- The Preamble
- Section One Fundamental Principles
- Section Two Rights and Liberties
- Section Three Federal Powers
- Section Four Powers of the Federal Government
- Section Five Powers of the Regions
- Section Six Final and Transitional Provisions
IRAQI The Preamble In the name of God, the Most merciful, the Most compassionate {We have honored the sons of Adam}
We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the Prophet prayed, philosophers and scientists theorized, and writers and poets excelled; Acknowledging God’s right over us, and in fulfillment of the call of our homeland and citizens, and in a response to the call of our religious and national leaderships and the determination of our great authorities and of our leaders and politicians, and in the midst of international support from our friends and those who love us, marched for the first time in our history towards the ballot boxes by the millions, men and women, young and old, on the thirtieth of January 2005, invoking the pains of sectarian oppression inflicted by the autocratic clique and inspired by the tragedies of Iraq’s martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all other components of the people, and recollecting the darkness of the ravage of the holy cities and the South in the Sha’abaniyya uprising and burnt by the flames of grief of the mass graves, the marshes, Al-Dujail and others and articulating the sufferings of racial oppression in the massacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of the Turkmen in Bashir and the sufferings of the people of the western region, as is the case in the remaining areas of Iraq where the people suffered from the liquidation of their leaders, symbols, and Sheiks and from the displacement of their skilled individuals and from drying out of its cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new Iraq, the Iraq of the future, free from sectarianism, racism, complex of regional attachment, discrimination, and exclusion. Accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. Sectarianism and racism have not stopped us from marching together to strengthen our national unity, following the path of peaceful transfer of power, adopting the course of just distribution of resources, and providing equal opportunity for all. We, the people of Iraq, who have just risen from our stumble, and who are looking with confidence to the future through a republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, elderly, and youth to respect the rule of law, to establish justice and equality, to cast aside the politics of aggression, to pay attention to women and their rights, the elderly and their concerns, and children and their affairs, to spread the culture of diversity, and to defuse terrorism. We, the people of Iraq, of all components and across the spectrum, have taken upon ourselves to decide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, and to enact this permanent Constitution, through the values and ideals of the heavenly messages and the findings of science and man’s civilization. The adherence to this Constitution preserves for Iraq its free union of people, of land, and of sovereignty. 2 Fundamental Principles Article 1:
The Republic of Iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic, and this Constitution is a guarantor of the unity of Iraq.
Article 2: First: Islam is the official religion of the State and is a foundation source of legislation:
A. No law may be enacted that contradicts the established provisions of Islam
B. No law may be enacted that contradicts the principles of democracy.
C. No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution.
Second: This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.
Article 3:
Iraq is a country of multiple nationalities, religions, and sects. It is a founding and active member in the Arab League and is committed to its charter, and it is part of the Islamic world.
Article 4: First: The Arabic language and the Kurdish language are the two official languages of Iraq. The right of Iraqis to educate their children in their mother tongue, such as Turkmen, Syriac, and Armenian shall be guaranteed in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions.
Second: The scope of the term “official language” and the means of applying the provisions of this article shall be defined by a law and shall include:
A. Publication of the Official Gazette, in the two languages;
B. Speech, conversation, and expression in official domains, such as the Council of Representatives, the Council of Ministers, courts, and official conferences, in either of the two languages;
C. Recognition and publication of official documents and correspondence in the two languages;
D. Opening schools that teach the two languages, in accordance with the educational guidelines;
E. Use of both languages in any matter enjoined by the principle of equality such as bank notes, passports, and stamps.
Third: The federal and official institutions and agencies in the Kurdistan region
shall use both languages.
Fourth: The Turkomen language and the Syriac language are two other official languages in the administrative units in which they constitute density of population.
Fifth: Each region or governorate may adopt any other local language as an additional official language if the majority of its population so decides in a general referendum.
Article 5: Article 6: Article 7: First: Any entity or program that adopts, incites, facilitates, glorifies, promotes, or justifies racism or terrorism or accusations of being an infidel (takfir) or ethnic cleansing, especially the Saddamist Ba’ath in Iraq and its symbols, under any name whatsoever, shall be prohibited. Such entities may not be part of political pluralism in Iraq. This shall be regulated by law.
Second: The State shall undertake to combat terrorism in all its forms, and shall work to protect its territories from being a base, pathway, or field for terrorist activities.
Article 8: Iraq shall observe the principles of good neighborliness, adhere to the principle of noninterference in the internal affairs of other states, seek to settle disputes by peaceful means, establish relations on the basis of mutual interests and reciprocity, and respect its international obligations.
Article 9: First: A-The Iraqi armed forces and security services will be composed of the components of the Iraqi people with due consideration given to their balance and representation without discrimination or exclusion. They shall be subject to the control of the civilian authority, shall defend Iraq, shall not be used as an instrument to oppress the Iraqi people, shall not interfere in the political affairs, and shall have no role in the transfer of authority.
B- The formation of military militias outside the framework of the armed forces is prohibited.
C- The Iraqi armed forces and their personnel, including military personnel working in the Ministry of Defense or any subordinate departments or organizations, may not stand for election to political office, campaign for candidates, or participate in other activities prohibited by Ministry of Defense regulations. This ban includes the activities of the personnel mentioned above acting in their personal or professional capacities, but shall not infringe upon the right of these personnel to cast their vote in the elections.
D- The Iraqi National Intelligence Service shall collect information, assess threats to national security, and advise the Iraqi government. This Service shall be under civilian control, shall be subject to legislative oversight, and shall operate in accordance with the law and pursuant to the recognized principles of human rights.
E-The Iraqi Government shall respect and implement Iraq’s international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and shall prohibit associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons.
Second: Military service shall be regulated by law.
Article 10:
The holy shrines and religious sites in Iraq are religious and civilizational entities. The Article 11: Article 12: First: The flag, national anthem, and emblem of Iraq shall be regulated by law in a way that symbolizes the components of the Iraqi people.
S
econd: A law shall regulate honors, official holidays, religious and national
occasions and the Hijri and Gregorian calendar.
Article 13: First: This Constitution is the preeminent and supreme law in Iraq and shall be binding in all parts of Iraq without exception.
Second: No law that contradicts this Constitution shall be enacted. Any text in any regional constitutions or any other legal text that contradicts this Constitution shall be considered void.
Section Two
Chapter One [Rights]
Article 14: Article 15: Article 16: Article 17: First: Every individual shall have the right to personal privacy so long as it does not contradict the rights of others and public morals.
Second: The sanctity of the homes shall be protected. Homes may not be entered, searched, or violated, except by a judicial decision in accordance with the law.
Article 18: First: Iraqi citizenship is a right for every Iraqi and is the basis of his nationality.
Second: Anyone who is born to an Iraqi father or to an Iraqi mother shall be considered an Iraqi. This shall be regulated by law.
Third:
A. An Iraqi citizen by birth may not have his citizenship withdrawn for any reason. Any person who had his citizenship withdrawn shall have the right to demand its reinstatement. This shall be regulated by a law.
B. Iraqi citizenship shall be withdrawn from naturalized citizens in cases regulated by law.
Fourth: An Iraqi may have multiple citizenships. Everyone who assumes a senior, security or sovereign position must abandon any other acquired citizenship. This shall be regulated by law.
Fifth: Iraqi citizenship shall not be granted for the purposes of the policy of
population settlement that disrupts the demographic composition of Iraq.
Sixth: Citizenship provisions shall be regulated by law. The competent courts
shall consider the suits arising from those provisions.
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 law. The punishment shall only be for an act that the law considers a crime when perpetrated. A harsher punishment than the applicable punishment at the time of the offense may not be imposed.
Third: Litigation shall be a protected and guaranteed right for all.
Fourth: The right to a defense shall be sacred and guaranteed in all phases of
investigation and the trial.
Fifth: The accused is innocent until proven guilty in a fair legal trial. The accused may not be tried for the same crime for a second time after acquittal unless new evidence is produced.
CONSTITUTION
1
Section One
The law is sovereign. The people are the source of authority and legitimacy, which they
shall exercise in a direct, general, secret ballot and through their constitutional
institutions.
Transfer of authority shall be made peacefully through democratic means as stipulated in
this Constitution.
State is committed to assuring and maintaining their sanctity, and to guaranteeing the free
practice of rituals in them.
Baghdad is the capital of the Republic of Iraq.
Rights and Liberties
First: Civil and Political Rights
Iraqis are equal before the law without discrimination based on gender, race, ethnicity,
nationality, origin, color, religion, sect, belief or opinion, or economic or social status.
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.
Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the
necessary measures to achieve this are taken.