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
- 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
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 naturalized.
- 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 Republic of Iraq Symbols, Motto & Capital
- The Republic of Iraq has the National Colors, Flag, Seal, and the National
- The Republic of Iraq Motto is "Liberty, Equality, Justice and
- 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
- The Republic of Iraq acknowledges the right of the People to national
autonomy and self-determination, and the right of minorities to group
- 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
(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
- 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
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
- 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 forces.
- 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
- 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 of the Regional Council serve for a term of four years; they may
be re-elected once.
- The Republic of Iraq powers belong to the national entities for the
following subject matters:
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
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
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.
National Government, President
The executive power of the Republic of Iraq is vested in the national
Government. It includes diplomatic affairs.
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 votes.
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
Everyone eligible to vote has recourse to the Supreme Court for scrutiny of
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 committees.
- 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
- 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
- Articles ( ), ( ) and ( ) of this constitution may be deleted or altered
subject to referandum.
- Laws altering this Constitution require two thirds of the absolute votes
of the Members of Parliament. All laws are void if they are
- Laws have to specify their effective date. They are countersigned without
scrutiny by the Parliamentary President and promulgated in the Official
- 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 President.
- 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
- 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 review;
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 Iraq.
- 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 public law.
- 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 humans.
- 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 instances.
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 Territory.
- 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.
- 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
Freedom of Expression and Information
- Everyone has the right to freely express and disseminate his or her
- The Freedom of the press and other media is guaranteed.
- Everyone has the right to freely retrieve information from publicly
- 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 parties.
- 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 inviolable.
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
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
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
- 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
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
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
- Families, mothers, and minors have the special protection of the Republic
- 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.
Access to courts
- Everyone has free recourse to the courts.
- Everyone has the right to a constitutional judge. Extraordinary courts are
- Persons and groups have recourse to the court acting for other
rightholders not being in a position to seek relief in their own name.
- 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
- No one may be deprived of life, liberty, or property without due process
- No law shall be passed stipulating regulations of the past without due
compensation for all losses.
- 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 seizure.
- 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
(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
- Any restriction must apply generally and not solely to an individual case.
- 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
- 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
- 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
Republic of Iraq Monopolies
Monopolies on objects
No one but the national entities may own heavy weapons or
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
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 rights.
- Such forfeiture and the extent thereof are determined by the Supreme
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.