Main points of Iraq constitution

BAGHDAD (AFP) — Iraqi leaders presented the final draft of a new constitution to parliament Sunday ending weeks of tortuous negotiation without winning the endorsement of representatives of the disgruntled Sunni Arab minority.
The 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 battleground now switches to an October 15 referendum.

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

General principles

• “The Iraqi regime is republican, federal, democratic and pluralist.”

• “Iraq is a multinational, multiconfessional and multicultural country. It is part of the Muslim world and its Arab people are part of the Arab nation.”

• The official languages are Arabic and Kurdish, to be used in institutions such as parliament, the Cabinet and courts.

Religion

• “Islam is the religion of the state and a main source of legislation.”

• The constitution guarantees freedom of religion and freedom to practice religion.

Federalism

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

• The constitution, once it is adopted, recognises the Kurdish region.

• After six months, parliament in its first meeting will vote by simple majority on a law regulating the creation of regions.

• One or more provinces have the right to create a region.

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

• Legislative regional power is composed of a sole regional parliament elected directly by the region’s inhabitants in a secret ballot.

• The regional president is the highest authority in the region with executive powers.

• Governorates that are not integrated in a region will be given administrative jurisdiction and adequate financial capacity to administer themselves according to the principles of decentralisation. The governorate’s Cabinet is not placed under the control of any minister or other institution.

• Regions and governorates may open representative offices in embassies and foreign diplomatic missions in order to pursue cultural and social affairs and local development.

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 per cent 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.

— The prime minister is the executive branch’s chief of national policy and the commander-in-chief of the armed forces. The prime minister can relieve ministers of their duties with parliamentary approval.

— It is illegal to pass laws which contradict democratic principles.

Oil

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

— The revenues should be “equitably distributed” throughout the country according to the population size of each region.

— Revenues must distributed around the country in accordance with the population distribution.

Baath Party

— “Saddam Hussein’s Baath” is banned in Iraq.