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Sections of the most recent draft of Iraqi
constitution
27.7.2005
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Assigning Jurists in the
Constitutional Court and Equalizing Women to Men,
Pursuant to Sharia
London: The most recent draft of the Iraqi
constitution, which is supposed to be accomplished
by the middle of next month, states the
permissibility of assigning religion "experts" in
the constitutional federal court and the equality of
women to men, pursuant to the provisions of Islamic
Sharia.
It also prescribes the discussion of three
suggestions to distribute the oil resources. One of
them prescribes granting each province 5% of its oil
production, submitting 65% to the government of the
region, and leaving the rest for the federal
(central) government. This suggestion makes the
Shiite government of the southern region the
wealthiest, followed by the Kurdish northern and the
central Sunni governments. As for the second and
third suggestions, they demand that the central
government runs the oil resources in cooperation
with, or under the supervision of the regional
governments.
The draft stated: "The state guarantees the
fundamental rights of women and their equality to
men, in all fields, pursuant to the provisions of
Islamic Sharia, and assists them to reconcile
between her duties towards the family and her work
in the community." The draft also stresses, "The
eagerness of the state to improve the conditions of
clans and benefit from their values and getting rid
of the side effects that do not cope with the
principles of true religion, law and noble human
values, which aim at strengthening relations within
the community and establishing harmony and peace
among its members."
The religious influence in the draft extends to the
Iraqi individual, who enjoys "all the rights stated
in the international treaties, which Iraq is a party
of, in a manner that does not contradict with the
rules of Islam." The draft also states that the
National Assembly elects "four members (out of a
total of 9) of the Sharia experts and law
professors" in the constitutional court, which is in
charge of "control of the constitutionality of laws
and the interpretation of the articles of the
constitution."
As for the victims of the overthrown Iraqi regime,
the draft states "the state guarantees taking care
of the families of martyrs, political prisoners and
the victims of the practices of the former regime,
and regulates that through a law."
The competence of the federal (central) government
is restricted to the foreign policy, national
security (armed forces), financial policies,
regulating the issues of nationality, asylum and
residence, establishing and regulating the strategic
means of transportation, supervising the investment
of major water resources, regulating the major
sources of electricity power, and setting the
general health, pedagogical and educational policies
of the state.
This draft grants the National Assembly exceptional
competence, in addition to approving sending forces
abroad, and including: approving, upon a suggestion
of the ministers' council, the appointment of the
president and members of the Iraqi army chief of
staff council, and the president and members of the
supreme judiciary council (upon absolute majority)
and the members of the constitutional court (upon a
two-thirds' majority), and the heads of diplomatic
delegations and permanent delegations to
international organizations (upon absolute
majority), approving the announcement of the state
of emergency, the chief of Iraqi intelligence
authority and the president and members of the
national security council.
The National Assembly also has the competence to
"interrogate the republic president, vice president,
prime minister, ministers, and any other officials,
in addition to investigation and requesting
information from them", Prime Minister discharge
(upon absolute majority of all its members). The
republic president is entitled to cancel the
National Assembly decisions, within 15 days of its
issue. Nevertheless, it has the competence to
re-issue them, upon two-thirds' majority. The Prime
Minister is the commander of armed forces. He heads
the ministers, represents Iraq in international
gatherings, and is entitled to discharge ministers,
upon the approval of the National Assembly (absolute
majority).
Al Hayat
www.almendhar.com
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