DOCSLIB.ORG

1. Constitutional Provisions Hereinafter Are the Relevant

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1. Constitutional Provisions Hereinafter Are the Relevant IRAQ Official name: Republic of Iraq Population: 39,192,111 (July 2017 est.) Date of independence: 3 October 1932 (from League of Nations mandate under British administration); note – on 28 June 2004 the Coalition Provisional Authority transferred sovereignty to the Iraqi Interim Government Official language: Arabic, Kurdish Capital: Baghdad Government type: federal parliamentary republic Legal system: mixed legal system of civil and Islamic law.1 Ethnic groups:2 Arab 75–80%, Kurdish 15–20%, other 5% (includes Turkmen, Yezidi, Shabak, Kaka’i, bedouin, Romani, Assyrian, Circassian, Sabaean-Mandaean, Persian) Religions:3 Muslim (official) 95–98% (Shia 64–69%, Sunni 29–34%), Christian 1% (includes Catholic, Orthodox, Protestant, Assyrian Church of the East), other 1–4% 1. Constitutional Provisions Hereinafter are the relevant provisions in the Constitution of Iraq of 2005:4 Preamble “(…). We, the people of Iraq, who have just risen from our stumble, and who are looking with confidence to the future through a republican, federal, democratic, pluralistic system, have resolved with the determination of our men, women, elderly, and youth to respect the rule of law, to establish justice and equality, to 1 Source of introductory information and map from CIA – The World Factbook, available at https://www.cia.gov/library/publications/the-world-factbook/. 2 Note: “data is a 1987 government estimate; no more recent reliable numbers are avail- able.” Ibid. 3 Note: “while there has been voluntary relocation of many Christian families to north- ern Iraq, recent reporting indicates that the overall Christian population may have dropped by as much as 50% since the fall of the Saddam Hussein regime in 2003, with many fleeing to Syria, Jordan, and Lebanon (2015 est.).” Ibid. 4 The Constitution of Iraq was approved by referendum and adopted on 15 October 2005. The text was first drafted by the Constitutional Committee appointed by the interim govern- ment, which was meant to reflect the diverse ethnic and religious composition of the coun- try. English translation is available at https://www.constituteproject.org/constitution/ Iraq_2005.pdf?lang=en. © koninklijke brill nv, leiden, ��19 | doi:10.1163/9789004��7637_006 <UN> 50 iraq cast aside the politics of aggression, to pay attention to women and their rights, the elderly and their concerns, and children and their affairs, to spread the culture of diversity, and to defuse terrorism.” Article 1 “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.” Article 2 “I. Islam is the official religion of the State and is a foundation source of legislation: (A) No law may be enacted that contradicts the established provisions of Islam. (B) No law may be enacted that contradicts the principles of democracy. (C) No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution. II. 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.” Article 3 “Iraq is a country of multiple nationalities, religions, and sects. It is a founding and active member in the Arab League and is committed to its charter, and it is part of the Islamic world.” Article 4 “I. 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 Turkmen, Assyrian, and Armenian shall be guaranteed in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions. II. The scope of the term “official language” and the means of applying the provi- sions of this article shall be defined by a law and shall include: (A) Publication of the Official Gazette, in the two languages; (B) Speech, conversation, and expression in official domains, such as the Council of Representatives, the Council of Ministers, courts, and official conferences, in either of the two languages; (C) Recognition and publication of official documents and correspondence in the two languages; (D) Opening schools that teach the two languages, in accordance with the edu- cational guidelines; (E) Use of both languages in any matter enjoined by the principle of equality such as bank notes, passports, and stamps.” <UN>.
Load more

Recommended publications
  • 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.
    [Show full text]
  • Minority Rights in Iraq and Prospects for the Iraqi Turkmen Within Iraq Stefan Wolff [email protected] | | @Stefwolff
    Minority rights in Iraq and prospects for the Iraqi Turkmen within Iraq Stefan Wolff [email protected] | www.stefanwolff.com | @stefwolff Introduction Turkmen are the third-largest population group in Iraq with between 600,000 and 2 million members who have a strong sense of their distinct identity and have preserved their native language. They live concentrated in the north of Iraq in the Kurdistan Region and in the so-called disputed territories. The largest concentration of Turkmen live in the city and province of Kirkuk. Approximately 60% of Iraqi Turkmen are Sunni Muslims. Turkmens’ suffering under Saddam Hussein has been officially recognised in the Preamble of the Iraqi Constitution of 2005. Yet even in the new Iraq, Turkmen continue to be affected by ethnic and sectarian violence and discrimination. The legal framework of minority rights in Iraq The relevant legal framework for the rights of Turkmen (and other communities) in Iraq consists of applicable international standards, the Iraqi Constitution of 2005, and the Kurdistan Regional Constitution of 2009. So far, no comprehensive minority rights or anti-discrimination law has been passed, and provisions in existing legislation (such as the Criminal Code or the labour Code) allow for potential discrimination. Applicable international legal standards Iraq is a signatory to various relevant international documents, including (in chronological order): the ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation (1958), the International Covenant on Civil and Political Rights (1966), the International Covenant on Social, Economic and Cultural Rights (1966), and the International Convention on the Elimination of All Forms of Racial Discrimination (1965).
    [Show full text]
  • CIG Template
    Country Information and Guidance Iraq: Religious minorities Version 1.0 August 2016 Preface This document provides country of origin information (COI) and guidance to Home Office decision makers on handling particular types of protection and human rights claims. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as ‘clearly unfounded’ under s94 of the Nationality, Immigration and Asylum Act 2002. Decision makers must consider claims on an individual basis, taking into account the case specific facts and all relevant evidence, including: the guidance contained with this document; the available COI; any applicable caselaw; and the Home Office casework guidance in relation to relevant policies. Country Information The COI within this document has been compiled from a wide range of external information sources (usually) published in English. Consideration has been given to the relevance, reliability, accuracy, objectivity, currency, transparency and traceability of the information and wherever possible attempts have been made to corroborate the information used across independent sources, to ensure accuracy. All sources cited have been referenced in footnotes. It has been researched and presented with reference to the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the European Asylum Support Office’s research guidelines, Country of Origin Information report methodology, dated July 2012. Feedback Our goal is to continuously improve the guidance and information we provide. Therefore, if you would like to comment on this document, please email the Country Policy and Information Team.
    [Show full text]
  • The Iraqi Constitution: Analysis of the Controversial Articles - Solutions and Treatments Zaid Al-Ali1 and Yussef Auf2
    The Iraqi Constitution: Analysis of the Controversial Articles - Solutions and Treatments Zaid Al-Ali1 and Yussef Auf2 1. Visiting Lecturer and Law and Public Affairs Fellow (2015-2016) at Princeton University; Senior Adviser on Constitution Building, Interna- tional IDEA; Executive Committee Member, Arab Association of Constitutional Law; Executive Committee Member, International Association of Constitutional Law. 2. Sitting judge in Egypt since 2007, on leave since May 2015; nonresident fellow at the Atlantic Council’s Rafik Hariri Center for the Middle East; legal/constitutional expert working with international organizations, including a one year consultancy ending in 2016 at the United Na- tions Assistance Mission for Iraq (UNAMI); Rapporteur and Executive Committee Member, Arab Association of Constitutional Law. Al-Ali, Zaid Auf, Yussef The Iraqi Constitution: Analysis of the Controversial Articles -Solutions and Recommendations / Zaid Al-Ali, Yussef Auf Friedrich-Ebert-Stiftung Amman, 1st edition 2020, 120 pages رقم اﻹيداع في دار الكتب والوثائق ببغداد 3108 لسنة 2020 Printed in Iraq Published by: Friedrich-Ebert-Stiftung Jordan & Iraq FES Jordan & Iraq P.O. Box 941876 Amman11194 Jordan Email: [email protected] Visit our website: www.fes-jordan.org Al-Bayan Center for Planning and Studies Email: [email protected] 2268 Al-Jedaryyeh- Baghdad www.bayancenter.org Not for Sale © FES Jordan & Iraq all rights reserved. No part of this publication may be reprinted, reproduced or utilized in any form or by any means without prior written permission from the publishers. The views and opinions ex- pressed in this publication are solely those of the original author. They do not necessarily represent those of the Friedrich-Ebert Stiftung or the editor.
    [Show full text]
  • Regime Change and the Restoration of the Rule of Law in Iraq
    Color profile: Disabled Composite Default screen I Regime Change and the Restoration of the Rule of Law in Iraq Raid Juhi al-Saedi* Introduction fter Allied forces overthrew Hitler’s regime at the end of World War II, the AUS blueprint for running Germany included dismantling the Nazi Party, dismissing Nazis from government employment, prosecuting Hitler and his offi- cials as war criminals, dissolving all German courts and forbidding any political ac- tivity without permission from US military authorities. Following the overthrow of Saddam Hussein’s regime in 2003, the United States tried to use the same strategy in Iraq, albeit using a new formula. Coalition Provi- sional Authority (CPA) Order No. 11 was issued to de-Baathificate2 Iraqi society. CPA Order No. 23 dissolved the Iraqi intelligence and security agencies, and the armed forces, as well as dismissed the Baathist employees and members of those or- ganizations. Subsequently, CPA Order No. 15 was issued with the stated purpose of reforming the “Iraqi justice system [which] has been subjected to political interfer- ence and corruption over the years of Iraqi Baath Party rule.”4 This order estab- lished the Judicial Review Committee, which dismissed a large number of judges and prosecutors. * Clarke Middle East Fellow, Cornell University Law School. Former Chief Investigative Judge, Iraqi High Tribunal. Portions of this article are derived from Raid Juhi al-Saedi, Glance into the Criminal Procedures under the Iraqi Judiciary, 41 CREIGHTON LAW REVIEW 713 (2008). Vol 86.ps C:\_WIP\_Blue Book\_Vol 86\_Ventura\Vol 86.vp Monday, May 24, 2010 11:46:27 AM Color profile: Disabled Composite Default screen Regime Change and the Restoration of the Rule of Law in Iraq On September 13, 2003 the CPA issued Order No.
    [Show full text]
  • Treatment of the Sabean-Mandean Minority in Iraq
    COI QUERY Country of Origin Iraq Main subject Treatment of the Sabean-Mandean minority in Iraq Question(s) 1. General information 2. Rights (relevant legislation on identity documents, school enrolment, healthcare, education, residence, other rights) 3. Access and barriers to registering vital civil status events 4. Access to (re-obtaining lost) ID documents 5. Access to services: health, education, residence and other 6. Enrolment of children in school Date of completion 7 October 2020 Query Code Q 26 Contributing EU+ COI units This query response was sent to the EASO COI Specialist Network (if applicable) on Iraq1 for contributions on the treatment of members of the Sabean-Mandean community in Iraq. No information was contributed by EU+ countries, but feedback was received from the Swedish Migration Agency’s (SMA) Country of Origin expert institution (Lifos) and The Netherlands, Office for Country Information and Language Analysis (OCILA). Disclaimer This response to a COI query has been elaborated according to the EASO COI Report Methodology and EASO Writing and Referencing Guide. The information provided in this response has been researched, evaluated and processed with utmost care within a limited time frame. All sources used are referenced. A quality review has been performed in line with the above mentioned methodology. This document does not claim to be exhaustive neither conclusive as to the merit of any particular claim to international protection. If a certain event, person or organisation is not mentioned in the report, this does not mean that the event has not taken place or that the person or organisation does not exist.
    [Show full text]
  • Oil & Gas Law of Iraq
    Introduction to the Laws of Kurdistan, Iraq Working Paper Series Oil & Gas Law of Iraq Iraq Legal Education Initiative (ILEI) American University of Iraq, Sulaimani Stanford Law School Kirkuk Main Road Crown Quadrangle Raparin 559 Nathan Abbott Way Sulaimani, Iraq Stanford, CA 94305-8610 www.auis.ed.iq www.law.stanford.edu TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................... 2 II. BACKGROUND AND HISTORY ................................................................................... 4 A. Beginnings ....................................................................................................................... 4 B. History from 1918 to 1945 ............................................................................................... 4 C. History from 1945 to 1980 ............................................................................................... 5 D. The 1980s and 1990s: War Years .................................................................................... 6 E. The Coalition Provisional Authority and the Interim Government of Iraq ...................... 7 III. IRAQ’S OIL AND GAS LEGAL FRAMEWORK ....................................................... 8 A. The Constitution and Impact of Federalism .................................................................... 9 B. The Meaning of Article 111 ........................................................................................... 10 C. The Draft Federal Oil
    [Show full text]
  • Shadow Report Hammurabi Human Rights
    Shadow Report Hammurabi Human Rights Organization(HHRO) to Committee on the Elimination of Racial Discrimination On Iraq's compliance with the International Convention to eliminate all forms of racial discrimination Mob: 964 (0) 7513760474 Website: www.hhro.org E-mail: [email protected] 964 (0)7901448651 1pg. Introduction Hammurabi Human Rights Organization is an Iraqi Organization independent, non-governmental, non-profit, officially registered under No. (1H71134) in the NGO Department of the General Secretariat of the Iraqi Council of Ministers, which supervises Iraqi civil society organizations according to Law No. 12 of 2010. The organization was founded on April 1, 2005, composed of human rights volunteer activists and members who believe that human being is a supreme value that should be respected. They all volunteered to defend human dignity and rights, any human being regardless of religion, ethnicity, nationality, gender or origin colour or ideology and political direction. Since its founding, Hammurabi Human Rights Organization has devoted its efforts to achieving its objectives included in its bylaw in Article 5 which can be summarized to defending the most basic human rights as well as fundamental rights in all fields at national, regional and international levels, follow-up activities related to human rights, monitor and document violations that occur and follow up, prevent the occurrence of waste in human rights, monitor the proper application of laws and statutes related to human rights, its constitutionality and follow up
    [Show full text]
  • Iraq: Background and U.S
    Iraq: Background and U.S. Policy Updated November 21, 2017 Congressional Research Service https://crsreports.congress.gov R45025 Iraq: Background and U.S. Policy Summary The 115th Congress and the Trump Administration are considering options for U.S. engagement with Iraq as Iraqis look beyond the immediate security challenges posed by their intense three- year battle with the insurgent terrorists of the Islamic State organization (IS, aka ISIL/ISIS). While Iraq’s military victory over Islamic State forces is now virtually complete, Iraq’s underlying political and economic challenges are daunting and cooperation among the forces arrayed to defeat IS extremists has already begun to fray. The future of volunteer Popular Mobilization Forces (PMF) and the terms of their integration with Iraq’s security sector are being determined, with some PMF groups maintaining ties to Iran and anti-U.S. Shia Islamist leaders. In September 2017, Iraq’s constitutionally recognized Kurdistan Regional Government held an advisory referendum on independence, in spite of opposition from Iraq’s national government and amid its own internal challenges. More than 90% of participants favored independence. With preparations for national elections in May 2018 underway, Iraqi leaders face the task of governing a politically divided and militarily mobilized country, prosecuting a likely protracted counterterrorism campaign against IS remnants, and tackling a daunting resettlement, reconstruction, and reform agenda. More than 3 million Iraqis have been internally displaced since 2014, and billions of dollars for stabilization and reconstruction efforts have been identified. Iraqi Prime Minister Haider al Abadi is linking his administration’s decisions with gains made to date against the Islamic State, but his broader reform platform has not been enacted by Iraq parliament.
    [Show full text]
  • A/HRC/34/53/Add.1 General Assembly
    United Nations A/HRC/34/53/Add.1 General Assembly Distr.: General 9 January 2017 Original: English Human Rights Council Thirty-fourth session 27 February-24 March 2017 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on minority issues on her mission to Iraq Note by the Secretariat The Secretariat has the honour to transmit to the Human Rights Council the report of the Special Rapporteur on minority issues on her visit to Iraq from 27 February to 7 March 2016. Minority ethnic and religious communities in Iraq, which have been an integral part of the population and cultural heritage of the country for millenniums, are facing an unprecedented crisis that threatens their continued existence in the country. Iraq is at a crossroads, and the actions of the Government now will determine the extent to which the country maintains its rich ethnic and religious diversity, or whether conflict and neglect of minority rights will contribute to depriving it of that diversity in the future. Seeking security and seeing few prospects for protection of their human rights in Iraq, many have left the country, resulting in a dramatic decrease in minority populations. Without urgent action, many thousands more may follow. The genocidal terror campaign perpetrated by the so-called Islamic State in Iraq and the Levant (ISIL), also known as Daesh, has had a particular impact on regions with large minority populations, resulting in communities fleeing their homes and many thousands being killed or held captive, including women and children held in sexual slavery.
    [Show full text]
  • The Kurdish Regional Constitution
    The Kurdish Regional Constitution within the Framework of the Iraqi Federal Constitution: A Struggle for Sovereignty, Oil, Ethnic Identity, and the Prospects for a Reverse Supremacy Clause Michael J. Kelly* The Kurd has no friend but the mountain. ―Ancient Kurdish proverb * Professor of Law, Associate Dean for Faculty Research & International Programs, Creighton University School of Law. B.A., J.D., Indiana University; LL.M., Georgetown University. Chair (2009-2010) of the Association of American Law Schools Section on National Security Law and President of the U.S. National Chapter of L‟Association Internationale de Droit Pénal. Professor Kelly teaches comparative constitutional law as well as a range of international law courses. Many thanks to Danielle Pressler, Alexander Dehner and Christopher Roth for their research assistance, and to Professors Mark Tushnet, Haider Hamoudi, Gregory McNeal, Sean Watts and Afsheen John Radsan for their thoughtful comments. Thanks also to the Kurdish Regional Government for hosting me. The views expressed here are those of the author, not the AALS nor the AIDP. 707 708 PENN STATE LAW REVIEW [Vol. 114:3 Table of Contents INTRODUCTION .................................................................................. 708 I. THE KURDS: A STATELESS PEOPLE......................................... 710 A. Iraqi Kurdistan ................................................................ 719 B. Stability from Political Equilibrium .................................. 720 II. KURDISH AUTONOMY UNDER THE IRAQI FEDERAL
    [Show full text]
  • The Legal Framework for Managing Oil In
    This chapter first appeared in High-Value Natural Resources and Peacebuilding, edited by P. Lujala and S.A. Rustad. It is one of 6 edited books on Post-Conflict Peacebuilding and Natural Resource Management (for more information, seewww.environmentalpeacebuilding.org). Thefull book can be ordered from Routledge athttp://www.routledge.com/books/details/9781849712309/. © 2012. Environmental Law Institute and United Nations Environment Programme. The legal framework for managing oil in post-conflict Iraq: A pattern of abuse and violence over natural resources Mishkat Al Moumina aWomen and the Environment Organization Online publication date: June 2012 Suggested citation: M. Al Moumin. 2012. The legal framework for managing oil in post-conflict Iraq: A pattern of abuse and violence over natural resources. In High-Value Natural Resources and Peacebuilding,ed. P. Lujala and S. A. Rustad. London: Earthscan. Terms of use: This chapter may be used free of charge for educational and non-commercial purposes. The views expressed herein are those of the author(s) only, and do not necessarily represent those of the sponsoring organizations. Legal framework for managing oil in Iraq 413 The legal framework for managing oil in post-conflict Iraq: A pattern of abuse and violence over natural resources Mishkat Al Moumin In 2005, observers were optimistic about the prospects for the new Iraqi constitution, which was intended to strengthen democracy, create oil revenues and distribute them fairly to the Iraqi people, and achieve sustainable peace.1 Instead, the oil provisions of the constitution have created a vague and conflicting legal system that has pitted government agencies, levels of government, and religious and ethnic groups against one another, threatening the entire peacebuilding process.
    [Show full text]