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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Constitution of Iraq
Record 349

Country :

Iraq

Agreement Title/Name:
Constitution of Iraq
Year :
2005
Date Signed :

15 October 2005

Summary :

more of a General Framework Agreement than a traditional legalistic constitution. The Constitution will sets forth a number of principles and themes that will guide the next Iraq Assembly, to be elected on Dec. 15, as it implements laws and regulations which find a proper place for Islam in a modern democratic state, protect human rights, especially those of women, and secure the autonomy of Kurdistan.

Does NOT provide for rotating presidencies, set-aside seats in parliament and the judiciary for specific ethnic groups, sectarian distribution of executive offices, or direct international participation in the governance of the state.


Parties :
The committee drafting the Consitution is headed by Dr. Hamam Hamoudi and includes secular and religious Shi'a and Sunni, the two major Kurdish groups, women representing both the conservative Islamic tradition and the more secular liberal tradition, Turkmen, and other minority groups.
Third Parties :
Statehood/Identity :
Art. 2. 1st Islam is the official religion of the state and basis of all law. 2nd the Constitution guarantees the full religious rights for all individuals and the freedom of creed and religious practices. Art.4 Arabic and Kurdish two official languages, but Iraqis guaranteed right to eduate their children and deal with govt institutions in their mother tongues. Art.7 entities or trends that advocate, institgate, justify or propagate racism, terrorism, 'takfir' (declaring someone an infidel), sectarian cleansing, are banned, esp the Baath Party in Iraq and its symbols; art. 39 freedom of religion; art. 40 the state guarantees freedom of worship and the protectio of its places. Art.43(2nd) state keen to advance Iriaqi tribes and clans and it cares abour their affairs in accordnace with religion, law and honourable human values and in a way that contributes to developing society and it forbids tribal customs that run contrary to human rights. Chapter 4. art. 107. the federal authority will maintain the unity of Iraq, its integrity, independence, sovereignty and its democratic federal system. Art. 150. Laws made in Kurdistan since 1992 remain in effect, and decisions made by the govt of the Kurdistan region- incl. contracts and court decisions- are effective unless they are voided or amended according to the laws of the Kurdistan region by the concerned body, as long as they are not against the constitution.
Governance/Democratic Inst :
Chapter 3. The Federal Authorities, Part One: The Legislative Authority- consisting of Council of Reps (lower house) and Council of Union (upper house), Part Two: Executive Authority, incl. President and Cabinet; Chatper 4. sets out the powers of the federal authorities; Chapter 5. Authorities of the Regions
Women :
preambular commitment to ?pay attention to women and their rights?, Art. 20. the equal right of men and women to participate in public matters and enjoy political rights, Art. 29(4th) prohibiting violence and abuse in the family; Art. 30(1st) guarantees social and health insurance, ?the basics for a free and honourable life for the individual and the family- especially children and women - and works to protect them from illiteracy, fear and poverty and provides them with housing and the means to rehabilitate and take care of them?. Art. 29 concerns the family (4th) violence and abuse in the family, school and society shall be forbidden.
Amnesty :
Not Applicable
Past Mechanism :
Transitional Arrangements. art. 144 the Supreme Iraqi Criminal Court will continue its activities as an independent judicial agency, looking into the crimes of the dictatorial regime and its leading figures. The Council of Reps can dissolve it by law once its work is finished. Art. 145. The National De-Baathification Committee will continue its work as an independent body in coordination with the judiciary and the exec authorities in the framework of law regulating its work. The committee is linked to the parl.
Prisoner Release :
Not Applicable
Victims :
art. 142. the state guarantees the welfare of political prisoners and those who were harmed by the practices of the former dictatorial regime. The state guarantees compensation to the families of martyrs and those who were wounded by terrorist acts.
Criminal Justice Reform :
Art. 19. the judiciary is independent, with no power above it other than the law; art. 85. judiciary is independent; 86. no authority can interfere with them. 87. federal judiciary; arts. 88 & 89 Supreme Judiciary Council to nominate judges for parliamentary approval, and arts.90-92. Supreme Federal Court; Arts. 130-31 judicial authorities of the region
National Human Rights Inst :
Art. 100 provides for the Supreme Commission for Human Rights is an independent
Human Rights Framework :
Art. 9(e). Iraqi national intelligence service to operate according to human rights principles; Chapter 2. Rights and Freedoms, Part One: Civil and Political Rights (arts. 14-21); Second: Economic, Social and Cultural Rights (arts. 22-34); Part Two: Freedoms (arts. 35-45). Art. 44. guarantees rights in intl HR agreements and treaties endorsed by Iraq that don't run contrary to the rules and principles of this constitution.
Judicial Reform :
Art. 19. the judiciary is independent, with no power above it other than the law; art. 85. judiciary is independent; 86. no authority can interfere with them. 87. federal judiciary; arts. 88 & 89 Supreme Judiciary Council to nominate judges for parliamentary approval, and arts.90-92. Supreme Federal Court; Arts. 130-31 judicial authorities of the region
Policing :
Not Applicable
Refugees/Land :
art. 146. the Property Claims Agency will continue its operation as an independent body in coordination with judicial authorities and executive bodies in accordance with the law, and it is linked to the Council of Reps
Civil Society :
art. 37. guarantees freedom to establish and belong to political orgs and parties; art 43. state to foster civil society. This shall be regulated by law.
Dev& Socio-Economic Rights :
Art. 31 guarantees access to healthcare, Art. 34. right to free education; art. 109 oil and gas is the property of all the Iraqi people in all the regions and provinces.
Enforcement Mechanism :
art. 153. the constitution comes into effect after its approval by the people in a universal referendum
International Community :
UN Involvement :
Source :
BBC website


Database hosted on INCORE webservice.

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