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Constitution of 'Iraq

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Constitution of 'Iraq [Distributed to the Official No. : C. 49. 1929. VI. Members of the Council.] [C.P.M.834] Geneva, February 20th, 1929. LEAGUE OF NATIONS CONSTITUTION OF ‘IRAQ (ORGANIC LAW) Note by the Secretary- General : The Secretary-General communicated to the Council, on August 23rd, 1924 (document C.412.1924.VI, C.P.M. 166),1 a letter from the British Government transmitting a translation of the Organic Law of ‘Iraq passed by the Constituent Assembly of ‘Iraq on July 10th, 1924. In a letter dated November 28th, 1928, the British Government transmitted the following document : The ‘Iraq Constitution, March 21st, 1925, recently published by the Government of ‘Iraq. The British Government points out, in the above-mentioned letter, that the publication of the document in question was necessitated by the discovery of considerable discrepancies between the Arabic text of the Organic Law, as passed by the ‘Iraq Constituent Assembly in July 1924, and the English translation which was communicated to the Secretariat in 1924. The British Government adds that the new text embodies the modifications introduced by the Organic Law Amendment Law, 1925,2 and was approved by the ‘Iraq Government as superseding all translations of the law hitherto published. The Secretary-General has the honour to communicate to the Council the text of the document transmitted by the British Government on November 28th, 1928. 1 See Official Journal, November 1924, page 1759. * The Organic Law Amendment Law, 1925, was published as an Appendix to the Annual Report on the Adminis­ tration of ‘Iraq for 1925, pages 175-177. S.d.N. 510 (F.). 515 (A.). 3/29. Imp. d’Ambilly. Series of League of Nations Publications VI.A. MANDATES 1929. VI.A. 1. THE ‘IRAQ CONSTITUTION, MARCH 21st, 1925 P a s s e d b y t h e C o n s t i t u e n t A s s e m b l y , J u l y 10 t h , 1924 (as amended by the Law of J u l y 2 9 t h , 1925). The following is the official translation oj the ‘Iraq Constitution as approved bij the Ministry of Justice. It supersedes all Versions hitherto published. CONTENTS. Page Introduction ..............................................................................................., .................................................................. 4 P abt I. T h e R ights of t h e P e o p l e ................................................................................................. 4 P a r t II. T h e P rerogatives of t h e C r o w n ................................................................................ 6 P art III. T h e L eg isl a t u r e : G e n e r a l........................................................................................................................................... 7 T he S e n a t e ................................................................................................................................ 8 T he C ham ber of D e p u tie s ...................................................... 8 B o th A s s e m b lie s ..................................................................................................................... 11 P art IV. T he C ou n c il of M i n i s t e r s ...................................................................................................... 12 P art V. T h e J u d ic a tu r e : J u d g e s ............................................................................................................................................ 12 Courts : G e n e r a l................................................................................................................................. 12 Civil C o u r t s ...................................................................................................................... 13 Religious C o u r t s .......................................................................................................... 13 Special C o u r t s ................................................................................................................ 15 P art VI. F inancial M a t t e r s ........................................................................................................................ 15 P art V II. A dministration o f t h e P r o v i n c e s ................................................................................ 17 P art V III. C onfirmation o f L aw s and J u d g m e n t s .................................................................... 17 P a r t IX . C onstitutional A m e n d m e n t s ................................................................................................. 18 P art X. G e n e r a l P ro visions .................................................................................................................. 18 (In the Name of God, the M erciful, the Compassionate.) THE ‘IRAQ CONSTITUTION W e , KING o f ‘IRAQ, As a result of the decision of the Constituent Assembly, have confirmed our Constitution and have ordered its promulgation. INTRODUCTION. Article 1. This law shall be known as “ The ‘Iraq Constitution ”, its provisions shall be in force in all parts of the Kingdom of ‘Iraq. Article 2. ‘Iraq is a sovereign State, independent and free. Her territories are indivisible and no portion thereof may be given up. ‘Iraq is a constitutional hereditary monarchy with a representative Government. Article 3. The city of Baghdad shall be the capital of ‘Iraq. In case of necessity, another place may be selected as capital, in accordance with the provisions of a law. Article 4. The flag of 'Iraq shall be of the following shape and dimensions. The length of the flag shall be double its breadth. It shall be divided horizontally into three colours of equal size and parallel to each other, the upper section being black, the others white and green respectively. On the side of the staff there shall be a red trapezoid, the greater base of which shall be equal to the breadth of the flag and the lesser base equal to the breadth of the white section, the height being equal to one-quarter of the length of the flag. In the centre there shall be two white stars of seven points each, in a perpendicular position, parallel to the staff. The position of the flag, and the arms, insignia and decorations of the State shall be determined in accordance with special laws. Part I. THE RIGHTS OF THE PEOPLE. Article 5. ‘Iraq nationality shall be defined by a special law and will be acquired or lost in accordance with the terms thereof. Article 6. There shall be no differentiation in the rights of ‘Iraqis before the law, whatever differences may exist in language, race or creed. Article 7. There shall be no violation of, or interference with, the personal liberty of any of the inhabitants of ‘Iraq. None of them shall be arrested, detained, punished or obliged to change their place of residence, or be placed in bonds, or compelled to serve in the armed forces, except in conformity with law. Torture and the deportation of ‘Iraqis from the Kingdom of ‘Iraq are absolutely forbidden. Article 8. The inviolability of all places of residence is guaranteed. They may not be entered or searched except in such circumstances and in such manner as may be prescribed by law. — 5 — Article 9. No person shall be prevented from having recourse to the Courts, or be obligedi to have recourse to a Court other than the Court competent to deal with his case, except in accordance with law. Article 10. All rights of ownership shall be safeguarded. No forced loans may be imposed, nor may any real or personal property be sequestrated, nor any prohibited articles confiscated, except in conformity with law. All unpaid forced labour and general confiscation of movable or immovable property are absolutely forbidden. There shall be no expropriation of the property of any person except in the public interest, and in such circumstances and in such manner as may be prescribed bylaw, and on condition that Just compensation be paid. Article 11. No tax may be imposed except in accordance with law, the provisions of which shall apply to all classes of the people. Article 12. Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and Joining associations is guaranteed to all ‘Iraqis within such limits as may be prescribed by law. Article 13. Islam is the official religion of the State. Freedom to practise the rites of the different sects of that religion, as observed in ‘Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country, provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality. Article 14. All ‘Iraqis shall have the right of presenting petitions and memorials to the King, Parliament and the public authorities, setting forth complaints, whether relating to matters where they are personally concerned, or to matters of public interest, in such circumstances and in such manner as may be prescribed by law. Article 15. All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law. Article 16. The various communities shall have the right of establishing and maintaining schools for the instruction of their members in their own tongues, provided that such instruction is carried out in conformity with such general programmes as may be prescribed by law. Article 17. Arabic shall be the
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