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By the Editors:
These proposed amendments are partly based on proposals made by the Kurdistan Institute for Elections, combined with our thoughts. They are offered here as a basis for discussion. Let us know what you think about them and any other aspects of the Draft Constitution.
Proposed changes —
Kurdistan Parliament – Iraq
Draft Constitution of
Kurdistan Region – Iraq
Approved by Kurdistan Parliament – Iraq
On the 24th of June 2009
In the Name of God, the Most Gracious, the Most Merciful
The Preamble
We, the people of Iraqi Kurdistan,
Acknowledging that successive generations of our people have suffered from oppression, persecution, tyranny and campaigns of genocide, that they have been deprived and dispossessed of their rights to freedom, equality and justice, which were granted by God to all of mankind; carrying out crimes against humanity and ethnic cleansing the history has rarely witnessed such unprecedented acts; presented by the removal of about four thousands five hundred villages and change demographic features in large parts of Iraq-Kurdistan by forced displacement of its population, forcing them to change their nationality, using chemical weapons and other internationally forbidden weapons against civilians in Halabcha city, Balisan, Garmyan, Bahdinan and other wide areas, and gave thousands of Fayli Kurds to their death in the fields of chemical testing and genocide campaigns after that of the remaining abandoned out of Iraq and their Iraq nationality was shot down, followed by genocide campaigns including more than eight thousands of Baraznis, and the Anfal genocide operation that claimed more than 182 thousand people.
Cherishing the leaders and symbols of the Kurdish Liberation Movement, its Peshmerga fighters, and its devoted martyrs; appreciating the sacrifices they offered for our freedom, for the defense of our dignity, the protection of our nation, and in order to safeguard our right to determine our destiny in our own complete free will and honoring the mission, the goals and the values for which they sacrificed so much; aiming to establish a developed and civilized Kurdish society which prides itself on its ethnic and religious groups, open to all, unleashes the energies of its citizens, and where a spirit of fraternity and tolerance prevails; seeking to build Kurdistan as a nation united for all, founded upon democratic values, enlightened by the principles of human rights, where law and justice prevail; striving to anchor good governance that emanates from our free will, embodies our hopes, and honors our sacrifices so our choices have become unified, and our desire converges with that of the other components of the people of Iraq and its national forces for Iraqi Kurdistan to be a federal region within the federal state of Iraq; as an embodiment of this desire, and a fulfillment of these aims, we have adopted this constitution.
Section One
Fundamental Principles
Article 1:
The Iraqi Kurdistan Region is a region within theFederalStateofIraq. It is a democratic republic with a parliamentary political system that is based on political pluralism, the principle of separation of powers, and the peaceful transfer of power through direct, general, and periodic elections that use a secret ballot.
Article 2:
First:
The Iraqi Kurdistan Region is a geographical historical entity consisting of Dohuk governorate with its existing administrative borders, Kirkuk, Sulaymaniyh, Erbil, and districts of ‘Aqrah, Shaikhan, Sinjar, Talkaif, Qaraqush, and townshipsh of Zamar, Ba’asheeqa, and Aski Kalak from Nineveh province, districts of Khanaqeen and Mandali from Diyala province with its administrative boarder before 1968.
Second:
The political borders of the Region shall be determined through the implementation of Article 140 of the Federal Constitution.
Third:
A new region may not be established within the borders of the Iraqi Kurdistan Region.
Article 3:
First:
The people are the source of authority and the basis of its legitimacy: said authority shall be exercised by the people through their constitutional institutions. The Constitution and the laws of the Kurdistan Region are sovereign and supersede all laws issued by the Iraqi government outside of the exclusive jurisdiction of the Federal Republic of Iraq.
Second:
In accordance with Article 115 and Paragraph 2 of Article 121 of the Federal Constitution, in the event that the federal law deals with matters within the exclusive jurisdiction of the federal authorities, as listed in Article 110 of the Federal Constitution, or with other matters outside this jurisdiction, this shall not detract from the sovereignty and supremacy of the Constitution and laws of the Kurdistan Region, nor shall it limit the powers of the Region’s authorities.
Article4:
Kurdistan Parliament may put into effect in the Region any federal law that is outside the exclusive jurisdiction of the federal authorities, as stipulated in Article 110 of the Federal Constitution of theRepublicofIraq.
Article 5:
The people of the Kurdistan Region are composed of Kurds, Arabs, Chaldo-Assyrian-Syriacs, Armenians and others who are citizens ofKurdistan.
Article 6:
This Constitution confirms and respects the Islamic identity of the majority of the people of Iraqi Kurdistan. It considers the principles of Islamic Sharia as one of the main sources of legislation. Likewise, this Constitution upholds and respects all the religious rights of Christians, Yazidis, and others, and it guarantees to every individual in the Region freedom of belief and the freedom to practice their religious rites and rituals. It is not allowed:
Amend text to state: Religion is a private matter for the individual. It is a basic requirement of freedom of thought and expression that every individual must be able to practice any religion of their choice. By the same token, people must be free to have no religion. No one should be arrested, prosecuted, tortured, discriminated against or abused because of having or not having a particular religion.
First:
Enact a law inconsistent with the provisions of the fundamentals of Islam.
Second:
Enact a law inconsistent with democracy principals.
Third:
Enact a law inconsistent with the rights and fundamental freedoms contained in this constitution.
Article 7:
The people of Iraqi Kurdistan shall have the right to determine their own destiny, and they have chosen out their own free will, to be a federal region withinIraq, as long as Iraq abides by the federal, democratic, parliamentary and pluralistic system, and remains committed to the human rights of individuals and groups, as stipulated in the Federal Constitution.
Article 8:
First:
International treaties and agreements which the Federal Government enters into with any foreign state or party, and which affect the status or rights of the Kurdistan Region shall be effective in the Region if said treaties and agreements meet with the approval of an absolute majority of the Members of the Kurdistan Parliament.
Second:
Treaties and agreements which the Federal Government enters into with foreign states shall not be effective in the Kurdistan Region if they deal with matters outside the Federal Government’s exclusive jurisdiction, in accordance with Article 110 of the Federal Constitution, unless an absolute majority of the Members of the Kurdistan Parliament approve the implementation of said treaties and agreements in the Region.
Third:
The Kurdistan Region shall have the right to enter into agreements with foreign states or with regions within foreign states regarding issues that do not lie within the exclusive jurisdiction of the federal authorities, as stipulated in Article 110 of the Federal Constitution.
Fourth:
An agreement concluded between the Kurdistan Region and the governments of foreign states shall be submitted to the Federal Government to secure its approval. Said agreement shall not be effective if the Federal Government refuses to approve it for legal reasons.
Delete Third and Fourth and insert new paragraph: In the event of conflict between treaties and agreements with foreign states and the local constitution and laws then the treaties and agreements shall prevail.
Article 9:
With regard to the Federal Government, the Region shall have a fundamental and constitutional right to:
First:
An equitable share of federal income, including international grants, aids, and loans, pursuant to Articles 106 and 112 of the Federal Constitution. This share shall be determined according to the principle of demographic proportionality and equality, while taking into consideration the policy of genocide, scorching and destruction that afflicted Iraqi Kurdistan during previous regimes and deprived its people of their entitlements.
Second:
Equitable participation, in a balanced and proportionate manner, in the administration of the different institutions of the federal state, in academic deputations and scholarships, in delegations and in regional and international conferences. Pursuant to Article 105 of the Federal Constitution, positions in Federal Government offices that are located in the Kurdistan Region shall be entrusted to the citizens of the Region.
Article 10:
The city ofErbil(Hewler) shall be the capital of the Kurdistan Region. The parliament may select another city inKurdistanas the capital.
Article11:
First:
The Iraqi Kurdistan Region shall have its own flag, which shall be flown side-by-side with the federal flag. The Kurdistan Region shall have its own national emblem, national anthem, and National Day (Noruz). This shall be regulated by law.
Second:
The flag shall be composed of a red (colour), a white (colour), and a green (colour). A yellow sun with twenty-one rays emanating from it shall be located in the middle. The dimensions of the flag and the meaning of its components shall be determined by law.
Third:
A law shall be enacted to regulate official holidays, badges and medals.
Article 12:
The defensive Peshmerga Forces shall guard the Kurdistan Region in accordance with item Five of Article (121) of the Federal Constitution. The organization and duties of these forces shall be regulated by law. Armed militias may not be formed outside of the scope of the law.
Replace text to read: The Kurdistan Region has one army (Peshmerga) to defend the region. Its components and duties shall be organised by law. No militia groups shall exist outside of the law.
Article 13:
No fee or tax may be imposed, modified or waived in the Kurdistan Region without the approval of the Kurdistan Parliament, who must pass a law to that effect.
Article 14:
First:
Kurdish and Arabic shall be the two official languages of the Kurdistan Region, This Constitution guarantees the right of the citizens of the Kurdistan Region to educate their children in their mother tongue, including Turkman, Assyrian, and Armenian, in the government’s educational institutions and in accordance with pedagogical guidelines.
Second:
Along with Kurdish and Arabic, Turkman and Assyrian shall be official languages in administrative districts that are densely populated by speakers of Turkmen and Assyrian. This shall be regulated by law.
Third:
Concerning the official language, Article 4 of the Federal Constitution shall be adopted wherever there exists a legal possibility to apply its provisions in the Kurdistan Region.
Article 15:
The Kurdistan Region shall adopt a competitive legal market economy, which encourages and embraces economic development on modern foundations, as well as public and private investment. Monopolies shall not be allowed, except as regulated by law.
Article16:
In light of their responsibility to current and future generations, all Regional Authorities must protect the environment, the essential means of subsistence, and the natural and human environment in the Kurdistan Region. The law shall regulate the establishment of protected areas, wild areas, natural parks and public gardens, in order to protect nature, wildlife, wilderness and natural plants and animals, and to preserve them in their natural state. The law shall not permit the erection of buildings or any motorized activity in these zones.
Article 17:
First:
The general sources and components of natural resources, surface and ground water, not extracted minerals, quarries, and mines are public resources. A law which protects these resources for current and future generations shall regulate the extraction, exploitation or management of said resources, and the conditions for their allocations.
Second:
Lands and public properties in the Region are the property of the people of Kurdistan. A law shall regulate their allocation and exploitation.
Section Two
Fundamental Rights
Chapter one
Civil and Political Rights
Article 18 – Commitment and Application:
First:
The legislative, executive and judicial authorities of the Kurdistan Region shall be committed to upholding the fundamental rights listed in this Constitution, considering them a basic element of legislation that must be applied and implemented, as these are the fundamental rights of the Region’s citizens.
Second:
Stipulations and provisions related to the fundamental rights listed in this Constitution shall be mandatory for natural and juridical persons, while taking into consideration the nature of the right and the nature of the duty imposed by this right.
Third:
Within the Kurdistan Region, the fundamental rights granted in this Constitution to natural persons shall also be granted to juridical persons, where applicable.
Article 19- Freedom, Life and Dignity:
First:
The dignity of the human being is to be secured and respected by Kurdistan Region authorities.
Second:
Everyone has the right to life and liberty. They may not be deprived of these rights or restrict them except by law.
Third:
The use of physical or mental torture, treating with people inhumanely and disdainfully or subjecting them to scientific, medical or other trials without their free consent is not permissible. Confession made under coercive measures such as duress, torture, threat and intimidations is unreliable. Anyone who has been subjected to torture cruel and disdainful treatments has the right to receive compensation for physical and mental injuries they have been faced with.
Fourth:
A person may not be forced to work compulsorily other than public service that applies to all and according to law.
Fifth:
No compulsory work may be imposed except by a warrant in case of a prison sentence.
Sixth:
Every person has the right to personal security.
Seventh:
Every person has the right to have their private life, family, home and all their communications are respected. Homes and alike enjoy inviolability and they may not be transgressed, entered, searched or kept under surveillance except according to law by a warrant. Also it is prohibited to search a person or their properties without a warrant.
Eighth:
Everyone has the right to marry and form a family. No marriage certificate may be concluded without the consent of both sides willingly and without compulsion.
Ninth:
There is no coercion in matters of religion. Every person has the right to freedom of religion, belief, thought and conscience. The Government of the Region shall guarantee the freedom of Muslims, Christians, Yazidis and others to worship and to practice their rites and the rituals of their religions without being exposed to interference. The government of the Region shall guarantee the sanctity of mosques, churches, and places of worship. In order to safeguard their sanctity and the holiness of their message, therefore, it is forbidden for parties, groups or persons to use mosques, churches or places of worship as a place for party activity or political activity.
Tenth:
Every person shall have the right to freedom of expression. The freedom and diversity of the press and other media must be guaranteed. This right shall not apply to libel, infringement of others’ rights, sacrilege, provocation to violence, or the incitement of hatred between the groups of the people ofKurdistan.
Eleventh:
The right to access to information shall be guaranteed by law.
Twelfth:
The Government of the Region shall guarantee the freedom of communication and correspondence by post, telegram, telephone, and electronic means. Such communication and correspondence may not be subject to surveillance, wiretapping, or disclosure unless for legal or security requirements, and when authorized by a judicial decision.
Thirteen:
The Government of the Kurdistan Region shall be responsible for youth welfare, for developing the faculties and abilities of the young generation, and encouraging their initiative. The Government shall establish institutions required to train young people and to empower them to keep up with worldwide scientific and technological developments, so that they can play an effective role in society and invest their talents in economic, social and scientific development. The Government shall lay out programs and plans to achieve this goal.
Fourteenth:
Every citizen shall have the right to practice sports. The Government of the Kurdistan Region shall encourage sporting activities, establish dedicated sporting institutions, and provide the necessary requirements for them.
Fifteenth:
Artistic and literary expression and scientific research shall be free from any restrictions. Academic freedom to perform scientific research must be guaranteed and encouraged. Universities and scientific centers must be supported and sponsored; their sanctity upheld, and the elements of their moral character guaranteed. Their administrative apparatus must be developed on a decentralized basis.
Sixteenth:
The Government of the Region shall be responsible for protecting intellectual property, copyright, publication rights, patents, and registered trademarks.
Seventeen:
1- Every person has the right to hold a rally, found associations, leagues and unions. The authorities of the Region strive for supporting the role of the civil society organizations and their independency. However everyone has the right to demonstrate and to peaceful strike in accordance with law.
2- Associations with goals and work contradict the principles of this Constitution and laws or adopt measures against peaceful coexistence or convergence among ethnic or religious entities of the people of Kurdistan –Iraq.
Eighteen:
1- The freedom to found parties shall be guaranteed and regulated by law, provided that the internal order, organizations, and activities of the party, as well as the rights of its members, abide by the fundamental principles of democracy and human rights, and by the provisions of this Constitution. The party must also respect the flag ofKurdistanand its national anthem.
2- The party may not be the branch of a foreign party, or beholden to foreign interests or entities.
3- A party shall be considered in violation of the Constitution if it seeks through its goals, its activities, or the behavior of its followers to violate the fundamental democratic system of the Kurdistan Region or to remove this system; or if it seeks in the aforementioned manner to threaten the unity of the Region, or the peaceful coexistence of its ethnic and religious groups. TheConstitutional Courtshall have the jurisdiction on deciding (whether or not the party is considered in violation of the Constitution), and it shall take this decision in light of the imputed Constitutional violation, and the extent of its danger.
4- Any entry or approach that adopts, instigates, facilitates, glorifies, promotes, or justifies ethnic or sectarian cleansing or a chauvinist, fascist, racist, terrorist, or infidel ideology shall be prohibited. The authorities of Iraqi Kurdistan shall be committed to combating terrorism in all its forms, and shall work to protect the territories of the Region from becoming a centre or a gateway or a platform for terrorist activity.
5- A party must disclose to the relevant authorities specified in the law its revenues and sources of funding, and how it disposes of them.
Nineteenth:
Collective expulsions shall be forbidden.
Twentieth:
Within the limits of the law, every person shall have the right to own, inherit, or bequeath his possessions and his property that he has obtained by legal means. Private property shall be protected. It may not be seized or confiscated except in the public interest, and in accordance with a law which provides for fair and immediate compensation being paid at the latest on the date the property is seized, unless the owner agrees by a written approval.
.Eighth – replace text to read: Everyone has the right to marry freely and forced marriage shall not be allowed
Seventeenth – replace text to read: Everyone has the right to conduct meetings and form unions, groups, non-governmental organisations and syndicates. The authority shall positively strive to strengthen their independent roles. Everyone has the right to demonstrate, go on strike, without the need to ask for prior .permission. This shall be organised by a law
Eighteenth – add new point: 6. Everyone is free to choose whether to join or not to join political parties, organisations and grou1ps. No one shall be forced to remain in parties, organisations and groups when they wish to leave.
Eighteenth – add new point: 7. Political parties are free to choose either to join the government or to be in opposition.
Article 20: Equality
First:
All are equal before the law.
Second:
All forms of discrimination on the basis of race, colour, sex, language, social background, nationality, origin, religion, belief, thought, age, social, political or economic status, or handicap are prohibited. The principle of equality shall not prevent redressing the effects and consequences of past injustice perpetrated by former regimes against the citizens ofKurdistanand its ethnic, religious and linguistic groups.
Third:
Men and women shall be equal before the law. The Government of the Region must seek to remove all obstacles hindering equality in all spheres of life, and in civil, political, social, cultural and economic rights. The Government of the Region guarantees that all shall enjoy their rights, as stipulated in this Constitutions and the international charters signed by the State of Iraq.
Article 21 – Citizenship Rights:
First:
Any citizen who has reached 18 years of age shall have the right to vote in any election or referendum organized in the area of their residence within the Region of Kurdistan.
Second:
Any citizen who has reached 18 years of age shall have the right to hold public office.
Third:
Freedom of residence, movement and travel shall be guaranteed, within the limits of the law.
Fourth:
Every citizen shall have the right to submit a complaint or petition with the authorities of the Region, who may not refuse to accept it. Whoever has submitted a complaint or petition has right to receive a prompt response. A refusal to deliver said response, or a delay in arriving at the response with no legal justification shall entail legal responsibility.
First – replace text to read: Every citizen aged 18 and over (including those of the diaspora) has the right to participate at their place of residency in elections and referenda that are organised in the Kurdistan Region.
Article 22 – The Right to a Fair Trial
First:
The investigating authority shall submit preliminary investigative documents to a competent judge within a period not exceeding twenty-four hours form the time at which the accused was apprehended. This period may only be extended once, for another period of twenty-four hours.
Second:
Detention of individuals shall be prohibited. No one shall be arrested or imprisoned except in accordance with the law, and based on an order issued to that effect by a competent judicial authority. Any arrested individual must be informed, immediately and in his own language, of the charge brought against them. The apprehended individual has the right of recourse to an attorney. During the investigation and the trial, the court shall appoint an attorney, who shall serve at the Government’s expense, to defend the accused charged with committing a felony or a misdemeanor and who does not have an attorney to defend him.
Third:
The accused shall be innocent until proven guilty in a fair and legal trial. After being released, the accused shall not be tried again on the same charge, unless new evidence appears.
Fourth:
Every one shall have the right to a fair and speedy trial before a competent court.
Fifth:
No act shall be considered a crime and no punishment shall be imposed except as stipulated by law. No one may be convicted on account of an act or an omission which did not constitute a criminal offence at the time it was committed.
Sixth:
1- No law shall have a retroactive effect, unless the text of the law stipulates otherwise. This shall not apply to taxes and fees.
2- Penal law shall not have a retroactive effect, unless this is more favorable for the accused.
Seventh:
Punishment shall be personal.
Eighth:
No heavier punishment shall be imposed than the one that was applicable at the time the criminal offence was committed.
Ninth:
No one shall be tried or punished twice by criminal or penal procedures for an offense of which they were already acquitted or convicted in accordance with the law.
Tenth:
Civilians may not be tried before a military court.
Eleventh:
No one may be detained or imprisoned except in locations designated for this purpose and in conformity with the law. Such locations must include health and social services, and be subject to the authority of the Government.
Twelfth:
The religious beliefs and moral principles of prisoners must be respected.
Chapter two
Social and Economic Rights
Article 23:
First:
The Government of the Kurdistan Region shall be responsible for the welfare of the families of the martyrs of theKurdistanpeople’s Liberation Movement and the welfare of the families of the Peshmerga martyrs. The Government shall also be responsible for the welfare of the families of victims of AL-Anfal campaign, and victims of the chemical attacks and those affected by permanent disabilities as a result thereof. Qualified individuals from these groups, and their children, shall be given priority in accessing work opportunities, in accordance with the law.
Second:
The authorities of the Kurdistan Region shall seek for the Federal Government of Iraq to assume its constitutional, legal and moral responsibilities toward the victims mentioned in the preceding paragraph, including political prisoners, who have suffered from the policies of repression practiced by successive central governments, by compensating said victims, and guaranteeing their right to secure healthcare and a dignified means of livelihood.
Article 24:
First:
Everyone shall have the right to a standard of living adequate for a dignified life, including food, clothing and housing.
Second:
Everyone shall have the right to obtain healthcare and medical treatment, regardless of their ability to assume the expenses thereof.
Third:
Everyone shall have the right to social security, especially in cases of motherhood, sickness, unemployment, injury, disability, old age displacement, and loss of one’s means of livelihood in circumstances beyond one’s control.
Fourth:
No one shall be compelled to work in a profession or an occupation against their free consents.
Fifth:
Every worker shall have the right to equal pay for equal work. The relations between workers and employers shall be regulated by law and founded on economic bases, while taking into account the rules of social justice.
Article 25:
The authorities of the Region must ensure the welfare of the handicapped and persons with special needs, and train them in order to integrate them into society. This shall be regulated by law.
Article 26:
The Government of the Region shall guarantee the right to form and to freely join professional associations, unions, organizations and federations. This shall be regulated by law.
Move to the Civil Rights section
Article 27- Education and Family:
First:
The Government of the Region shall guarantee free education at the primary, secondary and university levels. The Government shall also guarantee vocational training and technical education. Education shall be compulsory until the completion of the primary level.
Second:
The Government of the Region shall be in charge of the campaign against illiteracy.
Third:
The family is the fundamental core of the society. Therefore, mothers and children must be protected, and the economic exploitation of children must be prohibited.
Fourth:
The government of the Region shall guarantee the establishment of special homes to protect and care for women who have, for social reasons, lost their family security.
Fifth:
All forms of discrimination, violence and abuse in society, school, and in the family shall be forbidden.
Article 28- Consumers’ Rights
The Government of the Kurdistan Region must protect consumers’ rights. It must create legal means to empower consumers to defend their rights and establish consumer associations and federations.
Chapter three
Ethnic and Religious rights of the Different Groups of the Kurdistan Region
Article 29:
People belonging to one of the ethnic or religious groups shall have the right to legal recognition of their names, and the right to use the traditional, local names of places in their languages, while abiding by the provisions of the language law in the Kurdistan Region.
Article 30:
First:
The provisions of the personal status law for the followers of one religion may not be imposed on the followers of another religion.
Second:
The followers of non-Muslim religions and sects, such as Christians, Yazidis and others may establish their own religious councils and may follow the provisions specific to the personal status law of their faiths. Such personal status provisions shall be determined by law, and personal status cases shall be heard before a personal status court. The provisions of personal status laws specific to non-Muslim religions and sects shall remain in effect in the Kurdistan Region as long as they are not amended or annulled by law.
Article 31- The Authorities’ Commitment to Guaranteeing Equality
The authorities in the Kurdistan Region must guarantee the principle of effective equality among people belonging to ethnic and religious groups and must seek to achieve this equality. The authorities must create the conditions which will ensure that the identity of these ethnic and religious groups is preserved, and must take the necessary measures to reinforce this identity.
Article 32- The Authorities’ Commitment to Avoiding Forced Expulsions
First:
The authorities in the Region must protect people belonging to ethnic and religious groups from any measure aiming at forced expulsion. Likewise, the authorities must support and encourage these people to establish their own specific leagues and associations.
Second:
The Government of the Kurdistan Region shall be committed to preventing any intentional change in population percentages in the areas inhabited by ethnic or religious groups. This shall not effect the process of equitable restitution for the policies of Arabization and forced displacement practiced by the Baathist regime in Iraqi Kurdistan, particularly in the city ofKirkuk.
Article 33:
The authorities in the Kurdistan Region shall strengthen the principle of mutual respect between all of the Region’s inhabitants, particularly in the fields of education, media and general culture. The authorities shall create the necessary conditions for persons belonging to ethnic or religious groups to participate effectively in all fields of life.
Article 34:
Every religious group in the Region shall have the right to establish a council to develop, organize, and advance its cultural and social affairs, and its heritage. This shall be regulated by law.
Article 35:
This Constitution guarantees national, cultural and administration autonomy to the Turkmen, Arabs and Chaldo-Assyrian-Syriacs wherever they represent a majority of the population. This shall be regulated by law.
Article 36:
The provisions contained in this chapter shall be considered additional rights to the rights of ethnic and religious groups mentioned in this Constitution.
Chapter Four
Article 37- International Agreements, Charters and Laws
Everyone shall have the right to enjoy the rights mentioned in the international agreements, charters, covenants and declarations on human rights that have been ratified and acceded to byIraq. In addition, everyone shall have the right to enjoy the rights guaranteed by this Constitution and by international law.
Article 38- Scope of Restrictions on Rights
First:
No restriction may be placed on the exercise of civil, political, social, economic and cultural rights, or on the rights of ethnic and religious groups recognized in this Constitution, unless such a restriction is imposed by law. Such a restriction may only infringe upon the essence of these rights to the extent that is necessary and acceptable in a democratic and peaceful society built upon diversity, dignity, equality and freedom. Any restriction that is imposed and that conflicts with this principle shall be null and void.
Second:
Anyone who is directly concerned by a restriction imposed on his right may appeal to the Region’sConstitutional Courtagainst the measure or the law restricting these rights.
Section Three
The Authorities of the Kurdistan Region
Article 39:
The Authorities of the Iraqi Kurdistan Region shall be comprised of:
First: the Legislative Authority (Kurdistan Parliament)
Second: the Executive Authority.
Third: the Judicial Authority.
Article 40:
Kurdistan Parliament shall be the legislative authority, and it shall be the authority for settling decisive issues affecting the people of the Kurdistan Region. Members of the Parliament shall be elected directly by secret ballot in a free and general election.
Add the following sentence: Each member of the Kurdistan Parliament shall represent approximately 60,000 voters.
Article 41:
First:
The law shall determine the manner used to elect the members of the Kurdistan Parliament –Iraq, the timing of the election, how the election is conducted, and the proportion of representation.
Second:
Fair representation of all geographic localities, ethnic and religious groups shall be taken into consideration when organizing a system for electing members, as well as guaranteeing that no less than 30% of the seats in the Kurdistan Parliament be reserved for women representatives.
Third:
A Member of Parliament shall represent all the groups that make up the people of Iraqi Kurdistan, regardless of their political, ethnic and religious affiliation, or his or her electoral district.
Article 42:
First:
The Parliament shall be elected for a term of four years, starting from the day of its first assembly.
Second:
The Parliament shall convene at the invitation of the President of the Kurdistan Region, within fifteen days of the announcement of the final election results. If an invitation to convene is not issued, then the Parliament shall convene automatically at 12p.m on the day following this fifteen day period.
Replace text to read: The Parliament shall be elected for a maximum term of four years, starting from the day of its first assembly and ending on the last day of its assembly
Article 43:
The Parliament shall hold its first session under the chairmanship of its oldest member, and shall elect by secret ballot a Speaker, a Deputy Speaker, and a Secretary General chosen from its members.
Article 44:
Before assuming their duties, Members of Parliament shall take the following Constitutional oath: [I swear by Almighty God to protect the interests of the people of the Kurdistan Region-Iraq, to safeguard the Region’s unity and dignity, to protect the rights and freedoms of its citizens, and to protect public funds. I swear by Almighty God to abide by the provisions of the Constitution and to perform the duties of a member faithfully and loyally].
Article 45:
Upon taking the Constitutional oath, a Member of Parliament shall be considered to have resigned from his position. He shall have the right to return to that position, or to a similar one, at the end of his term in Parliament. The length of the term served as a Member of Parliament shall be taken into account for purposes of promotion, advancement, seniority and retirement.
Article 46:
A Member of Kurdistan Parliament may not serve simultaneously as a member in the Federal Parliament, in local and municipal councils, or in the civil service. A Member of Parliament shall be dedicated exclusively to parliamentary work; and shall be forbidden from practicing any other profession while serving in Parliament.
Article 47:
First:
Parliament shall hold two sessions a year, each lasting four months. Parliamentary rules of procedure shall define how these sessions are held.
Second:
The Parliamentary session in which the general budget is proposed shall not be concluded until the budget is approved. Based on the request of the President of the Kurdistan Region, of the Speaker of the Parliament of Kurdistan, or the President of the Council of Ministers, or twenty-five Members of Parliament, a Parliamentary session may also be extended for a period not exceeding thirty days to complete other tasks whose importance requires such an extension.
Article 48:
An absolute majority of the Members of Parliament shall constitute a quorum. Resolutions shall be issued by a majority vote of those in attendance, unless Parliamentary law or procedure specify otherwise. If equal votes are cast, the President of the Parliament shall cast the deciding vote.
Article 49:
Ten Members of Parliament, or a competent Parliamentary committee, may introduce bills or draft resolutions to Parliament.
.Replace text to read: Seven members of Parliament may introduce bills or draft resolutions to Parliament
Article 50:
First:
A Member of Parliament may question the Prime Minister, his Deputy, and the Ministers regarding matters that concern the Council of Ministries. Parliamentary law and procedure shall organize the questioning of these officials.
Second:
Ten Members of Parliament may request to interpellate the Prime Minister or the Members of the Council of Ministers. The interpellation shall not take place until eight days after the date on which the request for the interpellation arrived at the Prime Minister’s office. If the interpellation results in a request for a motion of no-confidence in the Prime Minister, or one of the Ministers, the motion shall be passed by the agreement of two-thirds of the Members of Parliament in the case of the prime Minister, and by the agreement of an absolute majority of the Members of Parliament in the case of a Minster.
Second – replace text to read: Seven members of parliament can question the Prime Minister or any cabinet ministers. This shall take eight days after the request is made in Parliament and information about the questioning has been received. If this were to result in a vote of no confidence in the Prime Minister, a majority of votes of all MPs is required for it to result in the Prime Minister’s resignation. If this were to ask a minister to resign, a majority vote by the MPs present on the day will suffice.
Article 51:
The President of the Parliament, the Deputy President, the Secretary General, and the Members of the Parliament shall be entitled to rights and privileges which ensure their independence and their livelihood. Such rights and privileges shall be fixed and regulated by law.
Article 52:
Parliamentary law and procedure shall determine and regulate the details of Parliament’s work processes, and the manner in which its ordinary and extraordinary sessions are held, organized and conducted. Parliamentary law and procedure shall also address the situations in which membership is terminated, and how vacant seats should be filled.
Article 53:
The Parliament shall exercise the following powers, in addition to any other powers which the laws in force in the Region have delegated to it:
First:
Settle decisive issues affecting the people ofKurdistan, by a vote of a majority of two-thirds of its members.
Second:
Approve proposed constitutional amendments, according to Article 120/fourth of this Constitution.
Third:
1- Legislate, amend and repeal laws in all matters inKurdistan, except for issues that lie wholly within the exclusive legislative jurisdiction of the Federal Authorities, according to Article 110 of the Federal Constitution.
2- Approve the entry into force of federal laws in the Kurdistan Region, and amend their application, in accordance with the law. However, laws that lie wholly within the exclusive legislative jurisdiction of the Federal Authorities, according to Article 110 of the Federal Constitution, shall be exempt from this process, and shall be applied in the Region upon their entry into force according to the provisions of the Federal Constitution.
Fourth:
Take measures to impeach the President or Vice President of the Kurdistan Region, by the agreement of a majority of two-thirds of Parliament’s members, on account of perjury of the constitutional oath, serious violation of the Constitution, or high treason.
Fifth:
Pass a motion of confidence in the Council of Ministers or vote of no confidence. To pass a motion of no confidence in the Prime Minister shall be by a majority of two thirds of the members of the Parliament and in a minister by absolute majority of its members.
Sixth:
Monitor the activities of the executive branch, and hold the Prime Minister, the Deputy Prime Minister, and the Ministers accountable, in accordance with parliamentary law and procedure.
Seventh:
Approve the general budget forKurdistanand its final accounts; transfer among sections; and approve expenditures not referred to in the budget.
Eighth:
Approve general development plans.
Ninth:
Levy, amend, annul, or grant exemptions to taxes and duties.
Tenth:
Settle, by an absolute majority vote of those present, the validity of a Member of Parliament’s membership. This decision shall be subject to appeal before the Region’sConstitutional Courtwithin thirty days of the date on which it is issued.
Eleventh:
Put in place Parliamentary rules of procedure, appoint Parliamentary staff and employees and fix their salaries, and estimate the Parliament’s budget.
Twelfth:
Form permanent, temporary, and investigative committees.
Thirteenth:
Confirm, by an absolute majority of its members, the nomination of members to theConstitutional Courtfor the Kurdistan Region.
Fourteenth:
Confirm, by an absolute majority of its members, the nomination of the heads of the independent Authorities and Commissions listed in Article 107 of this Constitution.
First – Delete
Ninth – replace text to read: Levy, amend, annul, or grant exemptions to taxes and duties: This shall be organised by law.
Article 54:
The Parliament may not relinquish its legislative authority, except as stipulated in the seventh paragraph of Article 65 of this Constitution.
Delete
Article 55:
First:
Members of Parliament shall enjoy Parliamentary immunity, and may speak freely within the boundaries outlined in Parliamentary procedure.
Second:
The freedom of Members of Parliament may not be restricted, nor may they be put under surveillance without the approval of Parliament.
Third:
Except in cases of flagrante delicto, members of Parliament may not be prosecuted, interrogated or searched; their residences and offices may not be searched; nor may they be apprehended by any authority while Parliament is in session without prior authorization from Parliament.
Fourth:
Except in cases of flagrante delicto, members of Parliament may not be prosecuted, interrogated or searched; their residences and offices may not be searched; nor may they be apprehended by any authority while Parliament is not in session without prior authorization from the President of the Parliament.
Article 56:
First:
Parliament may dissolve itself by the approval of a majority of two-thirds of its members.
Second:
The President of the Region shall issue a decree to dissolve Parliament in the following situations:
1- Resignation of more than half of the Parliament’s members.
2- Failure to achieve quorum for a Parliamentary meeting within sixty days of the date on which Parliament was invited to convene after being elected.
3- Parliament’s failure to pass a motion of confidence to three different and successive proposed cabinets.
Article 57:
If Parliament is dissolved, or its electoral term comes to an end, a decree should be issued to hold the elections and determine the date of the elections within 15 days from the date of dissolution or ninety days period preceding the end of its electoral term, provided that to be hold no later than ninety days following the dissolution or be within ninety days prior to the end of its electoral term date.
Article 58:
If Parliament is dissolved based on the provisions of Article 56 of this Constitution, or if Parliament’s electoral term comes to an end, and new elections are delayed or unfeasible due to extraordinary circumstances, Parliament shall remain in session and continue to perform its duties and exercise its constitutional authorities until a new Parliament is elected and its first session held. In this case, the decree dissolving Parliament shall be considered suspended until elections for the new Parliament are held.
Delete
Chapter Two
The Executive Authority
Article 59:
The executive authority shall be composed of The President of Kurdistan Region and the Council of Ministers. The executive authority shall exercise its powers in accordance with the Constitution and the law.
First: The President of Kurdistan – Iraq
Article 60:
First:
The President of the Kurdistan Region holds the highest office of the executive authority. He is the Commander-in-Chief of the Regional Guard (the Peshmerga). He shall represent the people of the Region and act on their behalf in all national events. He shall be in charge of coordination between Federal and Regional Authorities.
Second:
The President of the Region shall choose a Vice President who shall assist him in performing his duties. The Vice President shall take the place of the President in case of the President’s absence. The Vice President shall also be the Deputy Commander-in-Chief of the Regional Guard (the peshmerga), provided that to have the consent of Parliament by absolute majority of its members.
First – replace text to read: The President of the Kurdistan Region is the symbol of the unity of Kurdish public and represents the Region. He shall represent the people of the Region and act on their behalf in all national and international events. He is the central point of all three powers (executive, legislative, judicial) and shall be in charge of coordination between the Federal and Regional authorities.
Article 61:
The President of the Kurdistan Region shall be elected directly by secret ballot in a general election by the citizens of the Kurdistan Region. The law shall determine the manner of this election.
Replace text to read: The president of the Kurdistan Region shall be elected by Parliament. The candidate who receives two-thirds of the votes in the first round shall be elected as President. If no candidate gets two-thirds of the votes, there will be a contest between the two candidates with the most votes and the candidate with a simple majority in a second round of voting shall be elected as President.
Article 62:
If the President of the Region, or the Vice President, is impeached by a vote of a majority of two-thirds of the Members of Parliament on account of perjury of the constitutional oath, serious violation of the Constitution, or high treason, and is then found guilty by the Region’sConstitutional Court, he shall be removed from his position.
Rreplace text to read: The Kurdistan Region President shall be removed if the Constitutional Court finds him guilty following a vote by two-thirds of MPs to impeach him for breaking the constitutional oath, not abiding by the Constitution, treason or jeopardizing the national interest.
Article 63:
Before assuming their duties, the President of the Kurdistan Region and the Vice President shall take the following constitutional oath before the Parliament of Kurdistan:
(I swear by God almighty to protect the rights, achievements, unity, and interests of the people of Iraq Kurdistan. I swear by God almighty to perform my duties faithfully and loyally and to adhere to the Constitution of the Kurdistan Region).
Article 64:
The President of the Kurdistan Region shall be elected for a term of four years, beginning on the date on which he takes the constitutional oath. He may only be reelected once for a second term.
Replace text to read: First: The term of office of the Kurdistan Region President is for four years from the day he takes the constitutional oath. The President can be re-elected once only for a second term.
New Second paragraph: 1: The term of the President shall end with the end of Parliament’s legal term (the last assembly). 2: The President shall continue with his work until after the election of a new Parliament and its first assembly which shall be held to elect a new President within 30 days of the date the parliament has been elected. 3: In the event that the presidential post is unoccupied, for whatever reason, a new president shall be elected to complete the presidential work until end of the parliamentary term. 3. In the event that Parliament is dissolved by the Prime Minister before the end of its four year term, the President shall continue to end of his term and then Parliament shall elect a new president.
Article 65:
In addition to any other powers granted to him by the law, the President of the Region shall exercise the following powers:
First:
Propose draft laws and resolutions to the Kurdistan Parliament.
Second:
Promulgate laws and resolutions legislated by the Kurdistan Parliament within fifteen days of receiving them. During this period, the President shall have the right to oppose the law or resolution in entirety or in part, and to send the law or resolution back to Parliament for reconsideration. Parliament’s decision regarding such a law or resolution shall then be final. If the President fails to promulgate such laws and resolutions within the aforementioned period and does not oppose them, they shall be considered promulgated and shall be published in the Official Gazette.
Third:
Issue a decree for the holding of general elections for the Kurdistan Parliament-Iraqi when Parliament is dissolved or at the end of its electoral term. This shall be done in accordance with Article 56 of this Constitution, while respecting the period set forth in Article 57 herein.
Fourth:
Issue a decree inviting the Kurdistan Parliament to hold the first session of its electoral term, within ten days of the date on which final election results are announced. Should the President fail to call Parliament into session, the Parliament shall convene automatically on the day following the end of the aforementioned period.
Fifth:
Issue a decree dissolving the Kurdistan Parliament in the situations that are set forth in this Constitution.
Sixth:
Issue a decree dismissing a Minister, based on a proposal brought forward by the Prime Minister.
Seventh:
Issue decrees that have the power of law after consulting and agreement with the President of the Parliament and the Prime Minister in case Kurdistan Region and its political system or its security or its constitutional institutions are faced with a sudden danger threatening its entity and the Parliament cannot convene these decrees shall be submitted to the Parliament during its first session, if not submitted or submitted but not approved, they lose their legality
Eighth:
In cases of war, occupation, insurrection, chaos, natural disasters, epidemics, or other unexpected emergencies, the President shall have the power to declare a state of emergency, after consulting with the President of the Parliament and the Prime Minister of Kurdistan, and obtaining their consent. The initial period must be no longer than one month. Subsequent extensions shall be approved by an absolute majority of the Members of Parliament: each extension shall be no longer than three months. Provisions related to a state of emergency shall be regulated by law.
Ninth:
Grant special pardons to convicted persons, by issuing a decree in accordance with the law.
Tenth:
Approve death sentences, or commute them to life imprisonment.
Twelfth:
Allow federal armed forces to enter Iraq Kurdistan territory when necessary, after obtaining the approval of the Kurdistan Parliament-Iraq and defining the mission of these forces, as well as the location and duration of their stay in the Region.
Thirteenth:
Send the (Regional Guard) the Peshmerga or the Domestic Security Forces outside of the Region, with the approval of the Kurdistan Parliament.
Fourteenth:
1- Charge the candidate of the majority parliamentary bloc with forming a government within forty five days of the date on which so charged.
2- If the first candidate fails to form a government within forty-five days of being so charged, the President of the Kurdistan Region shall charge another candidate from the same bloc with forming a government.
3- If the second candidate fails to form a government, the President of the Kurdistan Region may choose whoever he considers fitting, and charge him with forming a government.
4- The person charged with forming a government may be a Member of Parliament, or not.
Fifteenth:
Issue a decree ordering the government to form, after it has obtained a vote of confidence from the Parliament.
Sixteenth:
Issue a decree ordering the resignation of the government or of a Minster after has passed a motion of a no-confidence in either or them.
Seventeenth:
Issue a decree accepting the resignation of the government or of a Minister, and charging them with continuing to act as a caretaker government until a new government is formed.
Eighteenth:
Issue a decree appointing the members of theConstitutional Court, after the Kurdistan Parliament has confirmed the nominees.
Nineteenth:
Issue a decree appointing judges, the Head of the Judiciary Inspection Department, as well as the Head and the members of the Public Prosecution, after these individuals have been nominated by the judiciary Council inKurdistan.
Twentieth:
Issue a decree appointing the heads of the independent authorities and commissions listed in Article 107 of this Constitution, after their nomination has been approved by the Parliament of Kurdistan.
Twenty-first:
Issue a resolution establishing special offices for the Kurdistan Region in foreign countries, based on a proposal from the Prime Minister, and in coordination with the competent agency of the Federal Government.
Twenty-second:
Appoint individuals to special grades, based on the nomination of the competent Minister and the approval of the Council of Ministers.
Twenty-third:
Confer military ranks on the officers of the (Regional Guard) the Peshmerga and the Domestic Security Forces; and issue decrees, according to the laws in force, discharging them or retiring them.
Twenty-fourth:
Issue a decree awarding medals and badges, as pursuant to the law.
Delete the following paragraphs (as currently numbered): Third, Fifth, Sixth, Seventh, Eighth, Eleventh, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth.
Tenth – replace text to read: Approve sentences of life imprisonment.
Fourteenth (1) – replace text to read: Asking the head of the political entity that has the majority to form a government within 30 days of his appointment.
Fourteenth (2) – replace text to read: If the first candidate fails to form a government within 30 days, the head of second largest entity shall be asked to form a government. This process shall continue with other parties/entities.
Fourteenth- Delete points three and four
Nineteenth – replace text to read: Issue a decree appointing judges, the Head of the Judiciary Inspection Department, as well as the Head and the members of the Public Prosecution, after these individuals have been nominated by the Judiciary Council in Kurdistan.
Twentieth – replace text to read: Issue a decree appointing the heads of the independent authorities and commissions listed in Article 107 of this Constitution, after their nomination has been approved by the Parliament of Kurdistan.
Twenty-first – replace text to read: Issue a resolution establishing special offices for the Kurdistan Region in foreign countries, based on a proposal from the Prime Minister, and in coordination with the competent agency of the Federal Government.
Add new paragraph: Approving the opening of foreign consulates in the Kurdistan Region.
Add new paragraph: Using any other powers that the Constitution grants him.
Article 66:
The salaries and allowances of the President and Vice President of the Kurdistan Region shall be specified by law.
Article 67:
The President of the Kurdistan Region shall have an office whose organization, privileges and responsibilities shall be specified by law.
Article 68:
First:
If the President of the Kurdistan Region resigns, dies, or becomes afflicted with a handicap that prevents him from carrying out his presidential duties, his successor shall be elected within sixty days for a period of four years, in accordance with Article 64 of this Constitution.
Second:
When the office of President of the Kurdistan Region becomes vacant, the President of the Kurdistan Parliament in accordance with the first paragraph of this Article shall assume the duties of the presidential office until a new President is elected within sixty days of the day on which the office becomes vacant.
Third:
The Vice President of the Kurdistan Region shall assume the duties of the President of the Kurdistan Region when the latter is absent from the Kurdistan Region, is on leave, or is temporarily incapable of performing his duties.
Fourth:
If the President’s term comes to an end, but the holding of new presidential elections is impossible because of war or natural disasters, the President of the Region shall continue to perform his duties until the aforementioned obstacles have been removed, and a new President of Region has been elected.
Delete First, Second and Fourth points
Second: The Council of Ministers of the
Kurdistan Region – Iraq
Article 69:
The Council of Ministers of the Kurdistan Region -Iraqis the executive and administrative authority in the Kurdistan Region.
Replace text to read: The Kurdistan Region Council of Ministers has the ultimate administrative power and the Prime Minster is the Chief Commander of the Kurdistan Armed forces.
Article 70:
First:
The Council of Ministers shall be composed of a Prime Minister, a Deputy Prime Minister or Deputy Prime Ministers, and Ministers. The formation of the Council of Ministers shall be determined by law.
Second:
A nominee shall be charged with forming a government according to the provisions of the fourteenth paragraph of Article 65 of this Constitution.
Third:
The Prime Minister-designate shall select his Deputy or Deputies and the Ministers from among the Members of the Kurdistan Parliament; or he may select other individuals who meet the requirements necessary to become Members of Kurdistan Parliament.
Fourth:
The Prime Minister-designate shall present a list of the members of his government to the President of the Kurdistan Region for his approval.
Fifth:
Following the approval of the President of the Kurdistan Region, the Prime Minister-designate shall present the members of his government to the Kurdistan Parliament of Kurdistan, requesting a vote of confidence in the government.
Sixth:
The Prime Ministers shall preside over cabinet sessions, except for those sessions that are attended by the President of the Region.
Delete First and Fourth points
Fifth – replace text to read: The leader of the Council of Ministers (the Prime Minister) shall present members of his cabinet (ministers) to Parliament in order to seek the support of MPs.
Sixth – replace text to read: The leader of the Council of Ministers (the Prime Minister) shall chair the Council meetings.
Article 71:
Before beginning their official duties and after obtaining Parliament’s vote of confidence, the Prime Minister and members of the Council of Ministers shall take the following constitutional oath: “I swear by God Almighty to protect loyally the unity of the people and the territory of Kurdistan – Iraq, to respect the Constitution and the laws that are in effect, to protect public funds, and to safeguard fully the interests of the people”.
Article 72:
Fair representation of the groups making up the people of Kurdistan -Iraqshall be taken into account in the formation of the Council of Ministers of the Kurdistan Region.
Article 73:
The Prime Minister and the Ministers shall be jointly accountable to Kurdistan Parliament for matters related to the Council of Ministers. Each Minister shall be individually, primarily, and directly responsible for the activities of his/her Ministry.
Article 74:
The Council of Ministers shall exercise the following powers and authorities:
First:
Implement laws, resolutions, decrees, and regulations; protect the security of Kurdistan -Iraqand its public funds.
Second:
Outline the general policy of the Kurdistan Region, in coordination with the President of the Kurdistan Region; and implement this policy after it is approved by the Parliament.
Third:
Prepare the draft general budget forKurdistan.
Fourth:
Draft bills and resolutions and submit them to the Kurdistan Parliament.
Fifth:
Issue regulations and executive and administrative resolutions, in accordance with the Constitution and law.
Sixth:
Prepare projects for development plans, and implement such projects after they are approved by the Parliament.
Seventh:
Form a joint administration with the Federal Government to manage the oil and gas extracted from fields in Kurdistan -Iraqand put into commercial production before August 15,2005. Revenues received from these fields must be distributed fairly in accordance with the principles specified in Article 112 of the Federal Constitution, and with the oil and gas laws of the Kurdistan Region. For the purposes of enforcing the provision of this paragraph, the scale of commercial production shall be defined as the production of no less than five thousand (5.000) barrels per day for a period of twelve (12) months.
Eighth:
Work jointly with the Federal Government to formulate the strategic policies necessary to develop oil and gas resources. All matters related to the Region’s resources must meet with the approval of the Kurdistan Parliament.
Ninth:
Manage, in accordance with the laws of the Kurdistan Region, all exploration, production, management, development, sales, marketing, and export activities, as well as all other operations, required for crude oil and gas fields, including oil and gas that has not been extracted or that has been extracted but not put into commercial production before August 15,2005. For the purposes of enforcing the provision of this paragraph, commercial production shall be defined as the production of no less than five thousand (5.000) barrels per day for a period of twelve (12) months.
Tenth:
Exercise executive powers pertaining to all matters in the Kurdistan Region that do not lie within the exclusive jurisdiction of the federal authorities, in accordance with Article110 of the Federal Constitution.
Eleventh:
Exercise those powers the Federal Authorities and the Kurdistan Authorities jointly authorize it to exercise, in accordance with the provisions of the Federal Constitution.
Twelfth:
Oversee, direct, follow up, monitor, and coordinate the activities of the ministries, institutions and public utilities in Kurdistan.
Thirteenth:
Appoint, promote, dismiss, discharge or retire employees in accordance with the law and in a manner that does not conflict with the provisions of this Constitution, or the law that are issued based on these provisions.
Fourteenth:
Propose the establishment of special offices for the Region’s cultural, social and developmental affairs in the embassies and diplomatic missions, and manage such offices.
Fifteenth:
Organize and administer the (Region Guard) the Peshmerga, in order to protect the region, as well as the police, the security agencies, and other internal security forces.
Sixteenth:
Organize and administer the (Regional Guard) the Peshmerga, in order to protect the region, as well as the police, the security agencies, and other internal security forces.
Second – replace text to read: Outline the general policy of the Kurdistan Region, in coordination with the President of the Kurdistan Region, and non-governmental institutions and implement this policy after it is approved by the Parliament.
Ninth – replace text to read: Details of all exploration, production, management, development, sales, marketing, and export activities, as well as all other operations, required for crude oil and gas fields, including oil and gas that has not been extracted or that has been extracted but not put into commercial production before August 15, 2005 shall be made available to the Parliament and the media. This shall be organised by a law.
Fourteenth – replace text to read: Establishing Kurdistan Region offices in embassies and diplomatic missions. The heads of these missions shall be appointed with the approval of the parliament.
17th paragraph to be added:
1. The prime minister to sack ministers if Parliament votes to withdraw confidence from them.
2. Declaring a state of emergency in the event of invasion, rebellion, natural disaster, pandemic to last for no longer than a month, with any extensions to be approved by a majority of votes in Parliament and lasting no longer than three months for each extension. This shall be organised by a law.
3. Deploying Kurdistan armed forces (Peshmerga) as well as internal security forces to areas outside of the Kurdistan region shall be with the approval of Parliament.
8th paragraph to be added:
Political parties shall receive a sum of money that has been determined by the law. This sum of money has to be spent according to the financial censorship committee’s guidelines. Paying extra money, directly or indirectly to any political parties by the ministry of finance and/or any other government institutions under whatever names, other than the sum that has been specified by the law, is prohibited.
Article 75:
First:
In the following situations, the Council of Ministers shall be considered to have resigned, and the cabinet shall be charged with acting as a caretaker government until a new government is formed:
1- Acceptance of the Prime Minister’s resignation.
2- A vote of no confidence in the Prime Minister by the Kurdistan ParliamentIraq.
3- Beginning of a new term for the Kurdistan Parliament.
4- Beginning of a new term for the President of the Kurdistan Region.
5- Death of the Prime Minister.
Second:
A Minister shall be considered to have resigned if the Kurdistan ParliamentIraqpasses a motion of no confidence in him.
Delete point 4 in First paragraph
Article 76:
First:
The law shall regulate the impeachment and trial of the Prime Minister, the Deputy Prime Minister, and Ministers.
Second:
The law shall determine the salaries, benefits, and privileges of the Prime Minster, the Deputy Prime Minister, and the Ministers.
Chapter Three
The Judicial Authority
First: General Principles
Article 77:
The Judicial authority in the Region is independent. It shall be composed of the Judicial Council, theConstitutional Court, the Court of Cassation, the Judiciary Inspection Department, the Public Prosecution Office, and of the various levels and types of courts, and their cadres. The law shall regulate the manner in which these bodies are formed, the conditions and procedures for appointing their members, and for holding these members accountable.
Replace text to read: The judicial power of the Kurdistan Region is independent and formed from the judicial council and constitutional court, high court, prosecution services and the supreme council of the Kurdistan Region. Its organs, formations and members shall be managed by a law.
Article 78:
The Judiciary shall be independent and subject to no authority except that of the law.
Article 79:
The Judiciary shall have general jurisdiction over all natural and legal persons inKurdistan.
Article 80:
Judicial rulings and decisions shall be issued and implemented in the name of the people.
Article 81:
All judges shall be appointed for an unlimited term, with compulsory retirement at an age specified by law. Judges may not be removed, except in the cases specified by law. Judges must be provided with suitable working conditions, and granted remuneration that is consistent with the dignity of their office and the scale of their duties, and that guarantees their independence. While judges in office, their remuneration may not be diminished, nor may their working conditions be changed.
Replace text to read: All judges shall be employed for an unlimited period and a law shall determine when they should be made retired. A good environment shall be provided for all judges including good salaries based on their duties and that help to maintain their neutrality and independence. For as long as they hold their positions, their salaries shall not be reduced.
Add point two: The decision to employ judges, the chief justice, head of the prosecution services, and the head of supreme council shall be made by the judicial council.
Article 82:
Judges and members of the Public Prosecution shall be prohibited from:
First:
Simultaneously holding a judicial position and a legislative or executive position, or any other job.
Second:
Being affiliated with a political party or organization.
Article 83:
Court sessions shall be public, unless the court decides in favor of a closed session, for the sake of public moral, or sanctity of the family. In the case of a closed session, the ruling must be pronounced in an open session.
Article 84:
It shall be forbidden to establish special or extraordinary courts inKurdistan.
Article 85:
The law shall regulate which courts have jurisdiction to investigate crimes of a military nature committed by members of the (Regional Guard) the Peshmerga, or by members of the internal security forces, as well as crimes committed by members of these forces against each other.
Article 86:
It shall be prohibited for law to stipulate that the courts are forbidden from hearing cases arising from such laws.
Article 87:
It shall be prohibited for laws to stipulate that any executive or administrative resolution or procedure is immune from appeal.
Article 88:
The law shall guarantee the impartiality of the administration, and that any individual who abuses his power shall be punished.
Article 89:
Anyone injured as a result of the misconduct or negligence of staff members from the Kurdistan Government’s Departments or Authorities, while said staff members are performing their jobs, shall be entitled to claim compensation from the aforementioned agencies.
Article 90:
Judicial decisions must be implemented. Refusal to implement them, or obstructing their implementation, shall be considered a criminal offense punishable by law. If the accused is a civil servant or an individual charged with performing a public service, then in addition to receiving a punitive sanction, he shall be dismissed from his position. The judgment beneficiary shall have the right to bring an action directly before the competent court, and if he has suffered any harm, the government shall guarantee him full compensation. This compensation shall not detract from the subordinate’s responsibility.
Second: The Constitutional Court of Kurdistan – Iraq
Article 91:
The Constitutional Court of Kurdistan –Iraqshall be established by law.
Article 92:
First:
The Constitutional Court of Kurdistan shall be composed of seven members, including the Chief Justice. Members shall be selected from among judges, law professors, and lawyers who have a total of at least twenty years of practice in the judicial or legislative field, in teaching or in legal practice.
Second:
The president of the Kurdistan Region, in consultation with the Judicial Council, shall nominate the members of theConstitutional Court.
Third:
After the Parliament of Kurdistan has confirmed, by a majority of two-thirds of its members, the nominees to theConstitutional Court, the President of the Kurdistan Region shall issue a decree appointing these nominees as members of the Court.
Second replace text to read: The judicial council shall nominate members of constitutional court.
Third – replace text to read: Members of the judicial court shall be required to receive a vote of confidence by two-thirds of the members of parliament.
Article 93:
The Court shall elect its Chief Justice from among its members.
Article 94:
Before beginning their duties, the Chief Justice and members of theConstitutional Courtshall take the legal oath of office before the President of the Kurdistan Region.
Replace text to read: The President and members of the constitutional court shall take an oath before parliament before commencing their duties.
Article 95:
TheConstitutional Courtshall have jurisdiction over the following matters:
First:
Explain the stipulations of the article of the Kurdistan Region’s Constitution.
Second:
1- Monitor the constitutionality of the laws, based on a request from the President of the Kurdistan Region, the Council of Ministers, tem members of Parliament, or any concerned party.
2- Decide the legality of decrees, regulations, resolutions and instructions, based on the request of any concerned party.
Third:
Settle appeals brought before [the Constitutional Court] that arise from an ongoing case before a court and are related to the unconstitutionality of a law or the illegality of a resolution, regulation, or instruction. The aforementioned court must adjourn the case until the result of the appeal is decided.
Fourth:
Certify the result of referendums and of general elections for the President of the Region, the Kurdistan Parliament, and local and municipal council.
Fifth:
Decide on the constitutionality of proposed amendments to the Constitution of the Kurdistan Region, and decide whether said amendments conform to the requirements listed in Article 120 of this Constitution.
Sixth:
Try the President or Vice President of the Kurdistan Region after they have been impeached by the Parliament in accordance with Article 62 of this Constitution. The conviction of the President or the Vice President the agreement of at least five of the Court’s members.
Seventh:
Settle cases brought before the Court in accordance with Article 19, Paragraph18/3 of this Constitution.
Eighth:
Settle appeals related to the validity of membership, and lift the immunity of parliamentary members.
Second (1) – replace text to read: Monitor the constitutionality of the laws, based on a request from the President of the Kurdistan Region, the Council of Ministers and/or ten members of Parliament.
Second (2) – replace to read: Approval of the results of referenda and general elections to the Kurdistan parliament.
Sixth – replace text to read: Try the President or Vice President of the Kurdistan Region after they have been impeached by the Parliament in accordance with Article 62 of this Constitution. This shall be organised by a law.
Article 96:
The law shall determine the conditions for membership in the Court, the Court’s work processes, and how the Court accepts cases, motions and appeals.
Article 97:
The rulings of theConstitutional Courtshall be final and binding for all. If the Court, in deciding the constitutionality of laws, or the legality of decrees, regulation, resolutions and instructions, resolves that any law, decree, regulation, resolution or instruction violates the Constitution or the law, the Court should notify the concerned authority inKurdistan, so that this authority may take the necessary measures to remove or correct the constitutional violations.
Third: The Judicial Council
Article 98:
First:
The Judiciary Council shall be composed of the President of the Court of Cassation and his deputies, the Head of the judiciary Inspection Department, the Head of the Public Prosecution; and the presiding judges of the appellate district courts inKurdistan.
Second:
The judiciary Council shall manage the affairs of the judiciary, guarantee its independence, and oversee judicial agencies, in accordance with the law.
First – replace text to read: The judicial council shall comprise the president of the high court and his deputies, the president of magistrates’ court, the president of prosecution service and the presidents of the supreme council.
Article 99:
First:
The judicial authority shall have its own special budget that shall be appended to the budget of the Region. This budget shall be financed through judicial fees and fives collected in accordance with the law, and by the funds which the Government of Kurdistan provides for this purpose.
Second:
The Judicial Council shall be responsible for preparing an annual draft budget for the judicial authority, and shall consult theConstitutional Courtregarding the allocations set aside for it. The Judicial Council shall present the draft budget to the Parliament of KurdistanIraqfor its approval. The final figure for this budget must be incorporated into the annual budget of the Kurdistan Region.
Section four
First: The Public Prosecution
Article 100:
The Public Prosecution shall represent society in defending justice, protecting legality, public order, the security of the region and of its public funds, and in protecting families and individuals and their freedoms. This shall be regulated by law.
Second: The Shura (Advisory) Council
Article 101:
A Shura Council of the Iraq Kurdistan Region shall be established. The missions and authorities of the Shura Council shall be regulated by a law.
Section Five
Local Administrations and Municipal Council
Article 102:
Administrative divisions in the Kurdistan Region shall be as follows: government, districts, counties and villages. The establishment of these administrative divisions, the designation or change of their capitals, the settling or modification of their boundaries, and the separation of one administrative unit to attach it to other such units shall take place in accordance with the law.
Article 103:
First:
In order to achieve democracy, administrative decentralization shall be applied, continuously developed and activated in running the administrative units of Kurdistan (government, districts, counties and villages), because it is one of the indispensable tools for the participation of the Region’s citizens in running the administrative unit’s general affairs. Each administrative unit shall have a local council, chosen by secret ballot in direct and general elections. The method, in which these councils are elected, as well as their powers and duties, shall be clarified by law.
Second:
Each administrative unit shall have an executive council chaired by the chief officer of that administrative unit. The law shall clarify how this council is formed, determine its powers and duties, and define its relationship to the local council of the same administrative unit and to the central Ministries and institutions ofKurdistan.
Article 104:
The capital of each government, district, county, or village with a population of at least 3.000 people shall have a municipality, managed by an elected municipal council which shall provide public services to its citizens in accordance with the law.
Article 105:
First:
Local and municipal councils shall enjoy the status of a legal person.
Second:
Each administrative or municipal unit have its own independent budget.
Article 106:
First:
Equitable representation of the ethnic groups living within an administrative unit or municipality shall be taken into account in the composition of local and municipal councils. This process shall be regulated by law.
Second:
The electoral law for local and municipal councils must aim to ensure that at least 30% of the council’s members are women.
Section Six
Independent Authorities and Commissions
Article 107:
First:
The following entities shall be established by law:
1- The Independent High Authority for Elections and Referenda in Kurdistan -Iraq.
2- The Financial Auditing and Integrity Board.
3- The Public Authority for the Safety and Quality of Local and Imported Products.
Second:
The following entities shall be established by law:
1- The Advisory Council for Economic and Social Affairs.
2- The task of this Council shall be to provide advice to the office of the President of the Region, the Parliament, and the Council of Ministers on economic and social affairs.
Article 108:
First:
The authorities and commissions included in the first paragraph of Article 107 of this Constitution shall be subject to oversight by the Kurdistan Parliament. The law shall regulate the relationship of each aforementioned authority or commission to the Parliament.
Second:
Other authorities and commissions may be formed by law, in addition to those mentioned in the first paragraph of Article 107 of this Constitution.
Article 109:
A Council called (The Council of the Region’s Security) shall be formed. This Council shall be linked to the President of the Region. The powers and duties of this Council shall be regulated by the law.
Replace text to read: A council shall be formed called the national security council that shall be under the supervision of the Prime Minister and Parliament. Its components, powers and duties shall be organised by a law.
Article 110:
Low income individuals shall be exempt from taxes in a manner that ensures a fair minimum standard of living. This process shall be regulated by law.
Article 111:
The revenues of the Kurdistan Region shall be composed of the following:
First:
Kurdistan’s share of the federal government’s general budget, originating from proceeds from oil and gas resources, customs duties, and other federal revenues, including loans, grants, gifts and aid.
Second:
Proceeds from taxes, fees, and charges for public utilities; and from the revenues of public institutions and companies.
Third:
Charges collected from the administration and levying of federal taxes and customs fees, and other federal revenues in the Region.
Fourth:
Proceeds from the Region government’s investments and resources.
Fifth:
Grants and gifts.
Sixth:
Domestic and foreign loans specific to the Region.
Seventh:
Financial support provided by the federal government to the Government of the Region.
Delete
Article 112:
The fiscal year shall be specified by law.
Article 113:
First:
A budget law for the Kurdistan Region, including estimated revenues and expenditures, shall be legislated every fiscal year.
Second:
The draft budget for the (next) fiscal year shall be presented to the Kurdistan ParliamentIraqthree months prior to the end of the fiscal year.
Third:
In the event that the preparation or presentation of the budget is delayed for any reason beyond the beginning of the fiscal year, the Government of Kurdistan shall, each month the budget is delayed, disburse one twelfth of the approved appropriations in the budget of the elapsed fiscal year.
Article 114:
The President and Vice President of the Kurdistan Region, the President of the Kurdistan Parliament, Members of Parliament, the Prime Minister and the Deputy Prime Minister, Ministers, Judges, public prosecutors and deputy public prosecutors, individuals with special grades, general directors, and individuals of these ranks shall be prohibited from buying or renting any public property in Kurdistan – Iraq. The aforementioned individuals shall also be prohibited from leasing or selling any part of their property to the regional authorities, and from entering into contracts either directly or by proxy as concessionaries, suppliers, or contractors.
Article 115:
Pursuant to Article 126/fourth of the federal Constitution, no amendment to the federal Constitution shall be enacted if it diminishes those powers exercised by the authorities of the Kurdistan Region that do not lie within the exclusive jurisdiction of the federal authorities, unless the agreement of the Region’s Parliament to said amendment has been secured, and a majority of voters in a referendum indicate the agreement of the people of Kurdistan to this amendment.
Article 116:
In addition to its normal areas of jurisdiction, the Kurdistan Court of Cassation shall have the authority to explain the stipulations of this Constitution, and to settle appeals that arise from ongoing cases before the courts and that are related to the unconstitutionality of laws, or the illegality of resolutions, decrees, regulations and instructions. The Court of Cassation shall exercise these authorities until the Constitutional Court of Kurdistan is formed.
Replace text to read: Until the constitutional court is formed, the high court shall act fully on its behalf.
Article 117:
Laws shall be published in the officialKurdistangazette [Waqai’i Kurdistan], and shall come into force on the date of their publication, unless the given law stipulates otherwise.
Article 118:
This Constitution shall be considered ratified after it has been approved in a public referendum by a majority of the voters of the people of the Kurdistan Region.
Article 119:
In case of amend the sequence of the materials of the Federal Constitution, which was considered in the present Constitution Kurdistan Parliament – Iraq Kurdistan, by a majority vote of those present, shall correct the sequence based on it.
Article 120:
First:
The Constitution may be amended according to the procedures mentioned in this article, provided that the amendment not infringe upon the integrity of Iraq Kurdistan’s republican and democratic system, or upon its territorial unity, and provided that the amendment not undermine the basic right and freedoms set forth in the Constitution.
Second:
Together, the President of the Kurdistan Region and the Council of Ministers, or half of the Members of Parliament, may propose a constitutional amendment.
Third:
After reviewing the proposed amendment within forty-five days, theConstitutional Courtshall determine whether the proposed amendment conflicts the conditions set forth in the first paragraph of this article.
Fourth:
The Kurdistan Parliament-Iraq may approve the proposed amendment by a majority of two-thirds of its members.
Fifth:
The majority of the voters of the people of Iraqi Kurdistan shall agree to the amendment in a general referendum.
Third – replace text to read: The constitutional court shall decide within 30 days whether the recommendation is in line with the constitution or not.
Article 121:
The citizens of the Region shall have the right to a referendum. Twenty-five percent of eligible voters in the Region shall have the right to referendum on a particular issue, provided that such a referendum is conducted and regulated by law.
Article 122:
First:
This Constitution shall go into effect sixty days after the date on which it is approved in a general referendum. The President of the Kurdistan Region shall be responsible for publishing this Constitution in the official gazette (Waqai’i Kurdistan) within ten days of the date on which it is approved in a general referendum.
Second:
All of the law in force on the date on which this Constitution comes into effect shall remain in force as long as they are not amended or annulled in accordance with the provisions of this Constitution.
First – replace text to read: This constitution shall be voted on by majority in a referendum; after the result is declared, the constitution shall be used.
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