| Interim Constitution
Draft Constitution by Opposition Groups
|
Adopted in: 1990
Chapter I The Republic of Iraq
Article 1 [State Form]
Iraq is a Sovereign People's Democratic Republic. Its basic objective is therealization 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 ArabNationalism and the Kurdish Nationalism.
(c) This Constitution acknowledges the national rights of the Kurdish People andthe 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 bylaw.
(b) The Iraqi Republic is divided into administrative units and is organized onthe 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 IraqiRepublic
Article 10 [Social Solidarity]
The social solidarity is the first foundation for the Society. Its essence isthat every citizen accomplishes his duty in full, and that the Societyguarantees 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 andsupport, and ensures maternal and child care.
Article 12 [Economy, Arab Unity]
The State assumes the responsibility for planning, directing and steering thenational 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. Theyare directly invested by the Central Authority in the Iraqi Republic, accordingto exigencies of the general planning of the national economy.
Article 14 [Cooperation]
The State secures, encourages, and supports all types of cooperation inproduction, distribution, and consumption.
Article 15 [Public Property]
Public ownership and properties of the Public Sector are inviolable. The Stateand all People are responsible for safeguarding, securing, and protecting it.Any sabotage to it or aggression against it, is considered as sabotage andaggression against the entity of the Society.
Article 16 [Ownership, Private Property]
(a) Ownership is a social function, to be exercised within the objectives of theSociety and the plans of the State, according to stipulations of the law.
(b) Private ownership and economic individual liberty are guaranteed accordingto the law, and on the basis of not exercising them in a manner incompatiblewith the economic and general planning.
(c) Private property is not expropriated except for considerations of publicinterest and for just compensation in accordance with the law.
(d) The maximum limit of agricultural property is prescribed by the law; thesurplus 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 alaw.
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, orreligion.
(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. Nopenalty shall be imposed, except for acts punishable by the law, while they arecommitted. A severer penalty than that prescribed by the law, when the act wascommitted, cannot be inflicted.
Article 22 [Dignity, Personal Integrity, Arrest, Home]
(a) The dignity of man is safeguarded. It is inadmissible to cause any physicalor psychological harm.
(b) It is inadmissible to arrest a person, to stop him, to imprison him or tosearch 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 isguaranteed. It is inadmissible to disclose it, except for considerations ofjustice 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 orreturning 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 withmorals and public order.
Article 26 [Expression, Association]
The Constitution guarantees freedom of opinion, publication meeting,demonstrations and formation of political parties, syndicates, and societies inaccordance with the objectives of the Constitution and within the limits of thelaw. 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 theright of education, free of charge, in its primary, secondary, and universitystages, for all citizens.
(b) The State strives to make the primary education compulsory, to expandvocational and technical education in cities and rural areas, and to encourageparticularly night education which enables the popular masses to combine scienceand work.
(c) The State guarantees the freedom of scientific research, encourages andrewards excellence and initiative in all mental, scientific, and artisticactivities and all aspects of popular excellence.
Article 28 [Educational Goals]
Education has the objective of raising and developing the general educationallevel, promoting scientific thinking, animating the research spirit, respondingto exigencies of economic and social evolution and development programs,creating a national, liberal and progressive generation, strong physically andmorally, proud of his people, his homeland and heritage, aware of all hisnational rights, and who struggles against the capitalistic ideology,exploitation, reaction, zionism, and imperialism for the purpose of realizingthe Arab unity, liberty, and socialism.
Article 29 [Progress]
The State undertakes to make available, the means of enjoying the achievementsof modernization, by the popular masses and to generalize the progressiveaccomplishments of contemporary civilization on all citizens.
Article 30 [Public Office]
(a) Public office is a sacred confidence and a social service; its essence isthe honest and conscious obligation to the interests of the masses, their rightsand 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 hissecurity, defending his independence, protecting the safety and the integrity ofthe people and territory, and realizing his national and regional objectives andaspirations.
(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 isindispensable 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 thestandard of living, experience, and culture for all working citizens.
(d) The State undertakes to provide the largest scale of social securities forall citizens, in cases of sickness, disability, unemployment, or aging.
(e) The State undertakes to elaborate the plan to secure the means necessary, toenable the working citizens to pass their vacations in an atmosphere, whichenables them to improve their health standard, and to promote their cultural andartistic talents.
Article 33 [Health]
The State assumes the responsibility to safeguard the public health bycontinually expanding free medical services, in protection, treatment, andmedicine, 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 humanprinciples 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, normodified, 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 tocrumble the national unity of the popular masses or to provoke racial, sectarian,or regional discrimination among them, or to be hostile to their gains andprogressive 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, whichon 17 July 1968, assumed the responsibility to realize the public will of thepeople, by removing the authority from the reactionary, individual, andcorruptive regime, and returning it to the people.
Article 38 [Competencies]
The Revolutionary Command Council exercises the following competencies by atwo-third majority of its members:
(a) Electing a President from its members, called President of the RevolutionaryCouncil, who is President of the Republic.
(b) Electing a Vice-President from its members, called Vice-President of theRevolutionary Command Council, who replaces the President, as qualified in thepreceding paragraph, in case of his official absence or in case of theimpossibility of exercising his constitutional competencies or any legitimatereason.
(c) Selecting new members for the Council, from members of the RegionalLeadership of the Socialist Arab Ba'ath Party, not to exceed twelve members.
(d) Taking a decision concerning the resignation of the President, andVice-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 themembers take the following oath before the Council:
"I swear by God Almighty, by my honor and by my faith to preserve theRepublican system, to commit myself to its Constitution and laws, to look afterthe independence of the Country, its security and territorial integrity and todo my best earnestly and sincerely to realize the objectives of the Arab Nationfor Unity, Freedom and Socialism."
Article 40 [Immunity]
The President of the Revolutionary Command Council, the Vice-President, and themembers enjoy full immunity. No measures can be taken against any of themwithout a priori permission of the Council.
Article 41
(a) The President, the Vice-President, or one third of the members can call ameeting of the Revolutionary Command Council. Meetings held are presided by thePresident 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 meansspecified in this Constitution.
(c) Laws and decisions are ratified in the Council by the majority of itsmembers, 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 themajority its members:
(a) Ratifying matters of the Ministry of Defense and Public Security,elaborating the laws and taking the decisions in whatever concerns them from thepoint 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 investmentbudgets 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 andremunerations of the President, the Vice-President, its members and officials.
(f) Elaborating the rules regarding the prosecution of its members, concerningthe formation of the court and the procedures to be followed in it.
(g) Vesting its President or the Vice-President with some of his competenciesprescribed 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 itssessions, and issuing orders for expenditure.
(b) Signing all laws and decisions issued by the Council and publishing them inthe Official Gazette.
(c) Supervising the activities of Ministries and organizations in the State,calling Ministers to discuss matters concerning their Ministries and questioningthem in case of necessity, and notify-
ing the Revolutionary Command Council regarding that.
Article 45 [Responsibility]
The President of the Revolutionary Command Council, the Vice-President, and itsmembers, each is responsible before the Council, for violating the Constitutionor for breaking the constituencies of the constitutional oath, or for any actionor behavior, considered by the Council as disgracing the honor of theresponsibility which he assumes.
Section II The National Council
Article 46 [Composition]
The National Council is composed of the People's representatives from variouspolitical, economic, and social sectors. Its formation, membership, workprocedures, and its jurisdiction are determined by a special law, called theNational Council Law.
Article 47 [Sessions]
The National Council must be held in two ordinary sessions every year. ThePresident can call it for an extraordinary meeting in case of necessity, and themeeting is restricted to matters which necessitated calling the meeting.Sessions of the National Council are held and dismissed by a decision of theRevolutionary Command Council.
Article 48 [Publicity]
The meetings of the Council are public, unless it is decided that some are to beheld closed according to rules specified in its law.
Article 49 [Indemnity]
(a) Members of the National Council are not censured for opinions or suggestionsexpressed by them in the performance of their task.
(b) No member of the Council can be pursed or arrested for a crime committedduring a meeting session without permission of the Council, except in the caseof flagrante delicto.
Article 50 [Organization]
The National Council undertakes:
(a) Elaborating its internal statute, determining its competencies, deciding itsbudget, and appointing its employees. Rewards and remunerations of its Presidentand members are determined by a law.
(b) Elaborating rules for accusing and prosecuting its members, in case ofcommitting 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 RevolutionaryCommand Council within fifteen days from the date of their delivery to theoffice of the Presidency of the National Council. If the Council approves thedraft, it is sent to the President of the Republic, to be promulgated; but if itis rejected or modified by the National Council, it is returned to theRevolutionary Command Council. If this latter approves the modification, itsends the draft to the President of the Republic, to be promulgated.
(2) If the Revolutionary Command Council insists upon its point of view, in thesecond reading, it is returned to the National Council, to be reviewed in acommon meeting between the two Councils; the decision taken by a two-thirdsmajority, is con-
sidered final.
Article 52 [Presidential Bills]
The National Council considers within fifteen days the draft laws presented toit by the President of the Republic.
(1) If the Council rejects the draft, it is returned to the President of theRepublic with the reasons which justified the rejection.
(2) If the Council approves the draft, it is sent to the Revolutionary CommandCouncil and becomes issuable after that Council approves it.
(3) If the National Council modifies the draft, it is sent to the RevolutionaryCommand Council and becomes issuable if that Council approves it.
(4) But if the Revolutionary Command Council opposes to modifying the draft, orif it makes another modification, it is once again returned to the NationalCouncil within a week.
(5) If the National Council approves the point of view of the evolutionaryCommand Council, it sends the draft to the President of the Republic forpromulgating it.
(6) But if the National Council insists, in the second reading, upon its pointof view, a common meeting of the two Councils is held and the draft issued bytwo-thirds majority is considered definite and is sent to the President of theRepublic to be promulgated.
Article 53 [National Council Bills]
The National Council considers the draft law presented by a quarter of itsmembers, in other than military, financial matters, and public security affairs.
(1) If the Council approves the draft law, it is sent to the RevolutionaryCommand Council to be considered within fifteen days from its delivery to theCouncil'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 tothe National Council.
(4) If the Revolutionary Command Council modifies the draft, it is returned tothe National Council.
(5) If this latter insists upon its point of view, in the second reading, acommon meeting for the two Councils is held, presided over by the President ofthe Revolutionary Command Council or the Vice-President. The draft issued bytwo-thirds majority is considered definite and is sent to the President of theRepublic to be promulgated.
Article 54 [Debate]
(a) Vice-Presidents of the Republic, Ministers, and those at their rank, havethe right to attend the meetings of the National Council and to participate inits 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 orinvestigation.
Article 55 [Responsibility]
The President of the National Council and every member of it, is responsiblebefore the Council for violating the Constitution or for breaking theconstituencies of the constitutional oath or for any action or behavior,considered by the National Council as disgracing the honor of the responsibilitywhich 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 SupremeCommander of the Armed Forces, and he exercises the Executive Authority directlyor by the assistance of his Deputies and Ministers, according to the rules ofthe Constitution.
(b) The President of the Republic issues the decrees necessary for exercisinghis 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 andliberties of all citizens.
(b) Declaring the state of total and partial emergency and ending it accordingto the law.
(c) Appointing the Vice-Presidents of the Republic and relieving them of theirposts.
(d) Appointing the governors, the judges, and all civil and military Stateemployees, promoting them, terminating their services, placing them ondisponibility, and granting badges of honor and military grades, according tothe law.
(e) Elaborating the draft general State budget, the independent and investmentbudgets annexed to it, and ratifying the final accounts of these budgets andreferring 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 andadministration of money and credit.
(h) Supervising all the public utilities, official and quasi-officialorganizations and public sector organizations.
(i) Directing and controlling the work of Ministries and public organizationsand coordinating them.
(j) Conducting negotiations and concluding agreements and
international treaties.
(k) Accepting the diplomatic and international representatives in Iraq anddemanding their withdrawal.
(l) Appointing and accrediting the Iraqi diplomatic representatives in Arab andforeign Capitals and in international conferences and organizations.
(m) Issuing special amnesty and ratifying judgements of capital punishment.
(n) Supervising the good enforcement of the Constitution, the laws, decisions,judicial judgements, and developmental plans in all parts of the Iraqi Republic.
(o) Conferring some of his constitutional competencies to one or more of hisdeputies.
Article 58 [Control]
Vice-Presidents of the Republic and Ministers are responsible for theirfunctions before the President of the Republic. He has the right to bring any ofthem to trial according to the rules of Constitution, for functional errorscommitted 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 thePresident of the Republic, before assuming the responsibilities of theirfunctions:
"I swear by God Almighty, by my honor and by my faith to preserve theRepublican system, to commit myself to its Constitution and laws, to look afterthe independence of the Country, its security and territorial integrity, and todo my best earnestly and sincerely to realize the objectives of thePeople."
Article 60 [Independence, Recourse]
(a) The judiciary is independent and is subject to no other authority save thatof 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, anddismissal of judges and magistrates.
Article 61 [Prosecution]
The law determines the posts of public prosecution, its agencies and conditionsfor the appointment of the attorneys general, their deputies, rules of theirtransfer, promotion, litigation, and dismissal.
Article 62 [Recolutionary Command Council Office]
(a) To be member of the Revolutionary Command Council or Vice-President of theRepublic 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 andVice-Presidents of the Republic and Ministers, during their term of office, topursue any private professional or commercial work or to buy any State propertyor 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 Constitutionis promulgated.
(b) This Constitution cannot be modified except by the Revolutionary CommandCouncil 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, effectivethe date of publication, unless otherwise stipulated.
(b) Laws have no retroactive effect, unless otherwise stipulated. This exceptiondoes 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 judgements are promulgatedand 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 tothe promulgation of this Constitution, remain in force and cannot be modified orabolished except in accordance with the procedures prescribed in thisConstitution.
Article 67 [Promulgation, Publication]
The President of the Revolutionary Command Council undertakes promulgating thisConstitution and publishing it in the Official Gazette.
|
Draft Constitution for New IRAQ Published 02/17/1999 Chapter I Article 1
Article 2
Article 3
Chapter II Article 4
Article 5
Chapter III Article 6
Article 7
Article 8
Article 9
Article 10
a) Republic of Iraq defense, Part II Article 11
Part III Article 12
Article 13 An impeachment of the President by the National Parliament takes the form of a new presidential election. Article 14 The Republic of Iraq provides for an overall equalization of finances, giving due consideration to the regions' respective debts, burdens, economic power, and infrastructural responsibilities. Part IV Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22 The parliamentary Ombudsman safeguards fundamental rights and liberties and controls the compliance of all Republic of Iraq powers with the provisions of this Constitution. Part V Article 23
Article 24
Article 25
Chapter IV Part I Article 26
Article 27
Part II Section I Article 28
Article 29
Article 30 Everyone has the right to testify and inherit. Section II Article 31
Section III Article 32
Article 33
Article 34
Section IV Freedom of Profession and Activities Article 35
Article 36
Section V Political Rights Article 37
Article 38 Everyone has the right to address written petitions to the competent agencies, to governments, and to parliaments. Article 39
Article 40
Article 41
Section VI Article 42
Part III Article 43
Article 44
Article 45 No title of nobility is granted by the Republic of Iraq. Titles of nobility are no longer part of the family name. Part IV Article 46
Part V Welfare Rights Article 47
Part VI Article 48
Article 49
Article 50 (a) to a speedy and public trial,
No citizen may be extradited to a foreign country. Chapter V Part I Admissible Restrictions
Article 53
Part II rticle 54
Article 55
Part III Article 56
Article 57 The Republic of Iraq establishes the requirements for mandatory insurance. Part IV Article 58 No one but the national entities may own heavy weapons or ultra-hazardous material. Article 59
Part V Article 60
Article 61 By final court order, the right to vote and to be elected can, partially or at large, temporarily or unlimited, be suspended if an adult: |
Fonte: http://www.uni-wuerzburg.de/law/info.html ICL - International Constitutional Law