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Published by the GLORIA Center, |
Volume 9,
No. 3- September 2005 |
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الديباجة PREAMBLE We the sons of Mesopotamia, 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. عرفاناً منّا بحقِ الله علينا، وتلبيةً لنداء وطننا ومواطنينا، واستجابةً لدعوةِ قياداتنا الدينية والوطنية واصرارِ مراجعنا العظام وزعمائنا ومصلحينا وقوانا الوطنية وسياسيينا ، ووسطَ مؤازرةٍ عالمية من اصدقائنا ومحبينا، زحفنا لأول مرةٍ في تاريخنا لصناديق الاقتراع بالملايين، رجالاً ونساءً وشيباً وشباناً في 30 كانون الثاني سنة 2005م، مستذكرين مواجع القمع الطائفي من قبل الطغمة المستبدة ومستلهمين فجائعَ شهداءِ العراق شيعةً وسنةً، عرباً وكورداً وتركماناً، ومعهم بقية أخوانهم من المكونات جميعها، Recognizing God'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 Jan. 30, 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 -- ومستوحين ظُلامةَ استباحة المدن المقدسة والجنوب في الانتفاضة الشعبانية ومكتوين بلظى شجن المقابر الجماعية والاهواروالدجيل وغيرها، ومستنطقين عذابات القمع القومي في مجازرِ حلبجةَ وبرزانَ والانفال والكورد الفيليين، ومستلهمين مآسي التركمان في بشير،وكما في بقية مناطق العراق فقد عانى اهالي المنطقة الغربية من تصفية قيادتها ورموزها وشيوخها وتشريد كفاءاتها وتجفيف منابعها الفكرية والثقافية ، فسعينا يداً بيد ، وكتفاً بكتف ، لنصنع عراقنا الجديد ، عراق المستقبل ، من دون نعرة طائفية ، ولا نزعة عنصرية ولا عقدة مناطقية ولاتمييز ، ولا إقصاء . 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 Halabjah, Barzan, Anfal and against the Fayli 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. الباب
الأول CHAPTER
ONE: BASIC PRINCIPLES Article
(1): Article
(2): 1.
Islam is the official religion of the state and is a basic source of
legislation: (a)
No law can be passed that contradicts the fixed principles 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. 2. 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 of people like Christians, Yazidis, and Mandaean Sabians.
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): 1.
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, Assyrian, Syriac, or Armenian, in
government educational institutions, or any other language in
private educational institutions, according to educational
regulations. 2.
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, the cabinet, courts and official conferences, in either
of the two languages. (c)
Recognition of official documents and correspondences in the two
languages and the issuance 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
bank notes, passports, stamps. 3.
Federal agencies and institutions in the Kurdistan region use both
languages. 4. The Turkomen and
Syriac languages are official languages in administrative areas
where Turkomans and Syrians are the majority of the population. 5.
Any region or province can take a local language as an additional
official language if a majority of the population approves in a
public referendum. Article (5): The law is sovereign and the people are the source of powers and their legitimacy. The people shall exercise these powers through direct and secret ballot and through their constitutional institutions.
Article (6): Government should be rotated peacefully through the democratic means stipulated in this constitution. المادة (7): Article
(7): 1.
Entities or trends that advocate, instigate, justify or propagate
racism, terrorism, "takfir" (declaring someone an
infidel), sectarian cleansing, are banned, especially the Saddamist
Party in Iraq and its symbols, under any name. They will not be
allowed to be part of the multilateral political system in Iraq,
which should be defined according to the law. 2. The state will be committed 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 interfering 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): 1. (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,
assess threats to national security, and offer advice to the Iraqi
Government. It is under civilian control; it is subjected to the
supervision of the legislative power; 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 communication systems for use in the development,
manufacture, production, and use of such weapons shall be banned. 2. Military service shall be regulated by a law. المادة
(10): 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 practice of (religious) rites freely in them.
Article (11): Baghdad is the capital of the republic of Iraq. المادة(12): Article
(12): 1.
The flag, emblem and national anthem of Iraq shall be regulated by
law in a way that symbolizes the components of the Iraqi people. 2. Medals, official holidays, religious and national occasions and the official calendar shall be regulated by law. المادة (13): Article
(13): 1.
This constitution shall be considered the supreme and highest law in
Iraq. It shall be binding throughout the whole country without
exceptions. 2. 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 الفصل
الاول PART
ONE: RIGHTS FIRST: CIVIL AND
POLITICAL RIGHTS
Article (14): Iraqis
are equal before the law without discrimination because of sex,
ethnicity, nationality, origin, color, religion, sect, belief,
opinion or social or economic status. Article (15): Every individual has the right to life, security, and freedom, and cannot be deprived of these rights or have them restricted except in accordance with the law and based on a ruling by the appropriate judicial body.
Article
(16): Equal opportunity is a right guaranteed to all Iraqis, and the state shall take the necessary steps to achieve this.
Article (17): 1. Each
person has the right to personal privacy as long as it does not
violate the rights of others or public morality. 2. The sanctity of the home is protected. They cannot be entered, searched, or violated except by a judicial decision and in accordance with the law.
Article
(18): 1.
An Iraqi is anyone who is born to an Iraqi father or an Iraqi
mother. 2.
Iraqi nationality is a right for all Iraqis and it is the basis of
their citizenship. 3. (a) It
shall be forbidden to withdraw the Iraqi citizenship from an Iraqi
by birth for any reason. Those who have had their citizenship
withdrawn have the right to reclaim it and this should be regulated
by law. (b)
Iraqi citizenship shall be withdrawn from naturalized citizens in
cases stated by law. 4. Every Iraqi has the right to carry more than one citizenship. Those who take a leading or high-level security position must give up any other citizenship. This shall be regulated by law. خامساً
ـ لاتمنح
الجنسية
العراقية
لأغراض
سياسة
التوطين
السكاني
المخل
بالتركيبة
السكانية
في
العراق. 5.
Iraqi citizenship may not be granted for the purposes of a policy of
population settlement disrupting the demographic makeup in Iraq. 6.
Citizenship regulations shall be determined by law, and the proper
courts should hear suits arising from the regulations.
Article
(19):
1. The
judiciary is independent, with no power above it other than the law. 2.
There is no crime and no punishment except by the text (of law). And
there is no punishment except for an act that the law considers a
crime at the time of its commission. No punishment can be enacted
that is heavier than the punishment allowed at the time of the
crime's commission. 3.
Trial by judiciary is a right protected and guaranteed to all. 4. The
right to defense is sacred and guaranteed in all stages of
investigation and trial. 5. The
accused is innocent until his guilt is proven in a just and legal
trial. The accused cannot be tried for the same charge again after
he has been freed unless new evidence appears. 6.
Every individual has the right to be treated in a just manner in all
judicial and administrative procedures. 7.
Court sessions will be open unless the court decides to make them
secret. 8. Punishment is
for individuals. 9. Laws
do not apply retroactively unless otherwise has been legislated, and
this exception does not include laws of taxes and duties. 10. Punitive law shall
not be applied retroactively unless it is best for the defendant. 11. The
court shall appoint an attorney to defend defendants charged with a
felony or a misdemeanor who do not have an attorney and it shall be
at the state's expense. 12. ـ
أـ يحظر
الحجز. (a)
(Arbitrary) detention shall not be allowed. (b)
Arrest or imprisonment is not allowed in places other than those
designated for that according to laws of prisons that are covered by
health and social services and that are under the control of the
state. 13.
Preliminary investigation papers shall be shown to the concerned
judge no later than 24 hours from the time of the detention of the
accused and cannot be extended except once and for the same
duration. المادة
:(20): Article
(20): Citizens, male and female, have the right to participate in
public matters and enjoy political rights, including the right to
vote and run as candidates.
Article
(21): 1. An
Iraqi shall not be handed over to foreign bodies and authorities. 2.
Political asylum to Iraq shall be regulated by law and the political
refugee shall not be turned over to a foreign body or forcefully
returned to the country from which he has fled. 3.
Political asylum shall not be granted to those accused of committing
international or terror crimes or to anyone who has caused Iraq
harm. SECOND:
ECONOMIC, SOCIAL AND CULTURAL RIGHTS اولاًـ
العمل حق
لكل
العراقيين بما
يضمن لهم
حياة كريمة. Article
(22): 1. Work is a right for all Iraqis in a way that guarantees
them a good life. 2. The
law regulates the relationship between employees and employers on an
economic basis, while keeping in consideration rules of social
justice. 3. The
state guarantees the right to form or join syndicates or
professional unions. This shall be regulated by law. Article
(23): 1.
Private property is protected and the owner has the right to use it,
exploit it and benefit from it within the boundaries of the law. 2.
Property may not be taken away except for the public interest in
exchange for fair compensation. This shall be regulated by law. 3. (a) An
Iraqi has the right to ownership anywhere in Iraq and no one else
has the right to own real estate except what is exempted by law. (b)
Ownership with the purpose of demographic changes is forbidden. Article
(24): The state shall guarantee the freedom of movement for workers,
goods and Iraqi capital between the regions and the provinces. This
shall be regulated by law.
Article
(25): The state shall guarantee the reforming of the Iraqi economy
according to modern economic bases, in a way that ensures complete
investment of its resources, diversifying its sources and
encouraging and developing the private sector.
Article
(26): The country shall guarantee the encouragement of investments
in the different sectors. This shall be regulated by law.
Article (27): 1.
Public property is sacrosanct, and its protection is the duty of
every citizen. 2.
Regulations pertaining to preserving and administrating state
property, the conditions set for using it, and the cases when giving
up any of the property may not be allowed shall be regulated by law.
Article
(28): 1.
Taxes and fees shall not be imposed, amended, collected or
eliminated except by law. 2.
Low-income people should be exempted from taxes in a way that
guarantees maintaining the minimum level necessary for living. This
shall be regulated by law. Article
(29): اولاًـ (a) The
family is the foundation of society and the state should preserve
its (the family's) existence and its religious, ethical, and
national value. (b) The
state shall guarantee the protection of motherhood, childhood and
old age and shall take care of juveniles and youths and provide them
with agreeable conditions to develop their capabilities. 2.
Children have the right to upbringing, education and care from their
parents; parents have the right to respect and care from their
children, especially in times of want, disability or old age. 3.
Economic exploitation of children in any form is banned and the
state shall take measures to guarantee their protection. 4.
Violence and abuse in the family, school and society shall be
forbidden.
Article
(30): 1. The
state guarantees social and health insurance and the basics for a
free and honorable life for the individual and the family --
especially children and women. The state shall also provide them
with a suitable income and housing. 2.
The state guarantees social security for Iraqis in case of old age,
sickness, disability, homelessness, death of parents, and
unemployment. The state shall also work to protect Iraqis from
illiteracy, fear and poverty and provide them with housing and the
means to rehabilitate and take care of them. This shall be regulated
by law.
Article
(31): 1.
Every Iraqi has the right to health care, and the state is in charge
of public health and guarantees the means of protection and
treatment by building different kinds of hospitals and health
institutions. 2.
Individuals and associations have the right to build hospitals,
dispensaries, or private clinics under the supervision of the state.
This shall be regulated by law.
Article
(32): The state cares for the disabled and those with special needs
and guarantees their rehabilitation to integrate them in society.
This shall be regulated by law.
Article
(33): 1.
Every individual has the right to live in a healthy environmental
atmosphere. 2. The
state guarantees protection and preservation of the environment and
biological diversity.
Article
(34): 1.
Education is a main factor for the progress of society and it is a
right guaranteed by the state. It is mandatory in the elementary
school and the state guarantees fighting illiteracy. 2. Free
education is a right for Iraqis in all its stages. 3. The
state encourages scientific research for peaceful purposes in a way
that serves humanity and it promotes excellence, creativity, and
innovation, and the different manifestations of excellence. 4.
Private and national education is guaranteed and regulated by law. الفصل
الثاني PART
TWO: FREEDOMS Article
(35): اولاً: 1. (a) The
freedom and dignity of a person are protected. (b) No
one may be detained or investigated unless by judicial decision. (c) All
forms of torture, mental or physical, and inhuman treatment are
forbidden. There is no recognition of any confession extracted by
force or threats or torture, and the wronged party may seek
compensation for any physical or mental harm that is inflicted. 2. The state is
committed to protecting the individual from coercion in thought,
religion or politics, and no one may be imprisoned on these bases. 3.
Forced labor, slavery, and slave trade is forbidden, as is the
trading in women or children or the sex trade.
Article
(36): The
state guarantees, as long as it does not violate public order and
morality: (a) The
freedom of expression by all means. (b) The
freedom of the press, publishing, media and distribution. (c)
Freedom of assembly and peaceful protest will be organized by law.
Article
(37):
1.
Freedom to establish and join political organizations and parties is
guaranteed, and it will be organized by law.
2.
No person can be forced to join or remain a member of a political
party or organization.
Article(38): The freedom of communications and exchanges by post, telegraph, telephone and by electronic and other means is guaranteed. They will not be monitored or spied upon or revealed except for legal and security necessity in accordance with the law. المادة"
(39): Article
(39): العراقيون
احرار
في
الالتزام
باحوالهم
الشخصية
حسب
دياناتهم
او مذاهبهم
او
معتقداتهم
او
اختياراتهم
وينظم ذلك
بقانون. Iraqis
are free in their adherence to their personal status according to
their own religion, sect, belief and choice, and that will be
organized by law.
Article
(40): Every individual has freedom of thought, conscience, and
belief
Article
(41):
1.
The followers of every religion and sect are free in: (a) The practice of
their religious rites, including the (Shiite) Husayniyah rites. (b) The
administration of religious endowments and their affairs and their
religious institutions, and this will be organized by law. 2. The
state guarantees freedom of worship and the protection of its
places.
Article
(42): 1. The
Iraqi citizen has freedom of movement and travel and residence
within Iraq and outside it. 2. No
Iraqi can be exiled or forced out of or forbidden to return to his
homeland.
Article
(43): 1. The
state is keen to strengthen the role of civil society groups and to
support, develop and preserve their independence in accordance with
peaceful means to realize legitimate goals. This shall be regulated
by law. ثانياً
ـ تحرص
الدولة على
النهوض
بالقبائل
والعشائر
العراقية
وتهتم
بشؤونها
بما ينسجم
مع الدين
والقانون
وتعزز
قيمها
الانسانية
النبيلة
وبما يسهم
في تطوير
المجتمع
وتمنع
الاعراف
العشائرية
التي
تتنافى
مع
حقوق
الانسان. 2. The
state is keen to advance Iraqi tribes and clans and it cares about
their affairs in accordance with religion and law. The state will
also entrench their honorable human values in a way that contributes
to developing society and will forbid tribal customs that violate
human rights.
Article
(44): All individuals have the right to enjoy the rights stated in
international human rights agreements and treaties endorsed by Iraq
and that do not run contrary to the principles and rules of this
constitution.
Article
(45): Restricting or limiting any of the freedoms and liberties
stated in this constitution may only happen by, or according to, law
and as long as this restriction or limitation does not undermine the
essence of the right or freedom. الباب الثالث CHAPTER
THREE: THE FEDERAL POWERS
تتكون
السلطات
الاتحادية
من السلطات
التشريعية
والتنفيذية
والقضائية،
تمارس
اختصاصاتها
ومهماتها
على اساس
مبدأ الفصل
بين
السلطات. Article (46): The
federal powers include the legislative, executive, and judiciary
powers. Each will have its jurisdiction and carry out its tasks
based on the principle of the separation of powers. الفصل الاول PART
ONE: THE LEGISLATIVE POWER. Article
(47): The federal legislative power is made up of the Council of
Representatives and the Council of Union. FIRST:
THE COUNCIL OF REPRESENTATIVES (PARLIAMENT) Article
(48): 1. The
Council of Representatives is made up of a number of members at a
proportion of one seat for every 100,000 people from the population
of Iraq. They represent the entire Iraqi people and are elected by
general, direct, secret ballot, and it should be taken into
consideration that all groups of the Iraqi people are represented in
the council. 2. A
candidate for membership in the Council of Representatives must be a
fully qualified Iraqi. 3.
Conditions for candidates and voters and everything connected to
elections will be regulated by law. 4. The
elections law aims at achieving a representation percentage of women
that is not less than one quarter of the council's members 5. The
Council of Representatives will promulgate a law dealing with the
replacement of its members when they resign or are removed or die. 6. It
is not permitted to hold membership in the Council of
Representatives and another official position.
Article (49): Members
of the Council of Representatives shall take the constitutional oath
in front of the council before starting their work, as follows:
"I swear by God almighty to carry out my legal duties and
responsibilities with dedication and devotion and to preserve the
independence and sovereignty of Iraq and to look after the interests
of its people and to see to the safety of its land, sky, water,
wealth and democratic, federal system and to work to preserve the
public and private freedoms and the independence of the judiciary
and to abide by honestly and impartially implementing the
legislation. God is the witness of what I say."
Article
(50): The Council of Representatives shall establish a bylaw to
regulate its work.
Article
(51): 1. The
Council of Representatives should determine the correctness of the
membership of a member by a two-third majority within 30 days of the
registering of an objection. 2. The
council's decision may be challenged before the Supreme Federal
Court within 30 days of the day it was issued.
Article
(52): 1.
Sessions of the Council of Representatives shall be public unless it
is necessary to do otherwise. 2.
Sessions reports shall be published in the way the council sees fit.
Article
(53): The president of the republic calls on the council to convene
by a presidential decree within 13 days of the date that the results
of the general elections have been certified. The session shall be
held under the chairmanship of the oldest member, to elect the
president of the council and his deputies. Extensions for more than
the previously mentioned period are not allowed.
Article
(54): In its first session, the council shall elect by absolute
majority its president, then a first deputy and a second deputy by
direct and secret balloting.
Article
(55): 1. The
duration of the council's session is four calendar years, starting
with the first session and ending by the end of the fourth year. 2. The
election of a new Council of Representatives takes place 45 days
before the session ends.
Article
(56): The Council of Representatives has two legislative seasons a
year, running for eight months. The bylaw will determine how they
shall be held. The season in which the general budget is submitted
to the council shall not end before it is approved.
Article
(57): 1. The
president of the republic, the prime minister, the president of the
Council of Representatives or 50 members of the council may call for
an extraordinary session, and the meeting shall be confined to the
issues that have made it necessary to call for the session. ثانياً
ـ يتم تمديد
الفصل
التشريعي
لدورة
انعقاد
مجلس
النواب بما
لايزيد على
ثلاثين
يوماً،
لانجاز
المهمات
التي
تستدعي ذلك،
بناءً على
طلبٍ من
رئيس
الجمهورية
او رئيس
مجلس
الوزراء
أو
رئيس مجلس
النواب او
خمسين عضواً
من اعضاء
المجلس. 2. The
legislative season for the Council of Representatives may be
extended for no longer than 30 days to accomplish the tasks that
require this, based on a request from the president of the republic,
the prime minister, the president of the Council of Representatives
or 50 members.
Article
(58): 1.
(a) Quorum for sessions of the Council of Representatives shall be
reached by the attendance of the absolute majority of its members. (b)
Decisions shall be made in the Council of Representatives by simple
majority, after quorum had been reached, as long as it has not been
stated otherwise. 2. (a)
Draft laws shall be presented by the president of the republic and
the cabinet. (b)
Bills shall be presented by ten of the members of the Council of
Representatives, or by one of its competent committees.
Article
(59): The Council of Representatives is given the following duties: 1. Legislating federal
laws. 2.
Overseeing the performance of the executive authority. 3.
Endorsing treaties or international agreements by a two-thirds
majority of the members of the Council of Representatives will be
regulated by law. 4.
Electing the President of the republic 5.
Approving the appointments of: (a) The
head and members of the Federal Cassation Court, the head of the
General Prosecutors Office, and the head of the Judiciary Inspection
Department by absolute majority, based on the recommendation of the
Supreme Judicial Council. (b)
Ambassadors and those with special ranks, based on the
recommendation of the Cabinet. (c) The
army chief of staff, his deputies and those who hold the title of
division leader and up, the head of the intelligence service, based
on the recommendation of the Cabinet. 6. (a)
Questioning the president of the republic based on a request that
mentions the reason for questioning, passed by an absolute majority
of the Council of Representatives. (b)
Relieving the president of the republic of his duties by absolute
majority of the members of the Council of Representatives after he
has been convicted by the Supreme Federal Court in one of the
following cases: 1. Violating the
constitutional oath. 2.
Violating the constitution. 3.
Grand treason. 7. (a) A
member of the Council of Representatives has the right to ask the
prime minister and the ministers questions about any subject that
falls under any their specialties, and each has the right to answer
the members. He/she who asks the question is the only one who has
the right to comment on the answer. (b) At
least 25 members of the Council of Representatives may propose a
general topic for discussion to clarify the policy or performance of
the Cabinet or one of the ministries, and it is then presented to
the president of the Council of Representatives, and the prime
minister or the ministers set a date to come before the Council of
Representatives to discuss it. (c) A
member of the Council of Representatives, with the approval of 25
members, may direct an interpellation to the prime minister or the
ministers to hold them accountable for the affairs under their
specialty. Discussing the interpellation may not take place before
seven days from the date it was submitted. 8. أ
ـ لمجلس
النواب سحب
الثقة من
احد
الوزراء
بالاغلبية
المطلقة
ويعد
مستقيلاً
من تاريخ
قرار سحب
الثقة، ولا
يجوز طرح
موضوع
الثقة
بالوزير
الا
بناءً على
رغبته او
طلب موقع من
خمسين عضواً
، اثر
مناقشة
استجواب
موجه اليه،
ولايصدر
المجلس
قراره في
الطلب الا
بعد سبعة
ايام في
الاقل من
تأريخ
تقديمه. (a)
The Council of Representatives may withdraw confidence from a
minister by absolute majority, and he/she is considered removed from
the date of the withdrawal of confidence. The issue of confidence in
a minister can only be put forth at his request or because of a
request signed by 50 members as a result of discussing an
interpellation directed to him. The council may not decide on the
request except after at least seven days from the day it has been
submitted. ب
ـ
(b) 1 ـ لرئيس الجمهورية تقديم طلب لمجلس النواب بسحب الثقة من رئيس مجلس الوزراء. 1. The
president of the republic may submit a request to the Council of
Representatives to withdraw confidence from the prime minister.
2. The
Council of Representatives, based on a request from one-fifth of its
members, may vote to withdraw confidence from the prime minister.
This request may not be submitted except after an interpellation
directed to the prime minister and after at least seven days from
the submission of the request.
3. The
Council of Representatives decides the withdrawal of confidence from
the prime minister by absolute majority of its members. ج
ـ الوزارة
تعد
مستقيلة
في
حالة سحب
الثقة من
رئيس مجلس
الوزراء. (c) The
Cabinet shall be dissolved in the case that confidence is withdrawn
from the prime minister. (d) In
the case of a vote withdrawing confidence from the whole Cabinet,
the prime minister and ministers remain in their posts to run the
daily affairs for a period no longer than 30 days until a new
Cabinet is formed in accordance with Article 74 of this
constitution. (e) The
Council of Representatives has the right to question and relieve the
officials of independent associations from their duties according to
the procedures related to the ministers and by absolute majority. 9. (a)
Approving the declaration of war and a state of emergency by a
two-thirds majority, based on a joint request by the president of
the republic and the prime minister. ب
ـ تعلن
حالة
الطوارئ
لمدة
ثلاثين
يوماً
قابلة
للتمديد
وبموافقةٍ
عليها في كل
مرة. (b) The
state of emergency may be declared for 30 days, which may be
extended by approving it each time. (c) The
prime minister shall be given the necessary powers to enable him to
run the country's affairs during the period of a declaration of war
or a state of emergency. These powers shall be regulated by a law
that does not run contrary to the constitution. (d) The
prime minister presents to the Council of Representatives the
measures adopted and the results during the period of a declaration
of war or a state of emergency within 15 days from the time they
have ended.
Article
(60): اولاً
ـ يقدم مجلس
الوزراء
مشروع
قانون
الموازنة
العامة
والحساب
الختامي
الى مجلس
النواب
لاقراره. 1. The
Cabinet presents the general budget bill and the final accounting
statement to the Council of Representatives for approval. 2. The
Council of Representatives has the right to rearrange the parts of
the general budget, reduce its total amount of money, and it may,
when necessary, propose to the Cabinet to increase general
expenditure.
Article
(61): 1. The
rights and privileges given to the president of the Council of
Representatives and his deputies and the members of the council
shall be determined by law. 2. أ
ـ يتمتع عضو
مجلس
النواب
بالحصانة
عما يدلي به
من اراء في
اثناء دورة
الانعقاد
ولا يتعرض
للمقاضاة
امام
المحاكم
بشأن ذلك
. ب
ـ لايجوز
القاء
القبض
على
العضو خلال
مدة الفصل
التشريعي
الا اذا كان
متهماً
بجناية،
وبموافقة
الاعضاء
بالاغلبية
المطلقة
على رفع
الحصانة
عنه او اذا
ضبط متلبساً
بالجرم
المشهود في
جناية. b) A
member may not be arrested during the duration of the council's
session unless he is accused of a felony and by the approval of the
absolute majority of the members that he be stripped of his immunity
or if he was arrested red-handed. c) A
member may not be arrested after the end of the session unless he is
accused of a felony and by the approval of the speaker of the
Council of Representatives that he be stripped of his immunity, or
if he was arrested red-handed. المادة"
(62): Article
(62): 1. The
Council of Representatives shall be dissolved by the absolute
majority of its members, based on a request by one third of its
members or a request from the prime minister and with the approval
of the president of the republic. The council may not be dissolved
during the interpellation of the prime minister. 2. The
president of the republic calls for general elections in the country
no later than 60 days after the council of representatives has been
dissolved. In that case, the Cabinet is considered dissolved and it
continues to run the daily affairs. SECOND:
THE COUNCIL OF UNION. Article
(63): 1. A
legislative council called the "Council of Union" will be
established and will include representatives of regions and
governorates that are not part of regions, the makeup of the
council, the conditions for its membership, its jurisdiction, and
all things related to it will be regulated by law. الفصل الثاني PART
TWO: THE EXECUTIVE POWER
Article
(64): The federal executive authority consists of the president of
the republic and the Cabinet. It carries out its authorities based
on the constitution and the law. FIRST:
THE PRESIDENT Article
(65): The president of the republic is the president of the country
and the symbol of the nation's unity and represents the sovereignty
of the country and oversees the guarantees of adherence to the
constitution, the preservation of Iraq's independence and unity and
the security of its territory, in accordance to the law. Article
(66): The candidate for the president's post must: 1. Be
Iraqi by birth from Iraqi parents. 2.
be legally competent and have reached the age of 40. 3. Have
a good reputation and political experience and be known for his
integrity, rectitude, justice and devotion to the homeland. 4. Not
have been convicted of a crime that violates honor.
Article
(67): The rules of nomination for the president's post shall be
regulated by law.
Article
(68): 1. The
Council of Representatives selects from among the candidates a
president of the republic by a two-third majority. 2. If
no single candidate gets the required majority, the two candidates
with the highest votes will compete and whoever wins a majority of
votes in the second round is declared president of the republic.
يؤدي
رئيس
الجمهورية
اليمين
الدستورية
امام مجلس
النواب
بالصيغة
المنصوص
عليها في
المادة" 49
" من
الدستور. Article
(69): The president of the republic is sworn in before the Council
of Representatives, using the wording mentioned in article 49 in the
constitution. المادة" (70): Article
(70): 1. The
term of president of the republic is limited to 4 years and he can
be elected for only a second term. 2. (a) The
term of the president of the republic ends with the end of the term
of the Council of Representatives. (b) The
president of the republic continues to perform his tasks until after
the election of the new Council of Representatives and after it
convenes and a new president of the republic should be elected
within 30 days of the council's first meeting. (c) In
case the post of the president of the republic becomes vacant, the
Council of Representatives elects a new president for the republic
to complete the remaining term of the president of the republic.
Article
(71): The president of the republic enjoys the following powers: (a)
Issuing special amnesty, upon a recommendation from the prime
minister, except crimes related to personal rights and those
convicted in international crimes, terrorism, and financial and
administrative corruption. (b)
Endorsing treaties and international agreements following approval
by the Council of Representatives. They are considered validated 15
days after the date they were received. (c)
Endorsing and issuing laws enacted by the Council of
Representatives. They are considered validated 15 days after the
date they were received. (d)
Calling for the elected Council of Representatives to convene within
a period not exceeding 15 days from the date that election results
are ratified, and in other cases stated in the constitution. (e)
Awarding medals and badges upon recommendation of the prime minister
and in accordance with the law. (f)
Receiving the credentials of ambassadors. (g)
Issuing republican decrees. (h)
Endorsing execution verdicts issued by the competent courts. (i)
Taking leadership of the armed forces for ceremonial and
commemoration purposes. (j)
Practicing any other presidential powers mentioned in this
constitution.
يحدد
بقانون
راتب
ومخصصات
رئيس
الجمهورية
. Article
(72): The law determines the salary and allowances for the president
of the republic.
Article
(73): 1. The
president of the republic can present a written resignation to the
prime minister, and it is considered valid after seven days of the
date it is lodged to the Council of Representatives. 2. A "deputy" of the president of the republic replaces the president during his absence. ثالثا:
يحل نائب
رئيس
الجمهورية
محل رئيس
الجمهورية
عند خلو
منصبه لاي سبب
كان وعلى
مجلس
النواب
انتخاب
رئيس جديد
خلال مدة لا
تتجاوز
ثلاثين
يوما من
تاريخ
الخلو
. 3. The
deputy of the president of the republic replaces the president of
the republic when the post is vacant for any reason, and the Council
of Representatives has to elect a new president within a period not
exceeding 30 days after the post becomes vacant 4. In
the case when the post of the president of the republic is vacant,
the speaker of the Council of Representatives replaces the president
if there is no deputy for him, and a new president should be elected
in a period not exceeding 30 days from the time the position is
vacant, in accordance with to the articles of this constitution. ثانيا
: مجلس
الوزراء
SECOND:
THE CABINET
Article
(74): 1. The
president assigns the candidate of the parliamentary majority to
form a Cabinet within 15 days after the first session of the Council
of Representatives except in the case stipulated in point b, in the
second paragraph of Article 70 of this constitution. This
appointment should take place within 15 days after the president of
the republic is elected. 2. The
prime minister is assigned to name members of his Cabinet within a
period of no more than 30 days, at the longest, from the date of the
assignment. 3. The
president assigns a new candidate to be the prime minister within 15
days if the prime minister assigned to form the cabinet during the
period mentioned in the second clause fails. 4. The
assigned prime minister presents the names of the members of his
cabinet and its ministerial platform to the Council of
Representatives. He is considered to have won confidence when his
ministers are approved individually and his ministerial platform is
approved by an absolute majority. 5. The
president will take up the assigning of another candidate to form a
cabinet within 15 days if the Cabinet does not win confidence.
Article
(75): 1. The
prime minister must meet the conditions set for the president of the
republic. He must have a university degree or an equivalent and must
be no younger than 35. 2.
Ministers must meet the same conditions set for candidates to the
Council of Representatives. A minister must have a university degree
or an equivalent.
رئيس
مجلس
الوزراء هو
المسؤول
التنفيذي
المباشر عن
السياسة
العامة
للدولة،
والقائد
العام
للقوات
المسلحة،
يقوم
بادارة
مجلس
الوزراء
ويترأس
اجتماعاته،
وله الحق
باقالة
الوزراء،
بموافقة
مجلس
النواب
. Article
(76): The prime minister is the direct executive responsible for the
general policy of the nation, the general commander of the armed
forces and carries out the administration of the Cabinet and
presides over its sessions. The prime minister has the right to
remove ministers, with the consent of the Council of
Representatives.
Article
(77): The prime minister and the ministers carry out the
constitutional oath of office before the Council of Representatives
in the formula mentioned in Article (49) of the constitution.
يمارس
مجلس
الوزراء
الصلاحيات
الاتية
: Article
(78): The Cabinet carries out the following duties: 1.
Planning and implementing the general policy of the state; general
plans; supervising the work of the ministries and offices not
subordinate to a ministry. 2.
Proposing draft laws. 3.
Issuing regulations, instructions and decisions to implement the
laws. 4.
Preparing the draft of the general budget and the final accounting
statement and development plans. 5.
Recommending to the Council of Representatives for approval the
appointments of undersecretaries of ministers, ambassadors, those
who have special ranks; the army chief of staff, his assistants and
those who are division commanders or above; the head of the national
intelligence service and the heads of the security apparatuses. 6.
Negotiating treaties and international agreements and signing them
or designating someone to sign.
Article
(79): 1. The
president of the republic becomes the acting prime minister when the
position is empty for any reason. 2. The president of the republic must name another prime minister within no more than 15 days and in accordance with the provisions of Article 74 in this constitution.
تنظم
بقانون
رواتب
ومخصصات
رئيس
واعضاء
مجلس
الوزراء
ومن هم
بدرجتهم Article
(80): The salaries and allowances of the prime minister and the
ministers and those at their rank shall be fixed by law. . تكون
مسؤولية
رئيس مجلس
الوزراء
والوزراء
امام مجلس
النواب
تضامنية
وشخصية
. Article
(81): The responsibility of the prime minister and the ministers
before the Council of Representatives shall be collective and
personal.
Article
(82): 1. The
work of the security apparatuses and the intelligence service shall
be regulated by law; their duties and powers shall be specified and
they shall work according to the principles of human rights and
shall be subjected to the supervision of the Council of
Representatives. 2. The
national intelligence service is affiliated to the Cabinet.
يضع
مجلس
الوزراء
نظاما
داخليا
لتنظيم سير
العمل فيه
. Article
(83): The Cabinet shall lay down a system of internal rules to
regulate its work.
ينظم
بقانون
تشكيل
الوزارات
ووظائفها
واختصاصاتها
وصلاحيات
الوزير
. Article
(84): The structure of ministries and their functions and
responsibilities and the powers of the minister shall be regulated
by law. الفصل
الثالث PART
THREE: THE JUDICIARY
السلطة
القضائية
مستقلة
وتتولاها
المحاكم
على اختلاف
انواعها
ودرجاتها
وتصدر
احكامها
وفقا
للقانون
. Article
(85): The judiciary is independent and will be represented by courts
of different kinds and levels, and they will issue their rulings
according to the law.
القضاة
مستقلون لا
سلطان
عليهم في
قضائهم
لغير
القانون،
ولا يجوز
لاية سلطة
التدخل في
القضاء او
في شؤون
العدالة
. Article
(86): Judges are independent, with no authority over them in their
rulings except the law. No authority can interfere in the judiciary
or in the affairs of justice.
تتكون
السلطة
القضائية
الاتحادية
من مجلس
القضاء
الاعلى،
والمحكمة
الاتحادية
العليا،
ومحكمة
التمييز
الاتحادية،
وجهاز
الادعاء
العام،
وهيئة
الاشراف
القضائي،
والمحاكم
الاتحادية
الاخرى
التي تنظم
وفقا
للقانون
. Article
(87): The Federal Judiciary will include the Supreme Judiciary
Council, the Supreme Federal Court, the Federal Cassation Court, the
Prosecutor's Office, the Judiciary Inspection Department and other
federal courts that are regulated by the law. أولا
: مجلس
القضاء
الاعلى
FIRST:
THE SUPREME JUDICIARY COUNCIL يتولى
مجلس
القضاء
الاعلى
ادارة شؤون
الهيئات
القضائية،
ويبين
القانون
طريقة
تكوينه
واختصاصاته
وقواعد
سير العمل
فيه . Article
(88): The Supreme Judiciary Council will administer the judicial
establishments' affairs. The law defines how it is formed,
jurisdictions, and the rules of work within it. يمارس
مجلس
القضاء
الاعلى
الصلاحيات
الاتية
: Article
(89): The Supreme Judiciary Council will exercise the following
powers: 1.
Administering and supervising the judicial affairs and the federal
judiciary system. 2.
Nominating the head and members of the Supreme Federal Court and the
head of the Federal Cassation Court, the chief prosecutor and the
head of the Judiciary Inspection Department and presenting their
names to parliament for endorsement. 3.
Proposing the annual budget for the federal judiciary system and
presenting it to parliament for approval. ثانيا
: المحكمة
الاتحادية
العليا
SECOND:
THE SUPREME FEDERAL COURT اولا
: المحكمة
الاتحادية
العليا
هيئة
قضائية
مستقلة
ماليا
واداريا.
Article
(90): 1. The Supreme Federal Court is an independent judicial body,
financially and administratively, its work and its duties will be
defined by law. ثانيا:
تتكون
المحكمة
الاتحادية
العليا من
عدد من
القضاة
وخبراء في
الفقه
الاسلامي
وفقهاء القانون،
يحدد عددهم
وتنظم
طريقة
اختيارهم
وعمل
المحكمة
بقانون يسن
باغلبية
ثلثي اعضاء
مجلس
النواب
. 2. The
Supreme Federal Court will be made up of a number of judges and
experts in Sharia (Islamic Law) and law, whose number and how they
are selected will be defined by a law that should be passed by
two-thirds of the parliament members.
تختص
المحكمة
الاتحادية
العليا بما
يأتي:
Article
(91): The Supreme Federal Court will have the following duties: 1.
Overseeing the constitutionality of federal laws and standing
regulations. 2.
Interpreting the text of the constitution. 3.
Ruling in cases that emerge from the implementation of federal laws
and the decisions, regulations, instructions, and measures that are
made by the federal authority. The law guarantees the right of
the Cabinet and the individual concerned and others to contest
directly at the court. 4.
Ruling in disputes between the federal government and the
governments of the regions and the provinces and local
administrations. 5.
Ruling in disputes between the governments of the regions or
governorates. 6.
Ruling in accusations against the president of the republic, the
prime minister and the ministers and this is regulated by a law. 7.
Endorsing the final results of parliamentary general elections. 8.
Ruling in disputes over jurisdiction between the federal judiciary
and the judicial bodies of the regions and governorates that are not
part of a region.
قرارات
المحكمة
الاتحادية
العليا
باتة
وملزمة
للسلطات
كافة
. Article
(92) Resolutions of the Supreme Federal Court are binding for all
authorities. THIRD:
General Provisions: يحظر
انشاء
محاكم خاصة
او
استثنائية
. Article
(93): Establishing private or exceptional courts is forbidden.
ينظم
القانون
تكوين
المحاكم
وانواعها
ودرجاتها
واختصاصاتها،
وكيفية
تعيين
وخدمة
القضاة،
واعضاء
الادعاء
العام،
وانضباطهم،
وإحالتهم
على
التقاعد.
Article
(94): The law shall regulate the establishment of courts, their
kinds, degrees, duties and the means of appointing judges, members
of the General Prosecutors Office, the provisions for disciplining
them and moving them into retirement.
القضاة
غير قابلين
للعزل الا
في
الحالات
التي
يحددها
القانون
كما يحدد
القانون
الاحكام
الخاصة بهم
وينظم
مساءلتهم
تأديبيا
. Article
(95): Judges shall not be relieved of their duties except in the
cases determined by the law; the law will also specify the rules
pertaining to them and regulate disciplinary actions against them.
يحظر
على القاضي
وعضو
الادعاء
العام ما
يأتي:
Article
(96): It is forbidden for a judge or a member of the prosecution to:
1.
Simultaneously hold a judicial position and a legislative or
executive position or any other job. 2.
Belong to any party or political organization or engage in any
political activity. . ينظم
بقانون،
القضاء
العسكري،
ويحدد
اختصاص
المحاكم
العسكرية
التي
تقتصر على
الجرائم
ذات الطابع
العسكري
التي تقع من
افراد
القوات
المسلحة،
وقوات
الامن، وفي
الحدود
التي
يقررها
القانون
. Article
(97): The military judiciary shall be regulated by a law and the
responsibilities of the military courts, which are limited to crimes
with a military nature committed by members of the armed forces and
security forces, shall be specified within the limits of the law.
يحظر
النص في
القوانين
على تحصين
اي عمل او
قرار اداري
من الطعن
. Article
(98): It is forbidden to legislate into a law provisions protecting
any administrative action or decision from being challenged in
court.
يجوز
بقانون،
انشاء مجلس
دولة يختص
بوظائف
القضاء
الاداري،
والافتاء،
والصياغة،
وتمثيل
الدولة
وسائر
الهيئات
العامة
امام جهات
القضاء الا
ما استثني
منها
بقانون
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