electronicIraq.net

BY TOPIC
The New Iraqi Constitution

Resource, Electronic Iraq

Sep 13, 2005



INTRODUCTION
Following the invasion of Iraq by the United States, a proposed Iraqi constitution was drafted in 2005 by the interim Iraqi Government and assisted by the occupying forces. According to the de facto law in Iraq, the "Law of Administration for the State of Iraq for the Transitional Period" should be replaced by a new constitution, which will be presented to the Iraqi people for approval in a constitutional ratification referendum to be held no later than October 15, 2005.


KEY DOCUMENTS

  • Draft Iraqi Constitution [PDF format] - as posted by the Coalition Provisional Authority (CPA)



    REPORTS
  • New draft constitution sent for printing, IRIN (19 September 2005)
  • Focus on problems in voter registration, IRIN (1 September 2005)
  • Journalists adopt charter to strengthen media independence, IFJ (23 August 2005)
  • Constitution draft approval unclear, IRIN (23 August 2005)
  • Iraqi Media Leaders Demand Democracy and Free Expression Rights in Constitution, IFJ/IFEX (16 August 2005)
  • Focus on constitutional concerns, IRIN (14 August 2005)
  • Fears grow for women's rights as deadline looms for constitution draft, IRIN (28 July 2005)
  • UN welcomes Sunnis' planned return to constitution drafting, IRIN (27 July 2005)
  • Women alarmed at prospect of rights erosion, UNIFEM says, IRIN (24 July 2005)
  • Iraqi women need to be represented in constitution, IRIN (21 July 2005)
  • Constitutional awareness for female civil servants, IRIN (14 July 2005)
  • Intellectuals call for caring constitution, IRIN (7 July 2005)
  • Annan congratulates new Iraqi president; offers UN help in writing constitution, UN News (6 April 2005)



    KEY DATES

    APRIL 2003: After the Iraq War, U.S. establishes the Coalition Provisional Authority (CPA) as a temporary civil administration for Iraq.

    6 MAY 2003: Ambassador L. Paul Bremer is named Presidential Envoy to Iraq and heads the CPA.

    13 JULY 2003: Establishment of a Iraqi Governing Council with the consent of U.S. occupying powers. The council has 22 male and three female members representing many, but not all relevant religious and political groups in Iraq.

    15 NOVEMBER 2003: Agreement between the CPA and the Iraqi Governing Council to recognize a new transitional administration by June 30, 2004, to assume the

    29 FEBRUARY 2004: Iraqi Governing Council (IGC) unanimously approves an Interim Constitution -- the Transitional Administrative Law.

    3 MARCH 2004: Signing of Interim Constitution postponed due to Ashura bombings.

    5 MARCH 2004: Signing ceremony of the Interim Constitution by CPA and IGC falls apart when five Shia members of the IGC demand lesser minority protection.

    8 MARCH 2004: The IGC signs the Interim Constitution (Transitional Administrative Law) even though the controversial provisions of Art. 61 (C) regarding the veto right of two-thirds of the voters in three or more governorates are still in place and the trio of the Presidency Council (Art. 36) has not been extended to five.

    -- Source: Bern University, International Constitutional Law



    STICKING POINTS IN THE IRAQI CONSTITUTION

    FEDERALISM: Devolution remains a problem, with Sunni Arab groups saying they will reject a federal Iraq. Many Sunnis have been angered by a proposal by leading Shia politician Abdul Aziz al-Hakim for an autonomous region in the oil-rich south. And while both Sunni and Shia Arab groups accept Kurdish autonomy in the north, there is no agreement on how to define Kurdish federalism. The Kurds themselves are seeking demarcated boundaries, control over revenues and a self-contained defence force. Some are also pushing for eventual independence.

    NATURAL RESOURCES: Distribution of the wealth from the world's third largest oil reserves remains a major bone of contention. Sunni Arabs want revenues from oil and other natural resources to be controlled and redistributed by a centralised government structure. The Kurds are seeking to annex oil-rich areas around Kirkuk not currently in their autonomous area and receive a share of the revenue from the oilfields. Shia Iraqis, meanwhile, want a share of revenue from the southern oilfields.

    POWER STRUCTURE: There are still believed to be differences over structuring of authority between the presidency, parliament and the government.

    DE-BAATHIFICATION: Reports say politicians are yet to agree on the terminology used in eradicating the influence of the former Baath regime. The debate appears to be over whether to use the term Baath party or Saddam's Baath.

    THE ROLE OF ISLAM: While delegates have agreed that Islam should be the official state religion, there are differences about the role of clerics and the place of Islam in legislation. Delegates debated whether Islam should be inscribed as the main source of law - the view of the Shia United Iraqi Alliance, the majority bloc in parliament - or just one source of law. There are also differences over the role of Islamic Sharia law, with many Shia delegates urging for Sharia to be adopted in family and civil law.

    -- Source: BBC News



    RELATED LINKS
  • Wikipedia: Proposed Iraqi Constitution

    © 2003-2007 Electronic Iraq/electronicIraq.net, a joint project from Voices in the Wilderness and The Electronic Intifada. Views expressed on this page may or may not be representative of Electronic Iraq or its founders. For website or publication reprint permission, please contact us. All other forms of mass reproduction for educational and activist use are encouraged. Page last updated: Sep 13, 2005 - 12:26:00 PM.