Preamble
The people of Iraq, striving to
reclaim their freedom, which was usurped by the previous
tyrannical regime, rejecting violence and coercion in all their
forms, and particularly when used as instruments of governance,
have determined that they shall hereafter remain a free people
governed under the rule of law.
These people, affirming today
their respect for international law, especially having been
amongst the founders of the United Nations, working to reclaim
their legitimate place among nations, have endeavoured at the same
time to preserve the unity of their homeland in a spirit of
fraternity and solidarity in order to draw the features of the
future new Iraq, and to establish the mechanisms aiming, amongst
other aims, to erase the effects of racist and sectarian policies
and practices.
This Law is now established to
govern the affairs of Iraq during the transitional period until a
duly elected government, operating under a permanent and
legitimate constitution achieving full democracy, shall come into
being.
One
– Fundamental principles
Article 1.
(A) This Law shall be called the
"Law of Administration for the State of Iraq for the
Transitional Period," and the phrase "this Law"
wherever it appears in this legislation shall mean the "Law
of Administration for the State of Iraq for the Transitional
Period."
(B) Gender-specific language shall
apply equally to male and female.
(C) The Preamble to this Law is an
integral part of this Law.
Article 2.
(A) The term "transitional
period" shall refer to the period beginning on 30 June 2004
and lasting until the formation of an elected Iraqi government
pursuant to a permanent constitution as set forth in this Law,
which in any case shall be no later than 31 December 2005, unless
the provisions of Article 61 are applied.
(B) The transitional period shall
consist of two phases.
(1) The first phase shall begin
with the formation of a fully sovereign Iraqi Interim Government
that takes power on 30 June 2004.
This government shall be
constituted in accordance with a process of extensive
deliberations and consultations with cross-sections of the Iraqi
people conducted by the Governing Council and the Coalition
Provisional Authority and possibly in consultation with the United
Nations.
This government shall exercise
authority in accordance with this Law, including the fundamental
principles and rights specified herein, and with an annex that
shall be agreed upon and issued before the beginning of the
transitional period and that shall be an integral part of this
Law.
(2) The second phase shall begin
after the formation of the Iraqi Transitional Government, which
will take place after elections for the National Assembly have
been held as stipulated in this Law, provided that, if possible,
these elections are not delayed beyond 31 December 2004, and, in
any event, beyond 31 January 2005.
This second phase shall end upon
the formation of an Iraqi government pursuant to a permanent
constitution.
Article 3.
(A) This Law is the Supreme Law of
the land and shall be binding in all parts of Iraq without
exception.
No amendment to this Law may be
made except by a three-fourths majority of the members of the
National Assembly and the unanimous approval of the Presidency
Council.
Likewise, no amendment may be made
that could abridge in any way the rights of the Iraqi people cited
in Chapter Two; extend the transitional period beyond the
timeframe cited in this Law; delay the holding of elections to a
new assembly; reduce the powers of the regions or governorates; or
affect Islam, or any other religions or sects and their rites.
(B) Any legal provision that
conflicts with this Law is null and void.
(C) This Law shall cease to have
effect upon the formation of an elected government pursuant to a
permanent constitution.
Article 4.
The system of government in Iraq
shall be republican, federal, democratic, and pluralistic, and
powers shall be shared between the federal government and the
regional governments, governorates, municipalities, and local
administrations.
The federal system shall be based
upon geographic and historical realities and the separation of
powers, and not upon origin, race, ethnicity, nationality, or
confession.
Article 5.
The Iraqi Armed Forces shall be
subject to the civilian control of the Iraqi Transitional
Government, in accordance with the contents of Chapters Three and
Five of this Law.
Article 6.
The Iraqi Transitional Government
shall take effective steps to end the vestiges of the oppressive
acts of the previous regime arising from forced displacement,
deprivation of citizenship, expropriation of financial assets and
property, and dismissal from government employment for political,
racial, or sectarian reasons.
Article 7.
(A) Islam is the official religion
of the State and is to be considered a source of legislation.
No law that contradicts the
universally agreed tenets of Islam, the principles of democracy,
or the rights cited in Chapter Two of this Law may be enacted
during the transitional period.
This Law respects the Islamic
identity of the majority of the Iraqi people and guarantees the
full religious rights of all individuals to freedom of religious
belief and practice.
(B) Iraq is a country of many
nationalities, and the Arab people in Iraq are an inseparable part
of the Arab nation.
Article 8.
The flag, anthem, and emblem of
the State shall be fixed by law.
Article 9.
The Arabic language and the
Kurdish language are the two official languages of Iraq.
The right of Iraqis to educate
their children in their mother tongue, such as Turcoman, Syriac,
or Armenian, in government educational institutions in accordance
with educational guidelines, or in any other language in private
educational institutions, shall be guaranteed.
The scope of the term
"official language" and the means of applying the
provisions of this Article shall be defined by law and shall
include:
(1) Publication of the official
gazette, in the two languages;
(2) Speech and expression in
official settings, such as the National Assembly, the Council of
Ministers, courts, and official conferences, in either of the two
languages;
(3) Recognition and publication of
official documents and correspondence in the two languages;
(4) Opening schools that teach in
the two languages, in accordance with educational guidelines;
(5) Use of both languages in any
other settings enjoined by the principle of equality (such as bank
notes, passports, and stamps);
(6) Use of both languages in the
federal institutions and agencies in the Kurdistan region.
Two
– Fundamental rights
Article 10.
As an expression of the free will
and sovereignty of the Iraqi people, their representatives shall
form the governmental structures of the State of Iraq.
The Iraqi Transitional Government
and the governments of the regions, governorates, municipalities,
and local administrations shall respect the rights of the Iraqi
people, including those rights cited in this Chapter.
Article 11.
(A) Anyone who carries Iraqi
nationality shall be deemed an Iraqi citizen.
His citizenship shall grant him
all the rights and duties stipulated in this Law and shall be the
basis of his relation to the homeland and the State.
(B) No Iraqi may have his Iraqi
citizenship withdrawn or be exiled unless he is a naturalized
citizen who, in his application for citizenship, as established in
a court of law, made material falsifications on the basis of which
citizenship was granted.
(C) Each Iraqi shall have the
right to carry more than one citizenship.
Any Iraqi whose citizenship was
withdrawn because he acquired another citizenship shall be deemed
an Iraqi.
(D) Any Iraqi whose Iraqi
citizenship was withdrawn for political, religious, racial, or
sectarian reasons has the right to reclaim his Iraqi citizenship.
(E) Decision Number 666 (1980) of
the dissolved Revolutionary Command Council is annuled, and anyone
whose citizenship was withdrawn on the basis of this decree shall
be deemed an Iraqi.
(F) The National Assembly must
issue laws pertaining to citizenship and naturalization consistent
with the provisions of this Law
(G) The Courts shall examine all
disputes airising from the application of the provisions relating
to citizenship.
Article 12.
All Iraqis are equal in their
rights without regard to gender, sect, opinion, belief,
nationality, religion, or origin, and they are equal before the
law.
Discrimination against an Iraqi
citizen on the basis of his gender, nationality, religion, or
origin is prohibited.
Everyone has the right to life,
liberty, and the security of his person.
No one may be deprived of his life
or liberty, except in accordance with legal procedures.
All are equal before the courts.
Article 13.
(A) Public and private freedoms
shall be protected.
(B) The right of free expression
shall be protected.
(C) The right of free peaceable
assembly and the right to join associations freely, as well as the
right to form and join unions and political parties freely, in
accordance with the law, shall be guaranteed.
(D) Each Iraqi has the right of
free movement in all parts of Iraq and the right to travel abroad
and return freely.
(E) Each Iraqi has the right to
demonstrate and strike peaceably in accordance with the law.
(F) Each Iraqi has the right to
freedom of thought, conscience, and religious belief and practice.
Coercion in such matters shall be prohibited.
(G) Slavery, the slave trade,
forced labor, and involuntary servitude with or without pay, shall
be forbidden.
(H) Each Iraqi has the right to
privacy.
Article 14.
The individual has the right to
security, education, health care, and social security.
The Iraqi State and its
governmental units, including the federal government, the regions,
governorates, municipalities, and local administrations, within
the limits of their resources and with due regard to other vital
needs, shall strive to provide prosperity and employment
opportunities to the people.
Article 15.
(A) No civil law shall have
retroactive effect unless the law so stipulates.
There shall be neither a crime,
nor punishment, except by law in effect at the time the crime is
committed.
(B) Police, investigators, or
other governmental authorities may not violate the sanctity of
private residences, whether these authorities belong to the
federal or regional governments, governorates, municipalities, or
local administrations, unless a judge or investigating magistrate
has issued a search warrant in accordance with applicable law on
the basis of information provided by a sworn individual who knew
that bearing false witness would render him liable to punishment.
Extreme exigent circumstances, as
determined by a court of competent jurisdiction, may justify a
warrantless search, but such exigencies shall be narrowly
construed.
In the event that a warrantless
search is carried out in the absence of an extreme exigent
circumstance, the evidence so seized, and any other evidence found
derivatively from such search, shall be inadmissible in connection
with a criminal charge, unless the court determines that the
person who carried out the warrantless search believed reasonably
and in good faith that the search was in accordance with the law.
(C) No one may be unlawfully
arrested or detained, and no one may be detained by reason of
political or religious beliefs.
(D) All persons shall be
guaranteed the right to a fair and public hearing by an
independent and impartial tribunal, regardless of whether the
proceeding is civil or criminal. Notice of the proceeding and its
legal basis must be provided to the accused without delay.
(E) The accused is innocent until
proven guilty pursuant to law, and he likewise has the right to
engage independent and competent counsel, to remain silent in
response to questions addressed to him with no compulsion to
testify for any reason, to participate in preparing his defense,
and to summon and examine witnesses or to ask the judge to do so.
At the time a person is arrested, he must be notified of these
rights.
(F) The right to a fair, speedy,
and open trial shall be guaranteed.
(G) Every person deprived of his
liberty by arrest or detention shall have the right of recourse to
a court to determine the legality of his arrest or detention
without delay and to order his release if this occurred in an
illegal manner.
(H) After being found innocent of
a charge, an accused may not be tried once again on the same
charge.
(I) Civilians may not be tried
before a military tribunal. Special or exceptional courts may not
be established.
(J) Torture in all its forms,
physical or mental, shall be prohibited under all circumstances,
as shall be cruel, inhuman, or degrading treatment. No confession
made under compulsion, torture, or threat thereof shall be relied
upon or admitted into evidence for any reason in any proceeding,
whether criminal or otherwise.
Article 16.
(A) Public property is sacrosanct,
and its protection is the duty of every citizen.
(B) The right to private property
shall be protected, and no one may be prevented from disposing of
his property except within the limits of law.
No one shall be deprived of his
property except by eminent domain, in circumstances and in the
manner set forth in law, and on condition that he is paid just and
timely compensation.
(C) Each Iraqi citizen shall have
the full and unfettered right to own real property in all parts of
Iraq without restriction.
Article 17.
It shall not be permitted to
possess, bear, buy, or sell arms except on licensure issued in
accordance with the law.
Article 18.
There shall be no taxation or fee
except by law.
Article 19.
No political refugee who has been
granted asylum pursuant to applicable law may be surrendered or
returned forcibly to the country from which he fled.
Article 20.
(A) Every Iraqi who fulfills the
conditions stipulated in the electoral law has the right to stand
for election and cast his ballot secretly in free, open, fair,
competitive, and periodic elections.
(B) No Iraqi may be discriminated
against for purposes of voting in elections on the basis of
gender, religion, sect, race, belief, ethnic origin, language,
wealth, or literacy.
Article 21.
Neither the Iraqi Transitional
Government nor the governments and administrations of the regions,
governorates, and municipalities, nor local administrations may
interfere with the right of the Iraqi people to develop the
institutions of civil society, whether in cooperation with
international civil society organizations or otherwise.
Article 22.
If, in the course of his work, an
official of any government office, whether in the federal
government, the regional governments, the governorate and
municipal administrations, or the local administrations, deprives
an individual or a group of the rights guaranteed by this Law or
any other Iraqi laws in force, this individual or group shall have
the right to maintain a cause of action against that employee to
seek compensation for the damages caused by such deprivation, to
vindicate his rights, and to seek any other legal measure.
If the court decides that the
official had acted with a sufficient degree of good faith and in
the belief that his actions were consistent with the law, then he
is not required to pay compensation.
Article 23.
The enumeration of the foregoing
rights must not be interpreted to mean that they are the only
rights enjoyed by the Iraqi people.
They enjoy all the rights that
befit a free people possessed of their human dignity, including
the rights stipulated in international treaties and agreements,
other instruments of international law that Iraq has signed and to
which it has acceded, and others that are deemed binding upon it,
and in the law of nations.
Non-Iraqis within Iraq shall enjoy
all human rights not inconsistent with their status as
non-citizens.
Three
– The Iraqi Transitional Government
Article 24.
(A) The Iraqi Transitional
Government, which is also referred to in this Law as the federal
government, shall consist of the National Assembly; the Presidency
Council; the Council of Ministers, including the Prime Minister;
and the judicial authority.
(B) The three authorities,
legislative, executive, and judicial, shall be separate and
independent of one another.
(C) No official or employee of the
Iraqi Transitional Government shall enjoy immunity for criminal
acts committed while in office.
Article 25.
The Iraqi Transitional Government
shall have exclusive competence in the following matters:
(A) Formulating foreign policy and
diplomatic representation; negotiating, signing, and ratifying
international treaties and agreements; formulating foreign
economic and trade policy and sovereign debt policies;
(B) Formulating and executing
national security policy, including creating and maintaining armed
forces to secure, protect, and guarantee the security of the
country’s borders and to defend Iraq;
(C) Formulating fiscal policy,
issuing currency, regulating customs, regulating commercial policy
across regional and governorate boundaries in Iraq, drawing up the
national budget of the State, formulating monetary policy, and
establishing and administering a central bank;
(D) Regulating weights and
measures and formulating a general policy on wages;
(E) Managing the natural resources
of Iraq, which belongs to all the people of all the regions and
governorates of Iraq, in consultation with the governments of the
regions and the administrations of the governorates, and
distributing the revenues resulting from their sale through the
national budget in an equitable manner proportional to the
distribution of population throughout the country, and with due
regard for areas that were unjustly deprived of these revenues by
the previous regime, for dealing with their situations in a
positive way, for their needs, and for the degree of development
of the different areas of the country;
(F) Regulating Iraqi citizenship,
immigration, and asylum; and
(G) Regulating telecommunications
policy.
Article 26.
(A) Except as otherwise provided
in this Law, the laws in force in Iraq on 30 June 2004 shall
remain in effect unless and until rescinded or amended by the
Iraqi Transitional Government in accordance with this Law.
(B) Legislation issued by the
federal legislative authority shall supersede any other
legislation issued by any other legislative authority in the event
that they contradict each other, except as provided in Article
54(B).
(C) The laws, regulations, orders,
and directives issued by the Coalition Provisional Authority
pursuant to its authority under international law shall remain in
force until rescinded or amended by legislation duly enacted and
having the force of law.
Article 27.
(A) The Iraqi Armed Forces shall
consist of the active and reserve units, and elements thereof. The
purpose of these forces is the defense of Iraq.
(B) Armed forces and militias not
under the command structure of the Iraqi Transitional Government
are prohibited, except as provided by federal law.
(C) The Iraqi Armed Forces and its
personnel, including military personnel working in the Ministry of
Defense or any offices or organizations subordinate to it, may not
stand for election to political office, campaign for candidates,
or participate in other activities forbidden by Ministry of
Defense regulations.
This ban encompasses the
activities of the personnel mentioned above acting in their
personal or official capacities.
Nothing in this Article shall
infringe upon the right of these personnel to vote in elections.
(D) The Iraqi Intelligence Service
shall collect information, assess threats to national security,
and advise the Iraqi government.
This Service shall be under
civilian control, shall be subject to legislative oversight, and
shall operate pursuant to law and in accordance with recognized
principles of human rights.
(E) The Iraqi Transitional
Government shall respect and implement Iraq’s international
obligations regarding the non-proliferation, non-development,
non-production, and non-use of nuclear, chemical, and biological
weapons, and associated equipment, materiel, technologies, and
delivery systems for use in the development, manufacture,
production, and use of such weapons.
Article 28.
(A) Members of the National
Assembly; the Presidency Council; the Council of Ministers,
including the Prime Minister; and judges and justices of the
courts may not be appointed to any other position in or out of
government.
Any member of the National
Assembly who becomes a member of the Presidency Council or Council
of Ministers shall be deemed to have resigned his membership in
the National Assembly.
(B) In no event may a member of
the armed forces be a member of the National Assembly, minister,
Prime Minister, or member of the Presidency Council unless the
individual has resigned his commission or rank, or retired from
duty at least eighteen months prior to serving.
Article 29.
Upon the assumption of full
authority by the Iraqi Interim Government in accordance with
Article 2(B)(1), above, the Coalition Provisional Authority shall
be dissolved and the work of the Governing Council shall come to
an end.
Four
– The Transitional Legislative Authority
Article 30.
(A) During the transitional
period, the State of Iraq shall have a legislative authority known
as the National Assembly.
Its principal mission shall be to
legislate and exercise oversight over the work of the executive
authority.
(B) Laws shall be issued in the
name of the people of Iraq.
Laws, regulations, and directives
related to them shall be published in the official gazette and
shall take effect as of the date of their publication, unless they
stipulate otherwise.
(C) The National Assembly shall be
elected in accordance with an electoral law and a political
parties law.
The electoral law shall aim to
achieve the goal of having women constitute no less than
one-quarter of the members of the National Assembly and of having
fair representation for all communities in Iraq, including the
Turcomans, ChaldoAssyrians, and others.
(D) Elections for the National
Assembly shall take place by 31 December 2004 if possible, and in
any case no later than by 31 January 2005.
Article 31.
(A) The National Assembly shall
consist of 275 members. It shall enact a law dealing with the
replacement of its members in the event of resignation, removal,
or death.
(B) A nominee to the National
Assembly must fulfill the following conditions:
(1) He shall be an Iraqi no less
than 30 years of age.
(2) He shall not have been a
member of the dissolved Ba’ath Party with the rank of Division
Member or higher, unless exempted pursuant to the applicable
legal rules.
(3) If he was once a member of
the dissolved Ba’ath Party with the rank of Full Member, he
shall be required to sign a document renouncing the Ba’ath
Party and disavowing all of his past links with it before
becoming eligible to be a candidate, as well as to swear that he
no longer has any dealings or connection with Ba’ath Party
organizations. If it is established in court that he lied or
fabricated on this score, he shall lose his seat in the National
Assembly.
(4) He shall not have been a
member of the former agencies of repression and shall not have
contributed to or participated in the persecution of citizens.
(5) He shall not have enriched
himself in an illegitimate manner at the expense of the homeland
and public finance.
(6) He shall not have been
convicted of a crime involving moral turpitude and shall have a
good reputation.
(7) He shall have at least a
secondary school diploma, or equivalent
(8) He shall not be a member of
the armed forces at the time of his nomination.
Article 32.
(A) The National Assembly shall
draw up its own internal procedures, and it shall sit in public
session unless circumstances require otherwise, consistent with
its internal procedures.
The first session of the Assembly
shall be chaired by its oldest member.
(B) The National Assembly shall
elect, from its own members, a president and two deputy presidents
of the National Assembly.
The president of the National
Assembly shall be the individual who receives the greatest number
of votes for that office; the first deputy president the next
highest; and the second deputy president the next.
The president of the National
Assembly may vote on an issue, but may not participate in the
debates, unless he temporarily steps out of the chair immediately
prior to addressing the issue.
(C) A bill shall not be voted upon
by the National Assembly unless it has been read twice at a
regular session of the Assembly, on condition that at least two
days intervene between the two readings, and after the bill has
been placed on the agenda of the session at least four days prior
to the vote.
Article 33.
(A) Meetings of the National
Assembly shall be public, and transcripts of its meetings shall be
recorded and published.
The vote of every member of the
National Assembly shall be recorded and made public.
Decisions in the National Assembly
shall be taken by simple majority unless this Law stipulates
otherwise.
(B) The National Assembly must
examine bills proposed by the Council of Ministers, including
budget bills.
(C) Only the Council of Ministers
shall have the right to present a proposed national budget.
The National Assembly has the
right to reallocate proposed spending and to reduce the total
amounts in the general budget.
It also has the right to propose
an increase in the overall amount of expenditures to the Council
of Ministers if necessary.
(D) Members of the National
Assembly shall have the right to propose bills, consistent with
the internal procedures that drawn up by the Assembly.
(E) The Iraqi Armed Forces may not
be dispatched outside Iraq even for the purpose of defending
against foreign aggression except with the approval of the
National Assembly and upon the request of the Presidency Council.
(F) Only the National Assembly
shall have the power to ratify international treaties and
agreements.
(G) The oversight function
performed by the National Assembly and its committees shall
include the right of interpellation of executive officials,
including members of the Presidency Council, the Council of
Ministers, including the Prime Minister, and any less senior
official of the executive authority.
This shall encompass the right to
investigate, request information, and issue subpoenas for persons
to appear before them.
Article 34.
Each member of the National
Assembly shall enjoy immunity for statements made while the
Assembly is in session, and the member may not be sued before the
courts for such.
A member may not be placed under
arrest during a session of the National Assembly, unless the
member is accused of a crime and the National Assembly agrees to
lift his immunity or if he is caught in flagrante delicto in the
commission of a felony.
Five
– The Transitional Executive Authority
Article 35.
The executive authority during the
transitional period shall consist of the Presidency Council, the
Council of Ministers, and its presiding Prime Minister.
Article 36.
(A) The National Assembly shall
elect a President of the State and two Deputies.
They shall form the Presidency
Council, the function of which will be to represent the
sovereignty of Iraq and oversee the higher affairs of the country.
The election of the Presidency
Council shall take place on the basis of a single list and by a
two-thirds majority of the members’ votes.
The National Assembly has the
power to remove any member of the Presidency Council of the State
for incompetence or lack of integrity by a three-fourths majority
of its members’ votes.
In the event of a vacancy in the
Presidency Council, the National Assembly shall, by a vote of
two-thirds of its members, elect a replacement to fill the
vacancy.
(B) It is a prerequisite for a
member of the Presidency Council to fulfill the same conditions as
the members of the National Assembly, with the following
observations:
(1) He must be at least forty
years of age.
(2) He must possess a good
reputation, integrity, and rectitude.
(3) If he was a member of the
dissolved Ba’ath Party, he must have left the dissolved Party at
least ten years before its fall.
(4) He must not have participated
in repressing the intifada of 1991 or the Anfal campaign and must
not have committed a crime against the Iraqi people.
(C) The Presidency Council shall
take its decisions unanimously, and its members may not deputize
others as proxies.
Article 37.
The Presidency Council may veto
any legislation passed by the National Assembly, on condition that
this be done within fifteen days after the Presidency Council is
notified by the president of the National Assembly of the passage
of such legislation.
In the event of a veto, the
legislation shall be returned to the National Assembly, which has
the right to pass the legislation again by a two-thirds majority
not subject to veto within a period not to exceed thirty days.
Article 38.
(A) The Presidency Council shall
name a Prime Minister unanimously, as well as the members of the
Council of Ministers upon the recommendation of the Prime
Minister.
The Prime Minister and Council of
Ministers shall then seek to obtain a vote of confidence by simple
majority from the National Assembly prior to commencing their work
as a government.
The Presidency Council must agree
on a candidate for the post of Prime Minister within two weeks.
In the event that it fails to do
so, the responsibility of naming the Prime Minister reverts to the
National Assembly.
In that event, the National
Assembly must confirm the nomination by a two-thirds majority.
If the Prime Minister is unable to
nominate his Council of Ministers within one month, the Presidency
Council shall name another Prime Minister.
(B) The qualifications for Prime
Minister must be the same as for the members of the Presidency
Council except that his age must not be less than 35 years upon
his taking office.
Article 39.
(A) The Council of Ministers
shall, with the approval of the Presidency Council, appoint
representatives to negotiate the conclusion of international
treaties and agreements.
The Presidency Council shall
recommend passage of a law by the National Assembly to ratify such
treaties and agreements.
(B) The Presidency Council shall
carry out the function of commander-in-chief of the Iraqi Armed
Forces only for ceremonial and protocol purposes.
It shall have no command
authority.
It shall have the right to be
briefed, to inquire, and to advise.
Operationally, national command
authority on military matters shall flow from the Prime Minister
to the Minister of Defense to the military chain of command of the
Iraqi Armed Forces.
(C) The Presidency Council shall,
as more fully set forth in Chapter Six, below, appoint, upon
recommendation of the Higher Juridical Council, the Presiding
Judge and members of the Federal Supreme Court.
(D) The Council of Ministers shall
appoint the Director-General of the Iraqi National Intelligence
Service, as well as officers of the Iraqi Armed Forces at the rank
of general or above.
Such appointments shall be subject
to confirmation by the National Assembly by simple majority of
those of its members present.
Article 40.
(A) The Prime Minister and the
ministers shall be responsible before the National Assembly, and
this Assembly shall have the right to withdraw its confidence
either in the Prime Minister or in the ministers collectively or
individually.
In the event that confidence in
the Prime Minister is withdrawn, the entire Council of Ministers
shall be dissolved, and Article 40(B), below, shall become
operative.
(B) In the event of a vote of no
confidence with respect to the entire Council of Ministers, the
Prime Minister and Council of Ministers shall remain in office to
carry out their functions for a period not to exceed thirty days,
until the formation of a new Council of Ministers, consistent with
Article 38, above.
Article 41.
The Prime Minister shall have
day-to-day responsibility for the management of the government,
and he may dismiss ministers with the approval of an simple
majority of the National Assembly.
The Presidency Council may, upon
the recommendation of the Commission on Public Integrity after the
exercise of due process, dismiss the Prime Minister or the
ministers.
Article 42.
The Council of Ministers shall
draw up rules of procedure for its work and issue the regulations
and directives necessary to enforce the laws.
It also has the right to propose
bills to the National Assembly.
Each ministry has the right,
within its competence, to nominate deputy ministers, ambassadors,
and other employees of special grade.
After the Council of Ministers
approves these nominations, they shall be submitted to the
Presidency Council for ratification.
All decisions of the Council of
Ministers shall be taken by simple majority of those of its
members present.
Six
– The Federal Judicial Authority
Article 43.
(A) The judiciary is independent,
and it shall in no way be administered by the executive authority,
including the Ministry of Justice.
The judiciary shall enjoy
exclusive competence to determine the innocence or guilt of the
accused pursuant to law, without interference from the legislative
or executive authorities.
(B) All judges sitting in their
respective courts as of 1 July 2004 will continue in office
thereafter, unless removed from office pursuant to this Law.
(C) The National Assembly shall
establish an independent and adequate budget for the judiciary.
(D) Federal courts shall
adjudicate matters that arise from the application of federal
laws. The establishment of these courts shall be within the
exclusive competence of the federal government.
The establishment of these courts
in the regions shall be in consultation with the presidents of the
judicial councils in the regions, and priority in appointing or
transferring judges to these courts shall be given to judges
resident in the region.
Article 44.
(A) A court called the Federal
Supreme Court shall be constituted by law in Iraq.
(B) The jurisdiction of the
Federal Supreme Court shall be as follows:
(1) Original and exclusive
jurisdiction in legal proceedings between the Iraqi Transitional
Government and the regional governments, governorate and municipal
administrations, and local administrations.
(2) Original and exclusive
jurisdiction, on the basis of a complaint from a claimant or a
referral from another court, to review claims that a law,
regulation, or directive issued by the federal or regional
governments, the governorate or municipal administrations, or
local administrations is inconsistent with this Law.
(3) Ordinary appellate
jurisdiction of the Federal Supreme Court shall be defined by
federal law.
(C) Should the Federal Supreme
Court rule that a challenged law, regulation, directive, or
measure is inconsistent with this Law, it shall be deemed null and
void.
(D) The Federal Supreme Court
shall create and publish regulations regarding the procedures
required to bring claims and to permit attorneys to practice
before it.
It shall take its decisions by
simple majority, except decisions with regard to the proceedings
stipulated in Article 44(B)(1), which must be by a two-thirds
majority.
Decisions shall be binding.
The Court shall have full powers
to enforce its decisions, including the power to issue citations
for contempt of court and the measures that flow from this.
(E) The Federal Supreme Court
shall consist of nine members.
The Higher Juridical Council
shall, in consultation with the regional judicial councils,
initially nominate no less than eighteen and up to twenty-seven
individuals to fill the initial vacancies in the aforementioned
Court.
It will follow the same procedure
thereafter, nominating three members for each subsequent vacancy
that occurs by reason of death, resignation, or removal.
The Presidency Council shall
appoint the members of this Court and name one of them as its
Presiding Judge.
In the event an appointment is
rejected, the Higher Juridical Council shall nominate a new group
of three candidates.
Article 45.
A Higher Juridical Council shall
be established and assume the role of the Council of Judges.
The Higher Juridical Council shall
supervise the federal judiciary and shall administer its budget.
This Council shall be composed of
the Presiding Judge of the Federal Supreme Court, the presiding
judge and deputy presiding judges of the federal Court of
Cassation, the presiding judges of the federal Courts of Appeal,
and the presiding judge and two deputy presiding judges of each
regional court of cassation.
The Presiding Judge of the Federal
Supreme Court shall preside over the Higher Juridical Council.
In his absence, the presiding
judge of the federal Court of Cassation shall preside over the
Council.
Article 46.
(A) The federal judicial branch
shall include existing courts outside the Kurdistan region,
including courts of first instance; the Central Criminal Court of
Iraq; Courts of Appeal; and the Court of Cassation, which shall be
the court of last resort except as provided in Article 44 of this
Law.
Additional federal courts may be
established by law.
The appointment of judges for
these courts shall be made by the Higher Juridical Council.
This Law preserves the
qualifications necessary for the appointment of judges, as defined
by law.
(B) The decisions of regional and
local courts, including the courts of the Kurdistan region, shall
be final, but shall be subject to review by the federal judiciary
if they conflict with this Law or any federal law.
Procedures for such review shall
be defined by law.
Article 47.
No judge or member of the Higher
Juridical Council may be removed unless he is convicted of a crime
involving moral turpitude or corruption or suffers permanent
incapacity.
Removal shall be on the
recommendation of the Higher Juridical Council, by a decision of
the Council of Ministers, and with the approval of the Presidency
Council.
Removal shall be executed
immediately after issuance of this approval.
A judge who has been accused of
such a crime as cited above shall be suspended from his work in
the judiciary until such time as the case arising from what is
cited in this Article is adjudicated.
No judge may have his salary
reduced or suspended for any reason during his period of service.
Seven
– The Special Tribunal and National Commissions
Article 48.
(A) The statute establishing the
Iraqi Special Tribunal issued on 10 December 2003 is confirmed.
That statute exclusively defines
its jurisdiction and procedures, notwithstanding the provisions of
this Law.
(B) No other court shall have
jurisdiction to examine cases within the competence of the Iraqi
Special Tribunal, except to the extent provided by its founding
statute.
(C) The judges of the Iraqi
Special Tribunal shall be appointed in accordance with the
provisions of its founding statute.
Article 49.
(A) The establishment of national
commissions such as the Commission on Public Integrity, the Iraqi
Property Claims Commission, and the Higher National De-Ba’athification
Commission is confirmed, as is the establishment of commissions
formed after this Law has gone into effect.
The members of these national
commissions shall continue to serve after this Law has gone into
effect, taking into account the contents of Article 51, below.
(B) The method of appointment to
the national commissions shall be in accordance with law.
Article 50.
The Iraqi Transitional Government
shall establish a National Commission for Human Rights for the
purpose of executing the commitments relative to the rights set
forth in this Law and to examine complaints pertaining to
violations of human rights.
The Commission shall be
established in accordance with the Paris Principles issued by the
United Nations on the responsibilities of national institutions.
This Commission shall include an
Office of the Ombudsman to inquire into complaints.
This office shall have the power
to investigate, on its own initiative or on the basis of a
complaint submitted to it, any allegation that the conduct of the
governmental authorities is arbitrary or contrary to law.
Article 51.
No member of the Iraqi Special
Tribunal or of any commission established by the federal
government may be employed in any other capacity in or out of
government.
This prohibition is valid without
limitation, whether it be within the executive, legislative, or
judicial authority of the Iraqi Transitional Government.
Members of the Special Tribunal
may, however, suspend their employment in other agencies while
they serve on the aforementioned Tribunal.
Eight
– Regions, governorates and municipalities
Article 52.
The design of the federal system
in Iraq shall be established in such a way as to prevent the
concentration of power in the federal government that allowed the
continuation of decades of tyranny and oppression under the
previous regime.
This system shall encourage the
exercise of local authority by local officials in every region and
governorate, thereby creating a united Iraq in which every citizen
actively participates in governmental affairs, secure in his
rights and free of domination.
Article 53.
(A) The Kurdistan Regional
Government is recognized as the official government of the
territories that were administered by the that government on 19
March 2003 in the governorates of Dohuk, Arbil, Sulaimaniya,
Kirkuk, Diyala and Neneveh.
The term "Kurdistan Regional
Government" shall refer to the Kurdistan National Assembly,
the Kurdistan Council of Ministers, and the regional judicial
authority in the Kurdistan region.
(B) The boundaries of the eighteen
governorates shall remain without change during the transitional
period.
(C) Any group of no more than
three governorates outside the Kurdistan region, with the
exception of Baghdad and Kirkuk, shall have the right to form
regions from amongst themselves.
The mechanisms for forming such
regions may be proposed by the Iraqi Interim Government, and shall
be presented and considered by the elected National Assembly for
enactment into law.
In addition to being approved by
the National Assembly, any legislation proposing the formation of
a particular region must be approved in a referendum of the people
of the relevant governorates.
(D) This Law shall guarantee the
administrative, cultural, and political rights of the Turcomans,
ChaldoAssyrians, and all other citizens.
Article 54.
(A) The Kurdistan Regional
Government shall continue to perform its current functions
throughout the transitional period, except with regard to those
issues which fall within the exclusive competence of the federal
government as specified in this Law.
Financing for these functions
shall come from the federal government, consistent with current
practice and in accordance with Article 25(E) of this Law.
The Kurdistan Regional Government
shall retain regional control over police forces and internal
security, and it will have the right to impose taxes and fees
within the Kurdistan region.
(B) With regard to the application
of federal laws in the Kurdistan region, the Kurdistan National
Assembly shall be permitted to amend the application of any such
law within the Kurdistan region, but only to the extent that this
relates to matters that are not within the provisions of Articles
25 and 43(D) of this Law and that fall within the exclusive
competence of the federal government.
Article 55.
(A) Each governorate shall have
the right to form a Governorate Council, name a Governor, and form
municipal and local councils.
No member of any regional
government, governor, or member of any governorate, municipal, or
local council may be dismissed by the federal government or any
official thereof, except upon conviction of a crime by a court of
competent jurisdiction as provided by law.
No regional government may dismiss
a Governor or member or members of any governorate, municipal, or
local council.
No Governor or member of any
Governorate, municipal, or local council shall be subject to the
control of the federal government except to the extent that the
matter relates to the competences set forth in Article 25 and
43(D), above.
(B) Each Governor and member of
each Governorate Council who holds office as of 1 July 2004, in
accordance with the law on local government that shall be issued,
shall remain in place until such time as free, direct, and full
elections, conducted pursuant to law, are held, or, unless, prior
to that time, he voluntarily gives up his position, is removed
upon his conviction for a crime involving moral turpitude or
related to corruption, or upon being stricken with permanent
incapacity, or is dismissed in accordance with the law cited
above.
When a governor, mayor, or member
of a council is dismissed, the relevant council may receive
applications from any eligible resident of the governorate to fill
the position.
Eligibility requirements shall be
the same as those set forth in Article 31 for membership in the
National Assembly.
The new candidate must receive a
majority vote of the council to assume the vacant seat.
Article 56.
(A) The Governorate Councils shall
assist the federal government in the coordination of federal
ministry operations within the governorate, including the review
of annual ministry plans and budgets with regard to activities in
the governorate.
Governorate Councils shall be
funded from the general budget of the State, and these Councils
shall also have the authority to increase their revenues
independently by imposing taxes and fees; to organize the
operations of the Governorate administration; to initiate and
implement province-level projects alone or in partnership with
international, and non-governmental organizations; and to conduct
other activities insofar as is consistent with federal laws.
(B) The Qada’ and Nahiya
councils and other relevant councils shall assist in the
performance of federal responsibilities and the delivery of public
services by reviewing local ministry plans in the afore-mentioned
places; ensuring that they respond properly to local needs and
interests; identifying local budgetary requirements through the
national budgeting procedures; and collecting and retaining local
revenues, taxes, and fees; organizing the operations of the local
administration; initiating and implementing local projects alone
or in conjunction with international, and non-governmental
organizations; and conducting other activities consistent with
applicable law.
(C) Where practicable, the federal
government shall take measures to devolve additional functions to
local, governorate, and regional administrations, in a methodical
way.
Regional units and governorate
administrations, including the Kurdistan Regional Government,
shall be organized on the basis of the principle of
de-centralization and the devolution of authorities to municipal
and local governments.
Article 57.
(A) All authorities not
exclusively reserved to the Iraqi Transitional Government may be
exercised by the regional governments and governorates as soon as
possible following the establishment of appropriate governmental
institutions.
(B) Elections for governorate
councils throughout Iraq and for the Kurdistan National Assembly
shall be held at the same time as the elections for the National
Assembly, no later than 31 January 2005.
Article 58.
(A) The Iraqi Transitional
Government, and especially the Iraqi Property Claims Commission
and other relevant bodies, shall act expeditiously to take
measures to remedy the injustice caused by the previous regime’s
practices in altering the demographic character of certain
regions, including Kirkuk, by deporting and expelling individuals
from their places of residence, forcing migration in and out of
the region, settling individuals alien to the region, depriving
the inhabitants of work, and correcting nationality.
To remedy this injustice, the
Iraqi Transitional Government shall take the following steps:
(1) With regard to residents who
were deported, expelled, or who emigrated; it shall, in accordance
with the statute of the Iraqi Property Claims Commission and other
measures within the law, within a reasonable period of time,
restore the residents to their homes and property, or, where this
is unfeasible, shall provide just compensation.
(2) With regard to the individuals
newly introduced to specific regions and territories, it shall act
in accordance with Article 10 of the Iraqi Property Claims
Commission statute to ensure that such individuals may be
resettled, may receive compensation from the state, may receive
new land from the state near their residence in the governorate
from which they came, or may receive compensation for the cost of
moving to such areas.
(3) With regard to persons
deprived of employment or other means of support in order to force
migration out of their regions and territories, it shall promote
new employment opportunities in the regions and territories.
(4) With regard to nationality
correction, it shall repeal all relevant decrees and shall permit
affected persons the right to determine their own national
identity and ethnic affiliation free from coercion and duress.
(B) The previous regime also
manipulated and changed administrative boundaries for political
ends.
The Presidency Council of the
Iraqi Transitional Government shall make recommendations to the
National Assembly on remedying these unjust changes in the
permanent constitution.
In the event the Presidency
Council is unable to agree unanimously on a set of
recommendations, it shall unanimously appoint a neutral arbitrator
to examine the issue and make recommendations.
In the event the Presidency
Council is unable to agree on an arbitrator, it shall request the
Secretary General of the United Nations to appoint a distinguished
international person to be the arbitrator.
(C) The permanent resolution of
disputed territories, including Kirkuk, shall be deferred until
after these measures are completed, a fair and transparent census
has been conducted and the permanent constitution has been
ratified
This resolution shall be
consistent with the principle of justice, taking into account the
will of the people of those territories.
Nine
– The Transitional Period
Article 59.
(A) The permanent constitution
shall contain guarantees to ensure that the Iraqi Armed Forces are
never again used to terrorize or oppress the people of Iraq.
(B) Consistent with Iraq’s
status as a sovereign state, and with its desire to join other
nations in helping to maintain peace and security and fight
terrorism during the transitional period, the Iraqi Armed Forces
will be a principal partner in the multi-national force operating
in Iraq under unified command pursuant to the provisions of United
Nations Security Council Resolution 1511 (2003) and any subsequent
relevant resolutions.
This arrangement shall last until
the ratification of a permanent constitution and the election of a
new government pursuant to that new constitution.
(C) Upon its assumption of
authority, and consistent with Iraq’s status as a sovereign
state, the elected Iraqi Transitional Government shall have the
authority to conclude binding international agreements regarding
the activities of the multi-national force operating in Iraq under
unified command pursuant to the terms of United Nations Security
Council Resolution 1511 (2003), and any subsequent relevant United
Nations Security Council resolutions.
Nothing in this Law shall affect
rights and obligations under these agreements, or under United
Nations Security Council Resolution 1511 (2003), and any
subsequent relevant United Nations Security Council resolutions,
which will govern the multi-national force’s activities pending
the entry into force of these agreements.
Article 60.
The National Assembly shall write
a draft of the permanent constitution of Iraq.
This Assembly shall carry out this
responsibility in part by encouraging debate on the constitution
through regular general public meetings in all parts of Iraq and
through the media, and receiving proposals from the citizens of
Iraq as it writes the constitution.
Article 61.
(A) The National Assembly shall
write the draft of the permanent constitution by no later than 15
August 2005.
(B) The draft permanent
constitution shall be presented to the Iraqi people for approval
in a general referendum to be held no later than 15 October 2005.
In the period leading up to the
referendum, the draft constitution shall be published and widely
distributed to encourage a public debate about it among the
people.
(C) The general referendum will be
successful and the draft constitution ratified if a majority of
the voters in Iraq approve and if two-thirds of the voters in
three or more governorates do not reject it.
(D) If the permanent constitution
is approved in the referendum, elections for a permanent
government shall be held no later than 15 December 2005 and the
new government shall assume office no later than 31 December 2005.
(E) If the referendum rejects the
draft permanent constitution, the National Assembly shall be
dissolved.
Elections for a new National
Assembly shall be held no later than 15 December 2005.
The new National Assembly and new
Iraqi Transitional Government shall then assume office no later
than 31 December 2005, and shall continue to operate under this
Law, except that the final deadlines for preparing a new draft may
be changed to make it possible to draft a permanent constitution
within a period not to exceed one year.
The new National Assembly shall be
entrusted with writing another draft permanent constitution.
(F) If necessary, the president of
the National Assembly, with the agreement of a majority of the
members’ votes, may certify to the Presidency Council no later
than 1 August 2005 that there is a need for additional time to
complete the writing of the draft constitution.
The Presidency Council shall then
extend the deadline for writing the draft constitution for only
six months. This deadline may not be extended again.
(G) If the National Assembly does
not complete writing the draft permanent constitution by 15 August
2005 and does not request extension of the deadline in Article
61(D) above, the provisions of Article 61(E), above, shall be
applied.
Article 62.
This law shall remain in effect
until the permanent constitution is issued and the new Iraqi
government is formed in accordance with it. |
