, propose to the Cabinet to increase general expenditure.
Article (61):
1. The rights and privileges given to the president of the Council of Representatives and his deputies and the members of the council shall be determined by law.
2. 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 session 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 red-handed.
c) A member may not be arrested after the end of the session unless he is accused of a felony and by the approval of the speaker of the Council of Representatives that he be stripped of his immunity, or if he was arrested red-handed.
Article (62):
1. The Council of Representatives shall be dissolved by the absolute majority of its members, based on a request by one 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 during the interpellation of the prime minister.
2. The president of the republic calls for general elections 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):
1. A legislative council called the "Council of Union" will be established and will include representatives of regions and governorates that are not part of regions, the makeup of the council, the conditions for its membership, its jurisdiction, and all things related to it will be regulated by law.
PART TWO: THE EXECUTIVE POWER
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:
1. Be Iraqi by birth from Iraqi parents.
2. be legally competent and have reached the age of 40.
3. Have a good reputation and political experience and be known for his integrity, rectitude, justice and devotion to the homeland.
4. Not have been convicted of a crime that violates honor.
Article (67): The rules of nomination for the president's post shall be regulated by law.
Article (68):
1. The Council of Representatives selects from among the candidates a president of the republic by a two-third majority.
2. 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 before the Council of Representatives, using the wording mentioned in article 49 in the constitution.
Article (70):
1. The term of president of the republic is limited to 4 years and he can be elected for only a second term.
2. (a) The term of the president of the republic ends with the end of the term of the Council of Representatives.
(b) The president of the republic continues to perform his tasks until after the election of the new Council of Representatives and after it convenes and a new president of the republic should be elected within 30 days of the council's first meeting.
(c) In case the post of the president of the republic becomes vacant, the Council of Representatives elects a new president for the republic to complete the remaining term of the president of the republic.
Article (71): The president of the republic enjoys the following powers:
(a) Issuing special amnesty, upon a recommendation from the prime minister, except crimes related to personal rights and those convicted in international crimes, terrorism, and financial and administrative corruption.
(b) Endorsing treaties and international agreements following approval by the Council of Representatives. They are considered validated 15 days after the date they were received.
(c) Endorsing and issuing laws enacted by the Council of Representatives. They are considered validated 15 days after the date they were received.
(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 the credentials of ambassadors.
(g) Issuing republican decrees.
(h) Endorsing execution verdicts issued by the competent courts.
(i) Taking leadership of the armed forces for ceremonial and commemoration purposes.
(j) Practicing any other presidential powers mentioned in this constitution.
Article (72): The law determines the salary and allowances for the president of the republic.
Article (73):
1. 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.
2. A "deputy" of the president of the republic replaces the president during his absence.
3. The deputy of the president of the republic replaces the president of the republic when the post is vacant for any reason, and the Council of Representatives has to elect a new president within a period not exceeding 30 days after the post becomes vacant
4. In the case when the post of the president of the republic is vacant, the speaker 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, in accordance with to the articles of this constitution.
SECOND: THE CABINET
Article (74):
1. The president assigns the candidate of the parliamentary majority to form a Cabinet within 15 days after the first session of the Council of Representatives except in the case stipulated in point b, in the second paragraph of Article 70 of this constitution. This appointment should take place within 15 days after the president of the republic is elected.
2. The prime minister is assigned to name members of his Cabinet within a period of no more than 30 days, at the longest, from the date of the assignment.
3. The president assigns a new candidate to be the prime minister within 15 days if the prime minister assigned to form the cabinet during the period mentioned in the second clause fails.
4. 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.
5. 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):
1. 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.
2. 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 formula mentioned in Article (49) of the constitution.
Article (78): The Cabinet carries out the following duties:
1. Planning and implementing the general policy of the state; general plans; supervising the work of the ministries and offices not subordinate to a ministry.
2. Proposing draft laws.
3. Issuing regulations, instructions and decisions to implement the laws.
4. Preparing the draft of the general budget and the final accounting statement and development plans.
5. 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 assistants and those who are division commanders or above; the head of the national intelligence service and the heads of the security apparatuses.
6. Negotiating treaties and international agreements and signing them or designating someone to sign.
Article (79):
1. The president of the republic becomes the acting prime minister when the position is empty for any reason.
2. 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):
1. The work of the security apparatuses and the intelligence service shall be regulated 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.
2. The national intelligence service is affiliated to the Cabinet.
Article (83): The Cabinet shall lay down a system of internal rules to regulate its work.
Article (84): The structure of ministries and their functions and responsibilities and the powers of the minister shall be regulated by law.
PART THREE: THE JUDICIARY
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 the 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 regulated by the law.
FIRST: THE SUPREME JUDICIARY COUNCIL
Article (88): The Supreme Judiciary Council will administer the judicial establishments' affairs.The law defines how it is formed, jurisdictions, and the rules of work within it.
Article (89): The Supreme Judiciary Council will exercise the following powers:
1. Administering and supervising the judicial affairs and the federal judiciary system.
2. Nominating the head and members of the Supreme Federal Court and the head of the Federal Cassation Court, the chief prosecutor and the head of the Judiciary Inspection Department and presenting their names to parliament for endorsement.
3. Proposing the annual budget for the federal judiciary system and presenting it to parliament for approval.
SECOND: THE SUPREME FEDERAL COURT
Article (90): 1. The Supreme Federal Court is an independent judicial body, financially and administratively, its work and its duties will be defined by law.
2. The Supreme Federal Court will be made up of a number of judges and experts in Sharia (Islamic Law) and law, whose number and how they are selected 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:
1. Overseeing the constitutionality of federal laws and standing regulations.
2. Interpreting the text of the constitution.
3. Ruling in cases that emerge from the implementation of federal laws and the decisions, regulations, instructions, and measures that are made by the federal authority.The law guarantees the right of the Cabinet and the individual concerned and others to contest directly at the court.
4. Ruling in disputes between the federal government and the governments of the regions and the provinces and local administrations.
5. Ruling in disputes between the governments of the regions or governorates.
6. Ruling in accusations against the president of the republic, the prime minister and the ministers and this is regulated by a law.
7. Endorsing the final results of parliamentary general elections.
8. Ruling in disputes over jurisdiction between the federal judiciary and the judicial bodies of the regions and governorates that are not part of a region.
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 relieved of their duties except in the cases determined by the 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:
1. Simultaneously hold a judicial position and a legislative or executive position or any other job.
2. Belong to any party or political organization or engage in any political activity.
Article (97): The military judiciary shall be regulated by a 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 BODIES
Article (100): The Higher Human Rights Commission, the Independent Electoral Commission of Iraq, and the Integrity Commission shall be considered independent bodies and be monitored by the Council of Representatives. Their works shall be regulated by law.
Article (101):
1. The Central Bank of Iraq, the financial monitoring office, the media and communications commission, and the endowment offices shall be considered financially and administratively independent bodies. The work of each of them will be regulated by law.
2. The Central Bank of Iraq shell be responsible before the Council of Representatives and the financial monitoring office and the media and communications commission shall be affiliated with the Council of Representatives.
3. The endowment offices shall be affiliated with the council of ministers.
Article (102): A public commission called the Martyrs' Foundation shall be established and be affiliated with the council of ministers. Its work and jurisdiction will be regulated by law.
Article (103): A public commission for guaranteeing the right of the regions and the governorates that are not organized into a region to a fair participation in running the different federal institutions of the state, educational fellowships and scholarships, delegations, and regional and international conferences. This public commission shall be made up of representatives of the federal government, regions, and governorates that are not organized into a region. Its work shall be regulated by law.
Article (104): A public commission to monitor and allocate federal revenues shall be established according to a law. It will include experts from the federal government, regions, and governorates and representatives for them and will vary out the following duties:
1. Verifying the fair distribution of international grants, aid, and loans according to the need of regions and governorates that are not organized into a region.
2. Verifying the optimal use and distribution of federal financial resources
3. Ensuring transparency and fairness when allocating money to the governments of regions and governorates that are not organized into a region in according to the set percentages.
Article (105): A council called the council of public federal service shall be established to take care of federal jobs, including appointment and promotion. Its work shall be regulated by law.
Article (106): Other independent commissions may be established according to laws as need calls for.
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:
1. Drawing up foreign policy, diplomatic representation, negotiating international accords and agreements, negotiating and signing debt agreements, drawing up foreign sovereign economic and trade policies.
2. Drawing up and executing national defense policy including setting up and operating the armed forces to ensure the protection and security of Iraq's borders and its defense.
3. Drawing up financial and customs policy, issuing currency, organizing trade policy among regions and governorates in Iraq, setting the general budget for the nation, drawing up currency policies and establishing and administering a central bank.
4. Organizing issues of weights and measures.
5. Organizing issues of nationality and naturalization, residence and asylum rights.
6. Organizing a policy of broadcast wavelengths and the mail.
7. Setting the general and investment budgets.
8. Planning policies connected to water resources from outside Iraq and guaranteeing levels of water flow into Iraq, according to international law and custom.
9. 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 governorates.
Article (110):
1. The federal government will administer oil and gas extracted from current fields in cooperation with the governments of the producing regions and governorates 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.
2. The federal government and the governments of the producing regions and governorates 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): The following duties will be shared by the federal and regional authorities:
1. Administering and organizing customs, in coordination with the regional government and the governorates that are not organized into a region and this will be regulated by law.
2. Organizing and distributing the main electrical power resources.
3. Drawing up environmental policy to guarantee the protection of the environment from pollution and the preservation of its cleanliness, in cooperation with the regions and the governorates that are not organized into a region.
4. Drawing up general planning and development policies.
5. Drawing up general health policy, in cooperation with the regions and the governorates that are not organized into a region.
6. Drawing up general education and childrearing policy, in consultation with the regions and the governorates that are not organized into a region.
7. Drawing up general water resources policy and distributing these water resources in a fair manner, and this will be regulated by law.
Article (112): 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.
CHAPTER FIVE: AUTHORITIES OF THE REGIONS
PART ONE: REGIONS
Article (113): The federal system in the republic of Iraq is made up of the capital, regions, decentralized governorates, and local administrations.
Article (114):
1. This constitution shall endorse the Kurdistan region, along with its established authorities, as a federal region.
2. This constitution shall endorse any new regions that are established in accordance with its provisions.
Article (115): The Council of Representatives shall pass with a simple majority vote and in less than six months from its first session a law defining the executive procedures for the establishment of regions.
Article (116): 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 governorate councils in the governorates that desire to form a region.
b) A request by 1/10 (one-tenth) of the voters in each of the governorates that desire to form a region.
Article (117): Each region shall draft its own constitution and define the region's authorities and responsibilities and the mechanisms to carry out these responsibilities in a way that does not contradict this constitution.
Article (118):
1. 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.
2. 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.
3. 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 and the percentage of population.
4. Offices for regions and governorates are to be established in embassies and diplomatic missions to follow up on cultural, social and local development affairs
5. 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 TWO:GOVERNORATES NOT ORGANIZED INTO A REGION
Article (119):
1. Governorates consist of districts, counties and villages.
2. Governorates 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.
3. The governor, who is elected by the governorate council, is considered the highest executive president of the governorate to carry out the responsibilities designated to him by the council.
4. The election of the governorate council and the governor and their authorities will be regulated by law.
5. The governorate 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 (120): It is permissible to delegate the federal government's authorities to the governorates or vice versa, with the two parties' approval, and this is regulated by law.
PART THREE:THE CAPITAL
Article (121):Baghdad with its administrative boundaries is the capital of the Republic of Iraq and it consists of the Governorate of Baghdad with its administrative boundaries, and its status is regulated through a law.The capital should not be part of any region.
PART FOUR: LOCAL ADMINISTRATIONS
Article (122): This constitution guarantees the administrative, political, cultural, AND educational rights for the various ethnic groups such as Turkomen, Chaldeans, Assyrians, and the other components, and this is regulated through a law.
CHAPTER SIX: FINAL AND TRANSITIONAL GUIDELINES
PART ONE: FINAL GUIDELINES
Article (123):
1. 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.
2. The basic principles of the Constitution mentioned in Chapter One of this Constitution, and the rights and freedoms mentioned in Chapter Two of the 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.
3. Other items not covered by the second 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.
4. 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.
5. (a)An amendment is considered endorsed by the president of the republic after the expiry of the time period specified in the second and third clauses of this article, if not endorsed within that period.
(b) An amendment is considered in effect upon the date of its publication in the official gazette.
Article (124): It is not permitted for the president of the republic; the prime minister and the Cabinet members; the speaker, deputy speakers, and members of the Council of Representatives; members of the judicial authority; and holders of special positions to use their influence to buy or rent anything from the state property or to sell or rent to the state anything from their own property or to bring suit against the state over these things or to strike contracts with the state in their capacity as concessionaries, importers, or contractors.
Article (125): Laws and judicial rulings are issued in the name of the people.
Article (126): Laws are published in the official gazette, and are in effect from the publishing date as long as it is not stated otherwise.
Article (127): Legislation remains in effect as long as it is not nullified or amended in accordance with the rules of this constitution.
Article (128): Every referendum mentioned in this constitution is passed by a simple majority unless mentioned otherwise.
PART TWO: TRANSITIONAL GUIDELINES
Article (129):
1. The state guarantees the welfare of political prisoners and those who were harmed by the practices of the deposed dictatorial regime.
2. The state guarantees compensation to the families of martyrs and those who were wounded by terrorist acts.
3. What is provided for in these first and second clauses will be regulated by law.
Article (130): The Council of Representatives shall rely in its first session on the bylaws of the Transitional National Assembly until its own bylaws are decided.
Article (131): The Supreme Iraqi Criminal Court will continue its activities as an independent judicial agency, looking into the crimes of the deposed dictatorial regime and its leading figures. The Council of Representatives can dissolve it by law once its work is finished.
Article (132):
1. The National De-Ba'thification Committee will continue its work as an independent body in coordination with the judiciary and the executive power and the executive authorities in the framework of the laws regulating its work. The committee is linked to the Parliament.
2. The Council of Representatives can dissolve the committee after it finishes its work.
3. 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 covered by the De-Ba'thification regulations, that they not be included under the provisions of the De-Ba'thification law.
4. The condition mentioned in the third clause of this article will remain in effect until it is abolished by law.
Article (133):
1. The Property Claims Agency will continue its operations as an independent body in coordination with the judicial authorities and executive bodies in accordance with the law, and it is linked to the Council of Representatives.
2. The Council of Representatives can dissolve the agency by a two-third majority.
Article (134): 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-third majority, in its second cycle following the enactment of this constitution.
Article (135):
1. 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.
2. (a) The Council of Representatives will elect a president for the republic and two deputies for him to form a council called the Presidential Council. It will be elected in one list with a two-third majority.
(b) The rules for impeaching 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 become vacant, the Council of Representatives shall elect a replacement by a two-third majority.
3. Members of the Presidential Council must meet the same conditions as those for a member of the Council of Representatives; namely, 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.
4. The Presidential Council must make its decisions unanimously, and any member can delegate his position to one of the other two members.
5. (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, except those mentioned in Articles 115 and 116 that relate to the formation of regions.
(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 within 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. Such laws and resolutions cannot be opposed and are considered approved.
6. The Presidential Council practices the powers of the president of the republic as stipulated in this constitution.
Article (136):
1. The executive power 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.
2. The responsibilities placed on the executive power of the transitional government provided for in Article (58) of the Transitional Administration Law for the Iraqi State are extended to and will continue for the executive power elected according to this constitution until the completion of (normalization, census, and ending with a referendum in Kirkuk and other disputed areas to determine the will of the people) in a period no longer than 31 December 2007.
Article (137): 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 (138):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 (139): This constitution comes into effect after its approval by the people in a public referendum and its publication in the official gazette and the formation of a government in accordance with its provisions.