{ Adopted on: 8 March 2004 }
{ ICL Document Status: 8 March 2004 }
{ Official Title: Law of Administration for the State of Iraq for the Transitional
Period }
{ Editor's Note:
The ICL edition is based on the text published by the Coalition
Provisional Authority (CPA). Paragraph numbers and chapter titles
are part of the original text. Article titles and internal references
have been added for the purpose of this edition. }
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 endeavored 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.
Article 1 [The Document]
(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 [Transitional Period]
(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 [Supreme Law]
(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 [Form of State]
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 [Iraqi Armed Forces]
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 [Acts of the Previous Regime]
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 [State Religion, Freedom of Religion, Arab
Nation]
(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 9 [Official Languages]
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.
Article 10 [Respect by Government]
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 [Citizenship]
(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 [Equality, Life, Liberty, Personal Security]
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 [Expression, Assembly, Association, Movement,
Religion, Privacy]
(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 [Security, Education, Health, Social Security]
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 [Rule of Law, Search, Seizure, Arrest, Fair
Trial]
(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 [Property]
(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 [Licensed Arms]
It shall not be permitted to possess, bear, buy, or sell arms except on licensure
issued in accordance with the law.
Article 19 [Asylum]
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 [Electoral Rights]
(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 [Civil Society]
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 [Compensation]
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 [Other Rights, Rights of Foreigners]
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.
Article 24 [Federal Government]
(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 [Government Competences]
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 [Old Laws, CPA-Laws]
(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 [Iraqi Armed Forces]
(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 [Incompatibility]
(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 [Transfer of Powers]
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.
Article 30 [National Assembly, Elections]
(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 [Composition, Qualification]
(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 [Procedures, Publicity, President, Readings]
(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 [Publicity, Transparency, Majority, Budget,
Treaties, Interpellation, Investigation]
(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 [Indemnity, Immunity]
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.
Article 36 [Presidency Council, Impeachment, Qualification]
(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 [Veto]
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 [Prime Minister, Council of Ministers]
(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 [Competences]
(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 [Responsibility, Vote of No Confidence]
(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 [Prime Minister's Duties, Dismissal]
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 [Rules of Procedure, Legislative Initiative]
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.
Article 43 [Independence, Judicial Administration]
(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 [Federal Supreme Court]
(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 [Higher Juridical Council]
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 [Federal Judicial Branch, Courts of the Kurdistan
Region]
(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 [Immunity, Removal]
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.
Article 48 [Iraqi Special Tribunal]
(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 [National Commissions]
(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 [National Commission for Human Rights]
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 [Imcompatibility]
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.
Article 52 [General Principles]
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 [Kurdistan Regional Government]
(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 [Kurdish Regional Competences]
(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 [Regional Government]
(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 [Regional Competences]
(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 [Subsidiarity, Elections]
(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 [Steps to Remedy Injustice]
(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.
Article 59 [Armed Forces, UN Security Council Resolution]
(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 [Permanent Constitution]
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 [Deadlines]
(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 [Duration]
This law shall remain in effect until the permanent constitution is issued and
the new Iraqi government is formed in accordance with it.