Draft Constitution for New
The Republic of Iraq
The Republic of Iraq Form
- The Republic of Iraq is a parliamentary, sovereign and democratic republic. All entities
of the Republic of Iraq must yield to these principles.
- This Constitution is the supreme law of the Republic of Iraq; it is directly binding on
all Republic of Iraq authority. The general rules of public international law constitute
an integral, inviolable part of the national law.
The Republic of Iraq Citizens and Language
- Citizens of the Republic of Iraq are all humans who are children of a citizen of the
Republic of Iraq, who are born in the Territory of the Republic of Iraq, or who are
- The official language in the Republic of Iraq is the Arabic Language. The Kurdish
language or any other language shall be the official language besides the Arabic language
in a region where ever decided by the people of the region.
The Republic of Iraq Symbols, Motto & Capital
- The Republic of Iraq has the National Colors, Flag, Seal, and the National Anthem.
- The Republic of Iraq Motto is "Liberty, Equality, Justice and Solidarity."
- The capital of the Republic of Iraq is Baghdad.
The Republic of Iraq Objectives
General Constitutional Objectives
- The Republic of Iraq promotes justice and universal protection of human rights as
individual rights. The Republic of Iraq encourages fraternity among its citizens by
establishing solidarity, general welfare, and national unity.
- The Republic of Iraq acknowledges the right of the People to national autonomy and
self-determination, and the right of minorities to group autonomy.
The Republic of Iraq promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical and religious objects;
(f) environmental protection, intergenerational equity, and the protection of nature for
its intrinsic value including the protection of nature's right;
(g) Natural and social sciences.
Republic of Iraq Security
- The Republic of Iraq promotes worldwide peace. Acts undertaken to prepare war or to
otherwise disturb the peaceful relations between nations are unconstitutional.
- The Republic of Iraq takes adequate measures to preserve its integrity even in the state
of war or civil war.
- The Republic of Iraq protects the People against terrorism, extremism, and catastrophes.
The Republic of Iraq Organization
- Absent of special provisions, elections are universal, direct, free, equal, and secret.
- Elections are always free and equal.
- Elections are always secret if a person eligible to vote or be elected so demands.
- Elected representatives are only bound by their conscience. They are servants of all,
not only of their constituents.
- The Republic of Iraq separates executive, legislative, and adjudicative powers. Offices
in different powers are incompatible with each other. Offices in national entities are
incompatible with any public office on a lower level and with any other salaried office,
private or public. Political offices are incompatible with active duty in the armed
- The Republic of Iraq acknowledges national, regional, and local autonomy.
- Autonomy is bound to the principle of democratic organization.
Decentralization, Mutual Assistance
- Republic of Iraq powers belong to the Regions if not assigned to the national entities
by this Constitution.
- The Regions are bound to convey powers to the Communes if adequate use of those powers
is possible on the local level.
- All powers of the Republic of Iraq have to render each other legal and administrative
- The regions are represented in the Regional Council.
- The Regional Council consists of 200 members. Each region is represented in proportion
to its share of citizens eligible to vote; at least by two members.
- Members of the Regional Council serve for a term of four years; they may be re-elected
- The Republic of Iraq powers belong to the national entities for the following subject
a) Republic of Iraq defense,
b) foreign relations,
d) infrastructure and traffic,
f) solidarity systems,
g) private, criminal, and procedural law,
h) educational and other standards,
i) And all other subject matters which by their very nature or as a corollary to the
subjects listed have to be centralized on the national level.
- The Republic of Iraq may give up sovereign powers to international or supranational
bodies, including systems of mutual collective security and trade organizations, as long
as it retains an adequate representation in those bodies and those bodies guarantee
sufficient legal protection for the Citizens.
Representation of the Republic of Iraq
Head of the Republic of Iraq
- The President is the head of the Republic of Iraq. He or she has the
right of pardon, to conduct foreign affairs, and to all other representative functions of
the Republic of Iraq.
The President and Vice-President are elected by the National
Parliament with precedence over all other business. Their office ends after four non
renewable year term or impeachment.
- Every resident citizen with the right to vote who has attained the age of thirty-five is
eligible for the office of President or Vice-President.
- Before taking office, President and Vice-Presidents take the following Oath or
Affirmation: "I do solemnly swear that I will faithfully execute this office,
honoring and protecting the Constitution of the Republic of Iraq."
- The President shall not be held accountable for actions performed in the
exercise of his office except in the case of high treason, may be indicted only by the
National Parliament, and shall be tried only by the Supreme Court.
The executive power of the Republic of Iraq is vested in the
national Government. It includes diplomatic affairs.
National Government, President
- The President is the head of the National Government. The President chooses the National
Ministers. The National Parliament approves the National Ministers by majority of the
- The President is Commander in Chief of the Armed Forces.
An impeachment of the President by the National
Parliament takes the form of a new presidential election.
Regional Equalization of Finances
The Republic of Iraq provides for an overall
equalization of finances, giving due consideration to the regions' respective debts,
burdens, economic power, and infrastructural responsibilities.
- The legislative power is vested in the National Parliament.
- The National Parliament consists of 400 members. Members of the National Parliament are
residents publicly elected by the People. Each region elects among its residents in
proportion to its share of citizens eligible to vote. Their office ends after a four-year
term or when they lose their electoral rights.
- Everyone eligible to vote has recourse to the Supreme Court for scrutiny of the
- The national parliament draws up its own rules of procedures and elects a parliamentary
president and parliamentary vice-presidents.
- Decisions of the National Parliament require a majority of the votes cast (simple
majority) unless this Constitution provides otherwise.
Rights of Members of Parliament
Members of Parliament are only bound by their conscience.
- Members of Parliament may not be subjected to court proceedings or disciplinary action
for a vote cast or a statement made by them in the National Parliament or in any of its
- Members of Parliament may not be called to account or be arrested except by permission
of the National Parliament.
- Members of Parliament are entitled to adequate remuneration ensuring their independence.
The remuneration may not be altered for the present term.
Bills can be introduced only by the Members of Parliament or
by one percent or more of the citizens (Public initiative). Bills can specify the
additional requirement of a public referendum after they have been voted upon.
- The Regional Council has to be informed immediately of any bill introduced. Members of
the Regional Council have the right to be heard during sessions according to the same
rules as govern the participation of Members of Parliament.
- Articles ( ), ( ) and ( ) of this constitution shall not be deleted or altered.
- Articles ( ), ( ) and ( ) of this constitution may be deleted or altered subject to
- Laws altering this Constitution require two thirds of the absolute votes of the Members
of Parliament. All laws are void if they are unconstitutional.
- Laws have to specify their effective date. They are countersigned without scrutiny by
the Parliamentary President and promulgated in the Official National Publication.
- Bills can be submitted to a referendum if provided by parliamentary decision or as part
of the initiative.
The bill for the yearly budget law is introduced by the
- Budget laws are not subjected to referendums.
The President signs treaties with other states.
- The legislative power of the National Parliament includes the power to ratify treaties
with other states.
- Treaties not ratified within six months have to be revoked by the President.
Laws may empower National Ministers to adopt National
Ordinances regarding a specified subject matter.
- National Ordinances do not require ratification by Parliament.
State of Emergency
In cases of grave and immediate threat to the existence of the
Republic of Iraq, the President may take necessary measures of defense.
- All emergency measures must be confirmed or revoked by the Parliament at the earliest
time possible but not later than 90 days after these measures are taken. The President is
bound by the Parliaments' decisions.
The parliamentary Ombudsman safeguards fundamental
rights and liberties and controls the compliance of all Republic of Iraq powers with the
provisions of this Constitution.
- The adjudicative power is vested in independent courts.
- Judges are citizens elected by the parliament. They are independent. Their office ends
at time of retirement or when they lose their electoral rights.
The Supreme Court decides issues involving this Constitution.
In particular, the Supreme Court has jurisdiction over:
a)disputes between Republic of Iraq entities concerning their respective rights and
duties under this Constitution;
b)challenges of a national or regional entity, a Court in the course of its determination,
or a third of the Members of Parliament against the constitutionality of a law;
c)claims of individuals regarding violations of their constitutional rights;
d)popular complaints about the violation of fundamental rights;
e)challenges of an act of a Republic of Iraq power by the Ombudsman;
f)cases on appeal from National Courts as the Supreme Court deems necessary to
g)All other cases assigned to its jurisdiction by law.
- Decisions of the supreme court are directly binding for all entities of the Republic of
- The office of Supreme Court Justices does not exceed a period of 15 years.
National courts have supreme jurisdiction over review and
other matters assigned to it by law.
- Separate national courts shall be established for private law, penal law, and general
- The supreme court decides by extraordinary review in cases of inconsistent application
of the law by different national courts.
- The Republic of Iraq acknowledges liberty and equality of all
- Human dignity must be respected in any case.
- Everyone is free to do or not to do whatever he or she chooses. Everyone is responsible
for acts freely chosen.
- The Republic of Iraq ensures that the quality of an Iraqi shall never be held in doubt
because of faith, belief or presumed loyalty.
- People have rights for no other reason than that they exist as individual human beings.
These rights are not a gift from others.
- Slavery is abolished.
Fundamental rights apply to natural persons, domestic and
foreign, who are assigned these rights. They apply to legal persons, domestic and foreign,
where, and to the extent that, the nature of the rights permits.
- Fundamental rights are inviolable and inalienable. They include the freedom not to make
use of them. Their exercise may, in single instances, be waved by free and responsible
declaration of the rightholder, but such declaration is never binding for future
Liberties and Property
Everyone has the right to life and bodily integrity.
- Everyone has the right to remain free.
- All citizens are free to reside anywhere in, move throughout, enter, and leave the
- Capital and corporal punishment are abolished.
- Torture is prohibited.
Property Integrity and Related Rights
- Everyone has the right to acquire, own, possess, exclusively use, and convey private
- Property may not be taken without due compensation.
Right to Testify and Inherit
Everyone has the right to testify and inherit.
Freedom of Religion and Belief
- Everyone has the right to choose and practice his or her religion, creed,
conscience, faith, confession, and belief.
- Everyone can refuse to give religious instructions.
Freedom of Communication
Everyone has the right to freely express and disseminate his or her opinions.
Freedom of Expression and Information
- The Freedom of the press and other media is guaranteed.
- Everyone has the right to freely retrieve information from publicly available sources.
- Censorship is abolished.
Right to Assemble and Associate
- Everyone has the right to peacefully assemble.
- Everyone has the right to associate with others. This includes association in political
- Every adult has the right to marry one partner.
Right to Privacy
- Everyone has the right to privacy.
- The home is inviolable.
- The privacy of letters as well as the secrecy of mail and telecommunication is
Freedom of Profession and Activities
Freedom of Profession
- All citizens have the right to freely choose their occupation, their place of work,
and their place of study or training.
- There is no duty to work. Forced labor is prohibited.
Freedom of Research, Science, and Teaching
- Everyone has the right to research and conduct science.
- Everyone has the right to perform arts.
- Everyone has the right to teach and to found private schools.
All resident adults have the equal right to vote and to be elected. In national
elections, only citizens have this right.
- There is no compulsory voting.
- Anyone who has attained the age of eighteen years is an adult.
Right to Petition
Everyone has the right to address written petitions to the competent
agencies, to governments, and to parliaments.
Freedom of Citizenship
- Citizens can at any time give up their citizenship.
- Citizens may at no time be forced to give up their citizenship.
Right to Self-Determination and Resistance
- Everyone has the right to collective self-determination including the right to
decide about membership in regional or local entities. The Republic of Iraq guarantees
these rights through adequate powers of decentralized regional and local governments.
- All citizens have the right to civil disobedience and resistance against attempts to
abolish this constitutional order, should no other remedy be available.
Right to Found Political Parties
- Everyone has the right to found political parties respecting the principles of the
Constitution, sovereignty, and democracy.
- Everyone is free to carry on political activities in or with such parties.
Freedom of Procreation and Childbearing
Everyone has the right to procreation.
- Parents have the right to bringing up and educating their children. They have the right
to decide about their children's participation in religious instructions.
All humans are equal before the law.
- Matrimonial equality and legitimacy equality are guaranteed.
- All citizens are equally eligible for public office according to their professional
Prohibition of Discrimination and Privileges
- No person may be discriminated against or privileged on the basis of sex, gender,
origin, race, language, parentage, creed, faith, or nobility.
- Measures for the advancement of persons are admissible to remedy past discrimination.
Abolishment of Nobility
No title of nobility is granted by the Republic of Iraq. Titles of
nobility are no longer part of the family name.
Right to Protection
- Protection of human dignity is a duty of the Republic of Iraq.
- The institution of marriage has the special protection of the Republic of Iraq.
- Families, mothers, and minors have the special protection of the Republic of Iraq.
- Everyone persecuted on political grounds has the right to asylum.
Part V Welfare Rights
Everyone has the right to livelihood, health care, shelter, and education.
- Mothers have the special support of the Republic of Iraq.
Everyone has free recourse to the courts.
Everyone has the right to a constitutional judge. Extraordinary courts are not allowed.
Persons and groups have recourse to the court acting for other rightholders not being in
a position to seek relief in their own name.
Access to courts
- Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible.
Everyone has the right of access to all Republic of Iraq information required for the
exercise or protection of any of his or her rights.
- No one may be deprived of life, liberty, or property without due process of law.
- No law shall be passed stipulating regulations of the past without due compensation for
No act may be punished unless it constituted a criminal
offence under the law before having been committed.No one may be punished for the same act
more than once .
- Only judges may indict or summons persons or issue warrants for arrest, search, or
- Everyone accused or arrested enjoys the right:
(a) to a speedy and public trial,
(b) to be presumed innocent until proven guilty,
(c) not to be a witness against himself,
(d) promptly to be informed about the reason of accusation or detention and about the
right to be silent,
(e) to counsel for defense,
(f) to communicate with next-of-kin, partner, and legal, medical, and religious counselor,
(g) to be released no later than 24 hours after the arrest if not further detained after
court hearing, and
(h) To redress in case of false imprisonment.
- Liability for punishment is individual and never collective.
Prohibition of Extradition
No citizen may be extradited to a foreign country.
The Republic of Iraq can apply restrictions on individual
rights only for the purpose of protecting individual rights of other persons or furthering
other Republic of Iraq interests explicitly mentioned in this Constitution.
Any restriction on individual rights must be competent
and narrowly tailored to further the constitutional interest. Such restriction must be an
adequate means to achieve the purpose of furthering the constitutional interest. Under no
circumstances may the essence of a fundamental right be infringed.
Any restriction must apply generally and not solely to an
- Possession and use of drugs resulting in strong and imminent danger for the general
public is prohibited.
- Possession and use of firearms and other weapons without a permit is prohibited.
Parents have the duty to rear and educate their minor children.
- Adults have the duty to support and assist their parents if they are in need.
- Parents and children have the duty to ensure that minors attend public schools or
equivalent institutions (compulsory schooling). Vocational schools and certified private
schools are equivalent to public schools.
- Every citizen of age serves one year in the Armed Forces, in the unarmed civil
services, or in equivalent non-profit services.
- Whoever desires not to serve is liable to compensate the community.
The Republic of Iraq levies taxes from the citizens.
- The Republic of Iraq levies taxes throughout the Territory.
The Republic of Iraq establishes the requirements for mandatory insurance.
Republic of Iraq Monopolies
Monopolies on objects
No one but the national entities may own heavy weapons or ultra-hazardous
Monopolies on activities
- No one but the national entities may coin or print money.
- The Republic of Iraq retains the monopoly on mail and telecommunication networks.
Forfeiture of Fundamental Rights
Forfeiture of Rights
- Persons and political parties who
abuse fundamental rights in order to combat the free democratic basic order forfeit these
- Such forfeiture and the extent thereof are determined by the Supreme Court.
Deprivation of Electoral Rights
By final court order, the right to vote and to be
elected can, partially or at large, temporarily or unlimited, be suspended if an adult:
- has not the requisite mental capacity for any legal responsibility or
- Has irrevocably been sentenced to at least one year of imprisonment.