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Coalition
Provisional Authority
LAW OF ADMINISTRATION FOR THE STATE OF IRAQ FOR
THE TRANSITIONAL PERIOD
8 March 2004 - PREAMBLE
The people of Iraq, striving to reclaim their
freedom, which was usurped by the previous
tyrannical regime, rejecting violence and coercion
in all their forms, and particularly when used as
instruments of governance, have determined that
they shall hereafter remain a free people governed
under the rule of law. These people, affirming
today their respect for international law,
especially having been amongst the founders of the
United Nations, working to reclaim their
legitimate place among nations, have endeavored at
the same time to preserve the unity of their
homeland in a spirit of fraternity and solidarity
in order to draw the features of the future new
Iraq, and to establish the mechanisms aiming,
amongst other aims, to erase the effects of racist
and sectarian policies and practices.
This Law is now established to govern the affairs
of Iraq during the transitional period until a
duly elected government, operating under a
permanent and legitimate constitution achieving
full democracy, shall come into being.
CHAPTER ONE – FUNDAMENTAL PRINCIPLES
Article 1.
(A) This Law shall be called the “Law of
Administration for the State of Iraq for the
Transitional Period,” and the phrase “this Law”
wherever it appears in this legislation shall mean
the “Law of Administration for the State of Iraq
for the Transitional Period.”
(B) Gender-specific language shall apply equally
to male and female.
(C) The Preamble to this Law is an integral part
of this Law.
Article 2.
(A) The term “transitional period” shall refer to
the period beginning on 30 June 2004 and lasting
until the formation of an elected Iraqi government
pursuant to a permanent constitution as set forth
in this Law, which in any case shall be no later
than 31 December 2005, unless the provisions of
Article 61 are applied.
(B) The transitional period shall consist of two
phases.
(1) The first phase shall begin with the formation
of a fully sovereign Iraqi Interim Government that
takes power on 30 June 2004. This government shall
be constituted in accordance with a process of
extensive deliberations and consultations with
cross-sections of the Iraqi people conducted by
the Governing Council and the Coalition
Provisional Authority and possibly in consultation
with the United Nations. This government shall
exercise authority in accordance with this Law,
including the fundamental principles and rights
specified herein, and with an annex that shall be
agreed upon and issued before the beginning of the
transitional period and that shall be an integral
part of this Law.
(2) The second phase shall begin after the
formation of the Iraqi Transitional Government,
which will take place after elections for the
National Assembly have been held as stipulated in
this Law, provided that, if possible, these
elections are not delayed beyond 31 December 2004,
and, in any event, beyond 31 January 2005. This
second phase shall end upon the formation of an
Iraqi government pursuant to a permanent
constitution.
Article 3.
(A) This Law is the Supreme Law of the land and
shall be binding in all parts of Iraq without
exception. No amendment to this Law may be made
except by a three-fourths majority of the members
of the National Assembly and the unanimous
approval of the Presidency Council. Likewise, no
amendment may be made that could abridge in any
way the rights of the Iraqi people cited in
Chapter Two; extend the transitional period beyond
the timeframe cited in this Law; delay the holding
of elections to a new assembly; reduce the powers
of the regions or governorates; or affect Islam,
or any other religions or sects and their rites.
(B) Any legal provision that conflicts with this
Law is null and void.
(C) This Law shall cease to have effect upon the
formation of an elected government pursuant to a
permanent constitution.
Article 4.
The system of government in Iraq shall be
republican, federal, democratic, and pluralistic,
and powers shall be shared between the federal
government and the regional governments,
governorates, municipalities, and local
administrations. The federal system shall be based
upon geographic and historical realities and the
separation of powers, and not upon origin, race,
ethnicity, nationality, or confession.
Article 5.
The Iraqi Armed Forces shall be subject to the
civilian control of the Iraqi Transitional
Government, in accordance with the contents of
Chapters Three and Five of this Law.
Article 6.
The Iraqi Transitional Government shall take
effective steps to end the vestiges of the
oppressive acts of the previous regime arising
from forced displacement, deprivation of
citizenship, expropriation of financial assets and
property, and dismissal from government employment
for political, racial, or sectarian reasons.
Article 7.
A) Islam is the official religion of the State and
is to be considered a source of legislation. No
law that contradicts the universally agreed tenets
of Islam, the principles of democracy, or the
rights cited in Chapter Two of this Law may be
enacted during the transitional period. This Law
respects the Islamic identity of the majority of
the Iraqi people and guarantees the full religious
rights of all individuals to freedom of religious
belief and practice.
(B) Iraq is a country of many nationalities, and
the Arab people in Iraq are an inseparable part of
the Arab nation.
Article 8.
The flag, anthem, and emblem of the State shall be
fixed by law.
Article 9.
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 Turcoman, Syriac, or Armenian, in
government educational institutions in accordance
with educational guidelines, or in any other
language in private educational institutions,
shall be guaranteed. The scope of the term
“official language” and the means of applying the
provisions of this Article shall be defined by law
and shall include:
(1) Publication of the official gazette, in the
two languages;
(2) Speech and expression in official settings,
such as the National Assembly, the Council of
Ministers, courts, and official conferences, in
either of the two languages;
(3) Recognition and publication of official
documents and correspondence in the two languages;
(4) Opening schools that teach in the two
languages, in accordance with educational
guidelines;
(5) Use of both languages in any other settings
enjoined by the principle of equality (such as
bank notes, passports, and stamps);
(6) Use of both languages in the federal
institutions and agencies in the Kurdistan region.
CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 10.
As an expression of the free will and sovereignty
of the Iraqi people, their representatives shall
form the governmental structures of the State of
Iraq. The Iraqi Transitional Government and the
governments of the regions, governorates,
municipalities, and local administrations shall
respect the rights of the Iraqi people, including
those rights cited in this Chapter.
Article 11.
(A) Anyone who carries Iraqi nationality shall be
deemed an Iraqi citizen. His citizenship shall
grant him all the rights and duties stipulated in
this Law and shall be the basis of his relation to
the homeland and the State.
(B) No Iraqi may have his Iraqi citizenship
withdrawn or be exiled unless he is a naturalized
citizen who, in his application for citizenship,
as established in a court of law, made material
falsifications on the basis of which citizenship
was granted.
(C) Each Iraqi shall have the right to carry more
than one citizenship. Any Iraqi whose citizenship
was withdrawn because he acquired another
citizenship shall be deemed an Iraqi.
(D) Any Iraqi whose Iraqi citizenship was
withdrawn for political, religious, racial, or
sectarian reasons has the right to reclaim his
Iraqi citizenship.
(E) Decision Number 666 (1980) of the dissolved
Revolutionary Command Council is annuled, and
anyone whose citizenship was withdrawn on the
basis of this decree shall be deemed an Iraqi.
(F) The National Assembly must issue laws
pertaining to citizenship and naturalization
consistent with the provisions of this Law
(G) The Courts shall examine all disputes airising
from the application of the provisions relating to
citizenship.
Article 12.
All Iraqis are equal in their rights without
regard to gender, sect, opinion, belief,
nationality, religion, or origin, and they are
equal before the law. Discrimination against an
Iraqi citizen on the basis of his gender,
nationality, religion, or origin is prohibited.
Everyone has the right to life, liberty, and the
security of his person. No one may be deprived of
his life or liberty, except in accordance with
legal procedures. All are equal before the courts.
Article 13.
(A) Public and private freedoms shall be
protected.
(B) The right of free expression shall be
protected.
(C) The right of free peaceable assembly and the
right to join associations freely, as well as the
right to form and join unions and political
parties freely, in accordance with the law, shall
be guaranteed.
(D) Each Iraqi has the right of free movement in
all parts of Iraq and the right to travel abroad
and return freely.
(E) Each Iraqi has the right to demonstrate and
strike peaceably in accordance with the law.
(F) Each Iraqi has the right to freedom of
thought, conscience, and religious belief and
practice. Coercion in such matters shall be
prohibited.
(G) Slavery, the slave trade, forced labor, and
involuntary servitude with or without pay, shall
be forbidden.
(H) Each Iraqi has the right to privacy.
Article 14.
The individual has the right to security,
education, health care, and social security. The
Iraqi State and its governmental units, including
the federal government, the regions, governorates,
municipalities, and local administrations, within
the limits of their resources and with due regard
to other vital needs, shall strive to provide
prosperity and employment opportunities to the
people.
Article 15.
(A) No civil law shall have retroactive effect
unless the law so stipulates. There shall be
neither a crime, nor punishment, except by law in
effect at the time the crime is committed.
(B) Police, investigators, or other governmental
authorities may not violate the sanctity of
private residences, whether these authorities
belong to the federal or regional governments,
governorates, municipalities, or local
administrations, unless a judge or investigating
magistrate has issued a search warrant in
accordance with applicable law on the basis of
information provided by a sworn individual who
knew that bearing false witness would render him
liable to punishment. Extreme exigent
circumstances, as determined by a court of
competent jurisdiction, may justify a warrantless
search, but such exigencies shall be narrowly
construed. In the event that a warrantless search
is carried out in the absence of an extreme
exigent circumstance, the evidence so seized, and
any other evidence found derivatively from such
search, shall be inadmissible in connection with a
criminal charge, unless the court determines that
the person who carried out the warrantless search
believed reasonably and in good faith that the
search was in accordance with the law.
(C) No one may be unlawfully arrested or detained,
and no one may be detained by reason of political
or religious beliefs.
(D) All persons shall be guaranteed the right to a
fair and public hearing by an independent and
impartial tribunal, regardless of whether the
proceeding is civil or criminal. Notice of the
proceeding and its legal basis must be provided to
the accused without delay.
(E) The accused is innocent until proven guilty
pursuant to law, and he likewise has the right to
engage independent and competent counsel, to
remain silent in response to questions addressed
to him with no compulsion to testify for any
reason, to participate in preparing his defense,
and to summon and examine witnesses or to ask the
judge to do so. At the time a person is arrested,
he must be notified of these rights.
(F) The right to a fair, speedy, and open trial
shall be guaranteed.
(G) Every person deprived of his liberty by arrest
or detention shall have the right of recourse to a
court to determine the legality of his arrest or
detention without delay and to order his release
if this occurred in an illegal manner.
(H) After being found innocent of a charge, an
accused may not be tried once again on the same
charge.
(I) Civilians may not be tried before a military
tribunal. Special or exceptional courts may not be
established.
(J) Torture in all its forms, physical or mental,
shall be prohibited under all circumstances, as
shall be cruel, inhuman, or degrading treatment.
No confession made under compulsion, torture, or
threat thereof shall be relied upon or admitted
into evidence for any reason in any proceeding,
whether criminal or otherwise.
Article 16.
(A) Public property is sacrosanct, and its
protection is the duty of every citizen.
(B) The right to private property shall be
protected, and no one may be prevented from
disposing of his property except within the limits
of law. No one shall be deprived of his property
except by eminent domain, in circumstances and in
the manner set forth in law, and on condition that
he is paid just and timely compensation.
(C) Each Iraqi citizen shall have the full and
unfettered right to own real property in all parts
of Iraq without restriction.
Article 17.
It shall not be permitted to possess, bear, buy,
or sell arms except on licensure issued in
accordance with the law.
Article 18.
There shall be no taxation or fee except by law.
Article 19.
No political refugee who has been granted asylum
pursuant to applicable law may be surrendered or
returned forcibly to the country from which he
fled.
Article 20.
(A) Every Iraqi who fulfills the conditions
stipulated in the electoral law has the right to
stand for election and cast his ballot secretly in
free, open, fair, competitive, and periodic
elections.
(B) No Iraqi may be discriminated against for
purposes of voting in elections on the basis of
gender, religion, sect, race, belief, ethnic
origin, language, wealth, or literacy.
Article 21.
Neither the Iraqi Transitional Government nor the
governments and administrations of the regions,
governorates, and municipalities, nor local
administrations may interfere with the right of
the Iraqi people to develop the institutions of
civil society, whether in cooperation with
international civil society organizations or
otherwise.
Article 22.
If, in the course of his work, an official of any
government office, whether in the federal
government, the regional governments, the
governorate and municipal administrations, or the
local administrations, deprives an individual or a
group of the rights guaranteed by this Law or any
other Iraqi laws in force, this individual or
group shall have the right to maintain a cause of
action against that employee to seek compensation
for the damages caused by such deprivation, to
vindicate his rights, and to seek any other legal
measure. If the court decides that the official
had acted with a sufficient degree of good faith
and in the belief that his actions were consistent
with the law, then he is not required to pay
compensation.
Article 23.
The enumeration of the foregoing rights must not
be interpreted to mean that they are the only
rights enjoyed by the Iraqi people. They enjoy all
the rights that befit a free people possessed of
their human dignity, including the rights
stipulated in international treaties and
agreements, other instruments of international law
that Iraq has signed and to which it has acceded,
and others that are deemed binding upon it, and in
the law of nations. Non-Iraqis within Iraq shall
enjoy all human rights not inconsistent with their
status as non-citizens.
CHAPTER THREE – THE IRAQI TRANSITIONAL
GOVERNMENT
Article 24.
(A) The Iraqi Transitional Government, which is
also referred to in this Law as the federal
government, shall consist of the National
Assembly; the Presidency Council; the Council of
Ministers, including the Prime Minister; and the
judicial authority.
(B) The three authorities, legislative, executive,
and judicial, shall be separate and independent of
one another.
(C) No official or employee of the Iraqi
Transitional Government shall enjoy immunity for
criminal acts committed while in office.
Article 25.
The Iraqi Transitional Government shall have
exclusive competence in the following matters:
(A) Formulating foreign policy and diplomatic
representation; negotiating, signing, and
ratifying international treaties and agreements;
formulating foreign economic and trade policy and
sovereign debt policies;
(B) Formulating and executing national security
policy, including creating and maintaining armed
forces to secure, protect, and guarantee the
security of the country’s borders and to defend
Iraq;
(C) Formulating fiscal policy, issuing currency,
regulating customs, regulating commercial policy
across regional and governorate boundaries in
Iraq, drawing up the national budget of the State,
formulating monetary policy, and establishing and
administering a central bank;
(D) Regulating weights and measures and
formulating a general policy on wages;
(E) Managing the natural resources of Iraq, which
belongs to all the people of all the regions and
governorates of Iraq, in consultation with the
governments of the regions and the administrations
of the governorates, and distributing the revenues
resulting from their sale through the national
budget in an equitable manner proportional to the
distribution of population throughout the country,
and with due regard for areas that were unjustly
deprived of these revenues by the previous regime,
for dealing with their situations in a positive
way, for their needs, and for the degree of
development of the different areas of the country;
(F) Regulating Iraqi citizenship, immigration, and
asylum; and
(G) Regulating telecommunications policy.
Article 26.
(A) Except as otherwise provided in this Law, the
laws in force in Iraq on 30 June 2004 shall remain
in effect unless and until rescinded or amended by
the Iraqi Transitional Government in accordance
with this Law.
(B) Legislation issued by the federal legislative
authority shall supersede any other legislation
issued by any other legislative authority in the
event that they contradict each other, except as
provided in Article 54(B).
(C) The laws, regulations, orders, and directives
issued by the Coalition Provisional Authority
pursuant to its authority under international law
shall remain in force until rescinded or amended
by legislation duly enacted and having the force
of law.
Article 27.
(A) The Iraqi Armed Forces shall consist of the
active and reserve units, and elements thereof.
The purpose of these forces is the defense of
Iraq.
(B) Armed forces and militias not under the
command structure of the Iraqi Transitional
Government are prohibited, except as provided by
federal law.
(C) The Iraqi Armed Forces and its personnel,
including military personnel working in the
Ministry of Defense or any offices or
organizations subordinate to it, may not stand for
election to political office, campaign for
candidates, or participate in other activities
forbidden by Ministry of Defense regulations. This
ban encompasses the activities of the personnel
mentioned above acting in their personal or
official capacities. Nothing in this Article shall
infringe upon the right of these personnel to vote
in elections.
(D) The Iraqi Intelligence Service shall collect
information, assess threats to national security,
and advise the Iraqi government. This Service
shall be under civilian control, shall be subject
to legislative oversight, and shall operate
pursuant to law and in accordance with recognized
principles of human rights.
(E) The Iraqi Transitional Government shall
respect and implement Iraq’s international
obligations regarding the non-proliferation,
non-development, non-production, and non-use of
nuclear, chemical, and biological weapons, and
associated equipment, materiel, technologies, and
delivery systems for use in the development,
manufacture, production, and use of such weapons.
Article 28.
(A) Members of the National Assembly; the
Presidency Council; the Council of Ministers,
including the Prime Minister; and judges and
justices of the courts may not be appointed to any
other position in or out of government. Any member
of the National Assembly who becomes a member of
the Presidency Council or Council of Ministers
shall be deemed to have resigned his membership in
the National Assembly.
(B) In no event may a member of the armed forces
be a member of the National Assembly, minister,
Prime Minister, or member of the Presidency
Council unless the individual has resigned his
commission or rank, or retired from duty at least
eighteen months prior to serving.
Article 29.
Upon the assumption of full authority by the Iraqi
Interim Government in accordance with Article
2(B)(1), above, the Coalition Provisional
Authority shall be dissolved and the work of the
Governing Council shall come to an end.
CHAPTER FOUR – THE TRANSITIONAL LEGISLATIVE
AUTHORITY
Article 30.
(A) During the transitional period, the State of
Iraq shall have a legislative authority known as
the National Assembly. Its principal mission shall
be to legislate and exercise oversight over the
work of the executive authority.
(B) Laws shall be issued in the name of the people
of Iraq. Laws, regulations, and directives related
to them shall be published in the official gazette
and shall take effect as of the date of their
publication, unless they stipulate otherwise.
(C) The National Assembly shall be elected in
accordance with an electoral law and a political
parties law. The electoral law shall aim to
achieve the goal of having women constitute no
less than one-quarter of the members of the
National Assembly and of having fair
representation for all communities in Iraq,
including the Turcomans, ChaldoAssyrians, and
others.
(D) Elections for the National Assembly shall take
place by 31 December 2004 if possible, and in any
case no later than by 31 January 2005.
Article 31.
(A) The National Assembly shall consist of 275
members. It shall enact a law dealing with the
replacement of its members in the event of
resignation, removal, or death.
(B) A nominee to the National Assembly must
fulfill the following conditions:
(1) He shall be an Iraqi no less than 30 years of
age.
(2) He shall not have been a member of the
dissolved Ba’ath Party with the rank of Division
Member or higher, unless exempted pursuant to the
applicable legal rules.
(3) If he was once a member of the dissolved
Ba’ath Party with the rank of Full Member, he
shall be required to sign a document renouncing
the Ba’ath Party and disavowing all of his past
links with it before becoming eligible to be a
candidate, as well as to swear that he no longer
has any dealings or connection with Ba’ath Party
organizations. If it is established in court that
he lied or fabricated on this score, he shall lose
his seat in the National Assembly.
(4) He shall not have been a member of the former
agencies of repression and shall not have
contributed to or participated in the persecution
of citizens.
(5) He shall not have enriched himself in an
illegitimate manner at the expense of the homeland
and public finance.
(6) He shall not have been convicted of a crime
involving moral turpitude and shall have a good
reputation.
(7) He shall have at least a secondary school
diploma, or equivalent
(8) He shall not be a member of the armed forces
at the time of his nomination.
Article 32.
(A) The National Assembly shall draw up its own
internal procedures, and it shall sit in public
session unless circumstances require otherwise,
consistent with its internal procedures. The first
session of the Assembly shall be chaired by its
oldest member.
(B) The National Assembly shall elect, from its
own members, a president and two deputy presidents
of the National Assembly. The president of the
National Assembly shall be the individual who
receives the greatest number of votes for that
office; the first deputy president the next
highest; and the second deputy president the next.
The president of the National Assembly may vote on
an issue, but may not participate in the debates,
unless he temporarily steps out of the chair
immediately prior to addressing the issue.
(C) A bill shall not be voted upon by the National
Assembly unless it has been read twice at a
regular session of the Assembly, on condition that
at least two days intervene between the two
readings, and after the bill has been placed on
the agenda of the session at least four days prior
to the vote.
Article 33.
(A) Meetings of the National Assembly shall be
public, and transcripts of its meetings shall be
recorded and published. The vote of every member
of the National Assembly shall be recorded and
made public. Decisions in the National Assembly
shall be taken by simple majority unless this Law
stipulates otherwise.
(B) The National Assembly must examine bills
proposed by the Council of Ministers, including
budget bills.
(C) Only the Council of Ministers shall have the
right to present a proposed national budget. The
National Assembly has the right to reallocate
proposed spending and to reduce the total amounts
in the general budget. It also has the right to
propose an increase in the overall amount of
expenditures to the Council of Ministers if
necessary.
(D) Members of the National Assembly shall have
the right to propose bills, consistent with the
internal procedures that drawn up by the Assembly.
(E) The Iraqi Armed Forces may not be dispatched
outside Iraq even for the purpose of defending
against foreign aggression except with the
approval of the National Assembly and upon the
request of the Presidency Council.
(F) Only the National Assembly shall have the
power to ratify international treaties and
agreements.
(G) The oversight function performed by the
National Assembly and its committees shall include
the right of interpellation of executive
officials, including members of the Presidency
Council, the Council of Ministers, including the
Prime Minister, and any less senior official of
the executive authority. This shall encompass the
right to investigate, request information, and
issue subpoenas for persons to appear before them.
Article 34.
Each member of the National Assembly shall enjoy
immunity for statements made while the Assembly is
in session, and the member may not be sued before
the courts for such. A member may not be placed
under arrest during a session of the National
Assembly, unless the member is accused of a crime
and the National Assembly agrees to lift his
immunity or if he is caught in flagrante delicto
in the commission of a felony.
CHAPTER FIVE – THE TRANSITIONAL EXECUTIVE
AUTHORITY
Article 35.
The executive authority during the transitional
period shall consist of the Presidency Council,
the Council of Ministers, and its presiding Prime
Minister.
Article 36.
(A) The National Assembly shall elect a President
of the State and two Deputies. They shall form the
Presidency Council, the function of which will be
to represent the sovereignty of Iraq and oversee
the higher affairs of the country. The election of
the Presidency Council shall take place on the
basis of a single list and by a two-thirds
majority of the members’ votes. The National
Assembly has the power to remove any member of the
Presidency Council of the State for incompetence
or lack of integrity by a three-fourths majority
of its members’ votes. In the event of a vacancy
in the Presidency Council, the National Assembly
shall, by a vote of two-thirds of its members,
elect a replacement to fill the vacancy.
(B) It is a prerequisite for a member of the
Presidency Council to fulfill the same conditions
as the members of the National Assembly, with the
following observations:
(1) He must be at least forty years of age.
(2) He must possess a good reputation, integrity,
and rectitude.
(3) If he was a member of the dissolved Ba’ath
Party, he must have left the dissolved Party at
least ten years before its fall.
(4) He must not have participated in repressing
the intifada of 1991 or the Anfal campaign and
must not have committed a crime against the Iraqi
people.
(C) The Presidency Council shall take its
decisions unanimously, and its members may not
deputize others as proxies.
Article 37.
The Presidency Council may veto any legislation
passed by the National Assembly, on condition that
this be done within fifteen days after the
Presidency Council is notified by the president of
the National Assembly of the passage of such
legislation. In the event of a veto, the
legislation shall be returned to the National
Assembly, which has the right to pass the
legislation again by a two-thirds majority not
subject to veto within a period not to exceed
thirty days.
Article 38.
(A) The Presidency Council shall name a Prime
Minister unanimously, as well as the members of
the Council of Ministers upon the recommendation
of the Prime Minister. The Prime Minister and
Council of Ministers shall then seek to obtain a
vote of confidence by simple majority from the
National Assembly prior to commencing their work
as a government. The Presidency Council must agree
on a candidate for the post of Prime Minister
within two weeks. In the event that it fails to do
so, the responsibility of naming the Prime
Minister reverts to the National Assembly. In that
event, the National Assembly must confirm the
nomination by a two-thirds majority. If the Prime
Minister is unable to nominate his Council of
Ministers within one month, the Presidency Council
shall name another Prime Minister.
(B) The qualifications for Prime Minister must be
the same as for the members of the Presidency
Council except that his age must not be less than
35 years upon his taking office.
Article 39.
(A) The Council of Ministers shall, with the
approval of the Presidency Council, appoint
representatives to negotiate the conclusion of
international treaties and agreements. The
Presidency Council shall recommend passage of a
law by the National Assembly to ratify such
treaties and agreements.
(B) The Presidency Council shall carry out the
function of commander-in-chief of the Iraqi Armed
Forces only for ceremonial and protocol purposes.
It shall have no command authority. It shall have
the right to be briefed, to inquire, and to
advise. Operationally, national command authority
on military matters shall flow from the Prime
Minister to the Minister of Defense to the
military chain of command of the Iraqi Armed
Forces.
(C) The Presidency Council shall, as more fully
set forth in Chapter Six, below, appoint, upon
recommendation of the Higher Juridical Council,
the Presiding Judge and members of the Federal
Supreme Court.
(D) The Council of Ministers shall appoint the
Director-General of the Iraqi National
Intelligence Service, as well as officers of the
Iraqi Armed Forces at the rank of general or
above. Such appointments shall be subject to
confirmation by the National Assembly by simple
majority of those of its members present.
Article 40.
(A) The Prime Minister and the ministers shall be
responsible before the National Assembly, and this
Assembly shall have the right to withdraw its
confidence either in the Prime Minister or in the
ministers collectively or individually. In the
event that confidence in the Prime Minister is
withdrawn, the entire Council of Ministers shall
be dissolved, and Article 40(B), below, shall
become operative.
(B) In the event of a vote of no confidence with
respect to the entire Council of Ministers, the
Prime Minister and Council of Ministers shall
remain in office to carry out their functions for
a period not to exceed thirty days, until the
formation of a new Council of Ministers,
consistent with Article 38, above.
Article 41.
The Prime Minister shall have day-to-day
responsibility for the management of the
government, and he may dismiss ministers with the
approval of an simple majority of the National
Assembly. The Presidency Council may, upon the
recommendation of the Commission on Public
Integrity after the exercise of due process,
dismiss the Prime Minister or the ministers.
Article 42.
The Council of Ministers shall draw up rules of
procedure for its work and issue the regulations
and directives necessary to enforce the laws. It
also has the right to propose bills to the
National Assembly. Each ministry has the right,
within its competence, to nominate deputy
ministers, ambassadors, and other employees of
special grade. After the Council of Ministers
approves these nominations, they shall be
submitted to the Presidency Council for
ratification. All decisions of the Council of
Ministers shall be taken by simple majority of
those of its members present.
CHAPTER SIX – THE FEDERAL JUDICIAL AUTHORITY
Article 43.
(A) The judiciary is independent, and it shall in
no way be administered by the executive authority,
including the Ministry of Justice. The judiciary
shall enjoy exclusive competence to determine the
innocence or guilt of the accused pursuant to law,
without interference from the legislative or
executive authorities.
(B) All judges sitting in their respective courts
as of 1 July 2004 will continue in office
thereafter, unless removed from office pursuant to
this Law.
(C) The National Assembly shall establish an
independent and adequate budget for the judiciary.
(D) Federal courts shall adjudicate matters that
arise from the application of federal laws. The
establishment of these courts shall be within the
exclusive competence of the federal government.
The establishment of these courts in the regions
shall be in consultation with the presidents of
the judicial councils in the regions, and priority
in appointing or transferring judges to these
courts shall be given to judges resident in the
region.
Article 44.
(A) A court called the Federal Supreme Court shall
be constituted by law in Iraq.
(B) The jurisdiction of the Federal Supreme Court
shall be as follows:
(1) Original and exclusive jurisdiction in legal
proceedings between the Iraqi Transitional
Government and the regional governments,
governorate and municipal administrations, and
local administrations.
(2) Original and exclusive jurisdiction, on the
basis of a complaint from a claimant or a referral
from another court, to review claims that a law,
regulation, or directive issued by the federal or
regional governments, the governorate or municipal
administrations, or local administrations is
inconsistent with this Law.
(3) Ordinary appellate jurisdiction of the Federal
Supreme Court shall be defined by federal law.
(C) Should the Federal Supreme Court rule that a
challenged law, regulation, directive, or measure
is inconsistent with this Law, it shall be deemed
null and void.
(D) The Federal Supreme Court shall create and
publish regulations regarding the procedures
required to bring claims and to permit attorneys
to practice before it. It shall take its decisions
by simple majority, except decisions with regard
to the proceedings stipulated in Article 44(B)(1),
which must be by a two-thirds majority. Decisions
shall be binding. The Court shall have full powers
to enforce its decisions, including the power to
issue citations for contempt of court and the
measures that flow from this.
(E) The Federal Supreme Court shall consist of
nine members. The Higher Juridical Council shall,
in consultation with the regional judicial
councils, initially nominate no less than eighteen
and up to twenty-seven individuals to fill the
initial vacancies in the aforementioned Court. It
will follow the same procedure thereafter,
nominating three members for each subsequent
vacancy that occurs by reason of death,
resignation, or removal. The Presidency Council
shall appoint the members of this Court and name
one of them as its Presiding Judge. In the event
an appointment is rejected, the Higher Juridical
Council shall nominate a new group of three
candidates.
Article 45.
A Higher Juridical Council shall be established
and assume the role of the Council of Judges. The
Higher Juridical Council shall supervise the
federal judiciary and shall administer its budget.
This Council shall be composed of the Presiding
Judge of the Federal Supreme Court, the presiding
judge and deputy presiding judges of the federal
Court of Cassation, the presiding judges of the
federal Courts of Appeal, and the presiding judge
and two deputy presiding judges of each regional
court of cassation. The Presiding Judge of the
Federal Supreme Court shall preside over the
Higher Juridical Council. In his absence, the
presiding judge of the federal Court of Cassation
shall preside over the Council.
Article 46.
(A) The federal judicial branch shall include
existing courts outside the Kurdistan region,
including courts of first instance; the Central
Criminal Court of Iraq; Courts of Appeal; and the
Court of Cassation, which shall be the court of
last resort except as provided in Article 44 of
this Law. Additional federal courts may be
established by law. The appointment of judges for
these courts shall be made by the Higher Juridical
Council. This Law preserves the qualifications
necessary for the appointment of judges, as
defined by law.
(B) The decisions of regional and local courts,
including the courts of the Kurdistan region,
shall be final, but shall be subject to review by
the federal judiciary if they conflict with this
Law or any federal law. Procedures for such review
shall be defined by law.
Article 47.
No judge or member of the Higher Juridical Council
may be removed unless he is convicted of a crime
involving moral turpitude or corruption or suffers
permanent incapacity. Removal shall be on the
recommendation of the Higher Juridical Council, by
a decision of the Council of Ministers, and with
the approval of the Presidency Council. Removal
shall be executed immediately after issuance of
this approval. A judge who has been accused of
such a crime as cited above shall be suspended
from his work in the judiciary until such time as
the case arising from what is cited in this
Article is adjudicated. No judge may have his
salary reduced or suspended for any reason during
his period of service.
CHAPTER SEVEN – THE SPECIAL TRIBUNAL AND
NATIONAL COMMISSIONS
Article 48.
(A) The statute establishing the Iraqi Special
Tribunal issued on 10 December 2003 is confirmed.
That statute exclusively defines its jurisdiction
and procedures, notwithstanding the provisions of
this Law.
(B) No other court shall have jurisdiction to
examine cases within the competence of the Iraqi
Special Tribunal, except to the extent provided by
its founding statute.
(C) The judges of the Iraqi Special Tribunal shall
be appointed in accordance with the provisions of
its founding statute.
Article 49.
(A) The establishment of national commissions such
as the Commission on Public Integrity, the Iraqi
Property Claims Commission, and the Higher
National De-Ba’athification Commission is
confirmed, as is the establishment of commissions
formed after this Law has gone into effect. The
members of these national commissions shall
continue to serve after this Law has gone into
effect, taking into account the contents of
Article 51, below.
(B) The method of appointment to the national
commissions shall be in accordance with law.
Article 50.
The Iraqi Transitional Government shall establish
a National Commission for Human Rights for the
purpose of executing the commitments relative to
the rights set forth in this Law and to examine
complaints pertaining to violations of human
rights. The Commission shall be established in
accordance with the Paris Principles issued by the
United Nations on the responsibilities of national
institutions. This Commission shall include an
Office of the Ombudsman to inquire into
complaints. This office shall have the power to
investigate, on its own initiative or on the basis
of a complaint submitted to it, any allegation
that the conduct of the governmental authorities
is arbitrary or contrary to law.
Article 51.
No member of the Iraqi Special Tribunal or of any
commission established by the federal government
may be employed in any other capacity in or out of
government. This prohibition is valid without
limitation, whether it be within the executive,
legislative, or judicial authority of the Iraqi
Transitional Government. Members of the Special
Tribunal may, however, suspend their employment in
other agencies while they serve on the
aforementioned Tribunal.
CHAPTER EIGHT – REGIONS, GOVERNORATES, AND
MUNICIPALITIES
Article 52.
The design of the federal system in Iraq shall be
established in such a way as to prevent the
concentration of power in the federal government
that allowed the continuation of decades of
tyranny and oppression under the previous regime.
This system shall encourage the exercise of local
authority by local officials in every region and
governorate, thereby creating a united Iraq in
which every citizen actively participates in
governmental affairs, secure in his rights and
free of domination.
Article 53.
(A) The Kurdistan Regional Government is
recognized as the official government of the
territories that were administered by the that
government on 19 March 2003 in the governorates of
Dohuk, Arbil, Sulaimaniya, Kirkuk, Diyala and
Neneveh. The term “Kurdistan Regional Government”
shall refer to the Kurdistan National Assembly,
the Kurdistan Council of Ministers, and the
regional judicial authority in the Kurdistan
region.
(B) The boundaries of the eighteen governorates
shall remain without change during the
transitional period.
(C) Any group of no more than three governorates
outside the Kurdistan region, with the exception
of Baghdad and Kirkuk, shall have the right to
form regions from amongst themselves. The
mechanisms for forming such regions may be
proposed by the Iraqi Interim Government, and
shall be presented and considered by the elected
National Assembly for enactment into law. In
addition to being approved by the National
Assembly, any legislation proposing the formation
of a particular region must be approved in a
referendum of the people of the relevant
governorates.
(D) This Law shall guarantee the administrative,
cultural, and political rights of the Turcomans,
ChaldoAssyrians, and all other citizens.
Article 54.
(A) The Kurdistan Regional Government shall
continue to perform its current functions
throughout the transitional period, except with
regard to those issues which fall within the
exclusive competence of the federal government as
specified in this Law. Financing for these
functions shall come from the federal government,
consistent with current practice and in accordance
with Article 25(E) of this Law. The Kurdistan
Regional Government shall retain regional control
over police forces and internal security, and it
will have the right to impose taxes and fees
within the Kurdistan region.
(B) With regard to the application of federal laws
in the Kurdistan region, the Kurdistan National
Assembly shall be permitted to amend the
application of any such law within the Kurdistan
region, but only to the extent that this relates
to matters that are not within the provisions of
Articles 25 and 43(D) of this Law and that fall
within the exclusive competence of the federal
government.
Article 55.
(A) Each governorate shall have the right to form
a Governorate Council, name a Governor, and form
municipal and local councils. No member of any
regional government, governor, or member of any
governorate, municipal, or local council may be
dismissed by the federal government or any
official thereof, except upon conviction of a
crime by a court of competent jurisdiction as
provided by law. No regional government may
dismiss a Governor or member or members of any
governorate, municipal, or local council. No
Governor or member of any Governorate, municipal,
or local council shall be subject to the control
of the federal government except to the extent
that the matter relates to the competences set
forth in Article 25 and 43(D), above.
(B) Each Governor and member of each Governorate
Council who holds office as of 1 July 2004, in
accordance with the law on local government that
shall be issued, shall remain in place until such
time as free, direct, and full elections,
conducted pursuant to law, are held, or, unless,
prior to that time, he voluntarily gives up his
position, is removed upon his conviction for a
crime involving moral turpitude or related to
corruption, or upon being stricken with permanent
incapacity, or is dismissed in accordance with the
law cited above. When a governor, mayor, or member
of a council is dismissed, the relevant council
may receive applications from any eligible
resident of the governorate to fill the position.
Eligibility requirements shall be the same as
those set forth in Article 31 for membership in
the National Assembly. The new candidate must
receive a majority vote of the council to assume
the vacant seat.
Article 56.
(A) The Governorate Councils shall assist the
federal government in the coordination of federal
ministry operations within the governorate,
including the review of annual ministry plans and
budgets with regard to activities in the
governorate. Governorate Councils shall be funded
from the general budget of the State, and these
Councils shall also have the authority to increase
their revenues independently by imposing taxes and
fees; to organize the operations of the
Governorate administration; to initiate and
implement province-level projects alone or in
partnership with international, and
non-governmental organizations; and to conduct
other activities insofar as is consistent with
federal laws.
(B) The Qada’ and Nahiya councils and other
relevant councils shall assist in the performance
of federal responsibilities and the delivery of
public services by reviewing local ministry plans
in the afore-mentioned places; ensuring that they
respond properly to local needs and interests;
identifying local budgetary requirements through
the national budgeting procedures; and collecting
and retaining local revenues, taxes, and fees;
organizing the operations of the local
administration; initiating and implementing local
projects alone or in conjunction with
international, and non-governmental organizations;
and conducting other activities consistent with
applicable law.
(C) Where practicable, the federal government
shall take measures to devolve additional
functions to local, governorate, and regional
administrations, in a methodical way. Regional
units and governorate administrations, including
the Kurdistan Regional Government, shall be
organized on the basis of the principle of
de-centralization and the devolution of
authorities to municipal and local governments.
Article 57.
(A) All authorities not exclusively reserved to
the Iraqi Transitional Government may be exercised
by the regional governments and governorates as
soon as possible following the establishment of
appropriate governmental institutions.
(B) Elections for governorate councils throughout
Iraq and for the Kurdistan National Assembly shall
be held at the same time as the elections for the
National Assembly, no later than 31 January 2005.
Article 58.
(A) The Iraqi Transitional Government, and
especially the Iraqi Property Claims Commission
and other relevant bodies, shall act expeditiously
to take measures to remedy the injustice caused by
the previous regime’s practices in altering the
demographic character of certain regions,
including Kirkuk, by deporting and expelling
individuals from their places of residence,
forcing migration in and out of the region,
settling individuals alien to the region,
depriving the inhabitants of work, and correcting
nationality. To remedy this injustice, the Iraqi
Transitional Government shall take the following
steps:
(1) With regard to residents who were deported,
expelled, or who emigrated; it shall, in
accordance with the statute of the Iraqi Property
Claims Commission and other measures within the
law, within a reasonable period of time, restore
the residents to their homes and property, or,
where this is unfeasible, shall provide just
compensation.
(2) With regard to the individuals newly
introduced to specific regions and territories, it
shall act in accordance with Article 10 of the
Iraqi Property Claims Commission statute to ensure
that such individuals may be resettled, may
receive compensation from the state, may receive
new land from the state near their residence in
the governorate from which they came, or may
receive compensation for the cost of moving to
such areas.
(3) With regard to persons deprived of employment
or other means of support in order to force
migration out of their regions and territories, it
shall promote new employment opportunities in the
regions and territories.
(4) With regard to nationality correction, it
shall repeal all relevant decrees and shall permit
affected persons the right to determine their own
national identity and ethnic affiliation free from
coercion and duress.
(B) The previous regime also manipulated and
changed administrative boundaries for political
ends. The Presidency Council of the Iraqi
Transitional Government shall make recommendations
to the National Assembly on remedying these unjust
changes in the permanent constitution. In the
event the Presidency Council is unable to agree
unanimously on a set of recommendations, it shall
unanimously appoint a neutral arbitrator to
examine the issue and make recommendations. In the
event the Presidency Council is unable to agree on
an arbitrator, it shall request the Secretary
General of the United Nations to appoint a
distinguished international person to be the
arbitrator.
(C) The permanent resolution of disputed
territories, including Kirkuk, shall be deferred
until after these measures are completed, a fair
and transparent census has been conducted and the
permanent constitution has been ratified This
resolution shall be consistent with the principle
of justice, taking into account the will of the
people of those territories.
CHAPTER NINE – THE TRANSITIONAL PERIOD
Article 59.
(A) The permanent constitution shall contain
guarantees to ensure that the Iraqi Armed Forces
are never again used to terrorize or oppress the
people of Iraq.
(B) Consistent with Iraq’s status as a sovereign
state, and with its desire to join other nations
in helping to maintain peace and security and
fight terrorism during the transitional period,
the Iraqi Armed Forces will be a principal partner
in the multi-national force operating in Iraq
under unified command pursuant to the provisions
of United Nations Security Council Resolution 1511
(2003) and any subsequent relevant resolutions.
This arrangement shall last until the ratification
of a permanent constitution and the election of a
new government pursuant to that new constitution.
(C) Upon its assumption of authority, and
consistent with Iraq’s status as a sovereign
state, the elected Iraqi Transitional Government
shall have the authority to conclude binding
international agreements regarding the activities
of the multi-national force operating in Iraq
under unified command pursuant to the terms of
United Nations Security Council Resolution 1511
(2003), and any subsequent relevant United Nations
Security Council resolutions. Nothing in this Law
shall affect rights and obligations under these
agreements, or under United Nations Security
Council Resolution 1511 (2003), and any subsequent
relevant United Nations Security Council
resolutions, which will govern the multi-national
force’s activities pending the entry into force of
these agreements.
Article 60.
The National Assembly shall write a draft of the
permanent constitution of Iraq. This Assembly
shall carry out this responsibility in part by
encouraging debate on the constitution through
regular general public meetings in all parts of
Iraq and through the media, and receiving
proposals from the citizens of Iraq as it writes
the constitution.
Article 61.
(A) The National Assembly shall write the draft of
the permanent constitution by no later than 15
August 2005.
(B) The draft permanent constitution shall be
presented to the Iraqi people for approval in a
general referendum to be held no later than 15
October 2005. In the period leading up to the
referendum, the draft constitution shall be
published and widely distributed to encourage a
public debate about it among the people.
(C) The general referendum will be successful and
the draft constitution ratified if a majority of
the voters in Iraq approve and if two-thirds of
the voters in three or more governorates do not
reject it.
(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.
(E) If the referendum rejects the draft permanent
constitution, the National Assembly shall be
dissolved. Elections for a new National Assembly
shall be held no later than 15 December 2005. The
new National Assembly and new Iraqi Transitional
Government shall then assume office no later than
31 December 2005, and shall continue to operate
under this Law, except that the final deadlines
for preparing a new draft may be changed to make
it possible to draft a permanent constitution
within a period not to exceed one year. The new
National Assembly shall be entrusted with writing
another draft permanent constitution.
(F) If necessary, the president of the National
Assembly, with the agreement of a majority of the
members’ votes, may certify to the Presidency
Council no later than 1 August 2005 that there is
a need for additional time to complete the writing
of the draft constitution. The Presidency Council
shall then extend the deadline for writing the
draft constitution for only six months. This
deadline may not be extended again.
(G) If the National Assembly does not complete
writing the draft permanent constitution by 15
August 2005 and does not request extension of the
deadline in Article 61(D) above, the provisions of
Article 61(E), above, shall be applied.
Article 62.
This law shall remain in effect until the
permanent constitution is issued and the new Iraqi
government is formed in accordance with it
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