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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