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Constitution of Iraq
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The current constitution of Iraq was approved by a referendum that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitutional Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority after the Iraq War and occupation of Iraq by the United States and Coalition forces.
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended.
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The current constitution of Iraq was approved by a referendum that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitutional Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority after the Iraq War and occupation of Iraq by the United States and Coalition forces.
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party agreed to back a Yes vote in the referendum that took place on October 15, 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
Electoral Commission officials said at a news conference that 78 percent of voters backed the charter and 21 percent opposed it. Of the 18 provinces, two recorded "No" votes greater than two thirds, one province short of a veto. A two-thirds rejection vote in three of the country's 18 provinces (of which three -- Mosul, Anbar, and Salahaddin -- are thought to include Sunni majorities) would have required the dissolution of the Assembly, fresh elections, and the recommencement of the entire drafting process. Turnout in the referendum was 63 percent, commission officials had previously said.
The drafting and adoption of the new Constitution was not without controversy, however, as sectarian tensions in Iraq figured heavily in the process. The chaiman of the drafting committee, Humam Hamoudi, who is a leader in the military wing of the Supreme Islamic Iraqi Council (the Badr Organisation), regularly made statements which were interpreted as meaning that there would be no compromises on Sunni demands. The deadline for the conclusion of drafting was extended on four occasions because of the lack of consensus on religious language. In the end, only three of the 15 Sunni members of the drafting committee attended the signing ceremony, and none of them signed it. Sunni leaders were split as to whether to support the constitution. Saleh al-Mutlaq, the chief Sunni negotiator, urged followers of his Hewar Front to vote against it, but the biggest Sunni block, the Iraqi Accord Front did support the document after receiving promises that it would be reviewed and amended, taking into account their views. A Constitution Amendment Committee has been set up in this regard, but the progress has been slow. Notably, the same controversial figure who chaired the drafting committee, Humam Hamoudi, is chairing the amendment committee as well.
The text of the proposed constitution was read to the National Assembly on Sunday 28 August 2005. It describes the state as a "democratic, federal, representative republic" (art. 1) (however, the division of powers is to be deferred until the first parliament convenes), and a "multiethnic, multi-religious and multi-sect country" (art. 3).
Iraq's first, monarchical, constitution was imposed by the British authorities in 1925 and remained in effect until the 1958 revolution established a republic. Interim constitutions were adopted in 1958, 1963, 1964, 1968, and 1970, the last remaining in effect de jure until the Transitional Administrative Law was adopted. In 1990, a draft constitution was prepared but never promulgated due to the onset of the Gulf War.
Sections and Articles
Preamble
(From the Associated Press .)
In the name of Allah, the Compassionate, the Merciful,
"Verily we have honored the children of Adam" (Qur'an 17:70)
We the sons of Mesopotamia, the land of the prophets, resting place of the holy imams, the leaders of civilization and the creators of the alphabet, the cradle of arithmetic: on our land, the first law put in place by mankind was written; in our nation, the most noble era of justice in the politics of nations was laid down; on our soil, the followers of the prophet and the saints prayed, the philosophers and the scientists theorized and the writers and poets created.
Recognizing Allah's right upon us; obeying the call of our nation and our citizens; responding to the call of our religious and national leaders and the insistence of our great religious authorities and our leaders and our reformers, we went by the millions for the first time in our history to the ballot box, men and women, young and old, on 30 January 2005, remembering the pains of the despotic band's sectarian oppression of the majority; inspired by the suffering of Iraq's martyrs Sunni and Shiite, Arab, Kurd and Turkomen, and the remaining brethren in all communities inspired by the injustice against the holy cities in the popular uprising and against the marshes and other places; recalling the agonies of the national oppression in the massacres of Halabja, Barzan, Anfal and against the Faili Kurds; inspired by the tragedies of the Turkomen in Bashir and the suffering of the people of the western region, whom the terrorists and their allies sought to take hostage and prevent from participating in the elections and the establishment of a society of peace and brotherhood and cooperation so we can create a new Iraq, Iraq of the future, without sectarianism, racial strife, regionalism, discrimination or isolation.
Terrorism and takfir (declaring someone an infidel) did not divert us from moving forward to build a nation of law. Sectarianism and racism did not stop us from marching together to strengthen our national unity, set ways to peacefully transfer power, adopt a manner to fairly distribute wealth and give equal opportunity to all.
We the people of Iraq, newly arisen from our disasters and looking with confidence to the future through a democratic, federal, republican system, are determined men and women, old and young to respect the rule of law, reject the policy of aggression, pay attention to women and their rights, the elderly and their cares, the children and their affairs, spread the culture of diversity and defuse terrorism.
We are the people of Iraq, who in all our forms and groupings undertake to establish our union freely and by choice, to learn yesterday's lessons for tomorrow, and to write down this permanent constitution from the high values and ideals of the heavenly messages and the developments of science and human civilization, and to adhere to this constitution, which shall preserve for Iraq its free union of people, land and sovereignty.
Chapter One: Basic Principles
Chapter One enumerates the basic principles of the Iraq constitution:
- Iraq is an independent nation, and its system of government is a democratic, federal, representative republic.
- Islam is the national religion and a basic foundation for the country's laws; however, freedom of religion is upheld.
- The state has a multi-ethnic makeup and dual national languages: Arabic and Kurdish. Turkmen and Assyrian are official in regions where they are spoken.
- Terrorism, ethnic cleansing, and takfir are banned, as is the "Saddamist Ba'ath Party".
- The country is part of the Islamic world and its Arab citizens are part of the Arab nation.
- The country has a single military, under the command of the civil authority.
- The constitution is the highest law of the land. No law may be passed that contradicts the constitution, the undisputed laws of Islam, or the principles of democracy.
(From the Associated Press .)
Article (1): The Republic of Iraq is an independent, sovereign nation, and the system of rule in it is a democratic, federal, representative (parliamentary) republic.
Article (2):
1st Islam is the official religion of the state and is a basic source of legislation:
- No law can be passed that contradicts the undisputed rules of Islam.
- No law can be passed that contradicts the principles of democracy.
- No law can be passed that contradicts the rights and basic freedoms outlined in this constitution.
2nd This constitution guarantees the Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices.
Article (3): Iraq is a multiethnic, multi-religious and multi-sect country. It is part of the Islamic world and its Arab people are part of the Arab nation.
Article (4):
1st Arabic and Kurdish are the two official languages for Iraq. Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkomen or Assyrian, in government educational institutions, or any other language in private educational institutions, according to educational regulations.
2nd the scope of the phrase "official language" and the manner of implementing the rules of this article will be defined by a law that includes:
- issuing the official gazette in both languages.
- speaking, addressing and expressing in official domains, like the parliament, Cabinet, courts and official conferences, in either of the two languages.
- recognition of official documents and correspondences in the two languages and the issuing of official documents in them both.
- the opening of schools in the two languages in accordance with educational rules.
- any other realms that require the principle of equality, such as currency bills, passports, stamps.
3rd Federal agencies and institutions in the region of Kurdistan use both languages.
4th The Turkomen and Assyrian languages will be official in the areas where they are located.
5th Any region or province can take a local language as an additional official language if a majority of the population approves in a universal referendum.
Article (5): The law is sovereign, the people are the source of authority and its legitimacy, which they exercise through direct, secret ballot and its constitutional institutions.
Article (6): Government should be rotated peacefully through democratic means stipulated in this constitution.
Article (7):
1st Entities or trends that advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), sectarian cleansing, are banned, especially the Saddamist Baath Party in Iraq and its symbols, under any name. It will be not be allowed to be part of the multilateral political system in Iraq, which should be defined according to the law.
2nd The state will be committing to fighting terrorism in all its forms and will work to prevent its territory from being a base or corridor or an arena for its (terrorism's) activities.
Article (8): Iraq shall abide by the principles of good neighborliness and by not intervening in the internal affairs of the other countries, and it shall seek to peacefully resolve conflicts and shall establish its relations on the basis of shared interests and similar treatment and shall respect its international obligations.
Article (9):
1st
- The Iraqi armed forces and security apparatuses consist of the components of the Iraqi people, keeping in consideration their balance and representation without discrimination or exclusion. They fall under the command of the civil authority, defend Iraq, don't act as a tool of oppression of the Iraqi people, don't intervene in political affairs and they play no role in the rotation of power.
- Forming military militias outside the framework of the armed forces is banned.
- The Iraqi armed forces and its personnel including military personnel working in the Defense Ministry and in any offices or organizations subordinate to it are not allowed to run as candidates in elections for political office. They should not engage in election campaigning for candidates and should not take part in activities forbidden by the regulations of the Defense Ministry. This ban includes the activities of the previously mentioned individuals acting in their personal or professional capacities, but does not include their right to vote in the elections.
d) The Iraqi national intelligence service shall gather information and assess threats to national security and offers advice to the Iraqi government. It is under civilian control; it is subjected to the supervision of the executive authority; it operates according to the law and to recognized human rights principles.
e) The Iraqi government shall respect and implement Iraq's international commitments regarding the nonproliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons. Associated equipment, material, technologies, and communications systems for use in the development, manufacture, production, and use of such weapons shall be banned.
2nd Military service shall be regulated by a law.
Article (10): The holy shrines and religious sites in Iraq are religious and cultural entities. The state is committed to maintain and protect their sanctity and ensure the exercising of (religious) rites freely in them.
Article (11): Baghdad is the capital of the republic of Iraq.
Article (12):
1st The flag, emblem and national anthem of Iraq shall be fixed by law in a way that symbolizes the components of the Iraqi people.
2nd Medals, official holidays, religious and national occasions and the official calendar shall be fixed by law.
Article (13):
1st This constitution shall be considered as the supreme and highest law in Iraq. It shall be binding throughout the whole country without exceptions.
2nd No law that contradicts this constitution shall be passed; any passage in the regional constitutions and any other legal passages that contradict this constitution shall be considered null.
Chapter Two: Rights and Freedoms
The Constitution defines many rights and freedoms, and incorporates laws in many subject areas into the Constitution. It guarantees the rule of law, equality before the law, equal opportunity, privacy, inalienable nationality and dual nationality, judicial independence, the prohibition on ex post facto laws, right to counsel, a public trial unless the court decides to make it a secret trial, a presumption of innocence, the right to participate in public affairs and the right to vote, to elect and to nominate, freedom from extradition, political asylum, "economic, social and cultural liberties", the right to work, the right to join trade unions, ownership of personal property, eminent domain powers, rights similar to the Four Freedoms (European Union), minimum wage, universal health care, free education, dignity, freedom from psychological and physical torture and inhumane treatment and the right to compensation, freedom from "compulsory service", limited freedom of expression, freedom of the press, and freedom of assembly, the right to engage in sports, limited freedom of forming and of joining associations and political parties, requirement of warrants for wiretaps, freedom of religion, freedom of thought, conscience and belief.
Chapter Three: The Federal Authorities
The federal government is composed of the executive, legislative, and judicial branches, as well as numerous independent commissions.
Legislative branch
The legislative branch is composed of the Council of Representatives and the Federation Council.
Council of Representatives
The Council of Representatives is the main elected body of Iraq. The Constitution defines the "number of members at a ratio of one representative per 100,000 Iraqi persons representing the entire Iraqi people." The members are elected for terms of 4 years.
The council elects the President of Iraq; approves the appointment of the members of the Federal Court of Cassation, the Chief Public Prosecutor, and the President of Judicial Oversight Commission on proposal by the Higher Juridical Council; and approves the appointment of the Army Chief of Staff, his assistants and those of the rank of division commanders and above, and the director of the intelligence service, on proposal by the Cabinet.
Federation Council
The Federation Council is composed of representatives from the regions and the governorates that are not organized in a region. The council is regulated in law by the Council of Representatives.
Executive branch
The executive branch is composed of the President and the Council of Ministers.
President
The President of the Republic is the head of state and "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." The President is elected by the Council of Representatives by a two-thirds majority, and is limited to two four-year terms. The President ratifies treaties and laws passed by the Council of Representatives, issues pardons on the recommendation of the Prime Minister, and performs the "duty of the Higher Command of the armed forces for ceremonial and honorary purposes."
There also exists a Vice President which shall assume the office of the President in case of his absence or removal.
Presidency Council
The Presidency Council is an entity currently operating under the auspices of the "transitional provisions" of the Constitution. According to the Constitution, the Presidency Council functions in the role of the President until one successive term after the Constitution is ratified and a government is seated.
Council of Ministers
The Council of Ministers is composed of the Prime Minister and his cabinet. The President of Iraq names the nominee of the Council of Representatives bloc with the largest number to form the Cabinet. The Prime Minister is the direct executive authority responsible for the general policy of the State and the commander-in-chief of the armed forces, directs the Council of Ministers, and presides over its meetings and has the right to dismiss the Ministers on the consent of the Council of Representatives.
The cabinet is responsible for overseeing their respective ministries, proposing laws, preparing the budget, negotiating and signing international agreements and treaties, and appointing undersecretaries, ambassadors, the Chief of Staff of the Armed Forces and his assistants, Division Commanders or higher, the Director of the National Intelligence Service, and heads of security institutions.
Judicial branch
The federal judiciary is composed of the Supreme Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law. One such court is the Central Criminal Court.
Higher Judicial Council
The Supreme Judicial Council manages and supervises the affairs of the federal judiciary. It oversees the affairs of the various judicial committees, nominates the Chief Justice and members of the Court of Cassation, the Chief Public Prosecutor, and the Chief Justice of the Judiciary Oversight Commission, and drafts the budget of the judiciary.
Supreme Court
The Supreme Court is an independent judicial body that interprets the constitution and determines the constitutionality of laws and regulations. It acts as a final court of appeals, settles disputes amongst or between the federal government and the regions and governorates, municipalities, and local administrations, and settles accusations directed against the President, the Prime Minister and the Ministers. It also ratifies the final results of the general elections for the Council of Representatives.
Central Criminal Court
The Central Criminal Court of Iraq is the main criminal court of Iraq. The CCCI is based on an inquisitorial system and consists of two chambers: an investigative court, and a criminal court.
Independent commissions and institutions
The High Commission for Human Rights, the Independent Electoral High Commission, and the Commission on Public Integrity are independent commissions subject to monitoring by the Council of Representatives. The Central Bank of Iraq, the Board of Supreme Audit, the Communications and Media Commission, and the Endowment Commission are financially and administratively independent institutions. The Foundation of Martyrs is attached to the Council of Ministers. The Federal Public Service Council regulates the affairs of the federal public service, including appointment and promotion.
Chapter Four: Powers of the Federal Authorities
Chapter Four, Powers of the Federal Authorities, gives exclusive power to the federal government over:
- Foreign policy and negotiation
- National defence policy
- Financial and customs policies
- Standards, naturalization, the radio spectrum, and the mail
- Budget
- Census
- Water and oil policies
- Welfare programs
Powers are shared with regional authorities: regional customs, electrical power, environmental policy, public planning, health, and education. Article 111 defines the breakdown of authority between the regions and the federal government: anything not written in the exclusive powers of the federal authorities is in the authority of the regions and, in the event of a dispute, priority will be given to the region's law.
Oil is defined as the property of all Iraqi people (Art. 109) and is to be managed by the federal government in conjunction with regional and provincial governments, Article 110 attempts to define how oil revenue is to be distributed among the country's regions and provinces; however, beyond stating that it be done "fairly", the constitution does not go into specifics.
Chapter Five: Authorities of the Regions
Chapter Five, Authorities of the Regions, describes the form of Iraq's federation. It begins by stating that the republic's federal system is made up of the capital, regions, decentralized provinces, and local administrations.
The country's future Regions are to be established from its current 18 governorates (or provinces). Any single province, or group of provinces, is entitled to request that it be recognized as a region, with
such a request being made by either two-thirds of the members of the provincial councils in the provinces involved or by one-tenth of the registered voters in the province(s) in question.
Art. 117 paragraph 3 is of relevance to the contentious issue of oil revenues, stating that "Regions and provinces shall be allocated an equitable share of the national revenues sufficient to discharge their responsibilities and duties, but having regard to their resources, needs and the percentage of their population."
Part Two: Provinces not organized into a Region
Provinces that are unwilling or unable to join a region still enjoy enough autonomy and resources to enable them to manage their own internal affairs according to the principle of administrative decentralization. With the two parties' approval, federal government responsibilities may be delegated to the provinces, or vice versa. These decentralized provinces are headed by Provincial Governors, elected by Provincial Councils. The administrative levels within a province are defined, in descending order, as districts, counties and villages.
Article 120 states that Baghdad is the Capital of the Republic, within the boundaries of Baghdad Governorate. The constitution makes no specific reference to the status of the capital and its surrounding governorate within the federal structure, stating merely that its status is to be regulated by law.
Part Four: Local Administrations
Consisting solely of Article 121, Part Four simply states that the constitution guarantees the administrative, political, cultural, and educational rights of the country's various ethnic groups (Turkmens, Assyrians, etc.), and that legislation will be adopted to regulate those rights.
Chapter Six: Final and Transitional Guidelines
- First: Final Guidelines
- Second: Transitional Guidelines
Changes
On 18 September 2005, several changes to the text of the constitution were approved by Iraq's parliament, and will be included in the version published for ratification by the public. Also, a new compromise was made which caused many Sunni groups to support the constitution.
Many of the links to the Constitution use the 24 August 2005 AP wire translation; however, uses a slightly different translation dated 12 October 2005.
Drafting
The constitution was drafted by a committee appointed by the Iraqi Transitional Government that was elected in January 2005. In order to include fair representative from the Sunni Arab minority, which had largely boycotted that vote, additional members were co-opted onto the committee from outside the National Assembly.
See also: Members of the Iraqi Constitution Drafting Committee.
Adoption
The Constitution was adopted on 15 October 2005 in a referendum of the people.
Amendment
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party agreed to back a Yes vote in the referendum that took place on 15 October 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
1968-2003 Constitution of Iraq
Chapter I - The Republic of Iraq
Article 1 [State Form]
Iraq is a Sovereign People's Democratic Republic. Its basic objective is the realization of
one Arab State and the build-up of the socialist system.
Article 2 [Authority]
The people are the source of authority and its legitimacy.
Article 3 [Sovereignty, Territory]
(a) The sovereignty of Iraq is an indivisible entity.
(b) The territory of Iraq is an indivisible entity of which no part can be ceded.
Article 4 [State Religion]
Islam is the religion of the State.
Article 5 [Nationalities]
(a) Iraq is a part of the Arab Nation.
(b) The Iraqi People are composed of two principal nationalisms: the Arab Nationalism
and the Kurdish Nationalism.
(c) This Constitution acknowledges the national rights of the Kurdish People and the
legitimate rights of all minorities within the Iraqi unity.
Article 6 [Iraqi Nationality]
The Iraqi nationality is regulated by the law.
Article 7 [Languages]
(a) Arabic is the official language.
(b) The Kurdish language is official, besides Arabic, in the Kurdish Region.
Article 8 [Capital, Decentralization]
(a) Baghdad is the Capital of the Iraqi Republic, and it can be transferred by law.
(b) The Iraqi Republic is divided into administrative units and is organized on the basis
of decentralization.
Article 9 [Flag, Emblem]
The Flag of the Iraqi Republic, its Emblem, and stipulations concerning the two, are
regulated by law.
Chapter II - Social and Economic Foundations of the Iraqi Republic
Article 10 [Social Solidarity]
The social solidarity is the first foundation for the Society. Its essence is that every
citizen accomplishes his duty in full, and that the Society guarantees the citizen's rights
and liberties in full.
Article 11 [Family, Mothers, Children]
The family is the nucleus of the Society. The State secures its protection and support, and
ensures maternal and child care.
Article 12 [Economy, Arab Unity]
The State assumes the responsibility for planning, directing and steering the national
economy for the purpose of:
(a) Establishing the socialist system on scientific and revolutionary foundations.
(b) Realizing the economic Arab unity.
Article 13 [Public Property and Planning]
National resources and basic means of production are owned by the People. They are
directly invested by the Central Authority in the Iraqi Republic, according to exigencies
of the general planning of the national economy.
Article 14 [Cooperation]
The State secures, encourages, and supports all types of cooperation in production,
distribution, and consumption.
Article 15 [Public Property]
Public ownership and properties of the Public Sector are inviolable. The State and all
People are responsible for safeguarding, securing, and protecting it. Any sabotage to it or
aggression against it, is considered as sabotage and aggression against the entity of the
Society.
Article 16 [Ownership, Private Property]
(a) Ownership is a social function, to be exercised within the objectives of the Society
and the plans of the State, according to stipulations of the law.
(b) Private ownership and economic individual liberty are guaranteed according to the
law, and on the basis of not exercising them in a manner incompatible with the economic
and general planning.
(c) Private property is not expropriated except for considerations of public interest and
for just compensation in accordance with the law.
(d) The maximum limit of agricultural property is prescribed by the law; the surplus is
owned by the People.
Article 17 [Inheritance]
Inheritance is a guaranteed right, regulated by the law.
Article 18 [Foreigners' Property]
Immobile ownership is prohibited for non-Iraqi, except otherwise mentioned by a law.
Chapter III - Fundamental Rights and Duties
Article 19 [Equality]
(a) Citizens are equal before the law, without discrimination because of sex, blood,
language, social origin, or religion.
(b) Equal opportunities are guaranteed to all citizens, according to the law.
Article 20 [Criminal Trial]
(a) An accused is presumed to be innocent, until proved guilty at a legal trial.
(b) The right of defense is sacred, in all stages of proceedings and prosecution.
(c) Courts sessions are public, unless it becomes secret by a court's decision.
Article 21 [Penalty, Punishment]
(a) Penalty is personal.
(b) There can be no crime, nor punishment, except in conformity with the law. No
penalty shall be imposed, except for acts punishable by the law, while they are
committed. A severer penalty than that prescribed by the law, when the act was
committed, cannot be inflicted.
Article 22 [Dignity, Personal Integrity, Arrest, Home]
(a) The dignity of man is safeguarded. It is inadmissible to cause any physical or
psychological harm.
(b) It is inadmissible to arrest a person, to stop him, to imprison him or to search him,
except in accordance with the rules of the law.
(c) Homes have their sanctity. It is inadmissible to enter or search them, except in
accordance with the rules of the law.
Article 23 [Communication]
The secrecy of means of communications by mail, telegrams, and telephones is
guaranteed. It is inadmissible to disclose it, except for considerations of justice and
security, in accordance with the rules prescribed by the law.
Article 24 [Right to Move]
It is inadmissible to prevent the citizen from the departure from the Country or returning
to it, nor to restrict his moves or resi-dence in the Country, except in cases laid down by
the law.
Article 25 [Religion]
Freedom of religion, faith, and the exercise of religious rites, is guaranteed, in accordance
with the rules of constitution and laws and in compliance with morals and public order.
Article 26 [Expression, Association]
The Constitution guarantees freedom of opinion, publication, meeting, demonstrations
and formation of political parties, syndicates, and societies in accordance with the
objectives of the Constitution and within the limits of the law. The State ensures the
considerations necessary to exercise these liberties, which comply with the revolutionary,
national, and progressive trend.
Article 27 [Education]
(a) The State undertakes the struggle against illiteracy and guarantees the right of
education, free of charge, in its primary, secondary, and university stages, for all citizens.
(b) The State strives to make the primary education compulsory, to expand vocational
and technical education in cities and rural areas, and to encourage particularly night
education which enables the popular masses to combine science and work.
(c) The State guarantees the freedom of scientific research, encourages and rewards
excellence and initiative in all mental, scientific, and artistic activities and all aspects of
popular excellence.
Article 28 [Educational Goals]
Education has the objective of raising and developing the general educational level,
promoting scientific thinking, animating the research spirit, responding to exigencies of
economic and social evolution and development programs, creating a national, liberal
and progressive generation, strong physically and morally, proud of his people, his
homeland and heritage, aware of all his national rights, and who struggles against the
capitalistic ideology, exploitation, reaction, zionism, and imperialism for the purpose of
realizing the Arab unity, liberty, and socialism.
Article 29 [Progress]
The State undertakes to make available, the means of enjoying the achievements of
modernization, by the popular masses and to generalize the progressive accomplishments
of contemporary civilization on all citizens.
Article 30 [Public Office]
(a) Public office is a sacred confidence and a social service; its essence is the honest and
conscious obligation to the interests of the masses, their rights and liberties, in
accordance with the rules of the constitution and the laws.
(b) Equality in the appointment for public offices is guaranteed by the law.
Article 31 [Armed Forces]
(a) The defense of the homeland is a sacred duty and honor for the citizens; conscription
is compulsory and regulated by the law.
(b) Armed Forces belong to the People and are entrusted with ensuring his security,
defending his independence, protecting the safety and the integrity of the people and
territory, and realizing his national and regional objectives and aspirations.
(c) The State alone establishes the Armed Forces. No other organization or group, is
entitled to establish military or para-military formations.
Article 32 [Right, Honor, and Duty to Work]
(a) Work is a right, which is ensured to be available for every able citizen.
(b) Work is an honor and a sacred duty for every able citizen, and is indispensable by the
necessity to participate in building the society, protecting it, and realizing its evolution
and prosperity.
(c) The State undertakes to improve the conditions of work, and raise the standard of
living, experience, and culture for all working citizens.
(d) The State undertakes to provide the largest scale of social securities for all citizens, in
cases of sickness, disability, unemployment, or aging.
(e) The State undertakes to elaborate the plan to secure the means necessary, to enable
the working citizens to pass their vacations in an atmosphere, which enables them to
improve their health standard, and to promote their cultural and artistic talents.
Article 33 [Health]
The State assumes the responsibility to safeguard the public health by continually
expanding free medical services, in protection, treatment, and medicine, within the scope
of cities and rural areas.
Article 34 [Right to Asylum]
(a) The Iraqi Republic grants the right of political asylum for all militants, persecuted in
their countries because of defending the liberal and human principles which are assumed
by the Iraqi People in this Constitution.
(b) The extradition of political refugees is prohibited.
Article 35 [Taxes]
Payment of taxes is the duty of every citizen. Taxes cannot be imposed, nor modified, nor
levied, except by a law.
Article 36 [Prohibited Activity]
It is prohibited to exercise any activity against the objectives of the People, stipulated in
this Constitution. Every act or behavior, having for purpose to crumble the national unity
of the popular masses or to provoke racial, sectarian, or regional discrimination among
them, or to be hostile to their gains and progressive achievements.
Chapter IV - Institutions of the Iraqi Republic
Section I. The Revolutionary Command Council
Article 37 [Supreme Institution]
The Revolutionary Command Council is the supreme institution in the State, which on 17
July 1968, assumed the responsibility to realize the public will of the people, by
removing the authority from the reactionary, individual, and corruptive regime, and
returning it to the people.
Article 38 [Competencies]
The Revolutionary Command Council exercises the following competencies by a twothird
majority of its members:
(a) Electing a President from its members, called President of the Revolutionary Council,
who is President of the Republic.
(b) Electing a Vice-President from its members, called Vice-President of the
Revolutionary Command Council, who replaces the President, as qualified in the
preceding paragraph, in case of his official absence or in case of the impossibility of
exercising his constitutional competencies or any legitimate reason.
(c) Selecting new members for the Council, from members of the Regional Leadership of
the Socialist Arab Ba'ath Party, not to exceed twelve members.
(d) Taking a decision concerning the resignation of the President, and Vice-President or
any of the Council's members.
(e) Relieving any member of the Council's membership.
(f) Accusing and prosecuting members of the Revolutionary Command Council, Vice-
Presidents, and Ministers.
Article 39 [Oath]
The President of the Revolutionary Command Council, the Vice-President and the
members take the following oath before the Council:
"I swear by Allah almighty, by my honor and by my faith to preserve the Republican
system, to commit myself to its Constitution and laws, to look after the independence of
the Country, its security and territorial integrity and to do my best earnestly and
sincerely to realize the objectives of the Arab Nation for Unity, Freedom and Socialism."
Article 40 [Immunity]
The President of the Revolutionary Command Council, the Vice-President, and the
members enjoy full immunity. No measures can be taken against any of them without a
priori permission of the Council.
Article 41
(a) The President, the Vice-President, or one third of the members can call a meeting of
the Revolutionary Command Council. Meetings held are presided by the President or the
Vice-President and are attended by the majority of the members.
(b) Meetings and debates of the Revolutionary Command Council are closed. Disclosing
it, invokes constitutional responsibility before the Council. Decisions of the Council are
declared, published and communicated by the means specified in this Constitution.
(c) Laws and decisions are ratified in the Council by the majority of its members, except
otherwise stipulated by the Constitution.
Article 42 [General Competencies]
The Revolutionary Command Council exercises the following competencies:
(a) Issuing laws and decrees having the force of the law.
(b) Issuing decisions indispensable for applying the rules of the enacted laws.
Article 43 [Majority Competencies]
The Revolutionary Command Council excises the following competencies by the
majority its members:
(a) Ratifying matters of the Ministry of Defense and Public Security, elaborating the laws
and making the decisions in whatever concerns them from the point of view of
organization and competencies.
(b) Declaring the public mobilization totally or partially, declaring the war, accepting the
truce, and concluding the peace.
(c) Ratifying the draft general budget of the state, independent and investment budgets
annexed to it, and ratifying final accounts.
(d) Ratifying treaties and international agreements.
(e) Elaborating its internal rules of procedure, determining its competencies, ratifying its
budget, appointing its officials, determining rewards and remunerations of the President,
the Vice-President, its members and officials.
(f) Elaborating the rules regarding the prosecution of its members, concerning the
formation of the court and the procedures to be followed in it.
(g) Vesting its President or the Vice-President with some of his competencies prescribed
in this Constitution, except legislative competencies.
Article 44 [Presidential Competencies]
The President of the Revolutionary Command Council undertakes:
(a) Presiding over the meetings of the Council, representing it, controlling its sessions,
and issuing orders for expenditure.
(b) Signing all laws and decisions issued by the Council and publishing them in the
Official Gazette.
(c) Supervising the activities of Ministries and organizations in the State, calling
Ministers to discuss matters concerning their Ministries and questioning them in case of
necessity, and notifying
the Revolutionary Command Council regarding that.
Article 45 [Responsibility]
The President of the Revolutionary Command Council, the Vice-President, and its
members, each is responsible before the Council, for violating the Constitution or for
breaking the constituencies of the constitutional oath, or for any action or behavior,
considered by the Council as disgracing the honor of the responsibility which he
assumes.
Section II. The National Council
Article 46 [Composition]
The National Council is composed of the People's representatives from various political,
economic, and social sectors. Its formation, membership, work procedures, and its
jurisdiction are determined by a special law, called the National Council Law.
Article 47 [Sessions]
The National Council must be held in two ordinary sessions every year. The President
can call it for an extraordinary meeting in case of necessity, and the meeting is restricted
to matters which necessitated calling the meeting. Sessions of the National Council are
held and dismissed by a decision of the Revolutionary Command Council.
Article 48 [Publicity]
The meetings of the Council are public, unless it is decided that some are to be held
closed according to rules specified in its law.
Article 49 [Indemnity]
(a) Members of the National Council are not censured for opinions or suggestions
expressed by them in the performance of their task.
(b) No member of the Council can be pursed or arrested for a crime committed during a
meeting session without permission of the Council, except in the case of flagrante
delicto.
Article 50 [Organization]
The National Council undertakes:
(a) Elaborating its internal statute, determining its competencies, deciding its budget, and
appointing its employees. Rewards and remunerations of its President and members are
determined by a law.
(b) Elaborating rules for accusing and prosecuting its members, in case of committing
one of the actions stipulated in Article 55 of this Constitution.
Article 51 [Command Council Bills]
(1) The National Council considers the draft laws proposed by the Revolutionary
Command Council within fifteen days from the date of their delivery to the office of the
Presidency of the National Council. If the Council approves the draft, it is sent to the
President of the Republic, to be promulgated; but if it is rejected or modified by the
National Council, it is returned to the Revolutionary Command Council. If this latter
approves the modification, it sends the draft to the President of the Republic, to be promulgated.
(2) If the Revolutionary Command Council insists upon its point of view, in the second
reading, it is returned to the National Council, to be reviewed in a common meeting
between the two Councils; the decision taken by a two-thirds majority, is considered
final.
Article 52 [Presidential Bills]
The National Council considers within fifteen days the draft laws presented to it by the
President of the Republic.
(1) If the Council rejects the draft, it is returned to the President of the Republic with the
reasons which justified the rejection.
(2) If the Council approves the draft, it is sent to the Revolutionary Command Council
and becomes issuable after that Council approves it.
(3) If the National Council modifies the draft, it is sent to the Revolutionary Command
Council and becomes issuable if that Council approves it.
(4) But if the Revolutionary Command Council opposes to modifying the draft, or if it
makes another modification, it is once again returned to the National Council within a week.
(5) If the National Council approves the point of view of the evolutionary Command
Council, it sends the draft to the President of the Republic for promulgating it.
(6) But if the National Council insists, in the second reading, upon its point of view, a
common meeting of the two Councils is held and the draft issued by two-thirds majority
is considered definite and is sent to the President of the Republic to be promulgated.
Article 53 [National Council Bills]
The National Council considers the draft law presented by a quarter of its members, in
other than military, financial matters, and public security affairs.
(1) If the Council approves the draft law, it is sent to the Revolutionary Command
Council to be considered within fifteen days from its delivery to the Council's Office.
(2) If the Revolutionary Command Council approves it, the draft is sent to the President
of the Republic to be promulgated.
(3) If the Revolutionary Command Council rejects the draft, it is returned to the National Council.
(4) If the Revolutionary Command Council modifies the draft, it is returned to the
National Council.
(5) If this latter insists upon its point of view, in the second reading, a common meeting
for the two Councils is held, presided over by the President of the Revolutionary
Command Council or the Vice-President. The draft issued by two-thirds majority is
considered definite and is sent to the President of the Republic to be promulgated.
Article 54 [Debate]
(a) Vice-Presidents of the Republic, Ministers, and those at their rank, have the right to
attend the meetings of the National Council and to participate in its debates.
(b) The National Council, with a permission of the President of the Republic, has the
right to call Ministers for the purpose of clarification or investigation.
Article 55 [Responsibility]
The President of the National Council and every member of it, is responsible before the
Council for violating the Constitution or for breaking the constituencies of the
constitutional oath or for any action or behavior, considered by the National Council as
disgracing the honor of the responsibility which he assumes.
Section III. President of the Republic
Article 56 [Head of State, Supreme Command]
(a) The President of the Republic is the Head of the State and the Supreme Commander
of the Armed Forces, and he exercises the Executive Authority directly or by the
assistance of his Deputies and Ministers, according to the rules of the Constitution.
(b) The President of the Republic issues the decrees necessary for exercising his
competencies stipulated in this Constitution.
Article 57 [Competencies]
The President of the Republic exercises the following competencies:
(a) Preserving the independence of the Country, its territorial integrity, safeguarding its
internal and external security, and protecting the rights and liberties of all citizens.
(b) Declaring the state of total and partial emergency and ending it according to the law.
(c) Appointing the Vice-Presidents of the Republic and relieving them of their posts.
(d) Appointing the governors, the judges, and all civil and military State employees,
promoting them, terminating their services, placing them on disponibility, and granting
badges of honor and military grades, according to the law.
(e) Elaborating the draft general State budget, the independent and investment budgets
annexed to it, and ratifying the final accounts of these budgets and referring them to the
National Council to discuss them.
(f) Preparing the general plan of the State in all economic and social affairs, elaborated
by competent Ministries and referring it to the National Council.
(g) Contracting and granting loans, supervising the organization and administration of
money and credit.
(h) Supervising all the public utilities, official and quasi-official organizations and public
sector organizations.
(i) Directing and controlling the work of Ministries and public organizations and
coordinating them.
(j) Conducting negotiations and concluding agreements and international treaties.
(k) Accepting the diplomatic and international representatives in Iraq and demanding
their withdrawal.
(l) Appointing and accrediting the Iraqi diplomatic representatives in Arab and foreign
Capitals and in international conferences and organizations.
(m) Issuing special amnesty and ratifying judgments of capital punishment.
(n) Supervising the good enforcement of the Constitution, the laws, decisions, judicial
judgments, and developmental plans in all parts of the Iraqi Republic.
(o) Conferring some of his constitutional competencies to one or more of his deputies.
Article 58 [Control]
Vice-Presidents of the Republic and Ministers are responsible for their functions before
the President of the Republic. He has the right to bring any of them to trial according to
the rules of Constitution, for functional errors committed by him, for exploiting the
authority, or for misusing it.
Article 59 [Oath]
Vice-President of the Republic and Ministers take the following oath before the President
of the Republic, before assuming the responsibilities of their functions:
"I swear by Allah almighty, by my honor and by my faith to preserve the Republican
system, to commit myself to its Constitution and laws, to look after the independence of
the Country, its security and territorial integrity, and to do my best earnestly and
sincerely to realize the objectives of the People."
Section IV. The Judiciary
Article 60 [Independence, Recourse]
(a) The judiciary is independent and is subject to no other authority save that of the law.
(b) The right of litigation is ensured to all citizens.
(c) The law determines the way of court formation, their levels, jurisdiction, and
conditions for the appointment, transfer, promotion, litigation, and dismissal of judges
and magistrates.
Article 61 [Prosecution]
The law determines the posts of public prosecution, its agencies and conditions for the
appointment of the attorneys general, their deputies, rules of their transfer, promotion,
litigation, and dismissal.
Chapter V - General Provisions
Article 62 [Revolutionary Command Council Office]
(a) To be member of the Revolutionary Command Council or Vice-President of the
Republic or Minister, a person must be Iraqi by birth, born of two Iraqi parents, by birth also.
(b) It is inadmissible for Members of the Revolutionary Command Council and Vice-
Presidents of the Republic and Ministers, during their term of office, to pursue any
private professional or commercial work or to buy any State property or to sell or
exchange with the State any of their own properties.
Article 63 [Permanent Constitution]
(a) The rules of this Constitution are enforced till the Permanent Constitution is promulgated.
(b) This Constitution cannot be modified except by the Revolutionary Command Council
and by a two-thirds majority of its members.
Article 64 [Publication of Laws]
(a) Laws are published in the Official Gazette and are put into force, effective the date of
publication, unless otherwise stipulated.
(b) Laws have no retroactive effect, unless otherwise stipulated. This exception does not
include penal laws, tax laws, and fiscal fees.
Article 65 [In the Name of The People]
This Interim Constitution and all laws and judiciary judgments are promulgated and put
into force, in the name of the People.
Article 66 [Continuity of Laws]
All laws and decisions of the Revolutionary Command Council, enacted prior to the
promulgation of this Constitution, remain in force and cannot be modified or abolished
except in accordance with the procedures prescribed in this Constitution.
Article 67 [Promulgation, Publication]
The President of the Revolutionary Command Council undertakes promulgating this
Constitution and publishing it in the Official Gazette.
External articles
There are two versions of the draft constitution, and many (slightly different) translations of both texts are circulating on the Internet:
1. The final draft (September 2005), which was approved by referendum, contains 139 articles. All the mentioned translations slightly differ from each other; between brackets for comparison, the word used in article 2.A stating that no law may contradict "the established/fixed/undisputed rules of Islam":
2. The first published draft (August 2005), containing 153 articles, was later amended but is still broadly circulating thanks to an Associated Press translation (wherein articles 30.2 and 46 are missing):
3. The final version is now available with 144 articles, in both an official Arabic version and unofficial (though approved) English translation. See Wikisource for more.
other materials:
Commentary
External links
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