15.10.2007 - Source: UN Security Council

Draft report under scrutiny by review committee; review timeline extended to December 2007 ("Report of the Secretary-General pursuant to paragraph 6 of resolution 1770 (2007) [S/2007/608]") [ID 21935]

"The initial draft report submitted to Parliament by the Constitutional Review
Committee on 23 May met opposition due to several politically contentious issues,
including the powers of the presidency, the authority of the federal Government and
the implementation of Article 140 on disputed territories. The Council of
Representatives subsequently extended the timeline for submission of the
Committee’s final report three times — most recently until the end of December
2007. (see Section III/B/29)"

Document(s): Report

08.2007 - Source: UN High Commissioner for Refugees

Approval and Review of the Constitution ("UNHCR's Eligibility Guidelines for Assessing the International Protection Needs of Iraqi Asylum-seekers") [ID 22461]

"With the approval of the Iraqi Constitution in a popular referendum on 15 October 2005, its publication in the Official Gazette and the seating of the new Government on 20 May 2006, the Constitution entered into force. It was drafted in 2005 by members of the Iraqi Constitutional Committee to replace the Law of Administration for the State of Iraq for the Transitional Period (TAL)."
"Constitutional review is widely considered essential to national reconciliation. Major
issues at stake include federalism, de-Ba’athification and the allocation of oil revenues. An understanding of various aspects of the Constitutional as well as legislative framework in relation to a number of key issues, facilitates assessment of the international protection needs of Iraqis with certain types of claims. [Sec.II/B/pp.27-28]"

Document(s): Open document

15.10.2005 - Source: US Institute of Peace

Unofficial English translation of Iraqi Constitution ("Constitution of the Republic of Iraq") [ID 23727]

Document(s): Open document

28.02.2005 - Source: US Department of State

Country Report on Human Rights Practices 2004 ("Country Report on Human Rights Practices 2004") [#29526],  [ID 9870]

"The Transitional Administrative Law TAL established a republican, federal, democratic, and pluralistic system with powers shared among the federal and regional governments, including 18 governorates, as well as municipalities and local administrations. The Kurdistan Regional Government was recognized in the TAL as the official government of those territories that were administered by the Kurdish Regional Government on March 19, 2003 in the governorates of Dohuk, Arbil, Sulaimaniya, Kirkuk, Diyala, and Ninewah. Islam is the official religion of the State and, according to the TAL, is to be considered a source of legislation. The TAL also mandates the separation and independence of the legislative, executive, and judicial branches of the Government. Some aspects of the judicial system were dysfunctional and, at times, subject to external influence."

Document(s): Open document

09.03.2004 - Source: Integrated Regional Information Network

New constitution falls short on women’s rights ("original document") [ID 9872]

"(...) A new interim constitution signed by an appointed Iraqi government on Monday is not adequate in protecting women’s rights, human rights groups say. New York-based Human Rights Watch (HRW) said that in general, women’s rights are protected under the new constitution with a provision that prohibits sex discrimination. But it offered “deficient protection” in marriage, inheritance and children’s citizenship - areas where women in the Middle East have historically suffered discrimination, Leila Hull, an HRW worker, told IRIN from New York.

Specifically, the constitution does not allow women equal rights to marry, equal rights within marriage, and equal rights to divorce. It does not guarantee them the right to inherit wealth on an equal basis with men. And it fails to guarantee Iraqi women married to non-Iraqi men the right to give citizenship to their children, HRW said in a statement. But similar rules governing women under Shariah, or Islamic, law practiced in neighbouring Jordan can still be worked out in court to a woman’s advantage, Hanan Banat, a lawyer and director of a safehouse run by the Jordanian Women’s Union told IRIN Aman.

For example, if a husband is not taking care of the house and family, a woman has the right to go to court,” Banat said. “If a woman was divorced without reason, she gets compensation. And she can legally ask for alimony if she gets custody of the children in a divorce.” Women in Iraq should also have at least as many rights as various other minorities in the country, said Manal Omar, a spokesperson for Women for Women, a United States-based help group working in Iraq. Women for Women worked with US-led administrators to make sure women were recognized politically in the new constitution. A provision calls for women to make up 25 percent of elected officials.

Following approval of the document Monday, Shi’ite leader Grand Ayatollah Ali al-Sistani issued a religious edict saying he had reservations about the interim constitution. Such a document will only become legitimate when adopted by an elected body, al-Sistani said. Al-Sistani has called for direct elections rather than the more complex plan of caucus-based voting proposed by administrators before sovereignty is to be handed to Iraqis on 30 June. Sistani’s supporters on the appointed Iraqi Governing Council, said the charter gives minority Kurds and Sunni Muslims a veto over a permanent constitution to be drafted and voted on next year. (...)

US administrator Paul Bremer has praised the document, which was originally to be signed Friday. The document provides safeguards for freedoms and human rights for ethnic and religious groups who were oppressed under the more than 30-year rule of Saddam Hussein. US administrators believe the document lays down foundations for democracy. Of the council’s 25 members, most of the 13 Shi’ites refused to sign the document last week, saying they supported al-Sistani in his opposition. Al-Sistani later told members they were welcome to sign the document, despite his reservations. Clerics such as al-Sistani and others appear to wield enormous influence in the new Iraq, an arena previously dominated by Sunnis.

A clause in the interim document says that if two-thirds of voters in any three of Iraq’s 18 provinces rejects a permanent constitution, it cannot be adopted, any new parliament would be dissolved, and a general election would be held. A permanent constitution is expected to be drafted by a parliament to be elected by 31 January 2005. Kurds make up a majority in three northern provinces. Kurds and Sunnis make up 30 to 40 percent of Iraq’s estimated 25-27 million people. Shi’ites say that clause gives as little as 10 percent of the population the power to block the will of the remaining 90 percent. But Sunnis and Kurds say it protects the rights of minorities."

Document(s): original document

08.03.2004 - Source: Radio Free Europe/Radio Liberty

Full Text of Interim Constitution ("original document") [ID 9871]

Document(s): original document

05.03.2004 - Source: BBC News

Iraqis put constitution (Transitional Administrative Law) on hold ("original document") [ID 9874]

"(...) The US-appointed Iraqi Governing Council (IGC) has abandoned plans to sign a new interim constitution. The announcement came nearly seven hours after the signing ceremony was to have taken place in Baghdad. Five Shia members of the Council failed to turn up for the ceremony, demanding a revision of parts of the draft. Informal consultations were expected to continue over the weekend but no signing was expected before Monday, IGC sources said. (...)

NEW SHIA DEMANDS
A five-member rotating presidency, with more Shias
Removing minority rights to veto permanent constitution
"There will be no news releases tonight," said the coalition spokesman, who was not named. (...)

Minority vetoes
There is apparently a dispute over two elements of the draft document - named the Transitional Administrative Law - which, until now, had not seemed to be at issue.

DRAFT CONSTITUTION
Iraq will have a president, two deputies, a prime minister and a cabinet
Bill of rights includes protections for free speech and religious expression Islam will be one of a number of legislation sources
Women should make up 25% of assembly, Kurds remain autonomous
Shia members of the IGC are apparently calling for a collective presidency that includes three Shias, one Kurd and one Sunni Muslim. The draft stipulates a president and two deputies. It is believed Shias also want to change the mechanisms by which a permanent constitution could be ratified, removing safeguards that would give minority groups a veto. Clauses in the draft reportedly say two-thirds of voters in any three provinces can veto the permanent charter in a referendum.

"Some of these provinces have only 400,000 or 500,000 people. We cannot have that number of people rejecting a constitution for 25 million people," said Hamed al-Bayati, of the Shia Supreme Council of the Islamic Revolution in Iraq (Sciri). The Kurds' self-rule region includes three provinces - and reports suggest the Shias may have now gone back on a pledge to give Kurds constitutional guarantees.

Factional differences: The interim constitution sets out the framework for how Iraq will be governed after the US-led coalition ends the occupation on 30 June and before a new government is chosen by national elections, supposedly by early 2005. Supporters of the document say that it sets the standard for political freedoms and religious tolerance in an Arab country.

But the US-based Human Rights Watch criticised the interim constitution for what it said was a failure to give adequate protection to women's human rights. The terms of the provisional constitution were agreed only after tortuous negotiations between the different ethnic and religious factions on the IGC. (...) Its provisions could be overturned by a nationally elected body. The document does not specify which body will take over from the occupying powers by the end of June, nor does it say exactly how long elections will take to organise. These issues are bitterly contested, with the Shias especially suspicious that elections will be delayed to deny them the political power they believe goes with their majority in the population."

Document(s): original document

13.11.2003 - Source: International Crisis Group

Iraq's Constitutional Process ("original source") [ID 9876]

"THE LEGAL AND POLITICAL CONTEXT
PRIOR CONSTITUTIONS
POLITICAL PRECEDENTS
INSTITUTIONAL FRAMEWORK
CITIZENSHIP AND THE ETHNIC/ RELIGIOUS ISSUE
THE FEDERALISM ISSUE
THE QUESTION OF KIRKUK
THE ROLE OF RELIGION"

Document(s): original source