Text of Proposed Iraq Constitution
Text of Proposed Iraq Constitution
By The Associated Press
August 22, 2005, 8:22 PM EDT
The Republic of Iraq is an independent state.
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.
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
c. Recognizing the official documents with the two
d. Opening the schools with two languages.
Federal institutions in Kurdistan should use the two
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.
Power is transferred peacefully through democratic
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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.
* 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.
The State guarantees:
1. Freedom of expression by all means.
2. Freedom of the press, printing, advertising and
Freedom to establish political groups and
Iraqis are free to abide in their personal lives
according to their religion, sects, beliefs or choice.
This should be organized by law.
A presidential candidate should:
1. Be Iraqi by birth and the offspring of two Iraqi
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.
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.
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
Federal authorities should preserve Iraq's unity,
security, independence and sovereignty and its
democratic federal system.
Oil and gas are the property of all the Iraqi people
in regions and provinces.
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.
1. A region consists of one or more provinces, and two
or more regions have the right to create a single
2. A province or more has the right to set a region
according to a referendum called for in one of two
* 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.
A region's legislative authority is made up of one
council, named the National Assembly of the region.
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.
The executive authority of the region is made up of
the president of the region and the region's
The region's revenues are made up from the specified
allotment from the national budget and from the local
revenues of the region.
The regional government does what is needed to
administer the region, especially setting up internal
security forces, such as police, security and region
This constitution guarantees the administrative,
political, cultural and educational rights of
different ethnic groups such as Turkomen, Chaldean,
Assyrians and other groups.
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.
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
No less than 25 percent of Council of Deputies seats
go to women.
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.