Iraqi Governing Concil member Younadem Kana raises the newly-signed Iraqi interim constitution as other members applaud in the background during signing ceremony Monday March 8, 2004 in Baghdad, Iraq. The signing came after the council members finally resolved a political impasse which was sparked by objections from the country's most powerful cleric. The signing was a key step in U.S. plans to hand over power to the Iraqis. (AP Photo/Peter Andrews)
Iraq's Transitional Administrative Law
Posted by: Editor on Tuesday, March 09, 2004 - 10:32 AM
From the Iraqi Governing Council
LAW OF ADMINISTRATION FOR THE STATE OF IRAQ FOR THE TRANSITIONAL PERIOD
PREAMBLE
The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in all their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law.
These people, affirming today their respect for international law, especially having been amongst the founders of the United Nations, working to reclaim their legitimate place among nations, have endeavoured at the same time to preserve the unity of their homeland in a spirit of fraternity and solidarity in order to draw the features of the future new Iraq, and to establish the mechanisms aiming, amongst other aims, to erase the effects of racist and sectarian policies and practices.
This Law is now established to govern the affairs of Iraq during the transitional period until a duly elected government, operating under a permanent and legitimate constitution achieving full democracy, shall come into being.
CHAPTER ONE - FUNDAMENTAL PRINCIPLES
Article 1.
(A) This Law shall be called the "Law of Administration for the State of Iraq for the Transitional Period," and the phrase "this Law" wherever it appears in this legislation shall mean the "Law of Administration for the State of Iraq for the Transitional Period."
(B) Gender-specific language shall apply equally to male and female.
(C) The Preamble to this Law is an integral part of this Law.
Article 2.
(A) The term "transitional period" shall refer to the period beginning on 30 June 2004 and lasting until the formation of an elected Iraqi government pursuant to a permanent constitution as set forth in this Law, which in any case shall be no later than 31 December 2005, unless the provisions of Article 61 are applied.
(B) The transitional period shall consist of two phases.
(1) The first phase shall begin with the formation of a fully sovereign Iraqi Interim Government that takes power on 30 June 2004. This government shall be constituted in accordance with a process of extensive deliberations and consultations with cross-sections of the Iraqi people conducted by the Governing Council and the Coalition Provisional Authority and possibly in consultation with the United Nations. This government shall exercise authority in accordance with this Law, including the fundamental principles and rights specified herein, and with an annex that shall be agreed upon and issued before the beginning of the transitional period and that shall be an integral part of this Law.
(2) The second phase shall begin after the formation of the Iraqi Transitional Government, which will take place after elections for the National Assembly have been held as stipulated in this Law, provided that, if possible, these elections are not delayed beyond 31 December 2004, and, in any event, beyond 31 January 2005. This second phase shall end upon the formation of an Iraqi government pursuant to a permanent constitution.
Article 3.
(A) This Law is the Supreme Law of the land and shall be binding in all parts of Iraq without exception. No amendment to this Law may be made except by a three-fourths majority of the members of the National Assembly and the unanimous approval of the Presidency Council. Likewise, no amendment may be made that could abridge in any way the rights of the Iraqi people cited in Chapter Two; extend the transitional period beyond the timeframe cited in this Law; delay the holding of elections to a new assembly; reduce the powers of the regions or governorates; or affect Islam, or any other religions or sects and their rites.
(B) Any legal provision that conflicts with this Law is null and void.
(C) This Law shall cease to have effect upon the formation of an elected government pursuant to a permanent constitution.
Article 4.
The system of government in Iraq shall be republican, federal, democratic, and pluralistic, and powers shall be shared between the federal government and the regional governments, governorates, municipalities, and local administrations. The federal system shall be based upon geographic and historical realities and the separation of powers, and not upon origin, race, ethnicity, nationality, or confession.
Article 5.
The Iraqi Armed Forces shall be subject to the civilian control of the Iraqi Transitional Government, in accordance with the contents of Chapters Three and Five of this Law.
Article 6.
The Iraqi Transitional Government shall take effective steps to end the vestiges of the oppressive acts of the previous regime arising from forced displacement, deprivation of citizenship, expropriation of financial assets and property, and dismissal from government employment for political, racial, or sectarian reasons.
Article 7.
(A) Islam is the official religion of the State and is to be considered a source of legislation. No law that contradicts the universally agreed tenets of Islam, the principles of democracy, or the rights cited in Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights of all individuals to freedom of religious belief and practice.
(B) Iraq is a country of many nationalities, and the Arab people in Iraq are an inseparable part of the Arab nation.
Article 8.
The flag, anthem, and emblem of the State shall be fixed by law.
Article 9.
The Arabic language and the Kurdish language are the two official languages of Iraq. The right of Iraqis to educate their children in their mother tongue, such as Turcoman, Syriac, or Armenian, in government educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, shall be guaranteed. The scope of the term "official language" and the means of applying the provisions of this Article shall be defined by law and shall include:
(1) Publication of the official gazette, in the two languages;
(2) Speech and expression in official settings, such as the National Assembly, the Council of Ministers, courts, and official conferences, in either of the two languages;
(3) Recognition and publication of official documents and correspondence in the two languages;
(4) Opening schools that teach in the two languages, in accordance with educational guidelines;
(5) Use of both languages in any other settings enjoined by the principle of equality (such as bank notes, passports, and stamps);
(6) Use of both languages in the federal institutions and agencies in the Kurdistan region.
CHAPTER TWO - FUNDAMENTAL RIGHTS
Article 10.
As an expression of the free will and sovereignty of the Iraqi people, their representatives shall form the governmental structures of the State of Iraq. The Iraqi Transitional Government and the governments of the regions, governorates, municipalities, and local administrations shall respect the rights of the Iraqi people, including those rights cited in this Chapter.
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