Located in the Middle East of Asia, Iraq has borders with Turkey, Iran, Kuwait, Saudi Arabia, Jordan, Syria. The population of this country is approx 4,53,18,000 with 4,38,317 square kilometers area. Official languages are Arabic and Kurdish. Ethnically 75% Arab and 15% Kurdish. 95% of Iraq's citizens are Muslim.
Iraq is a multilingual state. The attempt to solve the language problem in the constitution is noteworthy and commendable. Anything that stands in the way of Iraq's political pluralism is prohibited. Iraq is against any kind of terrorism. Balanced recruitment will be provided without any discrimination in the armed forces of Iraq. Everyone is equal under the law in Iraq. Every person shall have the right to personal privacy as long as it does not conflict with the rights of others. Free education at all levels is the right of all Iraqis. The State shall encourage scientific research for peaceful purposes that serve humanity and support various aspects of excellence, creativity, innovation, and ingenuity.
These are positive aspects. Now let's discuss the negative aspects.
Iraq's constitution is not secular. Many things are forbidden on the pretext of 'morality', but morality can vary from person to person. The problems of some small ethnic communities have not been fully resolved.
Admirable Articles of Iraq's Constitution
Article 4
First
The Arabic language and the Kurdish language are the two official languages of Iraq. The right of Iraqis to educate their children in their mother tongue, such as Turkmen, Assyrian, and Armenian shall be guaranteed in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions.
Second
The scope of the term "official language" and the means of applying the provisions of this article shall be defined by a law and shall include:
A. Publication of the Official Gazette, in the two languages;
B. Speech, conversation, and expression in official domains, such as the Council of Representatives, the Council of Ministers, courts, and official conferences, in either of the two languages;
C. Recognition and publication of official documents and correspondence in the two languages;
D. Opening schools that teach the two languages, in accordance with the educational guidelines;
E. Use of both languages in any matter enjoined by the principle of equality such as bank notes, passports, and stamps.
Third
The federal and official institutions and agencies in the Kurdistan region shall use both languages.
Fourth
The Turkomen language and the Syriac language are two other official languages in the administrative units in which they constitute density of population.
Fifth
Each region or governorate may adopt any other local language as an additional official language if the majority of its population so decides in a general referendum.
Article 5
The law is sovereign. The people are the source of authority and legitimacy, which they shall exercise in a direct, general, secret ballot and through their constitutional institutions.
Article 7
First
Any entity or program that adopts, incites, facilitates, glorifies, promotes, or justifies racism or terrorism or accusations of being an infidel (takfir) or ethnic cleansing, especially the Saddamist Ba'ath in Iraq and its symbols, under any name whatsoever, shall be prohibited. Such entities may not be part of political pluralism in Iraq. This shall be regulated by law.
Second
The State shall undertake to combat terrorism in all its forms, and shall work to protect its territories from being a base, pathway, or field for terrorist activities.
Article 9 (Part of it)
First
A. The Iraqi armed forces and security services will be composed of the components of the Iraqi people with due consideration given to their balance and representation without discrimination or exclusion. They shall be subject to the control of the civilian authority, shall defend Iraq, shall not be used as an instrument to oppress the Iraqi people, shall not interfere in the political affairs, and shall have no role in the transfer of authority.
B. The formation of military militias outside the framework of the armed forces is prohibited.
E. The Iraqi Government shall respect and implement Iraq's international obligations regarding the non-proliferation, non-development, non-production, and non-use of nuclear, chemical, and biological weapons, and shall prohibit associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons.
Article 13
First
This Constitution is the preeminent and supreme law in Iraq and shall be binding in all parts of Iraq without exception.
Second
No law that contradicts this Constitution shall be enacted. Any text in any regional constitutions or any other legal text that contradicts this Constitution shall be considered void.
Article 14
Iraqis are equal before the law without discrimination based on gender, race, ethnicity, nationality, origin, color, religion, sect, belief or opinion, or economic or social status.
Article 15
Every individual has the right to enjoy life, security and liberty. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority.
Article 16
Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the necessary measures to achieve this are taken.
Article 17
First
Every individual shall have the right to personal privacy so long as it does not contradict the rights of others and public morals.
Second
The sanctity of the homes shall be protected. Homes may not be entered, searched, or violated, except by a judicial decision in accordance with the law
Article 23
First
Private property is protected. The owner shall have the right to benefit, exploit and dispose of private property within the limits of the law.
Second
Expropriation is not permissible except for the purposes of public benefit in return for just compensation, and this shall be regulated by law.
Third
A. Every Iraqi shall have the right to own property anywhere in Iraq. No others may possess immovable assets, except as exempted by law.
B. Ownership of property for the purposes of demographic change is prohibited.
Article 30 (Part of it)
First
The State shall guarantee to the individual and the family - especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing.
Article 31
First
Every citizen has the right to health care. The State shall maintain public health and provide the means of prevention and treatment by building different types of hospitals and health institutions.
Second
Individuals and entities have the right to build hospitals, clinics, or private health care centers under the supervision of the State, and this shall be regulated by law.
Article 32
The State shall care for the handicapped and those with special needs, and shall ensure their rehabilitation in order to reintegrate them into society, and this shall be regulated by law.
Article 33
First
Every individual has the right to live in safe environmental conditions.
Second
The State shall undertake the protection and preservation of the environment and its biological diversity.
Article 34
First
Education is a fundamental factor for the progress of society and is a right guaranteed by the state. Primary education is mandatory and the state guarantees that it shall combat illiteracy.
Second
Free education in all its stages is a right for all Iraqis.
Third
The State shall encourage scientific research for peaceful purposes that serve humanity and shall support excellence, creativity, invention, and different aspects of ingenuity.
Fourth
Private and public education shall be guaranteed, and this shall be regulated by law.
Article 37
First
A. The liberty and dignity of man shall be protected.
B. No person may be kept in custody or investigated except according to a judicial decision.
C. All forms of psychological and physical torture and inhumane treatment are prohibited. Any confession made under force, threat, or torture shall not be relied on, and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law.
Article 39
First
The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law.
Second
It is not permissible to force any person to join any party, society, or political entity, or force him to continue his membership in it.
Article 40
The freedom of communication and correspondence, postal, telegraphic, electronic, and telephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosed except for legal and security necessity and by a judicial decision.
Article 127
The President of the Republic, the Prime Minister, members of the Council of Ministers, the Speaker of the Council of Representatives, his two Deputies, members of the Council of Representatives, members of the Judicial Authority, and people of special grades may not use their influence to buy or rent any state properties, to rent or sell any of their assets to the state, to sue the state for these assets, or to conclude a contract with the state under the pretense of being building contractors, suppliers, or concessionaires.
Facts of Iraq's Constitution
Preamble
In the name of God, the Most merciful, the Most compassionate
"We have honored the sons of Adam"
We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the Prophet prayed, philosophers and scientists theorized, and writers and poets excelled;
Acknowledging God's right over us, and in fulfillment of the call of our homeland and citizens, and in a response to the call of our religious and national leaderships and the determination of our great authorities and of our leaders and politicians, and in the midst of international support from our friends and those who love us, marched for the first time in our history towards the ballot boxes by the millions, men and women, young and old, on the thirtieth of January 2005, invoking the pains of sectarian oppression inflicted by the autocratic clique and inspired by the tragedies of Iraq's martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all other components of the people, and recollecting the darkness of the ravage of the holy cities and the South in the Sha'abaniyya uprising and burnt by the flames of grief of the mass graves, the marshes, Al-Dujail and others and articulating the sufferings of racial oppression in the massacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of the Turkmen in Bashir and the sufferings of the people of the western region, as is the case in the remaining areas of Iraq where the people suffered from the liquidation of their leaders, symbols, and Sheiks and from the displacement of their skilled individuals and from drying out of its cultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create our new Iraq, the Iraq of the future, free from sectarianism, racism, complex of regional attachment, discrimination, and exclusion.
Accusations of being infidels, and terrorism did not stop us from marching forward to build a nation of law. Sectarianism and racism have not stopped us from marching together to strengthen our national unity, following the path of peaceful transfer of power, adopting the course of just distribution of resources, and providing equal opportunity for all.
We, the people of Iraq, of all components and across the spectrum, have taken upon ourselves to decide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, and to enact this permanent Constitution, through the values and ideals of the heavenly messages and the findings of science and man's civilization. The adherence to this Constitution preserves for Iraq its free union of people, of land, and of sovereignty.
Article 2
First
Islam is the official religion of the State and is a foundation source of legislation:
A. No law may be enacted that contradicts the established provisions of Islam
B. No law may be enacted that contradicts the principles of democracy.
C. No law may be enacted that contradicts the rights and basic freedoms stipulated in this Constitution.
Second
This Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.
Article 3
Iraq is a country of multiple nationalities, religions, and sects. It is a founding and active member in the Arab League and is committed to its charter, and it is part of the Islamic world.
Article 38
The State shall guarantee in a way that does not violate public order and morality:
First. Freedom of expression using all means.
Second. Freedom of press, printing, advertisement, media and publication.
Third. Freedom of assembly and peaceful demonstration, and this shall be regulated by law.
Article 43
First
The followers of all religions and sects are free in the:
A. Practice of religious rites, including the Husseini rituals.
B. Management of religious endowments (waqf), their affairs, and their religious institutions, and this shall be regulated by law.
Second
The State shall guarantee freedom of worship and the protection of places of worship.
Article 45
Second
The State shall seek the advancement of the Iraqi clans and tribes, shall attend to their affairs in a manner that is consistent with religion and the law, and shall uphold their noble human values in a way that contributes to the development of society. The State shall prohibit the tribal traditions that are in contradiction with human rights.
Article 50
Each member of the Council of Representatives shall take the following constitutional oath before the Council prior to assuming his duties:
"I swear by God Almighty to carry out my legal duties and responsibilities with devotion and integrity and preserve the independence and sovereignty of Iraq, and safeguard the interests of its people, and ensure the safety of its land, sky, water, wealth, and federal democratic system, and I shall endeavor to protect public and private liberties, the independence of the judiciary, and pledge to implement legislation faithfully and neutrally. God is my witness."
Article 119
One or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of the following two methods:
First. A request by one-third of the council members of each governorate intending to form a region.
Second. A request by one-tenth of the voters in each of the governorates intending to form a region.
Article 120
Each region shall adopt a constitution of its own that defines the structure of powers of the region, its authorities, and the mechanisms for exercising such authorities, provided that it does not contradict this Constitution.
Article 125
This Constitution shall guarantee the administrative, political, cultural, and educational rights of the various nationalities, such as Turkomen, Chaldeans, Assyrians, and all other constituents, and this shall be regulated by law.
