(thing) by mr100percent Sat Aug 27 2005 at 5:18:52
Continued from Constitution of Iraq: Chapters III-IV.
Back to Chapter 1

CST Approved

CHAPTER FIVE: AUTHORITIES OF THE REGIONS

PART ONE: REGIONS

Article (113): The federal system in the republic of Iraq is made up of the capital, regions, decentralized provinces, and local administrations.

Article (114):

  1. This constitution, when implemented, shall endorse the region of Kurdistan and its existing power as a federal region.
  2. This constitution shall endorse the new regions that will be established according to the provisions of the constitution.
Article (115): The Council of Representatives shall pass a law that fixes the executive procedures relating to establishing regions by simple majority in a period that does not exceed six months from the date of the first session.

Article (116): Every province or more has the right to establish a region based on a request for a referendum to be submitted in one of the following ways:
  1. a request from one-third of the members in each of the provincial councils in the provinces that wish to establish a region.
  2. a request from 1/10 (one-tenth) of the voters in each of the provinces that wish to establish a region.
Article (117): The region writes a constitution for itself, defines the structure of the region's powers and its authorities as well as the mechanism of using these powers in a way that does not run contrary to the constitution.

Article (118):
  1. The governments of regions have the right to practice legislative, executive and judicial powers according to this constitution, except in what is listed as exclusive powers of the federal authorities.
  2. The regional authority has the right to amend the implementation of the federal law in the region in the case of a contradiction between the federal and regional laws in matters that do not pertain to the exclusive powers of the federal authorities.
  3. A fair share of the revenues collected federally is designated to regions, in a way that suffices their duties and responsibilities, taking into consideration the (region's) resources, needs amd the percentage of the population in it.
  4. Offices for regions and provinces are to be established in embassies and diplomatic missions to follow up on cultural, social and local development affairs.
  5. The regional government shall be in charge of all that's required for administering the region, especially establishing and regulating internal security forces for the region such as police, security and guards for the region.

PART TWO: PROVINCES NOT ORGANIZED INTO A REGION

Article (119):

  1. Provinces consist of districts, counties and villages.
  2. Provinces that were not included into a region are given extensive administrative and financial authorities to enable them to self-manage according to the principal of administrative decentralization, and this is regulated by law.
  3. The provincial governor, who is elected by the provincial council, is considered the highest executive president of the province to carry out the responsibilities designated to him by the council.
  4. The election of the provincial council, the governor and their authorities will be regulated by law.
  5. The provincial council is not subject to the domination or the supervision of any ministry or any party unrelated to a ministry, and it has its independent finances.
Article (120): It is permissible to delegate the federal government's authorities to the provinces or vice versa, with the two parties' approval, and this is regulated by law.

PART THREE: THE CAPITAL

Article (121): Baghdad with its administrative boundaries is the capital of the republic of Iraq, and it consists of the province of Baghdad with its administrative boundaries, and its status is regulated through a law and it is not permissible for the capital to join a region..

PART FOUR: LOCAL ADMINISTRATIONS

Article (122): This constitution guarantees the administrative, political, cultural, educational rights for the various ethnicities such as Turkomen, Chaldeans, Assyrians, and the other components, and this is regulated by law.

CHAPTER SIX: FINAL AND TRANSITIONAL GUIDELINES

FIRST: FINAL GUIDELINES

Article (123):

  1. The president of the republic and the Cabinet together, or one- fifth of the members of the Council of Representatives, can suggest amending the constitution.
  2. The basic principles of the constitution mentioned in Chapter One of this constitution and the rights and freedoms mentioned in Chapter Two of this constitution cannot be amended, except after two consecutive parliament cycles and based on the consent of two-thirds of the members of the Council of Representatives, a public referendum and the endorsement of the president of the republic within seven days.
  3. Other items not covered by the 2nd clause of this article can only amended by two-thirds of the members of the Council of Representatives, the consent of the people in a general referendum and the endorsement of the president within seven days.
  4. No amendment is allowed that lessens the powers of the regions that are not among the exclusive powers of the federal authority, except with the agreement of the legislative council of the concerned region and the consent of a majority of its population in a general referendum.
    1. An amendment is considered endorsed by the president of the republic after the expiry of the period mentioned in the 2nd and 3rd clauses in this article in case of his failure to endorse it.
    2. An amendment is considered in effect upon the date of its publication in the official gazette.
Article (124): It is not permitted for the president of the republic, the Prime Minister and Cabinet, the president of the Council of Representatives and its members and delegates, members of the judicial authority and holders of special positions to use their influence to buy or rent anything from the finances of the state or to sell or rent to the state anything from their own finances or to bring suit against the state over these things or to strike contracts with the state in their capacity as concessionairies, importers or contractors.

Article (125) : Laws and judicial rulings are issued in the name of the people.

Article (126): Laws are published in the official gazette, and are in effect from the publishing date as long as it is not legislated otherwise.

Article (127): Legislation remains in effect as long as it is not nullified or amended in accordance to the rules of this constitution.

Article (128): Every referendum mentioned in this constitution is passed by a simple majority unless mentioned otherwise.

SECOND: TRANSITIONAL GUIDELINES

Article (129):
  1. The state guarantees the welfare of political prisoners and those who were harmed by the practices of the former dictatorial regime.
  2. The state guarantees compensation to the families of martyrs and those who were wounded by terrorist acts.
  3. What is provided for in these first and second clauses will be regulated by law.
Article (130): The Council of Representatives shall observe in its first session on the internal organization of the Transitional National Assembly until its own internal organization is decided.

Article (131): 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 Representatives can dissolve it by law once its work is finished.

Article (132):
  1. The National De-Baathification Committee will continue its work as an independent body in coordination with the judiciary and the executive authorities in the framework of law regulating its work. The committee is linked to the Parliament.
  2. The Council of Representatives can dissolve the committee after it finishes its work by absolute majority.
  3. It is a condition upon candidates for the positions of president of the republic, Prime Minister, ministers, parliament speaker and parliament members, head of the Federal Council and its members and all similar posts in the regions, and members of the judiciary and other posts included under de-Baathification, that they not be included under the provisions of de-Baathification.
  4. The condition mentioned in the 3rd clause of this article will remain in effect until it is abolished by law.
Article (133):
  1. The Property Claims Agency will continue its operations 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 Representatives.
  2. The Council of Representatives can dissolve the agency by a two-thirds majority.
Article (134): Rules in articles concerning the Council of Union wherever they appear in this constitution will not come into effect until a decision is reached by the Council of Representatives, with a two-thirds majority, in its second cycle following the enactment of this constitution.

Article (135):
  1. The phrase "Presidential Council" replaces the phrase "President of the Republic" wherever it appears in this constitution, and regulations concerning the president of the republic will come into effect after one session following the enactment of this constitution.
    1. The Council of Representatives will elect a President for the nation and two deputies for him to form a council called the Presidential Council. It will be elected in one list with a two-thirds majority.
    2. The rules for removing the President of the republic in this constitution apply to the president and members of the Presidential Council.
    3. The Council of Representatives can remove any member of the Presidential Council for reasons of lack of competence or integrity with a three-quarters majority vote by its members.
    4. If any position in the Presidential Council should come empty, the Council of Representatives shall elect a replacement by a two-thirds majority.
  3. Members of the Presidential Council must meet the same conditions as those for a member of the Council of Representatives, that they must:
    1. have reached 40 years of age.
    2. possess a good reputation, integrity and uprightness.
    3. have left the dissolved party at least 10 years before its fall if they were members in it.
    4. not have participated in the repression of the 1991 Uprising or the Anfal Campaign or have committed any crime against the Iraqi people.
  4. The Presidential Council must take its decisions unanimously, and any member can delegate his position to one of the other two members.

    1. Laws and resolutions passed by the Council of Representatives are sent to the Presidential Council for approval by unanimity, to be issued within 10 days of the date of their arrival at the council, with the exception of what has been mentioned in Articles 115 and 116 concerning establishing regions.
    2. If the Presidential Council does not approve, the laws and resolutions are returned to the Council of Representatives to examine the aspects that were objected to and to vote on them once more by majority, whereupon they are sent again to the Presidential Council for approval.
    3. If the Presidential Council does not approve the laws or resolutions again with 10 days of their arrival, they are returned to the Council of Representatives which can adopt them by a three-fifths majority of its members. This cannot be opposed and it is considered approved.
  6. The Presidential Council practices the powers provided for the president of the republic.
Article (136):
  1. The executive authority will take the necessary steps to complete implementation of the requirements of Article (58) of the Transitional Administration Law for the Iraqi State, with all its clauses.
  2. The responsibilities placed on the executive authority provided for in Article 58 of the Transitional Administration Law for the Iraqi State are extended to and will continue for the executive authority elected according to this constitution until the completion of (normalization, census, ending with a census in Kirkuk and other disputed areas to determine the will of the people) in a period no longer than 12/31/2007.
Article (137): Laws legislated in Kurdistan since 1992 remain in effect, and decisions made by the government of the Kurdistan region -- including 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.

Article (138): The Transitional Administration Law for the Iraqi State and its appendix are voided upon creation of the new government, except for what appears in paragraph (a) of Article 53 and Article 58 of the Transitional Administration Law.

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