Embassy of the Republic of Iraq Tokyo

*Chapter One: Basic Principles*
Chapter One lists the basic principles of the Iraq constitution:
1. Iraq is an independent nation, and its system of government is a democratic, federal, representative republic.
2. Islam is the national religion and a basic foundation for the country's laws; however, freedom of religion is upheld.
3. The state has a multi-ethnic makeup and dual national languages: Arabic language Arabic and Kurdish language Kurdish. Turkmen language| Turkmen and Assyrian language Assyrian are official in regions where they are spoken.
4. Terrorism, ethnic cleansing, and (takfir) are banned, as is the "Saddamist Baath Party Ba'ath Party".
5. The country is part of the Islamic world and its Arab citizens are part of the Arab nationalism Arab nation.
6. The country has a single military, under the command of the civil authority.
7. 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.

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:

(a) No law can be passed that contradicts the undisputed rules of Islam.

(b) No law can be passed that contradicts the principles of democracy.

(c) 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 Turkmen 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:

(a) Issuing the official gazette in both languages.

(b) Speaking, addressing and expressing in official domains, like the parliament, Cabinet, courts and official conferences, in either of the two languages.

(c) Recognition of official documents and correspondences in the two languages and the issuing of official documents in them both.

(d) The opening of schools in the two languages in accordance with educational rules.

(e) 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 Turkmen 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 being 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 -

a) 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.

b) Forming military militias outside the framework of the armed forces is banned.

c) 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*
"Part One: Rights"
1st: Civil and political rights "
2nd: Economic, social and cultural rights "

"Part Two: Freedoms"
Chapter Two details the rights and freedoms of all Iraqis. It details what determines a natural Iraqi citizen and what rights each citizen has regarding that status. Basic rights are defined regarding trial and punishment, personal liberty, ownership, health care, education, and observance of family. Personal freedoms and the right to religion, assembly, and movement are guaranteed.

SECTION ONE: RIGHTS

FIRST: Civil and Political Rights

Article 14:
Iraqis are equal before the law without discrimination based on gender, race, ethnicity, origin, color, religion, creed, belief or opinion, or economic and social status.

Article 15:
Every individual has the right to enjoy life, security and liberty. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority.

Article 16: Equal opportunities are guaranteed for all Iraqis. The state guarantees the taking of the necessary measures to achieve such equal opportunities.

Article 17: First: Every individual shall have the right to personal privacy, so long it does not contradict the rights of others and public morals.

Second: The sanctity of the homes is inviolable and homes may not be entered, searched, or put in danger, except by a judicial decision, and in accordance with the law.

Article 18: First: Iraqi nationality is the right of every Iraqi and shall be the basis of his citizenship.

Second: An Iraqi is any person born to an Iraqi father or mother. This will regulated by law.

Third: A. an Iraqi citizen by birth may not have his nationality withdrawn for any reason. Any person who had his nationality withdrawn shall have the right to reclaim it, and this will be stipulated by law.

B. the Iraqi nationality shall be withdrawn from the naturalized in the cases stipulated by law.

Fourth: An Iraqi may have multiple nationalities. Everyone who assumes a senior, security sovereign position must abandon any other acquired nationality. This will be organized by law.

Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of settling people that cause an imbalance in the population composition of Iraq.

Sixth: A law shall regulate the provisions of nationality. The competent courts shall consider the suits resulting from it.

Article 19: First: The judiciary is independent and no power is above the judiciary except the law.

Second: There is no crime or punishment except by a stipulation. The punishment shall only be for an act that the law considers a crime when perpetrated. A harsher sentence than the applicable sentence at the time of the offense may not be imposed.

Third: Litigation shall be a safeguarded and guaranteed right for all.

Fourth: The right to a defense shall be sacred and guaranteed in all phases of investigation and trial.

Fifth: The accused is innocent until proven guilty in a fair legal trial. The accused may not be tried on the same crime for a second time after acquittal unless new evidence is produced.

Sixth: Every person has the right to be treated with justice in judicial and administrative proceedings.

Seventh: The proceedings of a trial are public unless the court decides to make it secret.

Eighth: Punishment is personal.

Ninth: A law does not have a retroactive effect unless the law stipulates otherwise. This exclusion shall not include laws relating to taxes and fees.

Tenth: Criminal law does not have a retroactive effect, unless it is to the benefit of the accused.

Eleventh: The court shall delegate a lawyer at the expense of the state for an accused of a felony or misdemeanor who does not have a defense lawyer.

Twelfth:

A. Unlawful detention is prohibited.

B. detention or arrest is prohibited in places not designed for it, pursuant to prison regulations covered by health and social care and subject to the scrutiny of the law.

Thirteenth: The preliminary investigative documents must be submitted to the competent judge in a period not to exceed twenty-four hours from the time of the arrest of the accused. It may be extended only once and for the same period.

Article 20: The citizens, men and women, have the right to participate in public affairs and to enjoy political rights including the right to vote, to elect and to nominate.

Article 21: First: No Iraqi shall be surrendered to foreign entities and authorities.

Second: A law shall regulate the right of political asylum to Iraq. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled.

Third: No political asylum shall be granted to a person accused of committing international or terrorist crimes or any person who inflicted damage on Iraq.

SECOND: Economic, social and cultural liberties

Article 22:

First: Work is a right for all Iraqis so as to guarantee them a decent living.

Second: The law regulates the relationship between employees and employers on economic basis and with regard to the foundations of social justice.

Third: The State guarantees the right of forming and joining professional associations and unions. This will be organized by law.

Article 23: First: Personal property is protected. The proprietor shall have the right to benefit from, exploit and utilize personal property within the limits of the law.

Second: No property may be taken away except for the purposes of public benefit in return for just compensation. This will be organized by law.

Third: A. Every Iraqi has the right to own property throughout Iraq. No others may possess immovable assets, except as exempted by law.

B. Owning property for the purposes of population change shall be prohibited.

Article 24: The State guarantees freedom of movement of Iraqi manpower, goods and capitals between regions and provinces. This will be organized by law.

Article 25: The State guarantees the reform of the Iraqi economy in accordance with modern economic principles to ensure the full investment of its resources, diversification of its sources and the encouragement and the development of the private sector.

Article 26: The state guarantees the encouragement of investments in the various sectors. This will be organized by law.

Article 27: First: Public property is sacrosanct, and its protection is the duty of each citizen. Second: The provisions related to the protection of State properties and its management and the conditions for its disposal and the limits under which none of these properties can be relinquished shall all be regulated by law.

Article 28: First: No taxes or fines may be imposed, amended, exempted or pardoned from, except in accordance with law.

Second: Low wage earners shall be exempted from taxes in a manner that ensures the upholding of the minimum wage required for survival. This will be organized by law.

Article 29: First: A. the family is the foundation of society; the State preserves its entity and its religious, moral and patriotic values.

B. the State guarantees the protection of motherhood, childhood and old age and shall care for children and youth and provides them with the appropriate conditions to further their talents and abilities.

Second: Children have right over their parents in regard to upbringing, care and education. Parents shall have right over their children in regard to respect and care especially in times of need, disability and old age.

Third: Economic exploitation of children shall be completely prohibited. The State shall take the necessary measures to protect them.

Fourth: All forms of violence and abuse in the family, school and society shall be prohibited.

Article 30:
First: The state guarantee to the individual and the family -- especially children and women -- social and health security and the basic requirements for leading a free and dignified life. The state also ensures the above a suitable income and appropriate housing.

Second: The State guarantees the social and health security to Iraqis in cases of old age, sickness, employment disability, homelessness, orphanage or unemployment, and shall work to protect them from ignorance, fear and poverty. The State shall provide them housing and special programs of care and rehabilitation. This will be organized by law.

Article 31:
First: Every citizen has the right to health care. The state takes care of public health and provides the means of prevention and treatment by building different types of hospitals and medical institutions.

Second: Individuals and institutions may build hospitals or clinics or places for treatment with the supervision of the state and this shall be regulated by law.

Article 32:
The State cares for the handicapped and those with special needs and ensure their rehabilitation in order to reintegrate them into society. This shall be regulated by law.

Article 33:
First: Every individual has the right to live in a safe environment.

Second: The State undertakes the protection and preservation of the environment and biological diversity.

Article 34:
First: Education is a fundamental factor in the progress of society and is a right guaranteed by the state. Primary education is mandatory and the state guarantees to eradicate illiteracy.

Second: Free education is a right for all Iraqis in all its stages.

Third: The State encourages scientific research for peaceful purposes that serve man and supports excellence, creativity, invention and the different aspects of ingenuity.

Fourth: Private and public education is guaranteed. This shall be regulated by law.

SECTION TWO: LIBERTIES

Article 35:
First:
A. The liberty and dignity of man are safeguarded.

B. No person may be kept in custody or interrogated except in the context of a judicial decision.

C. All forms of psychological and physical torture and inhumane treatment shall be prohibited. Any confession coerced by force, threat, or torture shall not be relied on. The victim shall have the right to compensation in accordance with the law for material and moral damages incurred.

Second: The State guarantees the protection of the individual from intellectual, political and religious coercion.

Third: Compulsory service unpaid labor, serfdom, slave trade slavery, trafficking of women and children, and the sex trade is prohibited.

Fourth: The State will promote cultural activities and institutions in a way that is appropriate with Iraq's civilization history and culture. It will take care to depend on authentic Iraqi cultural trends.

Article 36:
The state guarantees in a way that does not violate public order and morality:

A. Freedom of expression, through all means.

B. Freedom of press, printing, advertisement, media and publication.

C. Freedom of assembly and peaceful demonstration. This shall be regulated by law.

D. Every Iraqi has the right to engage in sports, and the State should encourage its activities and promotion and will provide its necessities

Article 37:
First: The freedom of forming and of joining associations and political parties is guaranteed. This will be organized by law.

Second: It is prohibited to force any person to join any party, society or political entity or force him to continue his membership in it.

Article 38:
The freedom of communication, and mail, telegraphic, electronic, and telephonic correspondence, and other correspondence shall be guaranteed and may not be monitored, wiretapped or disclosed except for legal and security necessity and by a judicial decision.

Article 39:
Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices. This shall be regulated by law.

Article 40:
Each individual has freedom of thought, conscience and belief.

Article 41:
First: The followers of all religions and sects are free in the:

A. Practice of religious rites, including the Husseini ceremonies Shiite religious ceremonies

B. Management of the endowments, its affairs and its religious institutions. The law shall regulate this.

Second: The state guarantees freedom of worship and the protection of the places of worship.

Article 42:
First: Each Iraqi enjoys the right of free movement, travel, and residence inside and outside Iraq.

Second: No Iraqi may be exiled, displaced or deprived from returning to the homeland.

Article 43:
First: The State shall seek to strengthen the role of civil society institutions, to support, develop and preserve its independence in a way that is consistent with peaceful means to achieve its legitimate goals. This will be organized by law.

Second: The State shall seek the advancement of the Iraqi clans and tribes and shall attend to their affairs in a manner that is consistent with religion and the law and upholds its noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights.

Article 44:
There may not be a restriction or limit on the practice of any rights or liberties stipulated in this constitution, except by law or on the basis of it, and insofar as that limitation or restriction does not violate the essence of the right or freedom.[http://www.washingtonpost.com/wp-dyn/content/article/2005/10/12/AR2005101201450.html Washington Post]

*Chapter Three: The Federal Authorities*
Chapter Three breaks the federal government into four branches: legislative, executive, judicial, and independent associations.

''Part One: The Legislative Authority ''
1st: The Council of Representatives (Parliament)
'2nd: The Council of Union

Part One, ''The Legislative Authority'' describes the two legislative councils.

In addition to creating new law, the '''Council of Representatives''' is responsible for certifying treaties and international agreements; approving high level judicial, military, and ambassadorial appointments; and approving the budget and final accounting presented by the Cabinet. The Council also elects the President of the Republic and can Impeachment or remove him for violating oath, constitution, or treason; it may also remove the Prime Minister in a Motion of no confidence or no-confidence vote. The Council of Representatives may declare war with a two-thirds vote and requests by both the President and Prime Minister. The Council of Representatives may be dissolved by a one-third vote of the Council or on requests of both the Prime Minister and the President.

The '''Council of Union''' is only tasked to examine bills related to regions and provinces. Its creation, powers, and dissolution are to be determined by law.

''Part Two: The Executive Authority ''
1st: The President
2nd: The Cabinet

Part Two, ''The Executive Authority'', describes the President of the Republic and the Cabinet.

These articles detail the requirements for a presidential candidate and the two-thirds vote in the Council of Representatives necessary to appoint a '''President of the Republic'''. This section specifies the President’s term, appointments, military leadership, and legislative approval powers. Described as the "symbol of the nation's unity", the president is not directly elected by the people and his powers are mostly ceremonial or protocolary in nature, or require that he act with the approval of the prime minister or the Council of Representatives. Presidential succession goes first to the '''Deputy of the President of the Republic''' then to the president of the Council of Representatives. According to Article 148 of the Transitional Guidelines (see below), until the Council of Representatives enters its second period of sessions, the President of the Republic shall be replaced by a three-member Presidential Council, comprising a president and two deputy presidents, appointed in the fashion described above. The decisions of this Presidential Council are to be adopted by unanimity.

One of the President's functions is to appoint the leader of the majority party in the Council of Representatives to serve as '''Prime Minister'''. The Prime Minister then selects the members of his '''Cabinet''', and these ministerial appointments are subject to a confirmation vote in the Council. If the Prime Minister fails to garner support for his Cabinet within 15 days, the President selects another candidate to try to form a government.

Cabinet has the power to plan and implement the general policy of the state, propose laws and budgets, negotiate treaties, and oversee the national intelligence service and the security apparatuses. The Prime Minister has direct executive responsibility for the general policy of the nation, is the commander-in-chief of the armed forces, and presides over the Cabinet.

''Part Three: The Judiciary ''
1st: The Supreme Judiciary Council ''
2nd: The Supreme Federal Court ''
3rd: General Provisions ''

Part Three, ''The Judiciary'', creates an independent judicial branch of government to oversee correct application of laws according to this constitution. The Judiciary consists of: > Supreme Judiciary Council
> Supreme Federal Court
> Federal Cassation Court
> Prosecutor's Office
> Judiciary Inspection Department
> other federal courts organized by law

The '''Supreme Judiciary Council''' administers the judicial branch, nominates members of the courts and departments, and presents the judicial budget to the legislature. The '''Supreme Federal Court''' is the highest court in Iraq, oversees election results, and also rules in case of accusations against the President or Prime Minister. Private courts are banned and it is forbidden to create any law that protects an administrative action or decision from being challenged in court.

''Part Four: Independent Associations ''

Part Four, ''Independent Associations'' creates government organizations outside of the first three branches. These are considered independent but their actions are subject to legislation and supervision by other branches. The following are established in these articles:

> Supreme Commission for Human Rights
> Supreme Independent Commission for Elections
> Integrity Agency
> Iraqi Central Bank
> Financial Inspection Office
> Media and Communications Agency
> Offices of religious Endowments
> Institution of the Martyrs
> Federal Public Service Council

*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 defense 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. It also could be read as referring solely to "current" oil fields, not ones opened up in the future.

*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.

''Part One: Regions ''

The country's future Regions of Iraq are to be established from its current 18 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 provinces 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.

''Part Three: The Capital ''
Article 120 states that Baghdad is the ''Capital of the Republic'', within the boundaries of Baghdad Province. The constitution makes no specific reference to the status of the capital and its surrounding province 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 Iraqi Turkmen, Assyrians, etc. and that legislation will be adopted to regulate those rights.

*Chapter Six: Final and Transitional Guidelines*
1st: Final Guidelines ''
2nd: Transitional Guidelines''

Amendments
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.

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.

Adoption
The Constitution was adopted on 15 October 2005 in a referendum of the people.