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Text of Proposed Iraq Constitution

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  • Greg Cannon
    http://www.newsday.com/news/nationworld/world/wire/sns-ap-iraq-constitution-text,0,6718544.story?coll=sns-ap-world-headlines Text of Proposed Iraq Constitution
    Message 1 of 1 , Aug 22, 2005
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      http://www.newsday.com/news/nationworld/world/wire/sns-ap-iraq-constitution-text,0,6718544.story?coll=sns-ap-world-headlines

      Text of Proposed Iraq Constitution

      By The Associated Press

      August 22, 2005, 8:22 PM EDT

      Chapter One

      Article One

      The Republic of Iraq is an independent state.

      Article Two

      The political system is republican, parliamentary,
      democratic and federal.

      1. Islam is a main source for legislation.

      * a. No law may contradict Islamic standards.

      * b. No law may contradict democratic standards.

      * c. No law may contradict the essential rights and
      freedoms mentioned in this constitution.

      2. This constitution guarantees the Islamic identity
      of the Iraqi people and guarantees all religious
      rights; all persons are free within their ideology and
      the practice of their ideological practices.

      3. Iraq is part of the Islamic world, and the Arabs
      are part of the Arab nation.

      4.

      a. Arabic and Kurdish are the two official languages,
      and Iraqis have the right to teach their sons their
      mother language like the Turkomen and Assyrian in the
      government educational institutes.

      b. The language used orally in official institutions
      such as the Parliament and the Cabinet as well as
      official conventions should be one of the two
      languages.

      c. Recognizing the official documents with the two
      languages.

      d. Opening the schools with two languages.

      Article Three

      Federal institutions in Kurdistan should use the two
      languages.

      Article Four

      The Turkomen and Assyrian languages are the official
      languages in the Turkomen and Assyrian areas, and each
      territory or province has the right to use its own
      official language if residents have approved in a
      general referendum vote.

      Article Five

      Power is transferred peacefully through democratic
      ways.

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      Article Seven

      1. Any organization that follow a racist, terrorist,
      extremist, sectarian-cleaning ideology or circulates
      or justifies such beliefs is banned, especially
      Saddam's Baath Party in Iraq and its symbols under any
      name. And this should not be part of the political
      pluralism in Iraq.

      2. The government is committed to fighting terrorism
      in all its forms, and works to protect Iraqi soil from
      being a center or passage for terrorist activities.

      CHAPTER TWO

      Article 35

      * a. Human freedom and dignity are guaranteed.

      * b. No person can be detained or interrogated without
      a judicial order.

      * c. All kinds of physical and psychological torture
      and inhumane treatment are prohibited, and any
      confession is considered void if it was taken by
      force, threats and torture. The person who was harmed
      has the right to ask for compensation for the
      financial and moral damage he/she suffered.

      Article 36

      The State guarantees:

      1. Freedom of expression by all means.

      2. Freedom of the press, printing, advertising and
      publishing.

      Article 37

      Freedom to establish political groups and
      organizations.

      Article 39

      Iraqis are free to abide in their personal lives
      according to their religion, sects, beliefs or choice.
      This should be organized by law.

      CHAPTER THREE

      Article 66
      A presidential candidate should:

      1. Be Iraqi by birth and the offspring of two Iraqi
      parents.

      2. Be no less than 40 years old.

      3. Have a good reputation and political experience,
      and be known as honest and faithful to the nation.

      Article 75

      The prime minister should have all the qualifications
      as the presidential candidate and should have a
      university degree or its equivalent and should not be
      less than 35 years old.

      Article 104

      A general commission should be set up to observe and
      specify the central (government) revenues, and the
      commission should be made up of experts from the
      central government, regions, provinces and
      representatives.

      CHAPTER 4:

      Article 107

      Federal authorities should preserve Iraq's unity,
      security, independence and sovereignty and its
      democratic federal system.

      Article 109

      Oil and gas are the property of all the Iraqi people
      in regions and provinces.

      Article 110

      The central government administers oil and gas
      extracted from current wells, along with governments
      of the producing regions and provinces, on the
      condition that revenues are distributed in a way that
      suits population distribution around the country.

      CHAPTER FIVE

      Article 114

      1. A region consists of one or more provinces, and two
      or more regions have the right to create a single
      region.

      2. A province or more has the right to set a region
      according to a referendum called for in one of two
      ways:

      * a. A demand by one-third of all members of each of
      the provincial councils that aims to set up a region.

      * b. A demand by one-tenth of voters of the provinces
      that aim to set up a region.

      Article 117

      A region's legislative authority is made up of one
      council, named the National Assembly of the region.

      Article 118

      The National Council of the region drafts the region's
      constitution and issues laws, which must not
      contradict this constitution and Iraq's central laws.

      Article 120

      The executive authority of the region is made up of
      the president of the region and the region's
      government.

      Article 128

      The region's revenues are made up from the specified
      allotment from the national budget and from the local
      revenues of the region.

      Article 129

      The regional government does what is needed to
      administer the region, especially setting up internal
      security forces, such as police, security and region
      guards.

      Article 135

      This constitution guarantees the administrative,
      political, cultural and educational rights of
      different ethnic groups such as Turkomen, Chaldean,
      Assyrians and other groups.

      CHAPTER SIX

      Article 144

      The Iraq Supreme Criminal Court continues its work as
      a legislative, independent commission to look into the
      crimes of the former dictatorial regime and its
      symbols, and the Council of Deputies has the right to
      annul it after it ends its duties.

      Article 145

      a. The Supreme National Commission for
      de-Baathification continues its work as an independent
      commission, in coordination with the judicial
      authority and executive institutions and according to
      laws that organize its work.

      b. Parliament has the right to dissolve this
      commission after it ends its work, with a two-thirds
      majority.

      Article 151

      No less than 25 percent of Council of Deputies seats
      go to women.

      Article 153

      This law is considered in force after people vote on
      it in a general referendum and when it is published in
      the official Gazette and the Council of Deputies is
      elected according to it.
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