Constitutional Lawof theRepublic of Iraq
Chapter IThe Republic of
IraqArticle 1State Form
Iraq is a Sovereign People's
Democratic Republic. Its basic objective is the realization of one Arab
State and the build-up of the socialist system.
Article 2Authority The people are the source
of authority and its legitimacy. Article 3Sovereignty and
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 4State Religion Islam is the religion of
the State. Article 5Nationalities (a) Iraq is a part of the
Arab Nation.
(b) The Iraqi People are
composed of two principal nationalisms: the Arab Nationalism and the
Kurdish
Nationalism.
(c) This Constitution
acknowledges
the national rights of the Kurdish People and the legitimate rights of
all minorities within the Iraqi unity. Article 6Iraqi Nationality The Iraqi nationality is
regulated by the law. Article 7Languages (a) Arabic is the official
language.
(b) The Kurdish language
is official, besides Arabic, in the Kurdish Region. Article 8Capital &
Decentralization (a) Baghdad is the Capital
of the Iraqi Republic, and it can be transferred by law.
(b) The Iraqi Republic is
divided into administrative units and is organized on the basis of
decentralization. Article 9Flag & EmblemThe Flag of the Iraqi
Republic,
its Emblem, and stipulations concerning the two, are regulated by law. Chapter IISocial and
Economic
Foundationsof the Iraqi
RepublicArticle 10Social SolidarityThe social solidarity is
the
first foundation for the Society. Its essence is that every citizen
accomplishes
his duty in full, and that the Society guarantees the citizen's rights
and liberties in full. Article 11Family, Mothers
&
ChildrenThe family is the nucleus
of
the Society. The State secures its protection and support, and ensures
maternal and child care. Article 12Economy & Arab
Unity The State assumes the
responsibility
for planning, directing and steering the national economy for the
purpose
of:chanroblesvirtuallawlibrary
Article 13Public Property
and
Planning National resources and
basic
means of production are owned by the People. They are directly invested
by the Central Authority in the Iraqi Republic, according to exigencies
of the general planning of the national economy. Article 14CooperationThe State secures,
encourages,
and supports all types of cooperation in production, distribution, and
consumption. Article 15Public PropertyPublic ownership and
properties
of the Public Sector are inviolable. The State and all People are
responsible
for safeguarding, securing, and protecting it. Any sabotage to it or
aggression
against it, is considered as sabotage and aggression against the entity
of the Society. Article 16Ownership and
Private
Property (a) Ownership is a social
function, to be exercised within the objectives of the Society and the
plans of the State, according to stipulations of the law.
(b) Private ownership and
economic individual liberty are guaranteed according to the law, and on
the basis of not exercising them in a manner incompatible with the
economic
and general planning.
(c) Private property is
not expropriated except for considerations of public interest and for
just
compensation in accordance with law.
(d) The maximum limit of
agricultural property is prescribed by the law; the surplus is owned by
the People. Article 17Inheritance Inheritance is a
guaranteed
right, regulated by the law. Article 18Foreigners'
PropertyImmobile ownership is
prohibited
for non-Iraqi, except otherwise mentioned by a law. Chapter IIIFundamental Rights
and
DutiesArticle 19Equality (a) Citizens are equal
before
the law, without discrimination because of sex, blood, language, social
origin, or religion.
(b) Equal opportunities
are guaranteed to all citizens, according to the law. Article 20Criminal 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) Court sessions are
public,
unless it becomes secret by a court's decision. Article 21Penalty, Punishment (a) Penalty is personal.
(b) There can be no crime,
nor punishment, except in conformity with the law. No penalty shall be
imposed, except for acts punishable by the law, while they are
committed.
A severer penalty than that prescribed by the law, when the act was
committed,
cannot be inflicted. Article 22Dignity, Personal
Integrity,
Arrest & Home (a) The dignity of man is
safeguarded. It is inadmissible to cause any physical or psychological
harm.
(b) It is inadmissible to
arrest a person, to stop him, to imprison him or to search 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 23CommunicationThe secrecy of means of
communications
by mail, telegrams, and telephones is guaranteed. It is inadmissible to
disclose it, except for considerations of justice and security, in
accordance
with the rules prescribed by the law. Article 24Right to MoveIt is inadmissible to
prevent
the citizen from departure from the country or returning to it, nor to
restrict his moves or residence in the country, except in cases laid
down
by the law. Article 25Religion Freedom of religion,
faith,
and the exercise of religious rites, is guaranteed, in accordance with
the rules of the constitution and laws and in compliance with morals
and
public order. Article 26Expression,
Association The Constitution
guarantees
freedom of opinion, publication, meeting, demonstrations and formation
of political parties, syndicates, and societies in accordance with the
objectives of the Constitution and within the limits of the law. The
State
ensures the considerations necessary to exercise these liberties, which
comply with the revolutionary, national, and progressive trend. Article 27Education (a) The State undertakes
the struggle against illiteracy and guarantees the right of education,
free of charge, in its primary, secondary, and university stages, for
all
citizens.
(b) The State strives to
make the primary education compulsory, to expand vocational and
technical
education in cities and rural areas, and to encourage particularly
night
education which enables the popular masses to combine science and work.
(c) The State guarantees
the freedom of scientific research, encourages and rewards excellence
and
initiative in all mental, scientific, and artistic activities and all
aspects
of popular excellence. Article 28Educational GoalsEducation has the
objective
of raising and developing the general educational level, promoting
scientific
thinking, animating the research spirit, responding to exigencies of
economic
and social evolution and development programs, creating a national,
liberal
and progressive generation, strong physically and morally, proud of his
people, his homeland and heritage, aware of all his national rights,
and
who struggles against the capitalistic ideology, exploitation,
reaction,
zionism, and imperialism for the purpose of realizing the Arab unity,
liberty,
and socialism. Article 29ProgressThe State undertakes to
make
available the means of enjoying the achievements of modernization, by
the
popular masses and to generalize the progressive accomplishments of
contemporary
civilization on all citizens. Article 30Public Office (a) Public office is a
sacred
confidence and a social service; its essence is the honest and
conscious
obligation to the interests of the masses, their rights and 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 31Armed 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 his security, defending
his
independence, protecting the safety and the integrity of the people and
territory, and realizing his national and regional objectives and
aspirations.
(c) The State alone
establishes
the Armed Forces. No other organization or group, is entitled to
establish
military or para-military formations. Article 32Right, 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 is indispensable 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 the standard of living,
experience,
and culture for all working citizens.
(d) The State undertakes
to provide the largest scale of social securities for all citizens, in
cases of sickness, disability, unemployment, or aging.
(e) The State undertakes
to elaborate the plan to secure the means necessary, to enable the
working
citizens to pass their vacations in an atmosphere, which enables them
to
improve their health standard, and to promote their cultural and
artistic
talents. Article 33Health The State assumes the
responsibility
to safeguard the public health by continually expanding free medical
services,
in protection, treatment, and medicine, within the scope of cities and
rural areas. Article 34Right 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 human principles which are assumed
by the Iraqi People in this Constitution.
(b) The extradition of
political
refugees is prohibited. Article 35TaxesPayment of taxes is the
duty
of every citizen. Taxes cannot be imposed, nor modified, nor levied,
except
by a law. Article 36Prohibited 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 to crumble the national unity
of the popular masses or to provoke racial, sectarian, or regional
discrimination
among them, or to be hostile to their gains and progressive
achievements. Chapter IVInstitutions of
the
Iraqi RepublicSection IThe Revolutionary
Command
CouncilArticle 37Supreme InstitutionThe Revolutionary Command
Council
is the supreme institution in the State, which on 17 July 1968, assumed
the responsibility to realize the public will of the people, by
removing
the authority from the reactionary, individual, and corruptive regime,
and returning it to the people. Article 38Competencies The Revolutionary Command
Council exercises the following competencies by a two-third majority of
its members:chanroblesvirtuallawlibrary
(a) Electing a President
from its members, called President of the Revolutionary Council, who is
President of the Republic.
(b) Electing a
Vice-President
from its members, called Vice-President of the Revolutionary Command
Council,
who replaces the President, as qualified in the preceding paragraph, in
case of his official absence or in case of the impossibility of
exercising
his constitutional competencies or any legitimate reason.
(c) Selecting new
members
for the Council, from members of the Regional Leadership of the
Socialist
Arab Ba'ath Party, not to exceed twelve members.
(d) Taking a decision
concerning
the resignation of the President, and Vice-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 39Oath The President of the
Revolutionary
Command Council, the Vice-President and the members take the following
oath before the Council:chanroblesvirtuallawlibrary
"I swear by God
Almighty,
by my honor and by my faith to preserve the Republican system, to
commit
myself to its Constitution and laws, to look after the independence of
the Country, its security and territorial integrity and to do my best
earnestly
and sincerely to realize the objectives of the Arab Nation for Unity,
Freedom
and Socialism."
Article 40Immunity The President of the
Revolutionary
Command Council, the Vice-President, and the members enjoy full
immunity.
No measures can be taken against any of them without a priori
permission
of the Council. Article 41 (a) The President, the
Vice-President,
or one third of the members can call a meeting of the Revolutionary
Command
Council. Meetings held are presided by the President 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 means specified in this
Constitution.
(c) Laws and decisions are
ratified in the Council by the majority of its members, except
otherwise
stipulated by the Constitution. Article 42General
Competencies The Revolutionary Command
Council exercises the following competencies:chanroblesvirtuallawlibrary
(a) Issuing laws and
decrees
having the force of the law.
(b) Issuing decisions
indispensable
for applying the rules of the enacted laws.
Article 43Majority
CompetenciesThe Revolutionary Command
Council
excises the following competencies by the majority its members:chanroblesvirtuallawlibrary
(a) Ratifying matters of
the Ministry of Defense and Public Security, elaborating the laws and
taking
the decisions in whatever concerns them from the point 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 investment budgets 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 and remunerations of the
President, the Vice-President, its members and officials.
(f) Elaborating the
rules
regarding the prosecution of its members, concerning the formation of
the
court and the procedures to be followed in it.
(g) Vesting its
President
or the Vice-President with some of his competencies prescribed in this
Constitution, except legislative competencies.
Article 44Presidential
CompetenciesThe President of the
Revolutionary
Command Council undertakes:chanroblesvirtuallawlibrary
(a) Presiding over the
meetings
of the Council, representing it, controlling its sessions, and issuing
orders for expenditure.
(b) Signing all laws and
decisions issued by the Council and publishing them in the Official
Gazette.
(c) Supervising the
activities
of Ministries and organizations in the State, calling Ministers to
discuss
matters concerning their Ministries and questioning them in case of
necessity,
and notifying the Revolutionary Command Council regarding that.
Article 45Responsibility The President of the
Revolutionary
Command Council, the Vice-President, and its members, each is
responsible
before the Council, for violating the Constitution or for breaking the
constituencies of the constitutional oath, or for any action or
behavior,
considered by the Council as disgracing the honor of the responsibility
which he assumes. Section IIThe National
CouncilArticle 46Composition The National Council is
composed of the People's representatives from various political,
economic,
and social sectors. Its formation, membership, work procedures, and its
jurisdiction are determined by a special law, called the National
Council
Law. Article 47SessionsThe National Council must
be
held in two ordinary sessions every year. The President can call it for
an extraordinary meeting in case of necessity, and the meeting is
restricted
to matters which necessitated calling the meeting. Sessions of the
National
Council are held and dismissed by a decision of the Revolutionary
Command
Council. Article 48Publicity The meetings of the
Council
are public, unless it is decided that some are to be held closed
according
to rules specified in its law. Article 49Indemnity (a) Members of the
National
Council are not censured for opinions or suggestions expressed by them
in the performance of their task.
(b) No member of the
Council
can be pursed or arrested for a crime committed during a meeting
session
without permission of the Council, except in the case of flagrante
delicto. Article 50OrganizationThe National Council
undertakes:chanroblesvirtuallawlibrary
(a) Elaborating its
internal
statute, determining its competencies, deciding its budget, and
appointing
its employees. Rewards and remunerations of its President and members
are
determined by a law.
(b) Elaborating rules for
accusing and prosecuting its members, in case of committing one of the
actions stipulated in Article 55 of this Constitution. Article 51Command Council
Bills (1) The National Council
considers the draft laws proposed by the Revolutionary Command Council
within fifteen days from the date of their delivery to the office of
the
Presidency of the National Council. If the Council approves the draft,
it is sent to the President of the Republic, to be promulgated; but if
it is rejected or modified by the National Council, it is returned to
the
Revolutionary Command Council. If this latter approves the
modification,
it sends the draft to the President of the Republic, to be promulgated.
(2) If the Revolutionary
Command Council insists upon its point of view, in the second reading,
it is returned to the National Council, to be reviewed in a common
meeting
between the two Councils; the decision taken by a two-thirds majority
is
considered final.cralaw:red.Article 52Presidential Bills The National Council
considers
within fifteen days the draft laws presented to it by the President of
the Republic.
(1) If the Council rejects
the draft, it is returned to the President of the Republic with the
reasons
which justified the rejection.
(2) If the Council
approves
the draft, it is sent to the Revolutionary Command Council and becomes
issuable after that Council approves it.
(3) If the National
Council
modifies the draft, it is sent to the Revolutionary Command Council and
becomes issuable if that Council approves it.
(4) But if the
Revolutionary
Command Council opposes to modifying the draft, or if it makes another
modification, it is once again returned to the National Council within
a week.
(5) If the National
Council
approves the point of view of the evolutionary Command Council, it
sends
the draft to the President of the Republic for promulgating it.
(6) But if the National
Council insists, in the second reading, upon its point of view, a
common
meeting of the two Councils is held and the draft issued by two-thirds
majority is considered definite and is sent to the President of the
Republic
to be promulgated. Article 53National Council
BillsThe National Council
considers
the draft law presented by a quarter of its members, in other than
military,
financial matters, and public security affairs.
(1) If the Council
approves
the draft law, it is sent to the Revolutionary Command Council to be
considered
within fifteen days from its delivery to the Council'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 to the National
Council.
(4) If the Revolutionary
Command Council modifies the draft, it is returned to the National
Council.
(5) If this latter insists
upon its point of view, in the second reading, a common meeting for the
two Councils is held, presided over by the President of the
Revolutionary
Command Council or the Vice-President. The draft issued by two-thirds
majority
is considered definite and is sent to the President of the Republic to
be promulgated. Article 54Debate (a) Vice-Presidents of the
Republic, Ministers, and those at their rank, have the right to attend
the meetings of the National Council and to participate in its 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 or investigation. Article 55Responsibility The President of the
National
Council and every member of it, is responsible before the Council for
violating
the Constitution or for breaking the constituencies of the
constitutional
oath or for any action or behavior, considered by the National Council
as disgracing the honor of the responsibility which he assumes. Section IIIPresident of the
RepublicArticle 56Head of State and
Supreme
Command (a) The President of the
Republic is the Head of the State and the Supreme Commander of the
Armed
Forces, and he exercises the Executive Authority directly or by the
assistance
of his Deputies and Ministers, according to the rules of the
Constitution.
(b) The President of the
Republic issues the decrees necessary for exercising his competencies
stipulated
in this Constitution. Article 57Competencies The President of the
Republic
exercises the following competencies:chanroblesvirtuallawlibrary
(a) Preserving the
independence
of the Country, its territorial integrity, safeguarding its internal
and
external security, and protecting the rights and liberties of all
citizens.
(b) Declaring the state
of total and partial emergency and ending it according to the law.
(c) Appointing the
Vice-Presidents
of the Republic and relieving them of their posts.
(d) Appointing the
governors,
the judges, and all civil and military State employees, promoting them,
terminating their services, placing them on disponibility, and granting
badges of honor and military grades, according to the law.
(e) Elaborating the
draft
general State budget, the independent and investment budgets annexed to
it, and ratifying the final accounts of these budgets and referring
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 and administration of money and
credit.
(h) Supervising all the
public utilities, official and quasi-official organizations and public
sector organizations.
(i) Directing and
controlling
the work of Ministries and public organizations and coordinating them.
(j) Conducting
negotiations
and concluding agreements and international treaties.
(k) Accepting the
diplomatic
and international representatives in Iraq and demanding their
withdrawal.
(l) Appointing and
accrediting
the Iraqi diplomatic representatives in Arab and foreign 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 his deputies.
Article 58Control Vice-Presidents of the
Republic
and Ministers are responsible for their functions before the President
of the Republic. He has the right to bring any of them to trial
according
to the rules of Constitution, for functional errors committed by him,
for
exploiting the authority, or for misusing it. Article 59Oath Vice-President of the
Republic
and Ministers take the following oath before the President of the
Republic,
before assuming the responsibilities of their functions:chanroblesvirtuallawlibrary
"I swear by God
Almighty,
by my honor and by my faith to preserve the Republican system, to
commit
myself to its Constitution and laws, to look after the independence of
the Country, its security and territorial integrity, and to do my best
earnestly and sincerely to realize the objectives of the People."
Section IVThe JudiciaryArticle 60Independence,
Recourse (a) The judiciary is
independent
and is subject to no other authority save that of 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, and dismissal of
judges
and magistrates. Article 61Prosecution The law determines the
posts
of public prosecution, its agencies and conditions for the appointment
of the attorneys general, their deputies, rules of their transfer,
promotion,
litigation, and dismissal. Chapter VGeneral ProvisionsArticle 62Revolutionary
Command
Council Office (a) To be member of the
Revolutionary Command Council or Vice-President of the Republic 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 and Vice-Presidents of the
Republic and Ministers, during their term of office, to pursue any
private
professional or commercial work or to buy any State property or to sell
or exchange with the State any of their own properties. Article 63Permanent
Constitution (a) The rules of this
Constitution
are enforced till the Permanent Constitution is promulgated.
(b) This Constitution
cannot
be modified except by the Revolutionary Command Council and by a
two-thirds
majority of its members. Article 64Publication of Laws (a) Laws are published in
the Official Gazette and are put into force, effective the date of
publication,
unless otherwise stipulated.
(b) Laws have no
retroactive
effect, unless otherwise stipulated. This exception does not include
penal
laws, tax laws, and fiscal fees. Article 65In the Name of The
People This Interim Constitution
and all laws and judiciary judgements are promulgated and put into
force,
in the name of the People. Article 66Continuity of Laws All laws and decisions of
the Revolutionary Command Council, enacted prior to the promulgation of
this Constitution, shall remain in force and cannot be modified or
abolished
except in accordance with the procedures prescribed in this
Constitution. Article 67Promulgation and
Publication The President of the
Revolutionary
Command Council undertakes promulgating this Constitution and
publishing
it in the Official Gazette.
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