زیر مجموعه ها
قانون اساسی کشور عراق(انگلیسی)
| اطلاعات بیشتر قانون | |||
|---|---|---|---|
| تصویب شده | قانون اساسی کشور ها | ||
| تاریخ تصویب | 1357/11/22 | ||
| شناسه | 561FC3FC-E535-48D6-AF4B-AA189006D19B | ||
| وضعیت | منسوخ نشده | ||
Iraq - Interim Constitution
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{ Adopted on: 8 March 2004 }
{ ICL Document Status: 8 March 2004 }
{ Official Title: Law of Administration for the State of Iraq for the
Transitional Period }
{ Editor''s Note:
The ICL edition is based on the text published by the Coalition Provisional
Authority (CPA). Paragraph numbers and chapter titles are part of the
original text. Article titles and internal references have been added for
the purpose of this edition. }
Preamble
The people of Iraq٫ striving to reclaim their freedom٫ which was usurped by the
previous tyrannical regime٫ rejecting violence and coercion in all their forms٫
and particularly when used as instruments of governance٫ have determined that
they shall hereafter remain a free people governed under the rule of law.
These people٫ affirming today their respect for international law٫ especially
havinggg been amongst the founders of the United Nations٫ working to reclaim
their legitimate place among nations٫ have endeavored at the same time to
preserve the unity of their homeland in a spirit of fraternity and solidarity
in order to draw the features of the future new Iraq٫ and to establish the
mechanisms aiming٫ amongst other aims٫ to erase the effects of racist and
sectarian policies and practices.
This Law is now established to govern the affairs of Iraq during the
transitional period until a duly elected government٫ operating under a
permanent and legitimate constitution achieving full democracy٫ shall come into
being.
Chapter One ---- Fundamental Principles
Article 1 [The Document]
(A) This Law shall be called the "Law of Administration for the State of Iraq
for the Transitional Period٫" and the phrase "this Law" wherever it appears in
this legislation shall mean the "Law of Administration for the State of Iraq
for the Transitional Period."
(B) Gender-specific language shall apply equally to male and female.
(C) The Preamble to this Law is an integral part of this Law.
Article 2 [Transitional Period]
(A) The term "transitional period" shall refer to the period beginning on 30
June 2004 and lasting until the formation of an elected Iraqi government
pursuant to a permanent constitution as set forth in this Law٫ which in any
case shall be no later than 31 December 2005٫ unless the provisions of Article
61 are applied.
(B) The transitional period shall consist of two phases.
(1) The first phase shall begin with the formation of a fully sovereign Iraqi
Interim Government that takes power on 30 June 2004. This government shall be
constituted in accordance with a process of extensive deliberations and
consultations with cross-sections of the Iraqi people conducted by the
Governing Council and the Coalition Provisional Authority and possibly in
consultation with the United Nations. This government shall exercise authority
in accordance with this Law٫ including the fundamental principles and rights
specified herein٫ and with an annex that shall be agreed upon and issued before
the beginning of the transitional period and that shall be an integral part of
this Law.
(2) The second phase shall begin after the formation of the Iraqi Transitional
Government٫ which will take place after elections for the National Assembly
have been held as stipulated in this Law٫ provided that٫ if possible٫ these
elections are not delayed beyond 31 December 2004٫ and٫ in any event٫ beyond 31
January 2005. This second phase shall end upon the formation of an Iraqi
government pursuant to a permanent constitution.
Article 3 [Supreme Law]
(A) This Law is the Supreme Law of the land and shall be binding in all parts
of Iraq without exception. No amendment to this Law may be made except by a
three-fourths majority of the members of the National Assembly and the
unanimous approval of the Presidency Council. Likewise٫ no amendment may be
made that could abridge in any way the rights of the Iraqi people cited in
Chapter Two; extend the transitional period beyond the timeframe cited in
this Law; delay the holding of elections to a new assembly; reduce the
powers of the regions or governorates; or affect Islam٫ or any other
religions or sects and their rites.
(B) Any legal provision that conflicts with this Law is null and void.
(C) This Law shall cease to have effect upon the formation of an elected
government pursuant to a permanent constitution.
Article 4 [Form of State]
The system of government in Iraq shall be republican٫ federal٫ democratic٫ and
pluralistic٫ and powers shall be shared between the federal government and the
regional governments٫ governorates٫ municipalities٫ and local administrations.
The federal system shall be based upon geographic and historical realities and
the separation of powers٫ and not upon origin٫ race٫ ethnicity٫ nationality٫ or
confession.
Article 5 [Iraqi Armed Forces]
The Iraqi Armed Forces shall be subject to the civilian control of the Iraqi
Transitional Government٫ in accordance with the contents of Chapters Three and
Five of this Law.
Article 6 [Acts of the Previous Regime]
The Iraqi Transitional Government shall take effective steps to end the
vestiges of the oppressive acts of the previous regime arising from forced
displacement٫ deprivation of citizenship٫ expropriation of financial assets and
property٫ and dismissal from government employment for political٫ racial٫ or
sectarian reasons.
Article 7 [State Religion٫ Freedom of Religion٫ Arab Nation]
(A) Islam is the official religion of the State and is to be considered a
source of legislation. No law that contradicts the universally agreed tenets of
Islam٫ the principles of democracy٫ or the rights cited in Chapter Two of this
Law may be enacted during the transitional period. This Law respects 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.
(B) Iraq is a country of many nationalities٫ and the Arab people in Iraq are an
inseparable part of the Arab nation.
Article 8 [State Symbols]
The flag٫ anthem٫ and emblem of the State shall be fixed by law.
Article 9 [Official Languages]
The Arabic language and the Kurdish language are the two official languages of
Iraq. The right of Iraqis to educate their children in their mother tongue٫
such as Turcoman٫ Syriac٫ or Armenian٫ in government educational institutions
in accordance with educational guidelines٫ or in any other language in private
educational institutions٫ shall be guaranteed. The scope of the term "official
language" and the means of applying the provisions of this Article shall be
defined by law and shall include:
(1) Publication of the official gazette٫ in the two languages;
(2) Speech and expression in official settings٫ such as the National Assembly٫
the Council of Ministers٫ courts٫ and official conferences٫ in either of the
two languages;
(3) Recognition and publication of official documents and correspondence in the
two languages;
(4) Opening schools that teach in the two languages٫ in accordance with
educational guidelines;
(5) Use of both languages in any other settings enjoined by the principle of
equality (such as bank notes٫ passports٫ and stamps);
(6) Use of both languages in the federal institutions and agencies in the
Kurdistan region.
Chapter Two ---- Fundamental Rights
Article 10 [Respect by Government]
As an expression of the free will and sovereignty of the Iraqi people٫ their
representatives shall form the governmental structures of the State of Iraq.
The Iraqi Transitional Government and the governments of the regions٫
governorates٫ municipalities٫ and local administrations shall respect the
rights of the Iraqi people٫ including those rights cited in this Chapter.
Article 11 [Citizenship]
(A) Anyone who carries Iraqi nationality shall be deemed an Iraqi citizen. His
citizenship shall grant him all the rights and duties stipulated in this Law
and shall be the basis of his relation to the homeland and the State.
(B) No Iraqi may have his Iraqi citizenship withdrawn or be exiled unless he is
a naturalized citizen who٫ in his application for citizenship٫ as established
in a court of law٫ made material falsifications on the basis of which
citizenship was granted.
(C) Each Iraqi shall have the right to carry more than one citizenship. Any
Iraqi whose citizenship was withdrawn because he acquired another citizenship
shall be deemed an Iraqi.
(D) Any Iraqi whose Iraqi citizenship was withdrawn for political٫ religious٫
racial٫ or sectarian reasons has the right to reclaim his Iraqi citizenship.
(E) Decision Number 666 (1980) of the dissolved Revolutionary Command Council
is annuled٫ and anyone whose citizenship was withdrawn on the basis of this
decree shall be deemed an Iraqi.
(F) The National Assembly must issue laws pertaining to citizenship and
naturalization consistent with the provisions of this Law
(G) The Courts shall examine all disputes airising from the application of the
provisions relating to citizenship.
Article 12 [Equality٫ Life٫ Liberty٫ Personal Security]
All Iraqis are equal in their rights without regard to gender٫ sect٫ opinion٫
belief٫ nationality٫ religion٫ or origin٫ and they are equal before the law.
Discrimination against an Iraqi citizen on the basis of his gender٫
nationality٫ religion٫ or origin is prohibited. Everyone has the right to life٫
liberty٫ and the security of his person. No one may be deprived of his life or
liberty٫ except in accordance with legal procedures. All are equal before the
courts.
Article 13 [Expression٫ Assembly٫ Association٫ Movement٫ Religion٫ Privacy]
(A) Public and private freedoms shall be protected.
(B) The right of free expression shall be protected.
(C) The right of free peaceable assembly and the right to join associations
freely٫ as well as the right to form and join unionnns and political parties
freely٫ in accordance with the law٫ shall be guaranteed.
(D) Each Iraqi has the right of free movement in all parts of Iraq and the
right to travel abroad and return freely.
(E) Each Iraqi has the right to demonstrate and strike peaceably in accordance
with the law.
(F) Each Iraqi has the right to freedom of thought٫ conscience٫ and religious
belief and practice. Coercion in such matters shall be prohibited.
(G) Slavery٫ the slave trade٫ forced labor٫ and involuntary servitude with or
without pay٫ shall be forbidden.
(H) Each Iraqi has the right to privacy.
Article 14 [Security٫ Education٫ Health٫ Social Security]
The individual has the right to security٫ education٫ health care٫ and social
security. The Iraqi State and its governmental units٫ including the federal
government٫ the regions٫ governorates٫ municipalities٫ and local
administrations٫ within the limits of their resources and with due regard to
other vital needs٫ shall strive to provide prosperity and employment
opportunities to the people.
Article 15 [Rule of Law٫ Search٫ Seizure٫ Arrest٫ Fair Trial]
(A) No civil law shall have retroactive effect unless the law so stipulates.
There shall be neither a crime٫ nor punishment٫ except by law in effect at the
time the crime is committed.
(B) Police٫ investigators٫ or other governmental authorities may not violate
the sanctity of private residences٫ whether these authorities belong to the
federal or regional governments٫ governorates٫ municipalities٫ or local
administrations٫ unless a judge or investigating magistrate has issued a search
warrant in accordance with applicable law on the basis of information provided
by a sworn individual who knew that bearing false witness would render him
liable to punishment. Extreme exigent circumstances٫ as determined by a court
of competent jurisdiction٫ may justify a warrantless search٫ but such
exigencies shall be narrowly construed. In the event that a warrantless search
is carried out in the absence of an extreme exigent circumstance٫ the evidence
so seized٫ and any other evidence found derivatively from such search٫ shall be
inadmissible in connection with a criminal charrrge٫ unless the court
determines that the person who carried out the warrantless search believed
reasonably and in good faith that the search was in accordance with the law.
(C) No one may be unlawfully arrested or detained٫ and no one may be detained
by reason of political or religious beliefs.
(D) All persons shall be guaranteed the right to a fair and public hearing by
an independent and impartial tribunal٫ regardless of whether the proceeding is
civil or criminal. Notice of the proceeding and its legal basis must be
provided to the accused without delay.
(E) The accused is innocent until proven guilty pursuant to law٫ and he
likewise has the right to engage independent and competent counsel٫ to remain
silent in response to questions addressed to him with no compulsion to testify
for any reason٫ to participate in preparing his defense٫ and to summon and
examine witnesses or to ask the judge to do so. At the time a person is
arrested٫ he must be notified of these rights.
(F) The right to a fair٫ speedy٫ and open trial shall be guaranteed.
(G) Every person deprived of his liberty by arrest or detention shall have the
right of recourse to a court to determine the legality of his arrest or
detention without delay and to order his release if this occurred in an illegal
manner.
(H) After being found innocent of a charrrge٫ an accused may not be tried once
again on the same charrrge.
(I) Civilians may not be tried before a military tribunal. Special or
exceptional courts may not be established.
(J) Torture in all its forms٫ physical or mental٫ shall be prohibited under all
circumstances٫ as shall be cruel٫ inhuman٫ or degrading treatment. No
confession made under compulsion٫ torture٫ or threat thereof shall be relied
upon or admitted into evidence for any reason in any proceeding٫ whether
criminal or otherwise.
Article 16 [Property]
(A) Public property is sacrosanct٫ and its protection is the duty of every
citizen.
(B) The right to private property shall be protected٫ and no one may be
prevented from disposing of his property except within the limits of law. No
one shall be deprived of his property except by eminent domain٫ in
circumstances and in the manner set forth in law٫ and on condition that he is
paid just and timely compensation.
(C) Each Iraqi citizen shall have the full and unfettered right to own real
property in all parts of Iraq without restriction.
Article 17 [Licensed Arms]
It shall not be permitted to possess٫ bear٫ buy٫ or sell arms except on
licensure issued in accordance with the law.
Article 18 [Taxation٫ Fees]
There shall be no taxation or fee except by law.
Article 19 [Asylum]
No political refugee who has been granted asylum pursuant to applicable law may
be surrendered or returned forcibly to the country from which he fled.
Article 20 [Electoral Rights]
(A) Every Iraqi who fulfills the conditions stipulated in the electoral law has
the right to stand for election and cast his ballot secretly in free٫ open٫
fair٫ competitive٫ and periodic elections.
(B) No Iraqi may be discriminated against for purposes of voting in elections
on the basis of gender٫ religion٫ sect٫ race٫ belief٫ ethnic origin٫ language٫
wealth٫ or literacy.
Article 21 [Civil Society]
Neither the Iraqi Transitional Government nor the governments and
administrations of the regions٫ governorates٫ and municipalities٫ nor local
administrations may interfere with the right of the Iraqi people to develop the
institutions of civil society٫ whether in cooperation with international civil
society organizations or otherwise.
Article 22 [Compensation]
If٫ in the course of his work٫ an official of any government office٫ whether in
the federal government٫ the regional governments٫ the governorate and municipal
administrations٫ or the local administrations٫ deprives an individual or a
group of the rights guaranteed by this Law or any other Iraqi laws in force٫
this individual or group shall have the right to maintain a cause of action
against that employee to seek compensation for the damages caused by such
deprivation٫ to vindicate his rights٫ and to seek any other legal measure. If
the court decides that the official had acted with a sufficient degree of good
faith and in the belief that his actions were consistent with the law٫ then he
is not required to pay compensation.
Article 23 [Other Rights٫ Rights of Foreigners]
The enumeration of the foregoing rights must not be interpreted to mean that
they are the only rights enjoyed by the Iraqi people. They enjoy all the rights
that befit a free people possessed of their human dignity٫ including the rights
stipulated in international treaties and agreements٫ other instruments of
international law that Iraq has signed and to which it has acceded٫ and others
that are deemed binding upon it٫ and in the law of nations. Non-Iraqis within
Iraq shall enjoy all human rights not inconsistent with their status as
non-citizens.
Chapter Three ---- The Iraqi Transitional Government
Article 24 [Federal Government]
(A) The Iraqi Transitional Government٫ which is also referred to in this Law as
the federal government٫ shall consist of the National Assembly; the
Presidency Council; the Council of Ministers٫ including the Prime Minister;
and the judicial authority.
(B) The three authorities٫ legislative٫ execccutive٫ and judicial٫ shall be
separate and independent of one another.
(C) No official or employee of the Iraqi Transitional Government shall enjoy
immunity for criminal acts committed while in office.
Article 25 [Government Competences]
The Iraqi Transitional Government shall have exclusive competence in the
following matters:
(A) Formulating foreign policy and diplomatic representation; negotiating٫
signing٫ and ratifying international treaties and agreements; formulating
foreign economic and trade policy and sovereign debt policies;
(B) Formulating and execccuting national security policy٫ including creating
and maintaining armed forces to secure٫ protect٫ and guarantee the security of
the country''s borders and to defend Iraq;
(C) Formulating fiscal policy٫ issuing currency٫ regulating customs٫ 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;
(D) Regulating weights and measures and formulating a general policy on wages;
(E) Managing the natural resources of Iraq٫ which belongs to all the people of
all the regions and governorates of Iraq٫ in consultation with the governments
of the regions and the administrations of the governorates٫ and distributing
the revenues resulting from their sale through the national budget in an
equitable manner proportional to the distribution of population throughout the
country٫ and with due regard for areas that were unjustly deprived of these
revenues by the previous regime٫ for dealing with their situations in a
positive way٫ for their needs٫ and for the degree of development of the
different areas of the country;
(F) Regulating Iraqi citizenship٫ immigration٫ and asylum; and
(G) Regulating telecommunications policy.
Article 26 [Old Laws٫ CPA-Laws]
(A) Except as otherwise provided in this Law٫ the laws in force in Iraq on 30
June 2004 shall remain in effect unless and until rescinded or amended by the
Iraqi Transitional Government in accordance with this Law.
(B) Legislation issued by the federal legislative authority shall supersede any
other legislation issued by any other legislative authority in the event that
they contradict each other٫ except as provided in Article 54 (B).
(C) The laws٫ regulations٫ orders٫ and directives issued by the Coalition
Provisional Authority pursuant to its authority under international law shall
remain in force until rescinded or amended by legislation duly enacted and
havinggg the force of law.
Article 27 [Iraqi Armed Forces]
(A) The Iraqi Armed Forces shall consist of the active and reserve units٫ and
elements thereof. The purpose of these forces is the defense of Iraq.
(B) Armed forces and militias not under the command structure of the Iraqi
Transitional Government are prohibited٫ except as provided by federal law.
(C) The Iraqi Armed Forces and its personnel٫ including military personnel
working in the Ministry of Defense or any offices or organizations subordinate
to it٫ may not stand for election to political office٫ campaign for candidates٫
or participate in other activities forbidden by 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 vote in elections.
(D) The Iraqi Intelligence Service shall collect information٫ assess threats to
national security٫ and advise the Iraqi government. This Service shall be under
civilian control٫ shall be subject to legislative oversight٫ and shall operate
pursuant to law and in accordance with recognized principles of human rights.
(E) The Iraqi Transitional Government shall respect and implement Iraq''s
international obligations regarding the non-proliferation٫ non-development٫
non-production٫ and non-use of nuclear٫ chemical٫ and biological weapons٫ and
associated equipment٫ materiel٫ technologies٫ and delivery systems for use in
the development٫ manufacture٫ production٫ and use of such weapons.
Article 28 [Incompatibility]
(A) Members of the National Assembly; the Presidency Council; the Council
of Ministers٫ including the Prime Minister; and judges and justices of the
courts may not be appointed to any other position in or out of government. Any
member of the National Assembly who becomes a member of the Presidency Council
or Council of Ministers shall be deemed to have resigned his membership in the
National Assembly.
(B) In no event may a member of the armed forces be a member of the National
Assembly٫ minister٫ Prime Minister٫ or member of the Presidency Council unless
the individual has resigned his commission or rank٫ or retired from duty at
least eighteen months prior to serving.
Article 29 [Transfer of Powers]
Upon the assumption of full authority by the Iraqi Interim Government in
accordance with Article 2 (B)(1)٫ above٫ the Coalition Provisional Authority
shall be dissolved and the work of the Governing Council shall come to an end.
Chapter Four ---- The Transitional Legislative Authority
Article 30 [National Assembly٫ Elections]
(A) During the transitional period٫ the State of Iraq shall have a legislative
authority known as the National Assembly. Its principal mission shall be to
legislate and exercise oversight over the work of the execccutive authority.
(B) Laws shall be issued in the name of the people of Iraq. Laws٫ regulations٫
and directives related to them shall be published in the official gazette and
shall take effect as of the date of their publication٫ unless they stipulate
otherwise.
(C) The National Assembly shall be elected in accordance with an electoral law
and a political parties law. The electoral law shall aim to achieve the goal of
havinggg women constitute no less than one-quarter of the members of the
National Assembly and of havinggg fair representation for all communities in
Iraq٫ including the Turcomans٫ ChaldoAssyrians٫ and others.
(D) Elections for the National Assembly shall take place by 31 December 2004 if
possible٫ and in any case no later than by 31 January 2005.
Article 31 [Composition٫ Qualification]
(A) The National Assembly shall consist of 275 members. It shall enact a law
dealing with the replacement of its members in the event of resignation٫
removal٫ or death.
(B) A nominee to the National Assembly must fulfill the following conditions:
(1) He shall be an Iraqi no less than 30 years of age.
(2) He shall not have been a member of the dissolved Ba''ath Party with the
rank of Division Member or higher٫ unless exempted pursuant to the applicable
legal rules.
(3) If he was once a member of the dissolved Ba''ath Party with the rank of
Full Member٫ he shall be required to sign a document renouncing the Ba''ath
Party and disavowing all of his past links with it before becoming eligible to
be a candidate٫ as well as to swear that he no longer has any dealings or
connection with Ba''ath Party organizations. If it is established in court
that he lied or fabricated on this score٫ he shall lose his seat in the
National Assembly.
(4) He shall not have been a member of the former agencies of repression and
shall not have contributed to or participated in the persecution of citizens.
(5) He shall not have enriched himself in an illegitimate manner at the expense
of the homeland and public finance.
(6) He shall not have been convicted of a crime involving moral turpitude and
shall have a good reputation.
(7) He shall have at least a secondary school diploma٫ or equivalent.
(8) He shall not be a member of the armed forces at the time of his nomination.
Article 32 [Procedures٫ Publicity٫ President٫ Readings]
(A) The National Assembly shall draw up its own internal procedures٫ and it
shall sit in public session unless circumstances require otherwise٫ consistent
with its internal procedures. The first session of the Assembly shall be
chaired by its oldest member.
(B) The National Assembly shall elect٫ from its own members٫ a president and
two deputy presidents of the National Assembly. The president of the National
Assembly shall be the individual who receives the greatest number of votes for
that office; the first deputy president the next highest; and the second
deputy president the next. The president of the National Assembly may vote on
an issue٫ but may not participate in the debates٫ unless he temporarily steps
out of the chair immediately prior to addressing the issue.
(C) A bill shall not be voted upon by the National Assembly unless it has been
read twice at a regular session of the Assembly٫ on condition that at least two
days intervene between the two readings٫ and after the bill has been placed on
the agenda of the session at least four days prior to the vote.
Article 33 [Publicity٫ Transparency٫ Majority٫ Budget٫ Treaties٫
Interpellation٫ Investigation]
(A) Meetings of the National Assembly shall be public٫ and transcripttts of
its meetings shall be recorded and published. The vote of every member of the
National Assembly shall be recorded and made public. Decisions in the National
Assembly shall be taken by simple majority unless this Law stipulates
otherwise.
(B) The National Assembly must examine bills proposed by the Council of
Ministers٫ including budget bills.
(C) Only the Council of Ministers shall have the right to present a proposed
national budget. The National Assembly has the right to reallocate proposed
spending and to reduce the total amounts in the general budget. It also has the
right to propose an increase in the overall amount of expenditures to the
Council of Ministers if necessary.
(D) Members of the National Assembly shall have the right to propose bills٫
consistent with the internal procedures that drawn up by the Assembly.
(E) The Iraqi Armed Forces may not be dispatched outside Iraq even for the
purpose of defending against foreign aggression except with the approval of the
National Assembly and upon the request of the Presidency Council.
(F) Only the National Assembly shall have the power to ratify international
treaties and agreements.
(G) The oversight function performed by the National Assembly and its
committees shall include the right of interpellation of execccutive officials٫
including members of the Presidency Council٫ the Council of Ministers٫
including the Prime Minister٫ and any less senior official of the execccutive
authority. This shall encompass the right to investigate٫ request information٫
and issue subpoenas for persons to appear before them.
Article 34 [Indemnity٫ Immunity]
Each member of the National Assembly shall enjoy immunity for statements made
while the Assembly is in session٫ and the member may not be sued before the
courts for such. A member may not be placed under arrest during a session of
the National Assembly٫ unless the member is accused of a crime and the National
Assembly agrees to lift his immunity or if he is caught in flagrante delicto in
the commission of a felony.
Chapter Five ---- The Transitional execccutive Authority
Article 35 [Presidency Council٫ Council of Ministers٫ Prime Minister]
The execccutive authority during the transitional period shall consist of the
Presidency Council٫ the Council of Ministers٫ and its presiding Prime Minister.
Article 36 [Presidency Council٫ Impeachment٫ Qualification]
(A) The National Assembly shall elect a President of the State and two
Deputies. They shall form the Presidency Council٫ the function of which will be
to represent the sovereignty of Iraq and oversee the higher affairs of the
country. The election of the Presidency Council shall take place on the basis
of a single list and by a two-thirds majority of the members'' votes. The
National Assembly has the power to remove any member of the Presidency Council
of the State for incompetence or lack of integrity by a three-fourths majority
of its members'' votes. In the event of a vacancy in the Presidency Council٫
the National Assembly shall٫ by a vote of two-thirds of its members٫ elect a
replacement to fill the vacancy.
(B) It is a prerequisite for a member of the Presidency Council to fulfill the
same conditions as the members of the National Assembly٫ with the following
observations:
(1) He must be at least forty years of age.
(2) He must possess a good reputation٫ integrity٫ and rectitude.
(3) If he was a member of the dissolved Ba''ath Party٫ he must have left the
dissolved Party at least ten years before its fall.
(4) He must not have participated in repressing the intifada of 1991 or the
Anfal campaign and must not have committed a crime against the Iraqi people.
(C) The Presidency Council shall take its decisions unanimously٫ and its
members may not deputize others as proxies.
Article 37 [Veto]
The Presidency Council may veto any legislation passed by the National
Assembly٫ on condition that this be done within fifteen days after the
Presidency Council is notified by the president of the National Assembly of the
passage of such legislation. In the event of a veto٫ the legislation shall be
returned to the National Assembly٫ which has the right to pass the legislation
again by a two-thirds majority not subject to veto within a period not to
exceed thirty days.
Article 38 [Prime Minister٫ Council of Ministers]
(A) The Presidency Council shall name a Prime Minister unanimously٫ as well as
the members of the Council of Ministers upon the recommendation of the Prime
Minister. The Prime Minister and Council of Ministers shall then seek to obtain
a vote of confidence by simple majority from the National Assembly prior to
commencing their work as a government. The Presidency Council must agree on a
candidate for the post of Prime Minister within two weeks. In the event that it
fails to do so٫ the responsibility of naming the Prime Minister reverts to the
National Assembly. In that event٫ the National Assembly must confirm the
nomination by a two-thirds majority. If the Prime Minister is unable to
nominate his Council of Ministers within one month٫ the Presidency Council
shall name another Prime Minister.
(B) The qualifications for Prime Minister must be the same as for the members
of the Presidency Council except that his age must not be less than 35 years
upon his taking office.
Article 39 [Competences]
(A) The Council of Ministers shall٫ with the approval of the Presidency
Council٫ appoint representatives to negotiate the conclusion of international
treaties and agreements. The Presidency Council shall recommend passage of a
law by the National Assembly to ratify such treaties and agreements.
(B) The Presidency Council shall carry out the function of commander-in-chief
of the Iraqi Armed Forces only for ceremonial and protocol purposes. It shall
have no command authority. It shall have the right to be briefed٫ to inquire٫
and to advise. Operationally٫ national command authority on military matters
shall flow from the Prime Minister to the Minister of Defense to the military
chain of command of the Iraqi Armed Forces.
(C) The Presidency Council shall٫ as more fully set forth in Chapter Six٫
below٫ appoint٫ upon recommendation of the Higher Juridical Council٫ the
Presiding Judge and members of the Federal Supreme Court.
(D) The Council of Ministers shall appoint the Director-General of the Iraqi
National Intelligence Service٫ as well as officers of the Iraqi Armed Forces at
the rank of general or above. Such appointments shall be subject to
confirmation by the National Assembly by simple majority of those of its
members present.
Article 40 [Responsibility٫ Vote of No Confidence]
(A) The Prime Minister and the ministers shall be responsible before the
National Assembly٫ and this Assembly shall have the right to withdraw its
confidence either in the Prime Minister or in the ministers collectively or
individually. In the event that confidence in the Prime Minister is withdrawn٫
the entire Council of Ministers shall be dissolved٫ and Article 40 (B)٫ below٫
shall become operative.
(B) In the event of a vote of no confidence with respect to the entire Council
of Ministers٫ the Prime Minister and Council of Ministers shall remain in
office to carry out their functions for a period not to exceed thirty days٫
until the formation of a new Council of Ministers٫ consistent with Article 38٫
above.
Article 41 [Prime Minister''s Duties٫ Dismissal]
The Prime Minister shall have day-to-day responsibility for the management of
the government٫ and he may dismiss ministers with the approval of an simple
majority of the National Assembly. The Presidency Council may٫ upon the
recommendation of the Commission on Public Integrity after the exercise of due
process٫ dismiss the Prime Minister or the ministers.
Article 42 [Rules of Procedure٫ Legislative Initiative]
The Council of Ministers shall draw up rules of procedure for its work and
issue the regulations and directives necessary to enforce the laws. It also has
the right to propose bills to the National Assembly. Each ministry has the
right٫ within its competence٫ to nominate deputy ministers٫ ambassadors٫ and
other employees of special grade. After the Council of Ministers approves these
nominations٫ they shall be submitted to the Presidency Council for
ratification. All decisions of the Council of Ministers shall be taken by
simple majority of those of its members present.
Chapter Six ---- The Federal Judicial Authority
Article 43 [Independence٫ Judicial Administration]
(A) The judiciary is independent٫ and it shall in no way be administered by the
execccutive authority٫ including the Ministry of Justice. The judiciary shall
enjoy exclusive competence to determine the innocence or guilt of the accused
pursuant to law٫ without interference from the legislative or execccutive
authorities.
(B) All judges sitting in their respective courts as of 1 July 2004 will
continue in office thereafter٫ unless removed from office pursuant to this Law.
(C) The National Assembly shall establish an independent and adequate budget
for the judiciary.
(D) Federal courts shall adjudicate matters that arise from the application of
federal laws. The establishment of these courts shall be within the exclusive
competence of the federal government. The establishment of these courts in the
regions shall be in consultation with the presidents of the judicial councils
in the regions٫ and priority in appointing or transferring judges to these
courts shall be given to judges resident in the region.
Article 44 [Federal Supreme Court]
(A) A court called the Federal Supreme Court shall be constituted by law in
Iraq.
(B) The jurisdiction of the Federal Supreme Court shall be as follows:
(1) Original and exclusive jurisdiction in legal proceedings between the Iraqi
Transitional Government and the regional governments٫ governorate and municipal
administrations٫ and local administrations.
(2) Original and exclusive jurisdiction٫ on the basis of a complaint from a
claimant or a referral from another court٫ to review claims that a law٫
regulation٫ or directive issued by the federal or regional governments٫ the
governorate or municipal administrations٫ or local administrations is
inconsistent with this Law.
(3) Ordinary appellate jurisdiction of the Federal Supreme Court shall be
defined by federal law.
(C) Should the Federal Supreme Court rule that a challenged law٫ regulation٫
directive٫ or measure is inconsistent with this Law٫ it shall be deemed null
and void.
(D) The Federal Supreme Court shall createee and publish regulations regarding
the procedures required to bring claims and to permit attorneys to practice
before it. It shall take its decisions by simple majority٫ except decisions
with regard to the proceedings stipulated in Article 44 (B)(1)٫ which must be
by a two-thirds majority. Decisions shall be binding. The Court shall have full
powers to enforce its decisions٫ including the power to issue citations for
contempt of court and the measures that flow from this.
(E) The Federal Supreme Court shall consist of nine members. The Higher
Juridical Council shall٫ in consultation with the regional judicial councils٫
initially nominate no less than eighteen and up to twenty-seven individuals to
fill the initial vacancies in the aforementioned Court. It will follow the same
procedure thereafter٫ nominating three members for each subsequent vacancy that
occurs by reason of death٫ resignation٫ or removal. The Presidency Council
shall appoint the members of this Court and name one of them as its Presiding
Judge. In the event an appointment is rejected٫ the Higher Juridical Council
shall nominate a new group of three candidates.
Article 45 [Higher Juridical Council]
A Higher Juridical Council shall be established and assume the role of the
Council of Judges. The Higher Juridical Council shall supervise the federal
judiciary and shall administer its budget. This Council shall be composed of
the Presiding Judge of the Federal Supreme Court٫ the presiding judge and
deputy presiding judges of the federal Court of Cassation٫ the presiding judges
of the federal Courts of Appeal٫ and the presiding judge and two deputy
presiding judges of each regional court of cassation. The Presiding Judge of
the Federal Supreme Court shall preside over the Higher Juridical Council. In
his absence٫ the presiding judge of the federal Court of Cassation shall
preside over the Council.
Article 46 [Federal Judicial Branch٫ Courts of the Kurdistan Region]
(A) The federal judicial branch shall include existing courts outside the
Kurdistan region٫ including courts of first instance; the Central Criminal
Court of Iraq; Courts of Appeal; and the Court of Cassation٫ which shall
be the court of last resort except as provided in Article 44 of this Law.
Additional federal courts may be established by law. The appointment of judges
for these courts shall be made by the Higher Juridical Council. This Law
preserves the qualifications necessary for the appointment of judges٫ as
defined by law.
(B) The decisions of regional and local courts٫ including the courts of the
Kurdistan region٫ shall be final٫ but shall be subject to review by the federal
judiciary if they conflict with this Law or any federal law. Procedures for
such review shall be defined by law.
Article 47 [Immunity٫ Removal]
No judge or member of the Higher Juridical Council may be removed unless he is
convicted of a crime involving moral turpitude or corruption or suffers
permanent incapacity. Removal shall be on the recommendation of the Higher
Juridical Council٫ by a decision of the Council of Ministers٫ and with the
approval of the Presidency Council. Removal shall be execccuted immediately
after issuance of this approval. A judge who has been accused of such a crime
as cited above shall be suspended from his work in the judiciary until such
time as the case arising from what is cited in this Article is adjudicated. No
judge may have his salary reduced or suspended for any reason during his period
of service.
Chapter Seven ---- The Special Tribunal and National Commissions
Article 48 [Iraqi Special Tribunal]
(A) The statute establishing the Iraqi Special Tribunal issued on 10 December
2003 is confirmed. That statute exclusively defines its jurisdiction and
procedures٫ notwithstanding the provisions of this Law.
(B) No other court shall have jurisdiction to examine cases within the
competence of the Iraqi Special Tribunal٫ except to the extent provided by its
founding statute.
(C) The judges of the Iraqi Special Tribunal shall be appointed in accordance
with the provisions of its founding statute.
Article 49 [National Commissions]
(A) The establishment of national commissions such as the Commission on Public
Integrity٫ the Iraqi Property Claims Commission٫ and the Higher National
De-Ba''athification Commission is confirmed٫ as is the establishment of
commissions formed after this Law has gone into effect. The members of these
national commissions shall continue to serve after this Law has gone into
effect٫ taking into account the contents of Article 51٫ below.
(B) The method of appointment to the national commissions shall be in
accordance with law.
Article 50 [National Commission for Human Rights]
The Iraqi Transitional Government shall establish a National Commission for
Human Rights for the purpose of execccuting the commitments relative to the
rights set forth in this Law and to examine complaints pertaining to violations
of human rights. The Commission shall be established in accordance with the
Paris Principles issued by the United Nations on the responsibilities of
national institutions. This Commission shall include an Office of the Ombudsman
to inquire into complaints. This office shall have the power to investigate٫ on
its own initiative or on the basis of a complaint submitted to it٫ any
allegation that the conduct of the governmental authorities is arbitrary or
contrary to law.
Article 51 [Imcompatibility]
No member of the Iraqi Special Tribunal or of any commission established by the
federal government may be employed in any other capacity in or out of
government. This prohibition is valid without limitation٫ whether it be within
the execccutive٫ legislative٫ or judicial authority of the Iraqi Transitional
Government. Members of the Special Tribunal may٫ however٫ suspend their
employment in other agencies while they serve on the aforementioned Tribunal.
Chapter Eight ---- Regions٫ Governorates٫ and Municipalities
Article 52 [General Principles]
The design of the federal system in Iraq shall be established in such a way as
to prevent the concentration of power in the federal government that allowed
the continuation of decades of tyranny and oppression under the previous
regime. This system shall encourage the exercise of local authority by local
officials in every region and governorate٫ thereby creating a united Iraq in
which every citizen actively participates in governmental affairs٫ secure in
his rights and free of domination.
Article 53 [Kurdistan Regional Government]
(A) The Kurdistan Regional Government is recognized as the official government
of the territories that were administered by the that government on 19 March
2003 in the governorates of Dohuk٫ Arbil٫ Sulaimaniya٫ Kirkuk٫ Diyala and
Neneveh. The term "Kurdistan Regional Government" shall refer to the Kurdistan
National Assembly٫ the Kurdistan Council of Ministers٫ and the regional
judicial authority in the Kurdistan region.
(B) The boundaries of the eighteen governorates shall remain without change
during the transitional period.
(C) Any group of no more than three governorates outside the Kurdistan region٫
with the exception of Baghdad and Kirkuk٫ shall have the right to form regions
from amongst themselves. The mechanisms for forming such regions may be
proposed by the Iraqi Interim Government٫ and shall be presented and considered
by the elected National Assembly for enactment into law. In addition to being
approved by the National Assembly٫ any legislation proposing the formation of a
particular region must be approved in a referendum of the people of the
relevant governorates.
(D) This Law shall guarantee the administrative٫ cultural٫ and political rights
of the Turcomans٫ ChaldoAssyrians٫ and all other citizens.
Article 54 [Kurdish Regional Competences]
(A) The Kurdistan Regional Government shall continue to perform its current
functions throughout the transitional period٫ except with regard to those
issues which fall within the exclusive competence of the federal government as
specified in this Law. Financing for these functions shall come from the
federal government٫ consistent with current practice and in accordance with
Article 25 (E) of this Law. The Kurdistan Regional Government shall retain
regional control over police forces and internal security٫ and it will have the
right to impose taxes and fees within the Kurdistan region.
(B) With regard to the application of federal laws in the Kurdistan region٫ the
Kurdistan National Assembly shall be permitted to amend the application of any
such law within the Kurdistan region٫ but only to the extent that this relates
to matters that are not within the provisions of Articles 25 and 43 (D) of this
Law and that fall within the exclusive competence of the federal government.
Article 55 [Regional Government]
(A) Each governorate shall have the right to form a Governorate Council٫ name a
Governor٫ and form municipal and local councils. No member of any regional
government٫ governor٫ or member of any governorate٫ municipal٫ or local council
may be dismissed by the federal government or any official thereof٫ except upon
conviction of a crime by a court of competent jurisdiction as provided by law.
No regional government may dismiss a Governor or member or members of any
governorate٫ municipal٫ or local council. No Governor or member of any
Governorate٫ municipal٫ or local council shall be subject to the control of the
federal government except to the extent that the matter relates to the
competences set forth in Article 25 and 43 (D)٫ above.
(B) Each Governor and member of each Governorate Council who holds office as of
1 July 2004٫ in accordance with the law on local government that shall be
issued٫ shall remain in place until such time as free٫ direct٫ and full
elections٫ conducted pursuant to law٫ are held٫ or٫ unless٫ prior to that time٫
he voluntarily gives up his position٫ is removed upon his conviction for a
crime involving moral turpitude or related to corruption٫ or upon being
stricken with permanent incapacity٫ or is dismissed in accordance with the law
cited above. When a governor٫ mayor٫ or member of a council is dismissed٫ the
relevant council may receive applications from any eligible resident of the
governorate to fill the position. Eligibility requirements shall be the same as
those set forth in Article 31 for membership in the National Assembly. The new
candidate must receive a majority vote of the council to assume the vacant
seat.
Article 56 [Regional Competences]
(A) The Governorate Councils shall assist the federal government in the
coordination of federal ministry operations within the governorate٫ including
the review of annual ministry plans and budgets with regard to activities in
the governorate. Governorate Councils shall be funded from the general budget
of the State٫ and these Councils shall also have the authority to increase
their revenues independently by imposing taxes and fees; to organize the
operations of the Governorate administration; to initiate and implement
province-level projects alone or in partnership with international٫ and
non-governmental organizations; and to conduct other activities insofar as
is consistent with federal laws.
(B) The Qada'' and Nahiya councils and other relevant councils shall assist
in the performance of federal responsibilities and the delivery of public
services by reviewing local ministry plans in the afore-mentioned places;
ensuring that they respond properly to local needs and interests;
identifying local budgetary requirements through the national budgeting
procedures; and collecting and retaining local revenues٫ taxes٫ and fees;
organizing the operations of the local administration; initiating and
implementing local projects alone or in conjunction with international٫ and
non-governmental organizations; and conducting other activities consistent
with applicable law.
(C) Where practicable٫ the federal government shall take measures to devolve
additional functions to local٫ governorate٫ and regional administrations٫ in a
methodical way. Regional units and governorate administrations٫ including the
Kurdistan Regional Government٫ shall be organized on the basis of the principle
of de-centralization and the devolution of authorities to municipal and local
governments.
Article 57 [Subsidiarity٫ Elections]
(A) All authorities not exclusively reserved to the Iraqi Transitional
Government may be exercised by the regional governments and governorates as
soon as possible following the establishment of appropriate governmental
institutions.
(B) Elections for governorate councils throughout Iraq and for the Kurdistan
National Assembly shall be held at the same time as the elections for the
National Assembly٫ no later than 31 January 2005.
Article 58 [Steps to Remedy Injustice]
(A) The Iraqi Transitional Government٫ and especially the Iraqi Property Claims
Commission and other relevant bodies٫ shall act expeditiously to take measures
to remedy the injustice caused by the previous regime''s practices in
altering the demographic charrracter of certain regions٫ including Kirkuk٫ by
deporting and expelling individuals from their places of residence٫ forcing
migration in and out of the region٫ settling individuals alien to the region٫
depriving the inhabitants of work٫ and correcting nationality. To remedy this
injustice٫ the Iraqi Transitional Government shall take the following steps:
(1) With regard to residents who were deported٫ expelled٫ or who emigrated;
it shall٫ in accordance with the statute of the Iraqi Property Claims
Commission and other measures within the law٫ within a reasonable period of
time٫ restore the residents to their homes and property٫ or٫ where this is
unfeasible٫ shall provide just compensation.
(2) With regard to the individuals newly introduced to specific regions and
territories٫ it shall act in accordance with Article 10 of the Iraqi Property
Claims Commission statute to ensure that such individuals may be resettled٫ may
receive compensation from the state٫ may receive new land from the state near
their residence in the governorate from which they came٫ or may receive
compensation for the cost of moving to such areas.
(3) With regard to persons deprived of employment or other means of support in
order to force migration out of their regions and territories٫ it shall promote
new employment opportunities in the regions and territories.
(4) With regard to nationality correction٫ it shall repeal all relevant decrees
and shall permit affected persons the right to determine their own national
identity and ethnic affiliation free from coercion and duress.
(B) The previous regime also manipulated and changed administrative boundaries
for political ends. The Presidency Council of the Iraqi Transitional Government
shall make recommendations to the National Assembly on remedying these unjust
changes in the permanent constitution. In the event the Presidency Council is
unable to agree unanimously on a set of recommendations٫ it shall unanimously
appoint a neutral arbitrator to examine the issue and make recommendations. In
the event the Presidency Council is unable to agree on an arbitrator٫ it shall
request the Secretary General of the United Nations to appoint a distinguished
international person to be the arbitrator.
(C) The permanent resolution of disputed territories٫ including Kirkuk٫ shall
be deferred until after these measures are completed٫ a fair and transparent
census has been conducted and the permanent constitution has been ratified.
This resolution shall be consistent with the principle of justice٫ taking into
account the will of the people of those territories.
Chapter Nine ---- The Transitional Period
Article 59 [Armed Forces٫ UN Security Council Resolution]
(A) The permanent constitution shall contain guarantees to ensure that the
Iraqi Armed Forces are never again used to terrorize or oppress the people of
Iraq.
(B) Consistent with Iraq''s status as a sovereign state٫ and with its desire
to join other nations in helping to maintain peace and security and fight
terrorism during the transitional period٫ the Iraqi Armed Forces will be a
principal partner in the multi-national force operating in Iraq under unified
command pursuant to the provisions of United Nations Security Council
Resolution 1511 (2003) and any subsequent relevant resolutions. This
arrangement shall last until the ratification of a permanent constitution and
the election of a new government pursuant to that new constitution.
(C) Upon its assumption of authority٫ and consistent with Iraq''s status as a
sovereign state٫ the elected Iraqi Transitional Government shall have the
authority to conclude binding international agreements regarding the activities
of the multi-national force operating in Iraq under unified command pursuant to
the terms of United Nations Security Council Resolution 1511 (2003)٫ and any
subsequent relevant United Nations Security Council resolutions. Nothing in
this Law shall affect rights and obligations under these agreements٫ or under
United Nations Security Council Resolution 1511 (2003)٫ and any subsequent
relevant United Nations Security Council resolutions٫ which will govern the
multi-national force''s activities pending the entry into force of these
agreements.
Article 60 [Permanent Constitution]
The National Assembly shall write a draft of the permanent constitution of
Iraq. This Assembly shall carry out this responsibility in part by encouraging
debate on the constitution through regular general public meetings in all parts
of Iraq and through the media٫ and receiving proposals from the citizens of
Iraq as it writes the constitution.
Article 61 [Deadlines]
(A) The National Assembly shall write the draft of the permanent constitution
by no later than 15 August 2005.
(B) The draft permanent constitution shall be presented to the Iraqi people for
approval in a general referendum to be held no later than 15 October 2005. In
the period leading up to the referendum٫ the draft constitution shall be
published and widely distributed to encourage a public debate about it among
the people.
(C) The general referendum will be successful and the draft constitution
ratified if a majority of the voters in Iraq approve and if two-thirds of the
voters in three or more governorates do not reject it.
(D) If the permanent constitution is approved in the referendum٫ elections for
a permanent government shall be held no later than 15 December 2005 and the new
government shall assume office no later than 31 December 2005.
(E) If the referendum rejects the draft permanent constitution٫ the National
Assembly shall be dissolved. Elections for a new National Assembly shall be
held no later than 15 December 2005. The new National Assembly and new Iraqi
Transitional Government shall then assume office no later than 31 December
2005٫ and shall continue to operate under this Law٫ except that the final
deadlines for preparing a new draft may be changed to make it possible to draft
a permanent constitution within a period not to exceed one year. The new
National Assembly shall be entrusted with writing another draft permanent
constitution.
(F) If necessary٫ the president of the National Assembly٫ with the agreement of
a majority of the members'' votes٫ may certify to the Presidency Council no
later than 1 August 2005 that there is a need for additional time to complete
the writing of the draft constitution. The Presidency Council shall then extend
the deadline for writing the draft constitution for only six months. This
deadline may not be extended again.
(G) If the National Assembly does not complete writing the draft permanent
constitution by 15 August 2005 and does not request extension of the deadline
in Article 61 (D) above٫ the provisions of Article 61 (E)٫ above٫ shall be
applied.
Article 62 [Duration]
This law shall remain in effect until the permanent constitution is issued and
the new Iraqi government is formed in accordance with it.
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© 1994 - Mar 8th٫ 2004 / For corrections please contact A. Tschentscher.
