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Text-Excerpts from Iraqi constitution put
to referendum
11.10.2005
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Oct 11 (Reuters) -
Following are excerpts from the constitution on
which Iraqis vote in a referendum on Saturday. They
are grouped under Reuters headings:
PREAMBLE
"... We rushed in the millions to the ballot boxes
for the first time in our history -- men, women, the
old and the young -- on Jan. 30, 2005, remembering
the pains of sectarian repression practised by the
despotic band, inspired by the tragedies of Iraq's
martyrs; Shi'ites, Sunnis, Arabs, Kurds and Turkmen
and other martyrs, inspired by the tyranny practised
against the holy cities in the popular Intifada, the
Marsh region, the national repression in the
massacres of Halabja, Barazan, the Anfal campaign,
the Fayli Kurds, the Turkmen in Bashir, the
suffering of the people of the western region.
"Terrorism and the denunciation of people as
infidels have not stopped us going forward to build
a state of law, and sectarianism and racism have not
stopped us from strengthening national unity."
ARTICLES:
STRUCTURE, LAW AND RELIGION:
"The republic of Iraq is an independent sovereign
state with a system of government that is
republican, parliamentary, democratic and federal."
"Islam is the official religion of the state, and it
is a main source for legislation. No law can be
passed that contradicts the fixed principles of
Islam's rulings. No law can be passed that
contradicts the principles of democracy. No law can
be passed that contradicts basic rights and freedoms
mentioned in this constitution."
"This constitution guarantees the Islamic identity
of the majority of the Iraqi people, as well as
complete religious rights for all individuals to
freedom of beliefs and religious practice like
Christians, Yazidis and Sabeans."
"Iraq is a multi-ethnic and multi-religious country
and it is part of the Islamic world, and an
effective founding member the Arab League and abides
by its charter."
LANGUAGE:
"The Arabic language and Kurdish language are the
two official languages of Iraq, and the right of
Iraqis to educate their children in mother tongues
such as Turkmen and Syriac in government teaching
establishments ... or any other language in private
institutions is guaranteed."
"The official gazette should be published in both
languages."
"Speech and expression in official forums such as
parliament, government, courts and conferences can
be in either of the two languages."
"Federal institutions and bodies in the Kurdistan
region will use the two languages."
POWER AND VOTING:
"The law has sovereignty, the people are the source
of authorities and their legitimacy, and they
practise this via direct secret ballot and their
constitutional institutions."
"Rotation of power is practised peacefully via the
democratic institutions outlined in this
constitution."
"All bodies or practices are forbidden which use
racism, terrorism, denouncing people as infidels,
sectarian cleansing or which incite, prepare,
praise, promote or justify them, in particular the
Saddamist Baath party in Iraq and its symbols under
any name, which cannot be part of political
pluralism in Iraq, and this will be organised by
law."
SECURITY AND FOREIGN AFFAIRS:
"The state is committed to combating terrorism in
all its forms and act to protect its borders from
being used for terrorist activity."
"Iraq respects the integrity of its neighbours and
is committed to not interfering in the internal
affairs of other countries and it strives to seek
peaceful solutions to conflicts and will pursue ties
based on mutual interests and will respect its
international commitments."
"Iraqi armed forces and security forces will be made
up of all components of the Iraqi people without
discrimination or marginalisation ... They defend
Iraq and will not be used as a tool to oppress the
Iraqi people and will not interfere in political
issues and has no role in the rotation of power."
"Militias cannot be formed outside the framework of
the armed forces."
"The Iraqi government respects and implements Iraq's
international commitments preventing the spread,
development, production and use of nuclear, chemical
and biological weapons..."
NATIONALITY:
"An Iraqi is anyone born to an Iraqi father or
mother. Iraqi nationality is the right of every
Iraqi and basis of citizenship ... Iraqis can have
numerous nationalities, and anyone who occupies a
sovereign or high security post must relinquish any
other nationality, and this will be organised by
law."
PRESIDENT AND PARLIAMENT:
"Parliament will sit for four years ... elections
for a new parliament will be held 45 days before the
end of the current session."
"The president of the republic can be called to
parliament for questioning if an absolute majority
of members demand it ... An absolute majority of
parliamentary members can withdraw confidence in any
minister, after which the minister will be relieved
(of his post) ... The president of the republic can
ask parliament to withdraw confidence in the prime
minister ... Parliament can withdraw confidence in
the prime minister through an absolute majority;
cabinet is dissolved if confidence is withdrawn in
the prime minister."
"The president of the republic is elected for four
years and can be elected only once."
OIL AND GAS:
"Oil and gas are the property of all the Iraqi
people in all regions and provinces."
"The federal government manages oil and gas from
current fields with the governments of the producing
regions and provinces, and the resources should be
distributed in a fair manner appropriate to the
population balance around the entire country, with
specific temporary allocations for regions damaged
and unfairly neglected under the previous regime
..."
"Federal government and governments of producing
regions and provinces will together draw the
necessary strategic policies to develop oil and gas
wealth for the good of the Iraqi people ..."
"Each province or more has the right to form a
region through a request for a referendum, presented
by either a third of the assemblies of the provinces
involved, or a tenth of voters in the provinces
involved."
Reuters
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