In the Name of God

Preliminary Draft Final Report of the Constitutional Review Committee

To: Members of the Presidency Council of the Republic

Peace be upon you

Introduction:

More than 50 Articles have been added and redrafted in the Constitution. It can be said that an important part has been accomplished. The Committee could not resolve a number of points including:

1. The Preamble: additions but no deletions were made. 2. Article 41: Civil Status. 3. The powers of the President of the Republic, the Prime Minister and the ministers. 4. The powers of the Federal Council. 5. Redrafting the articles pertaining to oil and gas for which there are more than one proposal. 6. Redrafting the articles pertaining to the powers of regions and governorates for which alternatives and proposals have been developed. 7. Article 140.

For all of the aforementioned issues, there are convergent or adversary views for which alternatives and proposals have been developed.

Pursuant to the provisions of Article 142 of the Constitution, the Constitutional Review Committee has been elected comprising 27 members of the Council of Representatives in addition to two Chaldean and Sabean observers which makes the total number 29 members representing the major components of the Iraqi society in accordance with the stipulation of Article 142 of the Constitution.

The Committee held its first meeting on 15 November 2006 selecting Sheikh Dr. Humam Baqer Hamoudi as its chairman, Dr. Fouad Ma’soum, Dr. Iyad Al-Samaraei as his two deputies, and Mr. Abbas Al-Bayaty and Ms. Alia Nsaif as its rapporteurs. The Committee commenced works diligently to resolve the outstanding issues and achieve compromise. Accordingly, it opened dialogue and discussions on the various chapters and sections of the Constitution.

In order to consult the people and civil society organizations, the Committee opened a special e-mail for this purpose, in addition to the continued cooperation with the United Nations through the Office of Constitutional Support and some of the other concerned international organizations.

In order to give full effect to Article 142 of the Constitution, the Committee submitted its first report to the Presidency of the Council of Representatives on 21 May 2007 which included a summary of the resolved issues in addition to a statement of the other outstanding issues that have not been resolved.

Accordingly, the Council of Representatives extended the work of the Committee to date.

After consultation with the Presidency of the Council of Representatives, the Committee found that a report on the outstanding disputed issues should be submitted to the Council of Presidency to contribute to their solution after which the Committee shall submit the final report to the Council of Representatives to adopt the solutions agreed upon.

Following are the most important disputed issues and the relevant proposals:

First: Article 41 of the Constitution pertaining to Civil Status:

1. The original text of the Constitution: (Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this shall be regulated by law.)

2. Proposals on this Article: a. First proposal: Keep the same text. b. Second proposal: The aforementioned text shall be replaced by a new one that gives the Iraqis the right to commit to personal status according to religion or sect: (The Iraqi shall have the right to commit to the provisions of his/her religion and sect in personal status issues. The Civil Status Law shall ensure its regulation).

Second: Article 142 of the Constitution pertaining to the situation of the capital, Baghdad.

1. Original text:

(First: Baghdad in its municipal borders is the capital of the Republic of Iraq and shall constitute, in its administrative borders, the governorate of Baghdad.

Second: This shall be regulated by a law.

Third: The capital may not merge with a region.) 2. Proposals on this Article:

a. First proposal: Keep the same text. b. Second proposal: i. There is a need to stipulate that Baghdad as a capital and governorate cannot be annexed to a region. On the other hand, there is no objection that the governorate of Baghdad be a region in itself that has no right to join another region.

ii. The original text of the Constitution shall remain unchanged where there must be a distinction between the administrative and municipal borders of Baghdad.

Third: Article 73 of the Constitution pertaining to the powers of the President of the Republic:

1. Original text: The President of the Republic shall assume the following powers: First: To issue a special pardon on the recommendation of the Prime Minister, except for anything concerning a private claim and for those who have been convicted of committing international crimes, terrorism, or financial and administrative corruption.

Second: To ratify international treaties and agreements after the approval by the Council of Representatives. Such international treaties and agreements are considered ratified after fifteen days from the date of receipt by the President.

Third: To ratify and issue the laws enacted by the Council of Representatives. Such laws are considered ratified after fifteen days from the date of receipt by the President.

Fourth: To call the elected Council of Representatives to convene during a period not to exceed fifteen days from the date of approval of the election results and in the other cases stipulated in the Constitution.

Fifth: To award medals and decorations on the recommendation of the Prime Minister in accordance with the law.

Sixth: To accredit ambassadors.

Seventh: To issue Presidential decrees.

Eighth: To ratify death sentences issued by the competent courts.

Ninth: To perform the duty of the High Command of the armed forces for ceremonial and honorary purposes. Tenth: To exercise any other presidential powers stipulated in this Constitution.

2. Proposals on Article 73:

a. First proposal: The text remains unchanged adding “The practice of the powers mentioned above shall be regulated by law”. b. Second proposal: To add “The powers of the President of the Republic shall be regulated by law (Article 67 of the original Constitution). c. Third proposal: To add the following text to the powers: The President of the Republic shall be given “the right to information and advice on all affairs of the State”. d. Fourth proposal: 1. A Supreme Council for Defense shall be established comprising the President of the Republic, Prime Minster, Defense Minister and Chief of Military Staff, etc. to undertake leadership of the armed forces during war and emergency. Its meetings shall be chaired by the President of the Republic and the Prime Minister shall otherwise be the General Commander of the Armed Forces. The President of the Republic shall be the Commander-in-Chief of the Armed Forces. This shall be regulated by law.

Or another Form: The President of the Republic shall be the Commander-in-Chief of the Armed Forces during war and emergency. The Prime Minister shall otherwise be the General Commander of the Armed Forces and this shall be regulated by law.

2. For the President of the Republic, the following shall be added: (To issue the republican decrees pertaining to granting ranks and appointing, removing, dismissing or retiring officers upon a recommendation by the Prime Minister.)

e. Fifth proposal: Powers of the Prime Minister This is related to Article 78 of the Constitution pertaining to the Prime Minster whose powers must be defined according to the following:

Article 87: The Prime Minister shall: 1. Be the executive officer directly responsible for the general policy of the State. 2. Undertake leadership of the Armed Forces. 3. Run the affairs of the Council of Ministers and chair its meetings. 4. Remove ministers with the approval of the Council of Representatives. 5. Submit recommendations to the President of the Republic to issue a special amnesty except for issues related to proprietary right and those convicted with international crimes, terrorism, and administrative and financial corruption. 6. Submit recommendations to the President of the Republic on granting awards and medals. 7. Define the directions and guidelines of the general policy of the Council of Ministers in consultation with the remaining members of the Council of Ministers. The Prime Minister shall undertake and follow up implementation of these guidelines with the deputies. 8. Practice any other powers stated in this Constitution.

f. Sixth proposal: Powers of the Council of Ministers: This proposal is related to Article 80 of the Constitution pertaining to the powers of the Council of Ministers. Al-Tawafuq proposes adding the following items: 1. The Minster shall be directly responsible for the Ministry. 2. The Cabinet of Ministers shall decide on the dispute cases on powers, authorities and tasks among the Ministries. The work of the Cabinet of Ministers as well as the authorities of the Prime Minister, his deputies and Ministers shall be organized by a Law.

3. Another opinion:

This opinion sees that any expansion or limitation in the powers of the President of the Republic that goes beyond what is prescribed in the constitution will necessarily bring about changes in the form of the political system in Iraq to become presidential or mixed systems instead of the parliamentary system. As such, it might be needed to choose a President from among the Iraqi people through direct elections.

On the other hand, the President of the Republic enjoys, within the Constitution, limited, important and not cosmetics powers. A thorough look at the constitution will lead to this result. (See attachment)

Fourth: Articles (111 and 112) of the Constitution on Oil and Gas:

Opinion (A): To keep the text as it is

1. The two texts as suggested by the Committee:

The amended Article (111)

First: Oil and gas belong to the Iraqi people.

Second: All oil revenues shall be collected and distributed equally among the Iraqi people by the federal government in accordance with the State General Budget Law, in a transparent and just manner in proportion to the demographic distribution in the governorates. Third: automatic transfers of oil revenues from the Public Budget to the regions and the governorates not organized into regions shall be done according to an effective and transparent allocation formula.

Fourth: A special rate of the revenues shall be allocated to the producing governorate as a compensation for the damages resulted from the production process.

Fifth: A special rate of the revenues shall be allocated for a limited period of time to the deprived and affected areas in a manner that secures the balanced development of the various areas in the country.

Sixth: The provisions of this Article shall be organized by a law.

The Amended ARTICLE 112

First: The federal government, the relevant governorates governments and the governorates administrations shall manage all oil and gas operations (The federal government shall market them).

Second: The federal government, in agreement with the relevant governorates governments and the governorates administrations, shall develop strategic policies necessary for the development of oil and gas wealth while applying the latest market principles techniques and encouraging investment in a manner that achieves the best benefits for the Iraqi people and all people in the various areas of Iraq.

Third: Acts first and second of this Article shall be organized by a law.

2. Suggestions on the aforementioned texts:

A. Suggestion (1): The following shall be added to paragraph first of the amended Article (111):

(Oil and Gas belong to the Iraqi people in all regions and governorates).

B. The following shall be added to paragraph first of the amended Article (112):

(The federal government, the relevant governorates governments and the governorates administrations shall manage all oil and gas operations in the current fields and the federal government shall market them.)

Fifth: Article (114) of the Constitution on shared powers:

1. The original text: The following duties will be shared by the federal and regional authorities: First: Administering customs, in coordination with the regional governments and the governorates that are not organized into a region and this will be regulated by law. Second: organizing and distributing the main electrical power resources. Third: Drawing up environmental policy to guarantee the protection of the environment from pollution and the preservation of its cleanliness, in cooperation with the regions the governorates not organized into a region. Fourth: Drawing up general planning and development policies. Fifth: Drawing up general health policy, in cooperation with the regions the governorates not organized into a region. Sixth: Drawing up general education and childbearing policy, in consultation with the regions the governorates not organized in a region. Seventh: Drawing up the general water resources policy and organizing it in a way that would guarantee equitable distribution and this will be regulated by law. 2. Suggestions on Article (114): A. The text shall remain the same, perhaps it should be reformulated. B. The joint powers prescribed in this Article, concerning the drawing up of policies and otherwise, shall be referred to the Federal Council in its capacity as a Council that represents the interests of the regions and governorates not organized into a region. C. The Federal Council shall be in charge of enacting laws on the shared powers in collaboration with the Council of Representatives. Sixth: Article (115) of the Constitution on determining the priority of the laws in case of dispute. A. Suggestion (1): To keep the text as it is. B. Suggestion (2): The Federal Government shall be in charge of drawing up the policies while the regions and governorates shall execute them in the manner that they find appropriate. C. Suggestion (3): First: all that is not written in the exclusive powers of the federal authorities shall be within the authority of the regions and governorates not organized into a region. Second: In the shared powers between the federal government and the regions (stipulated in Article 114 of the Constitution), the priority will be given to the region's law in case of dispute except for what is stipulated in Articles (111 and 112) of the Constitution (such as oil and gas and the articles concerning the customs, ports and internal water) and Acts first, seventh and eighth of Article (114). D. Suggestion (4) on the amended Article (115): Or the exception prescribed in Act second of the aforementioned amended text shall be omitted to become as follows: First: …. Second: In the shared powers between the federal government and the regions prescribed in Article (114) of the constitution, the priority will be given to the region's law in case of dispute. E. Suggestion (5): 1. In case of not amending the text or if the amendments were not accepted, this suggestion might be considered. 2. Changing the sequence of the Articles, as Articles (111 and 112) on oil and gas shall follow Article (115) and the exception might be omitted. Seventh: Article (65) of the constitution on the Federal Council: There are some opinions on the authorities of the Federal Council concerning recommending and referring the federal laws to the Council of Representatives and the percentage of the negative voters. There is another suggestion indicating that the Presidency Council may carry on a second term then the Federal Council shall be formed in accordance with the aforementioned formula. Eighth: Article (140) of the Constitution on the disputed areas including Kirkuk: The suggestions concerning the disputes can be summarized as follows: A. Suggestion (1): To reformulate the Article without changing it but in an unambiguous, more detailed and legal formula. B. Suggestion (2): 1. Granting Kirkuk a special status due to its specialty and the variety of its population. The administration and local government of Kirkuk shall be organized in a law. This should be stipulated in the constitution. 2. It should be acknowledged in the Constitution that Kirkuk is a stand-alone region. The powers of which shall be organized by a federal law. 3. Kirkuk shall remain a governorate that is not organized into a region, as with other Iraqi governorates. 4. Kirkuk shall be granted a special status for a transitional period ranging from 5 – 7 years and a new road map for the final solution shall be specified. 5. Kirkuk shall be considered a stand-alone region for the period of (5) years. After that, the procedures for implementing the final solutions on its fate and future shall be applied.

The Presidency of the Constitution Review Committee Monday 07 July 2008