The complete text of the final draft iraqi constitution, as translated from the arabic by the associated press. This document features the amended constitution of iraq. Sudans constitution of 2005 subsequently amended historical. Constitution of bahrain constitution of the state of bahrain in the name of god, all merciful, all compassionate state of bahrain the constituent assembly 23rd rabie althani, 93, 26th may, 1973 in the name of god, and with the blessings and success granted by him, we, isa bin salman alkhalifa.
Important parts of iraq s new constitution are consistent with liberal consociational principles, and we shall argue that if iraq is to have a future as a democratic and united state, the 2005 constitution will need to be defended and, particularly where it is incomplete or vague, developed in a liberal consociational direction. Negotiation for the iraqs constitution of 2005 preliminary remark. A struggle for sovereignty, oil, ethnic identity, and the prospects for a. This constitution is the preeminent and supreme law in iraq and shall be binding in all parts of iraq without exception. On october 15, 2005, the iraqi people voted on the fate of their new constitution. The ismaili constitution its importance in todays world october 2006 introduction it is now some twenty years since mawlana hazar imam ordained the ismaili constitution for the jamat worldwide.
The electorate of iraq went to the polls on 15 october 2005 to vote in a referendum on whether or not to ratify the proposed constitution of iraq. Paul on the washington journal, discussing the iraq constitution. Appreciating the culture, customs and political reality of a geographic location deepens 1. Introduction a new constitution is currently being developed which is scheduled to be put to a vote by the people of iraq in october 2005. Today, the president addressed iraq s incredible political transformation. The draft was then read in a session of the national assembly although no formal vote was taken. The constitution entered into force upon the seating of a constitutionallyelected government in midjune. The constitutional process culminating in saturdays referendum is not a sign of iraqi sovereignty and democracy taking hold, but rather a consolidation of u.
Freedom of expression and the new iraqi constitution article 19, london, 2005 index number. In 2005, iraqis approved the constitution in a referendum, but they voted on an incomplete and badly written draft, not realising that the document. The constitutionality of the kurdistan regional government. Iraq is a country of multiple nationalities, religions, and sects. Text of the draft iraqi constitution the new york times. The constitution guarantees women the right to run for office and vote. Since then, iraqis have assumed sovereignty of their country, held free elections, drafted a democratic constitution, and approved that constitution in a nationwide referendum. This constitution guarantees the islamic identity of the majority of the iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as christians, yazidis, and mandean sabeans. The kurdish regional constitution within the framework of the iraqi federal constitution.
An act to provide for the constitution of the kingdom of swaziland, 2005. The attempt in 2004 to draft an interim constitution in iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the american occupation, which first sought to impose a constitution by its agents. This article argues that iraq s political problems can be traced, in part, to the combination of temporary. The united states institute of peace is an independent, nonpartisan institution established and funded by congress. Reflections on iraq s failed constitutional process feisal amin rasoul alistrabadi i. The 2005 constitution does not, in reality, create federalism. This is not their first written constitution, though it is their first somewhat popularly composed constitution. Its goals are to help prevent and resolve violent international conflicts, promote postconflict stability and development, and increase conflict management capacity, tools, and. Pdf on nov 21, 2017, matthijs bogaards and others published iraqs. The constitution of the kingdom of swaziland act 2005 i assent. Until further notice, the university of arizona, in accordance with the guidelines recommended by the centers for disease control and prevention, encourages all employees to work remotely. Officials reported that scattered incidents of violence early on in the voting were quickly squelched by iraqi security forces. The adherence to this constitution preserves for iraq its free union of people, of land, and of sovereignty.
Studies on the iraqi constitution of 2005 and the preceding. He shall guarantee the commitment to the constitution and the preservation of iraq s independence, sovereignty, unity, and the safety of its territories, in accordance with the provisions of the constitution. Introduction theoretical physicists hypothesize a sum over histories, a concept having its roots in the heisenberg uncertainty principle and the schrrdinger equation postulated in quantum mechanics. National referendum on new permanent constitution drafted by tna. The iraqi constitution making process was supposed to have begun in february 2005, but delays in the formation of the cabinet and constitution committee caused drafting and negotiation to begin much later. Children have the right to upbringing, care and education from their parents. Two and a half years ago, iraq was in the grip of a cruel dictator. Overview in 2004, the commission worked successfully with senior administration officials, members of congress, and others to encourage that explicit guarantees of freedom of thought, conscience, and religion or belief for every iraqi be included in the countrys interim constitution, the transitional administrative law tal. This will be the first time in their history that iraqis will be.
Kurdish regional and iraqi federal constitution concerning oil and gas development, a separate section is dedicated to that discussion. Have students thinkpairshare their predictions of what things will matter most in iraq at the time the constitution was written. Its basic objective is the realization of one arab state and the buildup of the socialist system. One of those subcommittees is devoted to the second chapter of the constitution, focusing on rights, freedoms, and duties. Permanent constitution of the state of qatar part one the state and the bases of the rule article 1 qatar is an independent sovereign arab state. Writing iraqs constitution would be tough enough without washingtons harddriving pressure to finish by next monday. First, the document thats key to this whole discussion. In the name of god, the most merciful, the most compassionate. Opponents of the draft constitution reacted angrily to this reinterpretation of article 61 of the interim constitution. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.
The current constitution was drafted and approved in 2005. Iraq s constitution of 2005 has both, but the country has been. Earlier, on june 30, 2005, the iraqi newspaper almada published what it claimed was the subcommittees. The final draft of the iraqi constitution carnegie endowment. Parents have the right to respect and care from their children, especially in times of need, disability, and old age. What was most feared did not materialize, and the sunni arabs failed to veto the document. No law that contradicts this constitution shall be enacted. The constitution was approved by referendum on 15 october 2005, and entered into force in 2006 when nouri almalikis first government was sworn into office. In three days, they will go to the polls for the third time this year and. Numerous and frequentlyupdated resource results are available from this search. Earlier, on june 30, 2005, the iraqi newspaper almada published what it claimed was. Constitution, pass out copies of handouts 1, 2, and 3. Aug 03, 2005 their approval in a national referendum by october 15, 2005. The new iraqi constitution the heritage foundation.
He was a legal adviser to the united nations in iraq from 2005 to 2010. We examine in detail the constitution s provisions for both selfgovernment and for shared government, and argue that these provisions represent a. The constitutionality of the kurdistan regional government petroleum contracts under the 2005 iraqi constitution hemdad faisal ahmad soran university abstract since 2007 up to now, around 50 oil and gas contracts have been concluded by the kurdistan regional government krg. In this article, we argue that iraq s new constitution, rati. Iraqs constitution is incomplete global policy forum. The case against consociationalism light scholars and practitioners tend to favor transitory powersharing arrangements and liberal forms of consociationalism. Enacted by the king and the parliament of swaziland. Oct 25, 2005 iraqi constitution passes, officials say vote was close in key sunni arab province of nineveh nearly 10 million voters cast ballots, for a turnout of 63 percent. By all accounts, this is the final draft of this document and the one. Constitution making under occupation book description. The iraqi constitution as being voted on in the oct. Any text in any regional constitutions or any other legal text that contradicts this constitution shall be considered void. Whether iraqs draft constitution is approved or rejected, the decision is likely to make the current situation worse. Introduction to the laws of kurdistan, iraq working paper.
The constitution is a single unified paramount constitution which applies to all ismaili muslims wherever domiciled or resident and. A 275member transitional national assembly tna, with the goal of 25% female representation, will be elected. Iraqi citizenship shall not be granted for the purposes of the policy of population. It proclaimed religious freedom, but guarantees that. Making federalism work in iraq forum of federations. Constitution of the republic of iraq in 2005, al hiqouq journal 2011. Iraq s constitution of 2005 has both, but the country has been in turmoil ever since. Iraq is a multiethnic, multireligious and multisect country. The republic of iraq is a single federal, independent and fully sovereign state in which the system of government is republican, representative, parliamentary, and democratic, and this constitution is a guarantor of the unity of iraq.
It was the expectation of the united states, the united nations, and many iraqis that the constitution and the process for making it could help lay the foundation for reconciliation and unity. Brown senior associate carnegie endowment for international peace on august 28, 2005, iraq s constitutional commission approved a draft constitution. Partial text of the iraqi constitution ratified in 2005 as published by unesco the following is a portion of the iraqi constitution as translated from arabic by the united nations office for constitutional support, and the translation was approved by the iraqi government. Zaid alali is a lawyer specializing in comparative constitutional law and international commercial arbitration. On 2 october 2005, the national assembly weakened the second requirement such that it would only fail to be fulfilled if twothirds of registered votersrather than actual votersin three governorates voted no. But as a student of history and geography, my time in kurdistan opened an entirely new window of understanding. This is an unofficial translation of the draft iraqi constitution which will be voted on in a national referendum. What are 23 lessons you have learned from your years of providing constitutional support. Wikipedia defines the proposed constitution this way.
December 2005 iraqi people elect new government under the permanent constitution. Based on information available at the time of these discussions, the staff report was completed on july 8, 2005. Final tally shows iraqi voters approved new constitution. An alternative translation, by the associated press, is here. Baghdad, iraq cnn the iraqi draft constitution has passed, according to final results released tuesday by iraqi election officials. Introduction in 2005, iraq chartered its first democratic constitution, replacing law established by the coalition provisional authority cpa, established by the united states and other countries responsible for the 2003 invasion and war that subsequently removed former dictator saddam hussein. Thereafter, the constitution remained subject to amendment for a fourmonth period, and confirmation from ocs needs to be given on the official start date of this term. It is part of the islamic world and its arab people are part of the arab nation. Elections were expected to be held in january 2005, and the assembly was expected to serve both as an ordinary legislature and as the constituent assembly. He often serves as a commentator on iraqi and arab issues for bbc, aljazeera, channel 4, and the new york times among others. Interim constitution of iraq 1990 university of richmond.
Article one proclaims the republic of iraq is a single, independent federal state with full sovereignty. To this end, the constitution created a strong parliamentary bias in favour of an elected but mainly symbolic president. Kurdistan existed before the 2005 federal constitution and it exists. Its religion is islam and sharia law shall be a main source of its legislations. Interim constitution of iraq 1990 as published from 19972004 by the university of wuerzburgs international constitutional law project chapter i the republic of iraq article 1 state form iraq is a sovereign peoples democratic republic. E if the referendum rejects the draft permanent constitution, the national assembly shall be dissolved. This analysis tries to achieve continuity by sticking to one, but quotes have been kept intact. The following is the full text of the draft constitution being. Iraqis will go to the polls to vote on the constitution this saturday, oct. It should be noted that the authors have analyzed the english translation of the august 28 draft of the iraq constitution. Reflections on iraqs failed constitutional process feisal amin rasoul alistrabadi i. Provide background information to the students about the circumstances of the iraqi constitution ratified in 2005.
Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. A committee drafting iraq s new constitution has decided against requesting a sixmonth extension of its august 15 deadline, its chairman told iraq s transitional national assembly on monday. Oct 30, 2017 both in 2005 and in subsequent years, barzani emphasized that only if baghdad scrupulously respected the obligations of the constitution would iraqi kurdistan remain in the iraqi republic. 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. The arabic language shall be its official language. Iraqi school girls hold up pro constitution posters after they were handed out by teachers in the southern city of basra, just weeks ahead of an oct. The constitution of iraq is the fundamental law of iraq. The 2005 iraqi constitution was greatly influenced not only by its political history, but also by fears of islamic extremism and greater federalism leading to separatism. The constitution was adopted by popular referendum on october 15, 2005. On august 28, 2005, iraqs constitutional commission approved a draft constitution. The iraqi constitution as being voted on in saturdays.
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