Thursday, October 13, 2005

Iraqi Constitution; read it and weep...for Democracy and their blood and ours

Text of Proposed Iraqi Constitution 

By The Associated Press

10/13/05 


SECTION SIX: FINAL AND TRANSITIONAL PROVISIONS

CHAPTER ONE: FINAL PROVISIONS


Article 122:

First: The President of the Republic and the Council of the Ministers collectively or one-fifth (1/5) of the Council of Representatives members may propose to amend the Constitution.

Second: The fundamental principles mentioned in Section One and the rights and liberties mentioned in Section Two of the Constitution may not be amended except after two successive electoral terms, with the approval of two-thirds of the Council of Representatives members, and the approval of the people in a general referendum and the ratification of the President of the Republic within seven days.

Third: Other Articles not stipulated in clause "Second" of this Article may not be amended, except with the approval of two-thirds of the Council of Representatives members and with the approval of the people in a general referendum and the ratification of the President of the Republic within seven days.

Fourth: Articles of the constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal authorities except by the consent of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum.

Fifth:

A. The amendment is considered ratified by the President of the Republic after the expiration of the period stipulated in clauses "Second" and "Third" of this Article in case he does not ratify it.

B. An amendment shall enter into force on the date of its publication in the Official Gazette.

Article 123:

The President of the Republic, the Prime Minister, members of the Council of Ministers, the Speaker of the Council of Representatives, his two Deputies and members of the Council of Representatives, members of the Judicial Authority and people of the special grades may not use their influence to buy or rent any of the State properties, or to rent or sell any of their assets to the State, or to sue the State for it or to conclude a contract with the State under the pretense of being building contractors, suppliers or concessionaires.

Article 124:

The laws and judicial judgments shall be issued in the name of the people.

Article 125:

Laws shall be published in the Official Gazette and shall take effect on the date of its publication, unless stipulated otherwise.

Article 126:

Existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this constitution. 

Article 127: 

Every referendum mentioned in this constitution is valid with the approval of a simple majority of the voters unless otherwise stipulated. 

CHAPTER TWO: TRANSITIONAL PROVISIONS 

Article 128: 

First: The State guarantee care for political prisoners and victims of the oppressive practices of the defunct dictatorial regime. 

Second: The State guarantees compensation to the families of the martyrs and those injured due to terrorist acts. 

Third: A law shall regulate matters mentioned in clauses "First" and "Second" of this Article. 

Article 129: 

The Council of Representatives shall adopt in its first session the bylaws of the Transitional National Assembly until it adopts its own bylaws. 

Article 130: 

The Iraq High Criminal Court shall continue its duties as an independent judicial body, in examining the crimes of the defunct dictatorial regime and its symbols. The Council of Representatives shall have the right to dissolve by law the Iraqi High Criminal Court after the completion of its work. 

Article 131: 

First: The High Commission for De-Ba'athification shall continue its functions as an independent commission, and in coordination with the Judicial Authority and the Executive institutions within the framework of the laws regulating its functions. The Commission shall be attached to the Council of Representatives. 

Second: The Council of Representatives shall have the right to dissolve this Commission after the completion of its function by absolute majority. 

Third: The nominee to the Position of the President of the Republic, the Prime Minister and the members of the Ministers Council, the Speaker and the members of the Council of Representatives, the President and members of the Federation Council, the corresponding positions in the regions, members of the Judicial committees and other positions included in the De-Ba'athification pursuant to the law may not be subject to De-Ba'athification judgments. 

Fourth: The conditions stated in clause "Third" of this article shall remain in force unless the commission provided for in clause "First" of this article is dissolved. 

(Fifth: Membership in the defunct Ba'ath party alone is not considered a sufficient basis for transfer to the courts, and a member enjoys equality before the law and its protection, as long as he is not subject to the rulings of the De-Ba'athification Commission and its bylaws.) 

(Sixth: The Council of Representatives will form a parliamentary committee from its members to oversee and review the executive activities of the Supreme De-Ba'athification Commission and state agencies to guarantee justice, objectivity and transparency, and to examine its accordance with the law. The committee's decisions will be subject to agreement by the Council of Representatives.) 

Article 132: 

First: The Property Claims Commission shall continue its functions as an independent commission in coordination with the Judicial authority and the Executive institutions in accordance with the law. The Property Claims Commission shall be attached to the Council of Representatives. 

Second: The Council of Representatives shall have the right to dissolve the Commission by a two-thirds majority vote of its members. 

Article 133: 

Application of the provisions of the articles related to the Federation Council, wherever it may be cited in this Constitution, shall be postponed until the Council of Representatives issues a decision by a two-thirds majority vote in its second electoral term that is held after this Constitution comes into force. 

Article 134: 

First: The expression "the Presidency Council" shall replace the expression "the President of the Republic" wherever it is mentioned in this Constitution. The provisions related to the President of the Republic shall be reactivated one successive term after this Constitution comes into force. 

Second: 

A. The Council of Representatives shall elect the President of the State and two Vice Presidents who shall form a Council called "the Presidency Council," which shall be elected by one list and with a two-thirds majority. 

B. The provisions to remove the President of the Republic present in this constitution shall apply to the President and members of the Presidency Council. 

C. The Council of Representatives may remove a member of the Presidency Council with a three-fourths majority of its members for reasons of incompetence and dishonesty. 

D. In the event of a vacant seat in the Presidency Council, the Council of Representatives shall elect a replacement by a two-thirds majority vote of its members. 

Third: The members of the Presidency Council shall be subject to the same conditions as members of the Council of Representatives and must also: 

A. Have completed forty years of age. 

B. Enjoy good reputation, integrity and uprightness. 

C. Have quit the defunct Party ten years prior to its fall, in case he was a member of the dissolved Baath Party. 

D. Have not participated in suppressing the 1991 uprising and the Anfal campaign. He must not have committed a crime against the Iraqi people. 

Fourth: The Presidency Council shall issue its decisions unanimously and a member may delegate his place to any of the other members. 

Fifth: 

A. Legislation and decisions enacted by the Council of representatives shall be forwarded to the Presidency Council to approve it unanimously and to issue it within ten days from the date of delivery to the Presidency Council, except the stipulations of Articles (114) and (115) that pertain to the formation of regions. 

B. In the event the Presidency Council does not approve, legislation and decisions shall be sent back to the Council of Representatives to re-examine the disputed issues and to vote on by the majority of its members and then shall be sent for the second time to the Presidency Council for approval. 

C. In the event the Presidency Council does not approve the legislation and decisions for the second time within ten days of receipt, the legislation and decisions are sent back to the Council of Representatives who have the right to adopt it by a three-fifths non-appealable majority vote and shall be considered ratified. 

Sixth: The Presidency Council shall practice the powers of the President of the Republic stipulated in this Constitution. 

Article 135: 

The Prime Minister shall have two deputies in the first electoral cycle. 

Article 136: 

First: The Executive Authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law. 

Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this constitution, provided that it completes (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), in a period not to exceed (the thirty first of December two thousand and seven). 

Article 137: 

Legislation enacted in the region of Kurdistan since 1992 shall remain in force, and decisions issued by the government of the region of Kurdistan - including court decisions and agreements - shall be considered valid unless it is amended or annulled pursuant to the laws of the region of Kurdistan by the competent entity in the region, provided that they do not contradict with the constitution. 

(First: At the start of its functioning, the Council of Representatives shall form a committee from its members, which will be representative of the main components of Iraqi society and the duty of which will be to present within a period no longer than four months to the Council of Representatives a report that includes recommendations for the necessary amendments that can be made to the Constitution. The committee will be dissolved after a decision is made on its proposals. 

Second: The amendments proposed by the committee will be put before the Council of Representatives in a single batch for approval. It will be considered approved by the agreement of an absolute majority of the number of council members. 

Third: The articles amended by the Council of Representatives under the second clause of this article will be put before the people for a referendum within two months of the Council of Representatives' approval of them. 

Fourth: The referendum on the amended articles will be considered successful with the agreement by an absolute majority of those who vote, unless it is rejected by two-thirds of those who vote in three governorates or more. 

Fifth: This is an exception to Article 122 of this Constitution which concerns amending the constitution. After the amendments discussed in this article are decided on, work will return to the terms of Article 122.) 

Article 138: 

The Transitional Administrative Law and its Annex shall be annulled on the seating of the new government, except for the stipulation of Article 53(A) and Article 58 of the Transitional Administrative Law. 

Article 139: 

This Constitution shall come into force after the approval of the people thereon in a general referendum, its publication in the Official Gazette and the seating of the government that is formed pursuant to this constitution.

Copyright © 2005 The Associated Press.

 

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Information Clearing House has no affiliation whatsoever with the originator of this article nor is Information Clearing House endorsed or sponsored by the originator.)

 

 

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