(The Republic of Iraq is a single, independent federal state with full sovereignty. Its system of government is republican, representative 61/27Parliamentary63/47 and democratic. This Constitution is the guarantor of its unity)
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.
(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.)
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.
Transfer of authority shall be made peacefully through democratic means as stipulated in this Constitution.
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.
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.
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.
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.
Baghdad is the capital of the Republic of Iraq.
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.
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 RightsFIRST: Civil and Political Rights
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.
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.
Equal opportunities are guaranteed for all Iraqis. The state guarantees the taking of the necessary measures to achieve such equal opportunities.
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.
(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.)
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.
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.
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.
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
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.
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.
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.
The State guarantees freedom of movement of Iraqi manpower, goods and capitals between regions and governorates. This will be organized by law.
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.
The state guarantees the encouragement of investments in the various sectors. This will be organized by law.
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.
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.
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.
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.
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.
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.
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.
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
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.)
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)
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.
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.
Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices. This shall be regulated by law.
Each individual has freedom of thought, conscience and belief.
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.
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.
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.
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
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:
The federal legislative power shall consist of the Council of Representatives and the Federation Council.
FIRST: The Council of Representatives
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.
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).
The Council of Representatives shall set its bylaws to regulate its work.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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.
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.
Last edited by Neno on Fri 21 Dec 2012, 10:18 am; edited 1 time in total