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The text of the latest Proposed
Iraq Constitution
8, 22, 05
Chapter One
Article One
The Republic of Iraq is an independent state.
Article Two
The political system is republican, parliamentary, democratic
and federal.
1. Islam is a main source for legislation.
* a. No law may contradict Islamic standards.
* b. No law may contradict democratic standards.
* c. No law may contradict the essential rights and freedoms
mentioned in this constitution.
2. This constitution guarantees the Islamic identity of the
Iraqi people and guarantees all religious rights; all persons
are free within their ideology and the practice of their ideological
practices.
3. Iraq is part of the Islamic world, and the Arabs are part
of the Arab nation.
4.
a. Arabic and Kurdish are the two official languages, and
Iraqis have the right to teach their sons their mother language
like the Turkomen and Assyrian in the government educational
institutes.
b. The language used orally in official institutions such
as the Parliament and the Cabinet as well as official conventions
should be one of the two languages.
c. Recognizing the official documents with the two languages.
d. Opening the schools with two languages.
Article Three
Federal institutions in Kurdistan should use the two languages.
Article Four
The Turkomen and Assyrian languages are the official languages
in the Turkomen and Assyrian areas, and each territory or province
has the right to use its own official language if residents have
approved in a general referendum vote.
Article Five
Power is transferred peacefully through democratic ways.
Article Seven
1. Any organization that follow a racist, terrorist, extremist,
sectarian-cleaning ideology or circulates or justifies such beliefs
is banned, especially Saddam's Baath Party in Iraq and its symbols
under any name. And this should not be part of the political
pluralism in Iraq.
2. The government is committed to fighting terrorism in all
its forms, and works to protect Iraqi soil from being a center
or passage for terrorist activities.
CHAPTER TWO
Article 35
* a. Human freedom and dignity are guaranteed.
* b. No person can be detained or interrogated without a judicial
order.
* c. All kinds of physical and psychological torture and inhumane
treatment are prohibited, and any confession is considered void
if it was taken by force, threats and torture. The person who
was harmed has the right to ask for compensation for the financial
and moral damage he/she suffered.
Article 36
The State guarantees:
1. Freedom of expression by all means.
2. Freedom of the press, printing, advertising and publishing.
Article 37
Freedom to establish political groups and organizations.
Article 39
Iraqis are free to abide in their personal lives according
to their religion, sects, beliefs or choice. This should be organized
by law.
CHAPTER THREE
Article 66
A presidential candidate should:
1. Be Iraqi by birth and the offspring of two Iraqi parents.
2. Be no less than 40 years old.
3. Have a good reputation and political experience, and be
known as honest and faithful to the nation.
Article 75
The prime minister should have all the qualifications as the
presidential candidate and should have a university degree or
its equivalent and should not be less than 35 years old.
Article 104
A general commission should be set up to observe and specify
the central (government) revenues, and the commission should
be made up of experts from the central government, regions, provinces
and representatives.
CHAPTER 4:
Article 107
Federal authorities should preserve Iraq's unity, security,
independence and sovereignty and its democratic federal system.
Article 109
Oil and gas are the property of all the Iraqi people in regions
and provinces.
Article 110
The central government administers oil and gas extracted from
current wells, along with governments of the producing regions
and provinces, on the condition that revenues are distributed
in a way that suits population distribution around the country.
CHAPTER FIVE
Article 114
1. A region consists of one or more provinces, and two or
more regions have the right to create a single region.
2. A province or more has the right to set a region according
to a referendum called for in one of two ways:
* a. A demand by one-third of all members of each of the provincial
councils that aims to set up a region.
* b. A demand by one-tenth of voters of the provinces that
aim to set up a region.
Article 117
A region's legislative authority is made up of one council,
named the National Assembly of the region.
Article 118
The National Council of the region drafts the region's constitution
and issues laws, which must not contradict this constitution
and Iraq's central laws.
Article 120
The executive authority of the region is made up of the president
of the region and the region's government.
Article 128
The region's revenues are made up from the specified allotment
from the national budget and from the local revenues of the region.
Article 129
The regional government does what is needed to administer
the region, especially setting up internal security forces, such
as police, security and region guards.
Article 135
This constitution guarantees the administrative, political,
cultural and educational rights of different ethnic groups such
as Turkomen, Chaldean, Assyrians and other groups.
CHAPTER SIX
Article 144
The Iraq Supreme Criminal Court continues its work as a legislative,
independent commission to look into the crimes of the former
dictatorial regime and its symbols, and the Council of Deputies
has the right to annul it after it ends its duties.
Article 145
a. The Supreme National Commission for de-Baathification continues
its work as an independent commission, in coordination with the
judicial authority and executive institutions and according to
laws that organize its work.
b. Parliament has the right to dissolve this commission after
it ends its work, with a two-thirds majority.
Article 151
No less than 25 percent of Council of Deputies seats go to
women.
Article 153
This law is considered in force after people vote on it in
a general referendum and when it is published in the official
Gazette and the Council of Deputies is elected according to it.
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