{ Adopted: 1990 / Status: 1990 }
{ Superceded by: Iraq War & Interim Constitution
2004 }
Chapter I The Republic of Iraq
Article 1 [State Form]
Iraq is a Sovereign People's Democratic Republic. Its basic
objective is the realization of one Arab State and the build-up of
the socialist system.
Article 2 [Authority]
The people are the source of authority and its legitimacy.
Article 3 [Sovereignty, Territory]
(a) The sovereignty of Iraq is an indivisible entity.
(b) The territory of Iraq is an indivisible entity of which no part
can be ceded.
Article 4 [State Religion]
Islam is the religion of the State.
Article 5 [Nationalities]
(a) Iraq is a part of the Arab Nation.
(b) The Iraqi People are composed of two principal
nationalisms: the Arab Nationalism and the Kurdish
Nationalism.
(c) This Constitution acknowledges the national rights of the
Kurdish People and the legitimate rights of all minorities within
the Iraqi unity.
Article 6 [Iraqi Nationality]
The Iraqi nationality is regulated by the law.
Article 7 [Languages]
(a) Arabic is the official language.
(b) The Kurdish language is official, besides Arabic, in the
Kurdish Region.
Article 8 [Capital, Decentralization]
(a) Baghdad is the Capital of the Iraqi Republic, and it can be
transferred by law.
(b) The Iraqi Republic is divided into administrative units
Article 9 [Flag, Emblem]
The Flag of the Iraqi Republic, its Emblem, and stipulations
concerning the two, are regulated by law.
Republic
Article 10 [Social Solidarity]
The social solidarity is the first foundation for the Society. Its
essence is that every citizen accomplishes his duty in full, and
that the Society guarantees the citizen's rights and liberties
Article 11 [Family, Mothers, Children]
The family is the nucleus of the Society. The State secures its
protection and support, and ensures maternal and child care.
Article 12 [Economy, Arab Unity]
The State assumes the responsibility for planning, directing and
steering the national economy for the purpose of:
(a) Establishing the socialist system on scientific and
revolutionary foundations.
(b) Realizing the economic Arab unity.
Article 13 [Public Property and Planning]
National resources and basic means of production are owned by
the People. They are directly invested by the Central Authority
in the Iraqi Republic, according to exigencies of the general
planning of the national economy.
Article 14 [Cooperation]
The State secures, encourages, and supports all types of
cooperation in production, distribution, and consumption.
Article 15 [Public Property]
Public ownership and properties of the Public Sector are
inviolable. The State and all People are responsible for
safeguarding, securing, and protecting it. Any sabotage to it or
aggression against it, is considered as sabotage and aggression
against the entity of the Society.
Article 16 [Ownership, Private Property]
(a) Ownership is a social function, to be exercised within the
objectives of the Society and the plans of the State, according to
stipulations of the law.
(b) Private ownership
(c) Private property is not expropriated except for
considerations of public interest and for just compensation in
accordance with the law.
(d) The maximum limit of agricultural property is prescribed by
the law; the surplus is owned by the People.
Article 17 [Inheritance]
Inheritance is a guaranteed right, regulated by the law.
Article 18 [Foreigners' Property]
Immobile ownership is prohibited for non-Iraqi, except
otherwise mentioned by a law.
Article 19 [Equality]
(a) Citizens are equal before the law
(b) Equal opportunities are guaranteed to all citizens, according
to the law.
Article 20 [Criminal Trial]
(a) An accused is presumed to be innocent, until proved guilty
at a legal trial.
(b) The right of defense is sacred, in all stages of proceedings
and prosecution.
(c) Courts sessions are public, unless it becomes secret by a
court's decision.
Article 21 [Penalty, Punishment]
(a) Penalty is personal.
(b) There can be no crime, nor punishment, except in
conformity with the law. No penalty shall be imposed, except
for acts punishable by the law, while they are committed. A
severer penalty than that prescribed by the law, when the act
was committed, cannot be inflicted.
Article 22 [Dignity, Personal Integrity, Arrest, Home]
(a) The dignity of man is safeguarded. It is inadmissible to
cause any physical or psychological harm.
(b) It is inadmissible to arrest a person, to stop him, to
imprison him or to search him, except in accordance with the
rules of the law.
(c) Homes have their sanctity. It is inadmissible to enter or
search them, except in accordance with the rules of the law.
Article 23 [Communication]
The secrecy of means of communications by mail, telegrams,
and telephones is guaranteed. It is inadmissible to disclose it,
except for considerations of justice and security, in accordance
with the rules prescribed by the law.
Article 24 [Right to Move]
It is inadmissible to prevent the citizen from the departure from
the Country or returning to it, nor to restrict his moves or resi-
dence in the Country, except in cases laid down by the law.
Article 25 [Religion]
Freedom of religion
Article 26 [Expression, Association]
The Constitution guarantees freedom of opinion, publication
Article 27 [Education]
(a) The State undertakes the struggle against illiteracy and
guarantees the right of education, free of charge, in its primary,
secondary, and university stages, for all citizens.
(b) The State strives to make the primary education
compulsory, to expand vocational and technical education in
cities and rural areas, and to encourage particularly night
education which enables the popular masses to combine science
and work.
(c) The State guarantees the freedom of scientific research,
encourages and rewards excellence and initiative in all mental,
scientific, and artistic activities and all aspects of popular
excellence.
Article 28 [Educational Goals]
Education has the objective of raising and developing the
general educational level, promoting scientific thinking,
animating the research spirit, responding to exigencies of
economic and social evolution and development programs,
creating a national, liberal and progressive generation, strong
physically and morally, proud of his people, his homeland and
heritage, aware of all his national rights, and who struggles
against the capitalistic ideology, exploitation, reaction, zionism,
and imperialism for the purpose of realizing the Arab unity,
liberty, and socialism.
Article 29 [Progress]
The State undertakes to make available, the means of enjoying
the achievements of modernization, by the popular masses and
to generalize the progressive accomplishments of contemporary
civilization on all citizens.
Article 30 [Public Office]
(a) Public office is a sacred confidence and a social service; its
essence is the honest and conscious obligation to the interests of
the masses, their rights and liberties, in accordance with the
rules of the constitution and the laws.
(b) Equality in the appointment for public offices is guaranteed
by the law.
Article 31 [Armed Forces]
(a) The defense of the homeland is a sacred duty and honor for
the citizens; conscription is compulsory and regulated by the
law.
(b) Armed Forces
(c) The State alone establishes the Armed Forces. No other
organization or group, is entitled to establish military or
para-military formations.
Article 32 [Right, Honor, and Duty to Work]
(a) Work is a right, which is ensured to be available for every
able citizen.
(b) Work is an honor and a sacred duty for every able citizen,
and is indispensable by the necessity to participate in building
the society, protecting it, and realizing its evolution and
prosperity.
(c) The State undertakes to improve the conditions of work, and
raise the standard of living, experience, and culture for all
working citizens.
(d) The State undertakes to provide the largest scale of social
securities for all citizens, in cases of sickness, disability,
unemployment, or aging.
(e) The State undertakes to elaborate the plan to secure the
means necessary, to enable the working citizens to pass their
vacations in an atmosphere, which enables them to improve
their health standard, and to promote their cultural and artistic
talents.
Article 33 [Health]
The State assumes the responsibility to safeguard the public
health by continually expanding free medical services, in
protection, treatment, and medicine, within the scope of cities
and rural areas.
Article 34 [Right to Asylum]
(a) The Iraqi Republic grants the right of political asylum for all
militants, persecuted in their countries because of defending the
liberal and human principles which are assumed by the Iraqi
People in this Constitution.
(b) The extradition of political refugees is prohibited.
Article 35 [Taxes]
Payment of taxes is the duty of every citizen. Taxes cannot be
imposed, nor modified, nor levied, except by a law.
Article 36 [Prohibited Activity]
It is prohibited to exercise any activity against the objectives of
the People, stipulated in this Constitution. Every act or
behavior, having for purpose to crumble the national unity of
the popular masses or to provoke racial, sectarian, or regional
discrimination among them, or to be hostile to their gains and
progressive achievements.
Section I The Revolutionary Command Council
Article 37 [Supreme Institution]
The Revolutionary Command Council
Article 38 [Competencies]
The Revolutionary Command Council exercises the following
competencies by a two-third majority of its members:
(a) Electing a President from its members, called President of
the Revolutionary Council, who is President of the Republic.
(b) Electing a Vice-President from its members, called
Vice-President of the Revolutionary Command Council, who
replaces the President, as qualified in the preceding paragraph,
in case of his official absence or in case of the impossibility of
exercising his constitutional competencies or any legitimate
reason.
(c) Selecting new members for the Council, from members of
the Regional Leadership of the Socialist Arab Ba'ath Party, not
to exceed twelve members.
(d) Taking a decision concerning the resignation of the
President, and Vice-President or any of the Council's members.
(e) Relieving any member of the Council's membership.
(f) Accusing and prosecuting members of the Revolutionary
Command Council, Vice-Presidents, and Ministers.
Article 39 [Oath]
The President of the Revolutionary Command Council, the
Vice-President and the members take the following oath before
the Council:
"I swear by God Almighty, by my honor and by my faith to
preserve the Republican system, to commit myself to its
Constitution and laws, to look after the independence of the
Country, its security and territorial integrity and to do my best
earnestly and sincerely to realize the objectives of the Arab
Nation for Unity, Freedom and Socialism."
Article 40 [Immunity]
The President of the Revolutionary Command Council, the
Vice-President, and the members enjoy full immunity. No
measures can be taken against any of them without a priori
permission of the Council.
Article 41
(a) The President, the Vice-President, or one third of the
members can call a meeting of the Revolutionary Command
Council. Meetings held are presided by the President or the
Vice-President and are attended by the majority of the
members.
(b) Meetings and debates of the Revolutionary Command
Council are closed. Disclosing it, invokes constitutional
responsibility before the Council. Decisions of the Council are
declared, published and communicated by the means specified
in this Constitution.
(c) Laws and decisions are ratified in the Council by the
majority of its members, except otherwise stipulated by the
Constitution.
Article 42 [General Competencies]
The Revolutionary Command Council exercises the following
competencies:
(a) Issuing laws and decrees having the force of the law.
(b) Issuing decisions indispensable for applying the rules of the
enacted laws.
Article 43 [Majority Competencies]
The Revolutionary Command Council excises the following
competencies by the majority its members:
(a) Ratifying matters of the Ministry of Defense and Public
Security, elaborating the laws and taking the decisions in
whatever concerns them from the point of view of organization
and competencies.
(b) Declaring the public mobilization totally or partially,
declaring the war, accepting the truce, and concluding the
peace.
(c) Ratifying the draft general budget
(d) Ratifying treaties and international agreements.
(e) Elaborating its internal rules of procedure, determining its
competencies, ratifying its budget, appointing its officials,
determining rewards and remunerations of the President, the
Vice-President, its members and officials.
(f) Elaborating the rules regarding the prosecution of its
members, concerning the formation of the court and the
procedures to be followed in it.
(g) Vesting its President or the Vice-President with some of his
competencies prescribed in this Constitution, except legislative
competencies.
Article 44 [Presidential Competencies]
The President of the Revolutionary Command Council
undertakes:
(a) Presiding over the meetings of the Council, representing it,
controlling its sessions, and issuing orders for expenditure.
(b) Signing all laws and decisions issued by the Council and
publishing them in the Official Gazette.
(c) Supervising the activities of Ministries and organizations in
the State, calling Ministers to discuss matters concerning their
Ministries and questioning them in case of necessity, and notify-
ing the Revolutionary Command Council regarding that.
Article 45 [Responsibility]
The President of the Revolutionary Command Council, the
Vice-President, and its members, each is responsible before the
Council, for violating the Constitution or for breaking the
constituencies of the constitutional oath, or for any action or
behavior, considered by the Council as disgracing the honor of
the responsibility which he assumes.
Section II The National Council
Article 46 [Composition]
The National Council
Article 47 [Sessions]
The National Council must be held in two ordinary sessions
every year. The President can call it for an extraordinary
meeting in case of necessity, and the meeting is restricted to
matters which necessitated calling the meeting. Sessions of the
National Council are held and dismissed by a decision of the
Revolutionary Command Council.
Article 48 [Publicity]
The meetings of the Council are public, unless it is decided that
some are to be held closed according to rules specified in its
law.
Article 49 [Indemnity]
(a) Members of the National Council are not censured for
opinions or suggestions expressed by them in the performance
of their task.
(b) No member of the Council can be pursed or arrested for a
crime committed during a meeting session without permission
of the Council, except in the case of flagrante delicto.
Article 50 [Organization]
The National Council undertakes:
(a) Elaborating its internal statute, determining its competencies,
deciding its budget, and appointing its employees. Rewards and
remunerations of its President and members are determined by
a law.
(b) Elaborating rules for accusing and prosecuting its members,
in case of committing one of the actions stipulated in Article
55 of this Constitution.
Article 51 [Command Council Bills]
(1) The National Council considers the draft laws
(2) If the Revolutionary Command Council insists upon its point
of view, in the second reading, it is returned to the National
Council, to be reviewed in a common meeting between the two
Councils; the decision taken by a two-thirds majority, is con-
sidered final.
Article 52 [Presidential Bills]
The National Council considers within fifteen days the draft
laws presented to it by the President of the Republic.
(1) If the Council rejects the draft, it is returned to the
President of the Republic with the reasons which justified the
rejection.
(2) If the Council approves the draft, it is sent to the
Revolutionary Command Council and becomes issuable after
that Council approves it.
(3) If the National Council modifies the draft, it is sent to the
Revolutionary Command Council and becomes issuable if that
Council approves it.
(4) But if the Revolutionary Command Council opposes to
modifying the draft, or if it makes another modification, it is
once again returned to the National Council within a week.
(5) If the National Council approves the point of view of the
evolutionary Command Council, it sends the draft to the
President of the Republic for promulgating it.
(6) But if the National Council insists, in the second reading,
upon its point of view, a common meeting of the two Councils
is held and the draft issued by two-thirds majority is considered
definite and is sent to the President of the Republic to be
promulgated.
Article 53 [National Council Bills]
The National Council considers the draft law presented by a
quarter of its members, in other than military, financial matters,
and public security affairs.
(1) If the Council approves the draft law, it is sent to the
Revolutionary Command Council to be considered within fifteen
days from its delivery to the Council's Office.
(2) If the Revolutionary Command Council approves it, the
draft is sent to the President of the Republic to be promulgated.
(3) If the Revolutionary Command Council rejects the draft, it
is returned to the National Council.
(4) If the Revolutionary Command Council modifies the draft, it
is returned to the National Council.
(5) If this latter insists upon its point of view, in the second
reading, a common meeting for the two Councils is held,
presided over by the President of the Revolutionary Command
Council or the Vice-President. The draft issued by two-thirds
majority is considered definite and is sent to the President of the
Republic to be promulgated.
Article 54 [Debate]
(a) Vice-Presidents of the Republic, Ministers, and those at
their rank, have the right to attend the meetings of the National
Council and to participate in its debates.
(b) The National Council, with a permission of the President of
the Republic, has the right to call Ministers for the purpose of
clarification or investigation.
Article 55 [Responsibility]
The President of the National Council and every member of it,
is responsible before the Council for violating the Constitution
or for breaking the constituencies of the constitutional oath or
for any action or behavior, considered by the National Council
as disgracing the honor of the responsibility which he assumes.
Section III President of the Republic
Article 56 [Head of State, Supreme Command]
(a) The President of the Republic is the Head of the State
(b) The President of the Republic issues the decrees necessary
for exercising his competencies stipulated in this Constitution.
Article 57 [Competencies]
The President of the Republic exercises the following
competencies:
(a) Preserving the independence of the Country, its territorial
integrity, safeguarding its internal and external security, and
protecting the rights and liberties of all citizens.
(b) Declaring the state of total and partial emergency and
ending it according to the law.
(c) Appointing the Vice-Presidents of the Republic and relieving
them of their posts.
(d) Appointing the governors, the judges, and all civil and
military State employees, promoting them, terminating their
services, placing them on disponibility, and granting badges of
honor and military grades, according to the law.
(e) Elaborating the draft general State budget, the independent
and investment budgets annexed to it, and ratifying the final
accounts of these budgets and referring them to the National
Council to discuss them.
(f) Preparing the general plan of the State in all economic and
social affairs, elaborated by competent Ministries and referring
it to the National Council.
(g) Contracting and granting loans, supervising the organization
and administration of money and credit.
(h) Supervising all the public utilities, official and quasi-official
organizations and public sector organizations.
(i) Directing and controlling the work of Ministries and public
organizations and coordinating them.
(j) Conducting negotiations and concluding agreements and
international treaties.
(k) Accepting the diplomatic and international representatives in
Iraq and demanding their withdrawal.
(l) Appointing and accrediting the Iraqi diplomatic
representatives in Arab and foreign Capitals and in international
conferences and organizations.
(m) Issuing special amnesty and ratifying judgements of capital
punishment.
(n) Supervising the good enforcement of the Constitution, the
laws, decisions, judicial judgements, and developmental plans in
all parts of the Iraqi Republic.
(o) Conferring some of his constitutional competencies to one
or more of his deputies.
Article 58 [Control]
Vice-Presidents of the Republic and Ministers are responsible
for their functions before the President of the Republic. He has
the right to bring any of them to trial according to the rules of
Constitution, for functional errors committed by him, for
exploiting the authority, or for misusing it.
Article 59 [Oath]
Vice-President of the Republic and Ministers take the following
oath before the President of the Republic, before assuming the
responsibilities of their functions:
"I swear by God Almighty, by my honor and by my faith to
preserve the Republican system, to commit myself to its
Constitution and laws, to look after the independence of the
Country, its security and territorial integrity, and to do my best
earnestly and sincerely to realize the objectives of the People."
Article 60 [Independence, Recourse]
(a) The judiciary is independent
(b) The right of litigation is ensured to all citizens.
(c) The law determines the way of court
Article 61 [Prosecution]
The law determines the posts of public prosecution, its agencies
and conditions for the appointment of the attorneys general,
their deputies, rules of their transfer, promotion, litigation, and
dismissal.
Article 62 [Recolutionary Command Council Office]
(a) To be member of the Revolutionary Command Council or
Vice-President of the Republic or Minister, a person must be
Iraqi by birth, born of two Iraqi parents, by birth also.
(b) It is inadmissible for Members of the Revolutionary
Command Council and Vice-Presidents of the Republic and
Ministers, during their term of office, to pursue any private
professional or commercial work or to buy any State property
or to sell or exchange with the State any of their own
properties.
Article 63 [Permanent Constitution]
(a) The rules of this Constitution are enforced till the Permanent
Constitution is promulgated.
(b) This Constitution cannot be modified except by the
Revolutionary Command Council and by a two-thirds majority
of its members.
Article 64 [Publication of Laws]
(a) Laws are published in the Official Gazette and are put into
force, effective the date of publication, unless otherwise
stipulated.
(b) Laws have no retroactive effect, unless otherwise stipulated.
This exception does not include penal laws, tax laws, and fiscal
fees.
Article 65 [In the Name of The People]
This Interim Constitution and all laws and judiciary judgements
are promulgated and put into force, in the name of the People.
Article 66 [Continuity of Laws]
All laws and decisions of the Revolutionary Command Council,
enacted prior to the promulgation of this Constitution, remain in
force and cannot be modified or abolished except in accordance
with the procedures prescribed in this Constitution.
Article 67 [Promulgation, Publication]
The President of the Revolutionary Command Council
undertakes promulgating this Constitution and publishing it in
the Official Gazette.