The Constitution of the Republic of Iraq ( Kurdish: دەستووری عێراق) is the fundamental law of Iraq. The first constitution came into force in 1925. The current constitution was adopted on 18 September 2005 by the Transitional National Assembly of Iraq,Sara B. Moller (2005), Low Intensity Conflict and Nation-Building in Iraq: A Chronology and confirmed by constitutional referendum, held on 15 October 2005.Jonathan Morrow (2005): Iraq’s Constitutional Process II: An Opportunity Lost It was published on 28 December 2005 in the Official Gazette of Iraq (No. 4012), in Arabic original, and thus came into force. An official translation into English for international use was produced in cooperation between Iraqi state authorities and the United Nations' Office for Constitutional Support.UN WIPO: Iraqi Constitution (2005) in English translationThe ACE Electoral Knowledge Network: Iraqi Constitution (2005) Since 2006, several proposals for adoption of various constitutional amendments were initiated. The Kurdish language is official at state level.
History Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation in 1925 and remained in effect until the 1958 revolution established a republic. Interim constitutions were adopted in 1958, 1964, 1968, and 1970, the last remaining in effect de jure until the Transitional Administrative Law was adopted in 2003 after the fall of Saddam Hussein. In 1990, a draft constitution was prepared but never promulgated due to the onset of the Gulf War.
The current constitution was approved by a referendum that took place on 15 October 2005. The constitution was drafted in 2005 by members of the Iraqi Constitution Drafting Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (the "TAL"). The TAL was drafted between December 2003 and March 2004 by the Iraqi Governing Council, an appointed body that was selected by the Coalition Provisional Authority after the Iraq War and Occupation of Iraq by the United States and Coalition forces.
Under a compromise brokered before the referendum, it was agreed that the first parliament elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a referendum similar to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party agreed to back a Yes vote in the referendum that took place on 15 October 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
Electoral Commission officials said at a news conference that 78 percent of voters backed the charter and 21 percent opposed it. Of the 18 provinces, two recorded "No" votes greater than two thirds, one province short of a veto. A two-thirds rejection vote in three of the country's 18 provinces (of which three—Mosul, Anbar, and Salahaddin—are thought to include Sunni majorities) would have required the dissolution of the Assembly, fresh elections, and the recommencement of the entire drafting process. Turnout in the referendum was 63 percent, according to commission officials.
The drafting and adoption of the new Constitution was not without controversy, however, as sectarian tensions in Iraq figured heavily in the process. The chairman of the drafting committee, Humam Hamoudi, regularly made statements which were interpreted as meaning that there would be no compromises on Sunni demands.International Crisis Group, "Unmaking Iraq: A Constitutional Process Gone Awry" ICG Middle East Policy Briefing 26 September 2005. The deadline for the conclusion of drafting was extended on four occasions because of the lack of consensus on religious language. In the end, only three of the 15 Sunni members of the drafting committee attended the signing ceremony, and none of them signed it. Sunni leaders were split as to whether to support the constitution. Saleh al-Mutlaq, the chief Sunni negotiator, urged followers of his Hewar Front to vote against it, but the biggest Sunni block, the Iraqi Accord Front did support the document after receiving promises that it would be reviewed and amended, taking into account their views. A Constitution Amendment Committee has been set up in this regard, but the progress has been slow. Notably, the same figure who chaired the drafting committee, Humam Hamoudi, is chairing the amendment committee as well.
Drafting and adoption
The Transitional National Assembly of Iraq, which was elected in January 2005 pursuant to the Coalition Provisional Authority's Transitional Administrative Law, appointed a Constitutional Committee for the purpose of preparing a draft constitution by 15 August 2005. The Committee was initially made up of 55 members, all of whom were drawn from the Transitional National Assembly, but its membership was eventually expanded beyond the Assembly's numbers, in order to allow representatives from the Sunni Arab community to participate (given that the latter had boycotted the elections that gave rise to the Transitional National Assembly).
According to the Transitional Administrative Law, the Constitutional Committee was obliged to complete its work by 15 August 2005, and for the draft to be submitted to a referendum by 15 October 2005. However, by the beginning of August 2005, all parties were in agreement that a final agreement on some of the Constitution's most important elements, including federalism, was still far from complete. As a result, the Committee was effectively dissolved and replaced by an ad hoc body (referred to as the "Leadership Council"), which was composed of approximately 6 members and which continued to negotiate the constitution's final terms until three days before the referendum date.
The first draft of the proposed constitution was presented to the Transitional National Assembly on Sunday 28 August 2005. It described the state as a "democratic, federal, representative republic" (art. 1) (however, the division of powers is to be deferred until the first parliament convenes), and a "multi-ethnic, multi-religious and multi-sect country" (art. 3). The draft was approved, but political negotiations continued, in order to reach a compromise that would also ensure the support of Sunni groups, thus leading to consequent revisions and redrafting of several articles.
On 18 September 2005, the Transitional National Assembly of Iraq approved and adopted the final constitutional draft, that was then put to the public. The Constitution was finally adopted on 15 October 2005, in a national referendum. The Constitution was published on 28 December 2005, in the Official Gazette of Iraq (No. 4012), in Arabic original, and thus came into force.
Since there were several unofficial translations of previous drafts and proposals, that were created earlier, during the summer of 2005, an official translation of the Constitution, for international use (in English language) was produced, in cooperation between state authorities Iraq and the United Nations' Office for Constitutional Support.
Proposed changes
Under a compromise brokered before the referendum, it was agreed that the first parliament that was to be elected pursuant to the new constitution would institute a Constitutional Review Committee with a view to determine whether the constitution should be amended. Any amendments agreed would have to be ratified by a similar referendum to the one that originally approved it. After this agreement was entered into, the Sunni-majority Iraqi Islamic Party agreed to back a Yes vote in the referendum that took place on 15 October 2005. The Constitutional Review Committee was constituted by the Iraqi parliament on 25 September 2006.
Overview Basic principles The Constitution sets out a multitude of basic assertions (unfortunately because of last minute changes to the constitution, most of the footnote references below to specific articles in the constitution are inaccurate):
The Republic of Iraq is a single, independent and fully sovereign state.Constitution of Iraq, Article 1 The system of government is a democratic, federal, representative, parliamentary republic. Islam is the state religion and a basic foundation for the country's laws,Constitution of Iraq, Article 2(1st) and no law may contradict the established provisions of Islam.Constitution of Iraq, Article 2(1st)(a) No law that contradicts the principles of democracy may be established.Constitution of Iraq, Article 2(1st)(b) No law that contradicts the rights and basic freedoms may be established.Constitution of Iraq, Article 2(1st)(c) The Islamic identity of the majority of the Iraqi people and the full religious rights for all individuals and the freedom of creed and religious practices is guaranteed.Constitution of Iraq, Article 2(2nd) Iraq is part of the Islamic world and is a founding and active member of the Arab League and is committed to its charter.Constitution of Iraq, Article 3 Iraq is a multiethnic, multi-religious and multi-sect country and Arabic and Kurdish are the official languages.Constitution of Iraq, Article 4(1st) Iraqis are guaranteed the right to educate their children in their mother tongues, such as Turkmen, Chaldean, and Assyrian, in government educational institutions, or any other language in private educational institutions, according to educational regulations. The Turkomen, Chaldean, and Assyrian languages will be official in the areas where they are located.Constitution of Iraq, Article 4(4th) Any region or province can take a local language as an additional official language if a majority of the population approves in a general referendum.Constitution of Iraq, Article 4(5th) Entities or trends may not advocate, instigate, justify or propagate racism, terrorism, "takfir" (declaring someone an infidel), or sectarian cleansing.Constitution of Iraq, Article 7(1st) The "Saddamist Ba'ath Party", regardless of the name that it adopts, is specifically banned. The country has a military and security services under the command of the civil authority, and will not interfere in politics, or be used in the transfer of authority.Constitution of Iraq, Article 9(1st)(a) Militias are prohibited.Constitution of Iraq, Article 9(1st)(b) Military officials may not hold office.Constitution of Iraq, Article 9(1st)(c) The constitution is the highest law of the land.Constitution of Iraq, Article 13(1st) No law may be passed that contradicts the constitution.Constitution of Iraq, Article 13(2nd)
Rights and freedoms