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Partial text of draft Iraqi constitution
The following is an excerpt from the preamble, and the partial text of the draft constitution for Iraq as translated by Reuters and the Associated Press.
PREAMBLE
"... We rushed in the millions to the ballot boxes for the first time in our history - men, women, the elderly, young people - on January 30, 2005, remembering the pain of sectarian repression practised against the majority and the suffering of Iraq's Shias, Sunnis, Arabs, Kurds and Turkmen and other martyrs, remembering the tyranny practised against the holy cities in the popular Intifada, the Marsh region, the national repression in the massacres of Halabja, Barazan, the Anfal campaign, the Faili Kurds, the Turkmen in Bashir, the suffering of the people of the western region where terrorists and their allies have striven to prevent people from taking part in the elections and establishing a civil society and cooperating in building our new Iraq of the future, without sectarian strife, racism, regional complexes, discrimination and marginalisation.
"Terrorism and the denunciation of people as non-Muslims have not stopped us going forward to build a state of law, and sectarianism and racism have not stopped us ... following the peaceful rotation of power, adopting the principle of fair distribution of resources and allowing equality of opportunity for all.
"We, the Iraqi people now rising from suppression and looking forward to a future in a republican, federal, democratic and pluralist system, have made a pact to respect the rule of law, reject the politics of aggression, give attention to the rights of women, men and children, spread the culture of diversity, and uproot terrorism.
"We, the people of Iraq, have taken upon ourselves to write this constitution in freedom and unity, to learn from what has preceded it and let it be a guide to us in the future, and to draft it using the values and examples of the prophets of old and new developments in knowledge and civilization. Abiding by this constitution will preserve for Iraq the free unity of its components in terms of people, land and sovereignty."
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. Recognising 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 organisation that follow a racist, terrorist, extremist, sectarian-cleaning ideology or circulates or justifies such beliefs is banned, especially Saddam's Ba'ath 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 centre 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 organisations.
Article 39
Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organised 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-Ba'athification continues its work as an independent commission, in coordination with the judicial authority and executive institutions and according to laws that organise 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% 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.
http://www.guardian.co.uk/Iraq/Story/0,2763,1554716,00.html
"... We rushed in the millions to the ballot boxes for the first time in our history - men, women, the elderly, young people - on January 30, 2005, remembering the pain of sectarian repression practised against the majority and the suffering of Iraq's Shias, Sunnis, Arabs, Kurds and Turkmen and other martyrs, remembering the tyranny practised against the holy cities in the popular Intifada, the Marsh region, the national repression in the massacres of Halabja, Barazan, the Anfal campaign, the Faili Kurds, the Turkmen in Bashir, the suffering of the people of the western region where terrorists and their allies have striven to prevent people from taking part in the elections and establishing a civil society and cooperating in building our new Iraq of the future, without sectarian strife, racism, regional complexes, discrimination and marginalisation.
"Terrorism and the denunciation of people as non-Muslims have not stopped us going forward to build a state of law, and sectarianism and racism have not stopped us ... following the peaceful rotation of power, adopting the principle of fair distribution of resources and allowing equality of opportunity for all.
"We, the Iraqi people now rising from suppression and looking forward to a future in a republican, federal, democratic and pluralist system, have made a pact to respect the rule of law, reject the politics of aggression, give attention to the rights of women, men and children, spread the culture of diversity, and uproot terrorism.
"We, the people of Iraq, have taken upon ourselves to write this constitution in freedom and unity, to learn from what has preceded it and let it be a guide to us in the future, and to draft it using the values and examples of the prophets of old and new developments in knowledge and civilization. Abiding by this constitution will preserve for Iraq the free unity of its components in terms of people, land and sovereignty."
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. Recognising 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 organisation that follow a racist, terrorist, extremist, sectarian-cleaning ideology or circulates or justifies such beliefs is banned, especially Saddam's Ba'ath 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 centre 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 organisations.
Article 39
Iraqis are free to abide in their personal lives according to their religion, sects, beliefs or choice. This should be organised 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-Ba'athification continues its work as an independent commission, in coordination with the judicial authority and executive institutions and according to laws that organise 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% 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.
http://www.guardian.co.uk/Iraq/Story/0,2763,1554716,00.html
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Tuesday August 23, 2005
Has Iraq agreed on a new constitution?
Iraq's ruling coalition of Shia Muslims and Kurds agreed a compromise early on August 22. After presenting the draft to parliament, they gave the Sunni Arab minority until Thursday August 25 to agree to the deal or face losing political power.
The coalition has enough seats in parliament to push the draft through without Sunni consensus. But the Sunnis have warned of civil war if the constitution is passed without their support.
Why are the Sunnis opposing the draft?
The Sunni members of the drafting committee say they rejected the proposal because they were sidelined in negotiations and misled that there would be no deal without consensus.
Their main objection is to federalism and the risk that it could break up Iraq. The Sunnis - who were dominant under Saddam Hussein - oppose a federal Iraq because they fear it could cut them out of the country's oil wealth and leave them powerless.
The Kurds already have an autonomous region in northern Iraq, but the Shias are also demanding their own area of self-rule in the south. Both areas produce oil.
Sunnis live largely in central areas devoid of oil - the so-called barren sands of Ambar - so revenue from oil-rich areas could be lost under a federal system.
Are there any other sticking points?
One major issue is the role of Islam in the new legislation. The constitutional draft declares that Islam is "a main source" of legislation, and states that no law may contradict Islamic and democratic standards or "the essential rights and freedoms mentioned in this constitution".
But critics say the proposals erode women's rights and other freedoms enshrined under existing laws. Under the Sharia, women do not receive inheritance money equal to that of men, and are forbidden to begin divorce proceedings. Their evidence in court is also regarded as being worth half that of a man.
The US has apparently eased its opposition to an Islamic Iraqi state to help secure a new constitution. According to Kurdish and Sunni negotiators, the US ambassador, Zalmay Khalilzad, proposed that Islam be named "a primary source" of law.
Two other sticking points still to be resolved are the division of powers between the president, the parliament and the cabinet, and so-called de-Ba'athification - the extent to which former members of Saddam Hussein's regime should be purged in the new Iraq.
What else is in the constitution?
The draft promises a "future in a republican, federal, democratic and pluralist system" with "a pact to respect the rule of law, reject the politics of aggression, give attention to the rights of women, men and children, spread the culture of diversity, and uproot terrorism".
The draft "guarantees the Islamic identity of the Iraqi people" but also "guarantees all religious rights" and states that all Iraqis "are free within their ideology and the practice of their ideological practices". It says no law may contradict "democratic standards" or "the essential rights and freedoms mentioned in this constitution".
It also declares both Arabic and Kurdish as official languages, bringing Kurdish to an equal status nationwide.
What happens now?
The draft constitution was submitted to parliament on time on August 22, meeting the deadline mandated by the interim constitution, but was delayed for further negotiations.
The ruling Shia-Kurdish coalition could force the draft through parliament, but bringing Sunni political parties on board has been described as a crucial step to weakening the Sunni-driven insurgency.
Sunnis largely boycotted the interim parliamentary elections in January, saying they lacked legitimacy while foreign troops were in the country. Conservative Shia religious parties are now dominant after sweeping to power in January.
If the bill is forced through, the Sunnis could still delay the constitution when voters decide whether to ratify it in a referendum in October.
Under the current rules, the constitution would be defeated if it was opposed by two-thirds of the voters in three of Iraq's 18 provinces. Sunnis form the majority in at least four.
If the new constitution is not approved, parliament may vote on setting a new deadline. If it cannot agree on either the draft or a new deadline, it will have to dissolve and new elections held.
However, if the constitution is approved and then voted on in the referendum, fresh elections will follow to elect a fully mandated parliament under its terms, probably in December.
http://www.guardian.co.uk/Iraq/Story/0,2763,1549574,00.html
"The republic of Iraq is an independent sovereign state with a system of government that is republican, parliamentary, democratic and federal." "Islam is the official religion of the state, and it is a main source for legislation. No law can be passed that contradicts the fixed principles of Islam's rulings. No law can be passed that contradicts the principles of democracy. No law can be passed that contradicts basic rights and freedoms mentioned in this constitution."
"This constitution guarantees the Islamic identity of the majority of the Iraqi people, as well as complete religious rights for all individuals to freedom of beliefs and religious practice."
"Iraq is a multi-ethnic and multi-religious country and it is part of the Islamic world, and the Arab people in it are part of the Arab nation."
"The Arabic language and Kurdish language are the two official languages of Iraq, and the right of Iraqis to educate their children in mother tongues such as Turkmen and Syriac in government teaching establishments ... or any other language in private institutions is guaranteed."
"Speech and expression in official forums such as Parliament, government, courts and conferences can be in either of the two languages."
"Federal institutions and bodies in the Kurdistan region will use the two languages."
"The law has sovereignty, the people are the source of authorities and their legitimacy, and they practise this via direct secret ballot and their constitutional institutions."
"Rotation of power is practiced peacefully via the democratic institutions outlined in this constitution."
"All bodies or practices are forbidden which use racism, terrorism, denouncing people as non-Muslim, sectarian cleansing or which incite, prepare, praise, promote or justify them, in particular the Saddamist Baath Party in Iraq under any name, which cannot be part of political pluralism in Iraq, and this will be organized by law."
"The state will combat terrorism in all its forms and act to protect its borders from being used for terrorist activity."
"Iraqi armed forces and security forces will be made up of all components of the Iraqi people without discrimation or marginalization ..."
"Military militias cannot be formed outside the framework of the armed forces."
"The Iraqi government respects and implements Iraq's international commitments preventing the spread, development, production and use of nuclear, chemical and biological weapons ..."
"An Iraqi is anyone born to an Iraqi father or mother. Iraqi nationality is the right of every Iraqi and basis of citizenship ... Iraqis can have numerous nationalities, and anyone who occupies a sovereign or high security post must relinquish any other nationality, and this will be organized by law."
"It is not allowed to detain or hold someone for questioning without a court order. All forms of physical or bodily torture or inhuman treatment are banned ..."
"Parliament will sit for four years ... elections for a new parliament will be held 45 days before the end of the current session."
"The president of the republic can be called to Parliament for questioning if an absolute majority of members demand it ... An absolute majority of parliamentary members can withdraw confidence in any minister, after which the minister will be relieved [of his post] ... The president of the republic can ask Parliament to withdraw confidence in the prime minister ... Parliament can withdraw confidence in the prime minister through an absolute majority; Cabinet is dissolved if confidence is withdrawn in the prime minister."
"The president of the republic is elected for four years. The Cabinet elects a new president of the republic three months before the end of the incumbent president's period of office."
"Oil and gas are the property of all the Iraqi people in all regions and provinces."
"The federal government manages oil and gas from current fields with the governments of the producing regions and provinces, and the resources should be distributed in a fair manner appropriate to the population balance around the entire country, with specific temporary allocations for regions damaged and unfairly neglected under the previous regime ..."
"Federal government and governments of producing regions and provinces will together draw the necessary strategic policies to develop oil and gas wealth for the good of the Iraqi people ..."
"A legislative Federal Assembly comprising representatives of regions and provinces for viewing draft laws concerned with regions and provinces. Law will organize
its formation."
"Regions are formed of one province or more, and two provinces or more have the right to organize themselves into a region. One province or more can form a region through a request for a referendum, presented by either a third of the assemblies of the provinces involved, or a tenth of voters in the provinces involved.
"Executive authority in a region lies in the president of the region and its Cabinet. The president of a region will be elected according to the region's constitution."
http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=2&article_id=17900
On Monday, parliament gave Shia, Kurdish and Sunni negotiators three more days to secure consensus on several outstanding key issues.
They include provisions on federalism, which is opposed by the Sunni Arabs.
Despite some signs of flexibility, it is thought unlikely that the Sunnis will sign up on Thursday, says the BBC's Mike Wooldridge in Baghdad.
President Jalal Talabani, a Kurd, said on Wednesday that Iraq's stability could only be ensured if consensus were reached.
"The constitution will be to serve everybody and not only one community of the Iraqi society," Mr Talabani said.
The outstanding issues from the Shia-Kurdish draft submitted on Monday included:
* federalism, and the way to form [federal] regions
* the terminology used in eradicating the influence of the former Baath regime - whether to use the term Baath party or Saddam's Baath
* structuring of authority between the presidency, parliament and the government.
The original deadline last week has been postponed twice now - giving negotiators 10 extra days to reach a deal.
Break-up fears
Negotiators are due to have further talks on Thursday, but it is not clear what will happen, says our correspondent.
The Shia and Kurdish groups have an overwhelming majority in parliament and can pass the constitution without Sunni support.
But the insurgency that still plagues Iraq has its roots in the Sunni heartlands and the constitution is supposed to be part of the process of winning the Sunni community round, our correspondent says.
Prime Minister Ibrahim Jaafari has said that 151 of 153 articles have been agreed since then - including the issue of federalism.
Sunnis have expressed concerns that allowing for federalism may lead to the creation of an autonomous Shia area in southern Iraq - like the Kurdish north but under Iran's influence.
The Sunnis fear greater autonomy for the Kurdish north and Shia south could compromise their share of revenues from those oil-rich regions.
A referendum on the new constitution is slated for October.
http://news.bbc.co.uk/2/hi/middle_east/4182370.stm