The Iraqi Constitution as Being Voted on in the Oct. 15, 2005, Referendum

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The following is the full text of the draft constitution being
voted on by Iraqis in Saturday’s referendum. It was translated from
the Arabic by the United Nation’s Office for Constitutional
Support, and the translation was approved by the Iraqi government.
Items in parentheses are amendments approved Oct. 12 by
parliament and translated by The Associated Press. The amendments
were made too late to be included in the U.N.-translated text being
distributed to Iraqi voters and will be publicized in the press.

 

THE PREAMBLE

In the name of God, the most merciful, the most compassionate

We have honored the sons of Adam

We are the people of the land between two rivers, the homeland

of the apostles and prophets, abode of the virtuous imams, pioneers

of civilization, crafters of writing and cradle of numeration. Upon

our land the first law made by man was passed, the most ancient

just pact for homelands policy was inscribed, and upon our soil,

companions of the Prophet and saints prayed, philosophers and

scientists theorized and writers and poets excelled.

Acknowledging God’s right over us, and in fulfillment of the

call of our homeland and citizens, and in response to the call of

our religious and national leaderships and the determination of our

great (religious) authorities and of our leaders and reformers, and

in the midst of an international support from our friends and those

who love us, marched for the first time in our history toward the

ballot boxes by the millions, men and women, young and old, on the

thirtieth of January two thousand and five, invoking the pains of

sectarian oppression sufferings inflicted by the autocratic clique

and inspired by the tragedies of Iraq’s martyrs, Shiite and Sunni,

Arabs and Kurds and Turkmen and from all the other components of

the people and recollecting the darkness of the ravage of the holy

cities and the South in the Sha’abaniyya uprising and burnt by the

flames of grief of the mass graves, the marshes, Al-Dujail and

others and articulating the sufferings of racial oppression in the

massacres of Halabcha, Barzan, Anfal and the Fayli Kurds and

inspired by the ordeals of the Turkmen in Basheer and as is the

case in the remaining areas of Iraq where the people of the west

suffered from the assassinations of their leaders, symbols and

elderly and from the displacement of their skilled individuals and

from the drying out of their cultural and intellectual wells, so we

sought hand in hand and shoulder to shoulder to create our new

Iraq, the Iraq of the future free from sectarianism, racism,

locality complex, discrimination and exclusion.

Accusations of being infidels, and terrorism did not stop us

from marching forward to build a nation of law. Sectarianism and

racism have not stopped us from marching together to strengthen our

national unity, and to follow the path of peaceful transfer of

power and adopt the course of the just distribution of resources

and providing equal opportunity for all.

We the people of Iraq who have just risen from our stumble, and

who are looking with confidence to the future through a republican,

federal, democratic, pluralistic system, have resolved with the

determination of our men, women, the elderly and youth, to respect

the rules of law, to establish justice and equality to cast aside

the politics of aggression, and to tend to the concerns of women

and their rights, and to the elderly and their concerns, and to

children and their affairs and to spread a culture of diversity and

defusing terrorism.

We the people of Iraq of all components and shades have taken

upon ourselves to decide freely and with our choice to unite our

future and to take lessons from yesterday for tomorrow, to draft,

through the values and ideals of the heavenly messages and the

findings of science and man’s civilization, this lasting

constitution. The adherence to this constitution preserves for Iraq

its free union, its people, its land and its sovereignty.

SECTION ONE: FUNDAMENTAL PRINCIPLES

Article 1:

(The Republic of Iraq is a single, independent federal state

with full sovereignty. Its system of government is republican,

representative Parliamentary and democratic. This Constitution is

the guarantor of its unity)

Article 2:

First: Islam is the official religion of the State and it is a

fundamental source of legislation:

A. No law that contradicts the established provisions of Islam

may be established.

B. No law that contradicts the principles of democracy may be

established.

C. No law that contradicts the rights and basic freedoms

stipulated in this constitution may be established.

Second: This Constitution guarantees the Islamic identity of the

majority of the Iraqi people and guarantees the full religious

rights of all individuals to freedom of religious belief and

practice such as Christians, Yazedis, and Mandi Sabeans.

Article 3:

(Iraq is a country of many nationalities, religions and sects

and is a founding and active member of the Arab League and is

committed to its covenant. Iraq is a part of the Islamic world.)

Article 4:

First: The Arabic language and Kurdish language are the two

official languages of Iraq. The right of Iraqis to educate their

children in their mother tongue, such as Turkmen, Syriac and

Armenian, in government educational institutions in accordance with

educational guidelines, or in any other language in private

educational institutions, is guaranteed.

Second: The scope of the term official language and the means of

applying the provisions of this article shall be defined by law

which shall include:

A. Publication of the official gazette, in the two languages;

B. Speech, conversation and expression in official settings,

such as the Council of Representatives, the Council of Ministers,

courts, and official conferences, in either of the two languages;

C. Recognition and publication of the official documents and

correspondences in the two languages;

D. Opening schools that teach the two languages, in accordance

with the educational guidelines;

E. Use of both languages in any settings enjoined by the

principle of equality such as bank notes, passports and stamps.

(Third: The federal institutions and agencies in the Kurdistan

region shall use the Arabic and Kurdish languages.)

Fourth: The Turkmen language and Syriac language are two other

official languages in the administrative units in which they

represent density of population.

Fifth: Each region or governorate may adopt any other local

language as an additional official language if the majority of its

population so decide in a general referendum.

Article 5: The law is sovereign. The people are the source of

authorities and its legitimacy, which the people shall exercise in

a direct general secret ballot and through their constitutional

institutions.

Article 6:

Transfer of authority shall be made peacefully through

democratic means as stipulated in this Constitution.

Article 7:

First: No entity or program, under any name, may adopt racism,

terrorism, the calling of others infidels, ethnic cleansing, or

incite, facilitate, glorify, promote, or justify thereto,

especially the Saddamist Baath in Iraq and its symbols, regardless

of the name that it adopts. This may not be part of the political

pluralism in Iraq. This will be organized by law.

Second: The State shall undertake combating terrorism in all its

forms, and shall work to protect its territories from being a base

or pathway or field for terrorist activities.

Article 8:

Iraq shall observe the principles of a good neighborliness,

adhere to the principle of non-interference in the internal affairs

of other states, endeavor to settle disputes by peaceful means,

establish relations on the basis of mutual interests and

reciprocity, and respect its international obligations.

Article 9:

First:

A. The Iraqi Armed Forces and Security Services will be composed

of the components of the Iraqi people with due consideration given

to its balance and its similarity without discrimination or

exclusion and shall be subject to the control of the civilian

authority. The Iraqi Armed Forces shall defend Iraq and shall not

be used as an instrument of oppression against the Iraqi people,

shall not interfere in the political affairs and shall have no role

in the transfer of authority.

B. The formation of military militia outside the framework of

the armed forces is prohibited.

C. The Iraqi Armed Forces and its personnel, including military

personnel working at the Ministry of Defense or any subordinate

departments or organizations, may not stand for election to

political office, campaign for candidates, or participate in other

activities prohibited by the Ministry of Defense regulations. This

ban encompasses the activities of the personnel mentioned above

acting in their personal or official capacities. Nothing in this

Article shall infringe upon the right of these personnel to cast

their vote in the elections.

D. The Iraqi National Intelligence Service shall collect

information, assess threats to national security, and advise the

Iraqi government. This service shall be under civilian control and

shall be subject to legislative oversight and shall operate in

accordance with the law and pursuant to the recognized principles

of human rights.

E. The Iraqi Government shall respect and implement Iraq’s

international obligations regarding the non-proliferation,

non-development, non-production, and nonuse of nuclear, chemical,

and biological weapons, and shall prohibit associated equipment,

materiel, technologies, and delivery systems for use in the

development, manufacture, production, and use of such weapons.

Second: National service will be stipulated by law.

Article 10:

The holy shrines and religious places in Iraq are religious and

cultural entities. The State is committed to confirming and

safeguarding their sanctity, and guaranteeing the free practice of

rituals in them.

Article 11:

Baghdad is the capital of the Republic of Iraq.

Article 12:

First: The flag, national anthem, and emblem of Iraq shall be

fixed by law in a way that represents the components of the Iraqi

people.

Second: A law shall regulate the decorations, official holidays,

religious and national occasions and the Hijri and Gregorian

calendar.

Article 13:

First: This constitution is the sublime and supreme law in Iraq

and shall be binding in all parts of Iraq without exception.

Second: No law shall be enacted that contradicts this

constitution. Any text in any regional constitutions or any other

legal text that contradicts it is deemed void.

SECTION TWO: RIGHTS AND LIBERTIES

CHAPTER ONE: RIGHTS

FIRST: Civil and Political Rights

Article 14:

Iraqis are equal before the law without discrimination based on

gender, race, ethnicity, origin, color, religion, creed, belief or

opinion, or economic and social status.

Article 15:

Every individual has the right to enjoy life, security and

liberty. Deprivation or restriction of these rights is prohibited

except in accordance with the law and based on a decision issued by

a competent judicial authority.

Article 16:

Equal opportunities are guaranteed for all Iraqis. The state

guarantees the taking of the necessary measures to achieve such

equal opportunities.

Article 17:

First: Every individual shall have the right to personal

privacy, so long it does not contradict the rights of others and

public morals.

Second: The sanctity of the homes is inviolable and homes may

not be entered, searched, or put in danger, except by a judicial

decision, and in accordance with the law.

Article 18:

(First: Iraqi nationality is the right of every Iraqi and shall

be the basis of his citizenship.)

(Second: An Iraqi is any person born to an Iraqi father or

mother. This will regulated by law.)

Third:

A. An Iraqi citizen by birth may not have his nationality

withdrawn for any reason. Any person who had his nationality

withdrawn shall have the right to reclaim it, and this will be

stipulated by law.

B. The Iraqi nationality shall be withdrawn from the naturalized

in the cases stipulated by law.

Fourth: An Iraqi may have multiple nationalities. Everyone who

assumes a senior, security sovereign position must abandon any

other acquired nationality. This will be organized by law.

Fifth: Iraqi citizenship shall not be granted for the purposes

of the policy of settling people that cause an imbalance in the

population composition of Iraq.

Sixth: A law shall regulate the provisions of nationality. The

competent courts shall consider the suits resulting from it.

Article 19:

First: The judiciary is independent and no power is above the

judiciary except the law.

Second: There is no crime or punishment except by a stipulation.

The punishment shall only be for an act that the law considers a

crime when perpetrated. A harsher sentence than the applicable

sentence at the time of the offense may not be imposed.

Third: Litigation shall be a safeguarded and guaranteed right

for all.

Fourth: The right to a defense shall be sacred and guaranteed in

all phases of investigation and trial.

Fifth: The accused is innocent until proven guilty in a fair

legal trial. The accused may not be tried on the same crime for a

second time after acquittal unless new evidence is produced.

Sixth: Every person has the right to be treated with justice in

judicial and administrative proceedings.

Seventh: The proceedings of a trial are public unless the court

decides to make it secret.

Eighth: Punishment is personal.

Ninth: A law does not have a retroactive effect unless the law

stipulates otherwise. This exclusion shall not include laws

relating to taxes and fees.

Tenth: Criminal law does not have a retroactive effect, unless

it is to the benefit of the accused.

Eleventh: The court shall delegate a lawyer at the expense of

the state for an accused of a felony or misdemeanor who does not

have a defense lawyer.

Twelfth:

A. (Unlawful) detention is prohibited.

B. detention or arrest is prohibited in places not designed for

it, pursuant to prison regulations covered by health and social

care and subject to the scrutiny of the law.

Thirteenth: The preliminary investigative documents must be

submitted to the competent judge in a period not to exceed

twenty-four hours from the time of the arrest of the accused. It

may be extended only once and for the same period.

Article 20:

The citizens, men and women, have the right to participate in

public affairs and to enjoy political rights including the right to

vote, to elect and to nominate. Article 21:

First: No Iraqi shall be surrendered to foreign entities and

authorities.

Second: A law shall regulate the right of political asylum to

Iraq. No political refugee shall be surrendered to a foreign entity

or returned forcibly to the country from which he fled.

Third: No political asylum shall be granted to a person accused

of committing international or terrorist crimes or any person who

inflicted damage on Iraq.

SECOND: Economic, social and cultural liberties

Article 22:

First: Work is a right for all Iraqis so as to guarantee them a

decent living.

Second: The law regulates the relationship between employees and

employers on economic basis and with regard to the foundations of

social justice.

Third: The State guarantees the right of forming and joining

professional associations and unions. This will be organized by

law.

Article 23:

First: Personal property is protected. The proprietor shall have

the right to benefit from, exploit and utilize personal property

within the limits of the law.

Second: No property may be taken away except for the purposes of

public benefit in return for just compensation. This will be

organized by law.

Third:

A. Every Iraqi has the right to own property throughout Iraq. No

others may possess immovable assets, except as exempted by law.

B. Owning property for the purposes of population change shall

be prohibited.

Article 24:

The State guarantees freedom of movement of Iraqi manpower,

goods and capitals between regions and governorates. This will be

organized by law.

Article 25:

The State guarantees the reform of the Iraqi economy in

accordance with modern economic principles to ensure the full

investment of its resources, diversification of its sources and the

encouragement and the development of the private sector.

Article 26:

The state guarantees the encouragement of investments in the

various sectors. This will be organized by law.

Article 27:

First: Public property is sacrosanct, and its protection is the

duty of each citizen.

Second: The provisions related to the protection of State

properties and its management and the conditions for its disposal

and the limits under which none of these properties can be

relinquished shall all be regulated by law.

Article 28:

First: No taxes or fines may be imposed, amended, exempted or

pardoned from, except in accordance with law.

Second: Low wage earners shall be exempted from taxes in a

manner that ensures the upholding of the minimum wage required for

survival. This will be organized by law.

Article 29:

First:

A. The family is the foundation of society; the State preserves

its entity and its religious, moral and patriotic values.

B. The State guarantees the protection of motherhood, childhood

and old age and shall care for children and youth and provides them

with the appropriate conditions to further their talents and

abilities.

Second: Children have right over their parents in regard to

upbringing, care and education. Parents shall have right over their

children in regard to respect and care especially in times of need,

disability and old age.

Third: Economic exploitation of children shall be completely

prohibited. The State shall take the necessary measures to protect

them.

Fourth: All forms of violence and abuse in the family, school

and society shall be prohibited.

Article 30:

First: The state guarantee to the individual and the family –

especially children and women – social and health security and the

basic requirements for leading a free and dignified life. The state

also ensures the above a suitable income and appropriate housing.

Second: The State guarantees the social and health security to

Iraqis in cases of old age, sickness, employment disability,

homelessness, orphanage or unemployment, and shall work to protect

them from ignorance, fear and poverty. The State shall provide them

housing and special programs of care and rehabilitation. This will

be organized by law.

Article 31:

First: Every citizen has the right to health care. The state

takes care of public health and provide the means of prevention and

treatment by building different types of hospitals and medical

institutions.

Second: Individuals and institutions may build hospitals or

clinics or places for treatment with the supervision of the state

and this shall be regulated by law.

Article 32:

The State cares for the handicapped and those with special needs

and ensure their rehabilitation in order to reintegrate them into

society. This shall be regulated by law.

Article 33:

First: Every individual has the right to live in a safe

environment.

Second: The State undertakes the protection and preservation of

the environment and biological diversity.

Article 34:

First: Education is a fundamental factor in the progress of

society and is a right guaranteed by the state. Primary education

is mandatory and the state guarantees to eradicate illiteracy.

Second: Free education is a right for all Iraqis in all its

stages.

Third: The State encourages scientific research for peaceful

purposes that serve man and supports excellence, creativity,

invention and the different aspects of ingenuity.

Fourth: Private and public education is guaranteed. This shall

be regulated by law.

CHAPTER TWO: LIBERTIES

Article 35:

First:

A. The liberty and dignity of man are safeguarded.

B. No person may be kept in custody or interrogated except in

the context of a judicial decision.

C. All forms of psychological and physical torture and inhumane

treatment shall be prohibited. Any confession coerced by force,

threat, or torture shall not be relied on. The victim shall have

the right to compensation in accordance with the law for material

and moral damages incurred.

Second: The State guarantees the protection of the individual

from intellectual, political and religious coercion.

Third: Compulsory service (unpaid labor), serfdom, slave trade

(slavery), trafficking of women and children, and the sex trade is

prohibited.

(Fourth: The State will promote cultural activities and

institutions in a way that is appropriate with Iraq’s

civilizational history and culture. It will take care to depend on

authentic Iraqi cultural trends.)

Article 36:

The state guarantees in a way that does not violate public order

and morality:

A. Freedom of expression, through all means.

B. Freedom of press, printing, advertisement, media and

publication.

C. Freedom of assembly and peaceful demonstration. This shall be

regulated by law.

(D. Every Iraqi has the right to engage in sports, and the State

should encourage its activities and promotion and will provide its

necessities)

Article 37:

First: The freedom of forming and of joining associations and

political parties is guaranteed. This will be organized by law.

Second: It is prohibited to force any person to join any party,

society or political entity or force him to continue his membership

in it.

Article 38:

The freedom of communication, and mail, telegraphic, electronic,

and telephonic correspondence, and other correspondence shall be

guaranteed and may not be monitored, wiretapped or disclosed except

for legal and security necessity and by a judicial decision.

Article 39:

Iraqis are free in their commitment to their personal status

according to their religions, sects, beliefs, or choices. This

shall be regulated by law.

Article 40:

Each individual has freedom of thought, conscience and belief.

Article 41:

First: The followers of all religions and sects are free in the:

A. Practice of religious rites, including the Husseini

ceremonies (Shiite religious ceremonies)

B. Management of the endowments, its affairs and its religious

institutions. The law shall regulate this.

Second: The state guarantees freedom of worship and the

protection of the places of worship.

Article 42:

First: Each Iraqi enjoys the right of free movement, travel, and

residence inside and outside Iraq.

Second: No Iraqi may be exiled, displaced or deprived from

returning to the homeland.

Article 43:

First: The State shall seek to strengthen the role of civil

society institutions, to support, develop and preserve its

independence in a way that is consistent with peaceful means to

achieve its legitimate goals. This will be organized by law.

Second: The State shall seek the advancement of the Iraqi clans

and tribes and shall attend to their affairs in a manner that is

consistent with religion and the law and upholds its noble human

values in a way that contributes to the development of society. The

State shall prohibit the tribal traditions that are in

contradiction with human rights.

Article 44:

There may not be a restriction or limit on the practice of any

rights or liberties stipulated in this constitution, except by law

or on the basis of it, and insofar as that limitation or

restriction does not violate the essence of the right or freedom.

SECTION THREE: FEDERAL POWERS

Article 45:

The federal powers shall consist of the legislative, the

executive and the judicial powers. They exercise their

specialization and tasks on the basis of the principle of

separation of powers.

CHAPTER ONE: THE LEGISLATIVE POWER:

Article 46:

The federal legislative power shall consist of the Council of

Representatives and the Federation Council.

FIRST: The Council of Representatives

Article 47:

First: The Council of Representatives shall consist of a number

of members, at a ratio of one representative per 100,000 Iraqi

persons representing the entire Iraqi people. They shall be elected

through a direct secret general ballot. The representation of all

components of the people in it shall be upheld.

Second: A candidate to the Council of Representatives must be a

fully eligible Iraqi.

Third: A law shall regulate the requirements for the candidate,

the voter and all that is connected with the elections.

Fourth: The elections law aims to achieve a percentage of women

representation not less than one-quarter of the Council of

Representatives members.

Fifth: The Council of Representatives shall promulgate a law

dealing with the replacement of its members on resignation,

dismissal or death.

Sixth: No member of the Council of Representatives shall be

allowed to hold any other official position or work.

Article 48:

Each member of the Council of Representatives must take the

following constitutional oath before the Council prior to assuming

his duties:

(I swear by God the Almighty to carry out my legal tasks and

responsibilities devotedly and honestly and preserve the

independence and sovereignty of Iraq, and safeguard the interests

of its people, and watch over the safety of its land, skies,

waters, resources and federal democratic system, and I shall

endeavor to protect public and private liberties, the independence

of the judiciary and adhere to the applications of the legislation

neutrally and faithfully. God is my witness).

Article 49:

The Council of Representatives shall set its bylaws to regulate

its work.

Article 50:

First: The Council of Representatives shall decide by a

two-thirds majority, the membership authenticity of its members

within thirty days from the date of filing an objection.

Second: The decision of the Council of Representatives may be

appealed before the Federal Supreme Court within thirty days from

the date of its issuance.

Article 51:

First: Sessions of the Council of Representatives shall be

public unless it deems them otherwise.

Second: Minutes of the sessions shall be published in means

regarded appropriate by the Council.

Article 52:

The President of the Republic shall call upon the Council of

Representatives to convene by a presidential decree within fifteen

days from the date of the ratification of the general elections

results. Its eldest member shall chair the first session to elect

the president of the Council and his two deputies. This period may

not be extended by more than the aforementioned one.

Article 53:

The Council of Representatives shall elect in its first session

its president, then his first deputy and second deputy, by an

absolute majority of the total number of the Council members by

direct secret ballot.

Article 54:

First: The electoral term of the Council of Representatives

shall be limited to four calendar years, starting with its first

session and ending with the conclusion of the fourth year.

Second: The new Council of Representatives shall be elected

forty-five days before the conclusion of the previous electoral

term.

Article 55:

The Council of Representatives shall have one annual term with

two legislative sessions lasting eight months. The bylaw shall

define the method of convention. The session in which the general

budget is being presented shall not end until its approval.

Article 56:

First: The President of the Republic or the Prime Minister or

the President of the Council of Representatives or fifty members of

the Council of Representatives may call the Council to an

extraordinary session. The session shall be restricted to the

topics that necessitated the request.

Second: The President of the Republic, or the Prime Minister or

the President of the Council or fifty members of the Council of

Representatives, may ask for an extension of the legislative

session of the Council of representatives for no more than thirty

days in order to complete the tasks that required the extension.

Article 57:

First:

A. The Council of Representatives quorum shall be fulfilled by

an absolute majority of its members.

B. Decisions in the sessions of the Council of Representatives

shall be made by a simple majority after quorum is fulfilled,

unless stipulated otherwise.

Second:

A. Bills shall be presented by the President of the Republic and

the Prime Minister.

B. Proposed laws shall be presented by ten members of the

Council of Representatives or by one of its specialized committees.

Article 58:

The Council of Representatives specializes in the following:

First: Enacting federal laws.

Second: Monitoring the performance of the executive authority.

Third: Elect the President of the Republic.

Fourth: A law shall regulate the ratification of international

treaties and agreements by a two-thirds majority of the members of

the Council of Representatives.

Fifth: To approve the appointment of the following:

A. The President and members of the Federal Court of Cassation,

Chief Public Prosecutor and the President of Judicial Oversight

Commission based on a proposal from the Higher Juridical Council,

by an absolute majority.

B. Ambassadors and those with special grades based on a proposal

from the Cabinet.

C. The Iraqi Army Chief of Staff, his assistants and those of

the rank of division commanders and above and the director of the

intelligence service based on a proposal from the Cabinet.

Sixth:

A. Question the President of the Republic based on a justifiable

petition by an absolute majority of the Council of Representatives

members.

B. Relieve the President of the Republic by an absolute majority

of the Council of Representatives members after being convicted by

the Supreme Federal Court in one of the following cases:

1- Perjury of the constitutional oath.

2- Violating the Constitution.

3- High treason.

Seventh:

A. The Council of Representatives member may direct questions to

the Prime Minister and the Ministers on any subject within their

specialty and they may answer the members’ questions. The Member

who has asked the question solely has the right to comment on the

answer.

B. At least twenty-five members of the Council of

representatives may table a general issue for discussion to obtain

clarity on the policy and the performance of the Cabinet or one of

the Ministries. It must be submitted to the President of the

Council of Representatives, and the Prime Minister or the Ministers

shall specify a date to come before the Council of Representatives

to discuss it.

C. A Council of Representatives member with the agreement of

twenty-five members may direct a question to the Prime Minister or

the Ministers to call them to account on the issues within their

authority. The discussion on the question shall begin at least

seven days after submitting the question.

Eighth:

A. The Council of Representatives may withdraw confidence from

one of the Ministers by an absolute majority and he is considered

resigned from the date of the decision of confidence withdrawal.

The issue of no confidence in the Minister may be tabled only on

that Minister’s wish or on a signed request of fifty members after

an inquiry discussion directed at him. The Council of

Representatives shall not issue its decision regarding the request

except after at least seven days of its submission.

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 may withdraw confidence from

the Prime Minister based on the request of one-fifth (1/5) of its

members. This request may be submitted only after a question has

been put to the Prime Minister and after at least seven days from

submitting the request.

3- The Council of Representatives shall decide to withdraw

confidence from the Prime Minister by an absolute majority of its

members.

C. The Government is considered resigned in case of withdrawal

of confidence from the Prime Minister.

D. In case of a vote of withdrawal of confidence in the Cabinet

as a whole, the Prime Minister and the Ministers continue in their

positions to run everyday business for a period not to exceed

thirty days until a new cabinet is formed in accordance with the

provisions of article 73 of this constitution.

E. The Council of Representatives may interrogate independent

commission heads in accordance with the same procedures as for the

ministers and may dismiss them by an absolute majority.

Ninth:

A. To consent to the declaration of war and the state of

emergency by a two-thirds majority based on a joint request from

the President of the Republic and the Prime Minister.

B. The period of the state emergency shall be limited to thirty

days, extendable after approval each time.

C. The Prime Minister shall be authorized with the necessary

powers that enable him to manage the affairs of the country within

the period of the state of emergency and war. A law shall regulate

these powers that do not contradict the constitution.

D. The Prime Minister shall present to the Council of

Representatives the measures taken and the results within the

period of declaration of war and within 15 days of the end of the

state of emergency.

Article 59:

First: The Council of Ministers shall submit the draft general

budget bill and the closing account to the Council of

Representatives for approval.

Second: The Council of Representatives may conduct transfers

between the sections and chapters of the general budget and reduce

the total of its sums, and it may suggest to the Cabinet to

increase the total expenses, when necessary.

Article 60:

First: A law shall regulate the rights and privileges of the

speaker of the Council of Representatives, his two deputies and the

members of Council of Representatives.

Second:

A. Each member of the Council of Representatives shall enjoy

immunity for statements made while the Council is in session, and

the member may not be prosecuted before the courts for such.

B. A Council of Representatives member may not be placed under

arrest during the legislative term of the Council of

Representatives, unless the member is accused of a felony and the

Council of Representatives members consent by an absolute majority

to lift his immunity or if caught in flagrante delicto in the

commission of a felony.

C. A Council of Representatives member may not be arrested after

the legislative term of the Council of Representatives, unless the

member is accused of a felony and with the consent of the speaker

of the Council of Representatives to lift his immunity or if he is

caught in flagrante delicto in the commission of a felony.

Article 61:

First: The Council of Representatives may dissolve itself with

the consent of the absolute majority of its members, upon the

request of one-third of its members or upon the request of the

Prime Minister and the consent of the President of the Republic.

The Council may not be dissolved during the period in which the

Prime Minister is being questioned.

Second: Upon the dissolution of the Council of Representatives,

the President of the Republic shall call for general elections in

the country within a period not to exceed sixty days from the date

of its dissolution. The Cabinet in this case is considered resigned

and continues to run everyday business.

SECOND: The Federation Council

Article 62:

A legislative council shall be established named the

“Federation Council” to include representatives from the regions

and the governorates that are not organized in a region. A law,

enacted by a two-third majority of the members of the Council of

representatives, shall regulate the Federation Council formation,

its membership conditions and its specialization’s and all that is

connected with it.

CHAPTER TWO: THE EXECUTIVE POWER

Article 63:

The Federal Executive Power shall consist of the President of

the Republic and the Council of Ministers and shall exercise its

powers in accordance with the constitution and the law.

FIRST: The President of the Republic

Article 64:

The President of the Republic is the Head of the State and a

symbol of the unity of the country and represents the sovereignty

of the country. He safeguards the commitment to the Constitution

and the preservation of Iraq’s independence, sovereignty, unity,

the security of its territories in accordance with the provisions

of the Constitution.

Article 65:

A nominee to the Presidency must meet the following conditions:

A. Must be an Iraqi by birth, born to Iraqi parents.

B. Must be fully eligible and has completed forty years of age.

C. Must be of good reputation and political experience, and

known for his integrity, righteousness, fairness and loyalty to the

homeland.

D. Must not have been convicted of a crime involving moral

turpitude.

Article 66:

First: A law shall regulate the nomination to the post of the

President of the Republic.

Second: A law shall regulate the nomination of one deputy or

more for the President of the Republic.

Article 67:

First: The Council of Representatives shall elect, from among

the nominees, the President of the Republic by a two-thirds

majority of its members.

Second: If any of the candidates does not receive the required

majority vote then the two candidates who received the highest

number of votes shall compete and the one who receives the highest

number of votes in the second election shall be declared as

President.

Article 68:

The President shall take the Constitutional Oath before the

Council of Representatives in the form stipulated in Article 48 of

the Constitution.

Article 69:

First: The President of the Republic’s term in office shall be

limited to four years and may be elected for a second time and no

more.

Second:

A. The term of the President of the Republic shall finish at the

end of the Council of Representatives’ term.

B. The President of the Republic will continue to exercise his

functions until the elections for the Council of Representatives is

completed and until it meets. The new President shall then be

elected within thirty days of its first meeting.

C. If the position of president of the republic is vacant, for

whatever reason, a new president will be elected in order to fill

the vacancy for the remaining period of that president’s term.

Article 70:

The President of the Republic shall assume the following powers:

A. To issue a special pardon on the recommendation of the Prime

Minister, except for anything concerning private claim and for

those who have been convicted of committing international crimes,

terrorism, and financial and administrative corruption.

B. To ratify international treaties and agreements after the

approval by the Council of Representatives. Such international

treaties and agreements are considered ratified after fifteen days

from the date of receipt.

C. To ratify and issue the laws enacted by the Council of

Representatives. Such laws are considered ratified after fifteen

days from the date of receipt.

D. To call the elected Council of Representatives to convene

during a period not to exceed fifteen days from the date of

approval of the election results and in the other cases stipulated

in the Constitution.

E. To award medals and decorations on the recommendation of the

Prime Minister in accordance with the law.

F. To accredit Ambassadors.

G. To issue Presidential decrees.

H. Ratify death sentences issued by the competent courts.

I. Perform the duty of the Higher Command of the armed forces

for ceremonial and honorary purposes.

J. Exercise any other presidential powers stipulated in this

Constitution.

Article 71:

A law shall fix the salary and the allowances of the President

of the Republic.

Article 72:

First: The President of the Republic shall have the right to

submit his resignation in writing to the Speaker of the Council of

Representatives, and is considered effective after seven days from

the date of its submission to the Council of Representatives.

Second: The “Vice” President shall assume the office of the

President in case of his absence.

Third: The Vice President shall assume the duties of the

President of the Republic or in the event of the post of the

President becomes vacant for any reason whatsoever. The Council of

Representatives must elect a new President within a period not to

exceed thirty days from the date of the vacancy.

Fourth: In the case the post of the President of the Republic

becomes vacant, the Speaker of the Council of Representatives shall

replace the President of the Republic in case he does not have a

Vice President, on the condition that a new President is elected

during a period not to exceed thirty days from the date of the

vacancy and in accordance with the provisions of this Constitution.

SECOND: Council of Ministers

Article 73:

First: The President of the Republic shall name the nominee of

the Council of Representatives bloc with the largest number to form

the Cabinet within fifteen days from the date of the election of

the president of the republic.

Second: The Prime Minister-designate shall undertake the naming

of the members of his Cabinet within a period not to exceed thirty

days from the date of his designation.

Third: In case the Prime Minister-designate fails to form the

cabinet during the period specified in clause “Second,” the

President of the Republic shall name a new nominee for the post of

Prime Minister within fifteen days.

Fourth: The Prime Minister-designate shall present the names of

his Cabinet members and the ministerial program to the Council of

Representatives. He is deemed to have gained its confidence upon

the approval, by an absolute majority of the Council of

Representatives, of the individual Ministers and the ministerial

program.

Fifth: The President of the Republic shall name another nominee

to form the cabinet within fifteen days in case the Cabinet did not

gain the confidence.

Article 74:

First: The conditions for assuming the post of the Prime

Minister shall be the same as those for the President of the

Republic, provided that he has completed thirty-five years of age

and has a college degree or its equivalent.

Second: The conditions for assuming the post of Minister shall

be the same as those for members of the Council of Representatives

provided that he holds a college degree or its equivalent.

Article 75:

The Prime Minister is the direct executive authority responsible

for the general policy of the State and the commander in chief of

the armed forces. He directs the Council of Ministers, and presides

over its meetings and has the right to dismiss the Ministers on the

consent of the Council of Representatives.

Article 76:

The Prime Minister and members of the Cabinet shall take the

Constitutional Oath before the Council of Representatives in the

form stipulated in Article 48 of the Constitution.

Article 77:

The Cabinet shall exercise the following powers:

First: Plan and execute the general policy and the general plans

of the State and oversee the work of the ministries and departments

not associated with a ministry.

Second: To propose bills.

Third: To issue rules, instructions and decisions for the

purpose of implementing the law.

Fourth: To prepare the draft of the general budget, the closing

account, and the development plans.

Fifth: To recommend to the Council of Representatives to approve

the appointment of under secretaries, ambassadors, State senior

officials, Chief of Staff of the Armed Forces and his assistants,

Division Commanders or higher, Director of the National

Intelligence Service, and heads of security institutions.

Sixth: To negotiate and sign international agreements and

treaties or designate any person to do so.

Article 78:

First: The President of the Republic shall take up the office of

the Prime Minister in the event the post becomes vacant for any

reason whatsoever.

Second: The President must designate another nominee to form the

cabinet within a period not to exceed fifteen days in accordance

with the provisions of article 73 of this Constitution.

Article 79:

A law shall regulate the salaries and allowances of the Prime

Minister and Ministers, and anyone of their grade.

Article 80:

The responsibility of the Prime Minister and the Ministers

before the Council of Representatives is of a joint and personal

nature.

Article 81:

First: A law shall regulate the work of the security

institutions and the National Intelligence Service and shall define

its duties and authorities. It shall operate in accordance with the

principles of human rights and be subject to the oversight of the

Council of Representatives.

Second: The National Intelligence Service shall be attached to

the Cabinet.

Article 82:

The Council of Ministers shall establish internal bylaws to

organize the work therein.

Article 83:

A law shall regulate the formation of ministries, their tasks,

their responsibilities and the authorities of the minister.

CHAPTER THREE: THE JUDICIAL AUTHORITY

Article 84:

The Judicial authority is independent. The courts, in their

various types and classes, shall assume this authority and issue

decisions in accordance with the law.

Article 85:

Judges are independent and there is no authority over them

except that of the law. No authority shall have the right to

interfere in the Judiciary and the affairs of Justice.

Article 86:

The Federal Judicial Authority is comprised of the Higher

Juridical Council, Supreme Federal Court, Federal Court of

Cassation, Public Prosecution Department, Judiciary Oversight

Commission and other federal courts that are regulated in

accordance with the law.

FIRST: Higher Juridical Council

Article 87:

The Higher Juridical Council shall oversee the affairs of the

Judicial Committees. The law shall specify the method of its

establishment, its authorities, and the rules of its operation.

Article 88:

The Higher Juridical Council shall exercise the following

authorities:

First: To manage the affairs of the Judiciary and supervise the

Federal Judiciary.

Second: To nominate the Chief Justice and members of the Federal

Court of Cassation, the Chief Public Prosecutor, the Chief Justice

of the Judiciary Oversight Commission and present them to the

Council of Representatives to approve their appointment.

Third: To propose the draft of the annual budget of the Federal

Judiciary Authority and present it to the Council of

Representatives for approval.

SECOND: Federal Supreme Court

Article 89:

First: The Federal Supreme Court is an independent judicial

body, financially and administratively.

Second: The Federal Supreme Court shall be made up of number of

judges, and experts in Islamic jurisprudence and law experts whose

number, the method of their selection and the work of the court

shall be determined by a law enacted by a two-third majority of the

members of the Council of Representatives.

Article 90:

The Federal Supreme Court shall have jurisdiction over the

following:

First: Oversight of the constitutionality of laws and

regulations in effect.

Second: Interpretation of the provisions of the constitution.

Third: Settle matters that arise from the application of the

federal laws, decisions, regulations, instructions, and procedures

issued by the federal authority. The law shall guarantee the right

of each of the Cabinet, the concerned individuals and others of

direct contest with the Court.

Fourth: Settle disputes that arise between the federal

government and the governments of the regions and governorates,

municipalities, and local administrations.

Fifth: Settle disputes that arise between the governments of the

regions and governments of the governorates.

Sixth: Settle accusations directed against the President, the

Prime Minister and the Ministers. That shall be regulated by law.

Seventh: Ratify the final results of the general elections for

membership in the Council of Representatives.

Eight:

A. Settle competency dispute between the Federal Judiciary and

the judicial institutions of the regions and governorates that are

not organized in a region.

B. Settle competency dispute between judicial institutions of

the regions or governorates that are not organized in a region.

Article 91:

Decisions of the Federal Supreme Court are final and binding for

all authorities.

THIRD: General Provisions

Article 92:

Special or exceptional courts may not be established.

Article 93:

The law shall regulate the establishment of courts, their types,

classes and jurisdiction and the method of appointing and the terms

of service of judges, public prosecutors, their discipline and

their retirement.

Article 94:

Judges may not be removed except in cases specified by law; such

law will determine the particular provisions related to them and

shall regulate their disciplinary measures.

Article 95:

A judge or public prosecutor may not:

First: Combine a position in the judiciary, and a position in

the legislature and executive or any other employment.

Second: Joining any party or political organization or perform

any political activity.

Article 96:

A law shall regulate military judiciary and shall specify the

jurisdiction of military courts, which will be limited to crimes of

military nature that occur by members of the armed forces, security

forces and within the limits stipulated by law.

Article 97:

It is prohibited to stipulate in law the immunization from

appeal of any administrative work or decision.

Article 98:

It is permitted to regulate in a law the establishment of a

State Council specialized in the functions of administrative

judiciary, interpretation, drafting, and the State and various

public institutions representation before the judicial bodies

except those exempted by law.

CHAPTER FOUR: INDEPENDENT COMMISSIONS

Article 99:

The High Commission for Human Rights, Independent Electoral High

Commission and Commission on Public Integrity are independent

commissions, which shall be subject to monitoring by the Council of

Representatives. A law shall regulate their functions.

Article 100:

First: The Central Bank of Iraq, Board of Supreme Audit,

Communication and Media Commission, and the Endowment Commissions

are financially and administratively independent institutions. A

law shall regulate the work of each of these institutions.

Second: The Central Bank of Iraq is responsible before the

Council of Representatives. The Board of Supreme Audit and the

Communication and Media Commission shall be attached to the Council

of Representatives.

Third: The Endowment Commissions shall be attached to the

Council of Ministers.

Article 101:

A commission named Foundation of Martyrs shall be established

and attached to the Council of Ministers. Its functions and

competencies shall be regulated by law.

Article 102:

A public commission shall be established to guarantee the rights

of the regions and governorates that are not organized in a region

in fair participation in managing the various state federal

institutions, missions, fellowships, delegations, and regional and

international conferences. The Commission shall be comprised of

representatives of the federal government, and representatives of

the regions and governorates that are not organized in a region and

shall be regulated by a law.

Article 103:

A public commission shall be established by a law to audit and

appropriate federal revenues. The commission shall be comprised of

federal government experts and representatives and experts and

representatives from the regions and governorates and shall assume

the following responsibilities:

First: Ensure the fair distribution of grants, aid, and

international loans pursuant to the entitlement of the regions and

governorates that are not organized in a region.

Second: Ensure the ideal use and division of the federal

financial resources.

Third: Guarantee transparency and justice in appropriating funds

to the governments of the regions and governorates that are not

organized in a region in accordance with the established

percentages.

Article 104:

A council named the Federal Public Service Council shall be

established and shall regulate the affairs of the federal public

service, including the appointment and promotion. A law shall

regulate its formations and competencies.

Article 105:

Other independent commissions may be established according to

need and necessity by a law.

SECTION FOUR: POWERS OF THE FEDERAL GOVERNMENT

Article 106:

The federal authorities shall preserve the unity, integrity,

independence, sovereignty of Iraq, and its federal democratic

system.

Article 107:

The federal government shall have exclusive authorities in the

following matters:

First: Formulating foreign policy and diplomatic representation;

negotiating, signing, and ratifying international treaties and

agreements; negotiating, signing and ratifying debt policies and

formulating foreign sovereign economic and trade policy;

Second: Formulating and executing national security policy,

including creating and managing armed forces to secure the

protection, and to guarantee the security of Iraq’s borders and to

defend Iraq;

Third: Formulating fiscal and customs policy, issuing currency,

regulating commercial policy across regional and governorate

boundaries in Iraq; drawing up the national budget of the State;

formulating monetary policy, and establishing and administering a

central bank;

Fourth: Regulating standards, weights and measures;

Fifth: Regulating the issues of citizenship, naturalization,

residency and the right to apply for political asylum.

Sixth: Regulating telecommunications and mail policy.

Seventh: To draw up the general and investment budget bill.

Eighth: Plan policies relating to water sources from outside

Iraq, and guarantee the rate of water flow to Iraq and its fair

distribution, in accordance with international laws and norms.

Ninth: General population statistics and census.

Article 108:

Oil and gas are the ownership of all the people of Iraq in all

the regions and governorates.

Article 109:

First: The federal government with the producing governorates

and regional governments shall undertake the management of oil and

gas extracted from current fields provided that it distributes oil

and gas revenues in a fair manner in proportion to the population

distribution in all parts of the country with a set allotment for a

set time for the damaged regions that were unjustly deprived by the

former regime and the regions that were damaged later on, and in a

way that assures balanced development in different areas of the

country, and this will be regulated by law.

Second: The federal government with the producing regional and

governorate governments shall together formulate the necessary

strategic policies to develop the oil and gas wealth in a way that

achieves the highest benefit to the Iraqi people using the most

advanced techniques of the market principles and encourages

investment.

(Antiquities and antiquity sites, traditional constructions,

manuscripts and coins are considered part of the national wealth

which are the responsibility of the federal authorities. They will

be administered in cooperation with the regions and governorates,

and this will be regulated by law.)

Article 110:

The following competencies shall be shared between the federal

authorities and regional authorities:

First: To administer customs in coordination with the

governments of the regions and governorates that are not organized

in a region. This will be organized by law.

Second: To regulate the main sources of electric energy and its

distribution.

Third: To formulate the environmental policy to ensure the

protection of the environment from pollution and to preserve its

cleanness in cooperation with the regions and governorates that are

not organized in a region.

Fourth: To formulate the development and general planning

policies.

Fifth: To formulate the public health policy in cooperation with

the regions and governorates that are not organized in a region.

Sixth: To formulate the public educational and instructional

policy in consultation with the regions and governorates that are

not organized in a region.

Seventh: To formulate and organize the main internal water

sources policy in a way that guarantees fair distribution. This

will be organized by law.

Article 111:

All powers not stipulated in the exclusive authorities of the

federal government shall be the powers of the regions and

governorates that are not organized in a region. The priority goes

to the regional law in case of conflict between other powers shared

between the federal government and regional governments.

SECTION FIVE: POWERS OF THE REGIONS

CHAPTER ONE: REGIONS

Article 112:

The federal system in the Republic of Iraq is made up of a

decentralized capital, regions and governorates, and local

administrations.

Article 113:

First: This Constitution shall approbate the region of Kurdistan

and its existing regional and federal authorities, at the time this

constitution comes into force.

Second: This Constitution shall approbate new regions

established in accordance with its provisions.

Article 114:

The Council of Representatives shall enact, in a period not to

exceed six months from the date of its first session, a law that

defines the executive procedures to form regions, by a simple

majority.

Article 115:

One or more governorates shall have the right to organize into a

region based on a request to be voted on in a referendum submitted

in one of the following two methods:

A. A request by one-third of the council members of each

governorate intending to form a region.

B. A request by one-tenth of the voters in each of the

governorates intending to form a region.

Article 116:

The region shall adopt a constitution that defines the structure

of the regional government, its authorities and the mechanisms of

exercising these authorities provided that it does not contradict

with this Constitution.

Article 117:

First: The regional authorities shall have the right to exercise

executive, legislative, and judicial authority in accordance with

this constitution, except for those powers stipulated in the

exclusive powers of the federal government.

Second: In case of a contradiction between regional and national

legislation in respect to a matter outside the exclusive powers of

the federal government, the regional authority shall have the right

to amend the application of the national legislation within that

region.

Third: Regions and governorates shall be allocated an equitable

share of the national revenues sufficient to discharge its

responsibilities and duties, but having regard to its resources,

needs and the percentage of its population.

Fourth: The regions and governorates shall establish offices in

the embassies and diplomatic missions, in order to follow up

cultural, social and developmental affairs.

Fifth: The Regional Government shall be responsible for all the

administrative requirements of the region, particularly the

establishment and organization of the internal security forces for

the region such as police, security forces and guards of the

region.

CHAPTER TWO: GOVERNORATES THAT ARE NOT INCORPORATED INTO A REGION

Article 118:

First: The governorates shall be made up of number of districts,

sub-districts and villages.

Second: Governorates that are not incorporated in a region shall

be granted broad administrative and financial authorities to enable

it to manage its affairs in accordance with the principle of

decentralized administration. This will be organized by law.

Third: The governor, who is elected by the Governorate Council,

is the highest executive official in the governorate to practice

his powers authorized by the council.

Fourth: A law shall regulate the election of the Governorate

Council, the governor and their powers.

Fifth: The governorate council shall not be subject to the

control or supervision of any ministry or any institution not

linked to a ministry. The governorate council shall have an

independent finance.

Article 119:

Powers exercised by the federal government can be delegated to

the governorates or vice versa, with the consent of both

governments and shall be regulated by law.

CHAPTER THREE: THE CAPITAL

Article 120:

First: Baghdad with its municipal borders is the capital of the

Republic of Iraq and shall constitute, with its administrative

borders, the governorate of Baghdad.

Second: A law shall regulate the status of the capital.

Third: The capital may not merge with a region.

CHAPTER FOUR: THE LOCAL ADMINISTRATIONS

Article 121:

This Constitution shall guarantee the administrative, political,

cultural and educational rights for the various nationalities, such

as Turkmen, Caldeans, Assyrians and all other components. This will

be organized by law.

SECTION SIX: FINAL AND TRANSITIONAL PROVISIONS

CHAPTER ONE: FINAL PROVISIONS

Article 122:

First: The President of the Republic and the Council of the

Ministers collectively or one-fifth (1/5) of the Council of

Representatives members may propose to amend the Constitution.

Second: The fundamental principles mentioned in Section One and

the rights and liberties mentioned in Section Two of the

Constitution may not be amended except after two successive

electoral terms, with the approval of two-thirds of the Council of

Representatives members, and the approval of the people in a

general referendum and the ratification of the President of the

Republic within seven days.

Third: Other Articles not stipulated in clause “Second” of

this Article may not be amended, except with the approval of

two-thirds of the Council of Representatives members and with the

approval of the people in a general referendum and the ratification

of the President of the Republic within seven days.

Fourth: Articles of the constitution may not be amended if such

amendment takes away from the powers of the regions that are not

within the exclusive powers of the federal authorities except by

the consent of the legislative authority of the concerned region

and the approval of the majority of its citizens in a general

referendum.

Fifth:

A. The amendment is considered ratified by the President of the

Republic after the expiration of the period stipulated in clauses

“Second” and “Third” of this Article in case he does not ratify

it.

B. An amendment shall enter into force on the date of its

publication in the Official Gazette.

Article 123:

The President of the Republic, the Prime Minister, members of

the Council of Ministers, the Speaker of the Council of

Representatives, his two Deputies and members of the Council of

Representatives, members of the Judicial Authority and people of

the special grades may not use their influence to buy or rent any

of the State properties, or to rent or sell any of their assets to

the State, or to sue the State for it or to conclude a contract

with the State under the pretense of being building contractors,

suppliers or concessionaires.

Article 124:

The laws and judicial judgments shall be issued in the name of

the people.

Article 125:

Laws shall be published in the Official Gazette and shall take

effect on the date of its publication, unless stipulated otherwise.

Article 126:

Existing laws shall remain in force, unless annulled or amended

in accordance with the provisions of this constitution.

Article 127:

Every referendum mentioned in this constitution is valid with

the approval of a simple majority of the voters unless otherwise

stipulated.

CHAPTER TWO: TRANSITIONAL PROVISIONS

Article 128:

First: The State guarantee care for political prisoners and

victims of the oppressive practices of the defunct dictatorial

regime.

Second: The State guarantees compensation to the families of the

martyrs and those injured due to terrorist acts.

Third: A law shall regulate matters mentioned in clauses

“First” and “Second” of this Article.

Article 129:

The Council of Representatives shall adopt in its first session

the bylaws of the Transitional National Assembly until it adopts

its own bylaws.

Article 130:

The Iraq High Criminal Court shall continue its duties as an

independent judicial body, in examining the crimes of the defunct

dictatorial regime and its symbols. The Council of Representatives

shall have the right to dissolve by law the Iraqi High Criminal

Court after the completion of its work.

Article 131:

First: The High Commission for De-Ba’athification shall continue

its functions as an independent commission, and in coordination

with the Judicial Authority and the Executive institutions within

the framework of the laws regulating its functions. The Commission

shall be attached to the Council of Representatives.

Second: The Council of Representatives shall have the right to

dissolve this Commission after the completion of its function by

absolute majority.

Third: The nominee to the Position of the President of the

Republic, the Prime Minister and the members of the Ministers

Council, the Speaker and the members of the Council of

Representatives, the President and members of the Federation

Council, the corresponding positions in the regions, members of the

Judicial committees and other positions included in the

De-Ba’athification pursuant to the law may not be subject to

De-Ba’athification judgments.

Fourth: The conditions stated in clause “Third” of this

article shall remain in force unless the commission provided for in

clause “First” of this article is dissolved.

(Fifth: Membership in the defunct Ba’ath party alone is not

considered a sufficient basis for transfer to the courts, and a

member enjoys equality before the law and its protection, as long

as he is not subject to the rulings of the De-Ba’athification

Commission and its bylaws.)

(Sixth: The Council of Representatives will form a parliamentary

committee from its members to oversee and review the executive

activities of the Supreme De-Ba’athification Commission and state

agencies to guarantee justice, objectivity and transparency, and to

examine its accordance with the law. The committee’s decisions will

be subject to agreement by the Council of Representatives.)

Article 132:

First: The Property Claims Commission shall continue its

functions as an independent commission in coordination with the

Judicial authority and the Executive institutions in accordance

with the law. The Property Claims Commission shall be attached to

the Council of Representatives.

Second: The Council of Representatives shall have the right to

dissolve the Commission by a two-thirds majority vote of its

members.

Article 133:

Application of the provisions of the articles related to the

Federation Council, wherever it may be cited in this Constitution,

shall be postponed until the Council of Representatives issues a

decision by a two-thirds majority vote in its second electoral term

that is held after this Constitution comes into force.

Article 134:

First: The expression “the Presidency Council” shall replace

the expression “the President of the Republic” wherever it is

mentioned in this Constitution. The provisions related to the

President of the Republic shall be reactivated one successive term

after this Constitution comes into force.

Second:

A. The Council of Representatives shall elect the President of

the State and two Vice Presidents who shall form a Council called

“the Presidency Council,” which shall be elected by one list and

with a two-thirds majority.

B. The provisions to remove the President of the Republic

present in this constitution shall apply to the President and

members of the Presidency Council.

C. The Council of Representatives may remove a member of the

Presidency Council with a three-fourths majority of its members for

reasons of incompetence and dishonesty.

D. In the event of a vacant seat in the Presidency Council, the

Council of Representatives shall elect a replacement by a

two-thirds majority vote of its members.

Third: The members of the Presidency Council shall be subject to

the same conditions as members of the Council of Representatives

and must also:

A. Have completed forty years of age.

B. Enjoy good reputation, integrity and uprightness.

C. Have quit the defunct Party ten years prior to its fall, in

case he was a member of the dissolved Baath Party.

D. Have not participated in suppressing the 1991 uprising and

the Anfal campaign. He must not have committed a crime against the

Iraqi people.

Fourth: The Presidency Council shall issue its decisions

unanimously and a member may delegate his place to any of the other

members.

Fifth:

A. Legislation and decisions enacted by the Council of

representatives shall be forwarded to the Presidency Council to

approve it unanimously and to issue it within ten days from the

date of delivery to the Presidency Council, except the stipulations

of Articles (114) and (115) that pertain to the formation of

regions.

B. In the event the Presidency Council does not approve,

legislation and decisions shall be sent back to the Council of

Representatives to re-examine the disputed issues and to vote on by

the majority of its members and then shall be sent for the second

time to the Presidency Council for approval.

C. In the event the Presidency Council does not approve the

legislation and decisions for the second time within ten days of

receipt, the legislation and decisions are sent back to the Council

of Representatives who have the right to adopt it by a three-fifths

non-appealable majority vote and shall be considered ratified.

Sixth: The Presidency Council shall practice the powers of the

President of the Republic stipulated in this Constitution.

Article 135:

The Prime Minister shall have two deputies in the first

electoral cycle.

Article 136:

First: The Executive Authority shall undertake the necessary

steps to complete the implementation of the requirements of all

subparagraphs of Article 58 of the Transitional Administrative Law.

Second: The responsibility placed upon the executive branch of

the Iraqi Transitional Government stipulated in Article 58 of the

Transitional Administrative Law shall extend and continue to the

executive authority elected in accordance with this constitution,

provided that it completes (normalization and census and concludes

with a referendum in Kirkuk and other disputed territories to

determine the will of their citizens), in a period not to exceed

(the thirty first of December two thousand and seven).

Article 137:

Legislation enacted in the region of Kurdistan since 1992 shall

remain in force, and decisions issued by the government of the

region of Kurdistan – including court decisions and agreements –

shall be considered valid unless it is amended or annulled pursuant

to the laws of the region of Kurdistan by the competent entity in

the region, provided that they do not contradict with the

constitution.

(First: At the start of its functioning, the Council of

Representatives shall form a committee from its members, which will

be representative of the main components of Iraqi society and the

duty of which will be to present within a period no longer than

four months to the Council of Representatives a report that

includes recommendations for the necessary amendments that can be

made to the Constitution. The committee will be dissolved after a

decision is made on its proposals.

Second: The amendments proposed by the committee will be put

before the Council of Representatives in a single batch for

approval. It will be considered approved by the agreement of an

absolute majority of the number of council members.

Third: The articles amended by the Council of Representatives

under the second clause of this article will be put before the

people for a referendum within two months of the Council of

Representatives’ approval of them.

Fourth: The referendum on the amended articles will be

considered successful with the agreement by an absolute majority of

those who vote, unless it is rejected by two-thirds of those who

vote in three governorates or more.

Fifth: This is an exception to Article 122 of this

Constitution which concerns amending the constitution. After the

amendments discussed in this article are decided on, work will

return to the terms of Article 122.)

Article 138:

The Transitional Administrative Law and its Annex shall be

annulled on the seating of the new government, except for the

stipulation of Article 53(A) and Article 58 of the Transitional

Administrative Law.

Article 139:

This Constitution shall come into force after the approval of

the people thereon in a general referendum, its publication in the

Official Gazette and the seating of the government that is formed

pursuant to this constitution.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

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