Main points of Iraq’s draft constitution

Published August 24, 2005

BAGHDAD, Aug 23: Iraq’s draft constitution brings in a federal system of government with Islamic law as ‘a principal source of legislation’ and enshrines the principle of sharing oil wealth equitably.

The draft was submitted to parliament on Monday by the Shia and the Kurds despite failure to agree on several key points, with Sunnis protesting that without their accord it would be rejected at a referendum.

Following are some of the main articles of the draft constitution:

POLITICAL SYSTEM: The political system is republican, federal, democratic, parliamentary and pluralist.

The Republic of Iraq is made up of a capital, regions, decentralised provincial and local administrations.

A region consists of one or more provinces, and two or more regions have the right to create a single entity by referendum.

Iraq is part of the Muslim world and its Arab people are part of the Arab nation.

The official languages are Arabic and Kurdish which should be used in official institutions such as parliament, the cabinet and courts.

It is illegal to pass laws which contradict democratic or Islamic principles.

REGIONAL GOVERNMENTS: Regional governments have the right to exercise legislative, executive and judicial powers, except for the prerogatives reserved for the federal authorities.

The regional government does what is needed to administer the region, especially setting up internal security forces, such as police, security and region guards.

Regional national assemblies are directly elected by the region’s inhabitants. The regional president is the highest authority in the region with executive powers.

PARLIAMENT: The federal national assembly has one seat for every 100,000 inhabitants. Its members represent the Iraqi people in their entirety. Parliament has a four-year mandate. At least 25 percent of seats are reserved for women.

PRESIDENT: The executive federal power is the president of the republic and the cabinet.

The president is elected by a two-thirds majority in parliament for a four-year term. He must be an Iraqi by birth, born of Iraqi parents and aged at least 40.

The president tasks the leader of the bloc with a majority of seats in parliament to form a government. The prime minister chooses a cabinet and is commander in chief of the armed forces. He must have a university degree and be aged at least 35.

RELIGION: Islam is the religion of the state and ‘a main source’ of the law. The constitution guarantees freedom of religion and freedom to practise religion.

OIL: Oil and gas are the property of all the Iraqi people. The central government manages oil and gas extracted from current wells, in collaboration with the producing regions and provinces.—AFP