'Iraq First' -- Iraqi National Security Strategy 2007 -- 2010
'Iraq First' -- Iraqi National Security Strategy 2007 -- 2010
'Iraq First' -- Iraqi National Security Strategy 2007 -- 2010
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Republic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilIn the Name of Allah, Most Gracious, Most Mercifulجمهورية العراقمجلس الوزراءمجلس الأمن الوطنيئه نجومه ني ئاساييشى نيشتمانىRepublic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilNo.2/ATo:Council of Representatives PresidencyThe Presidency of IraqThe CabinetSupreme Judicial CouncilAll MinistriesInstitutions not linked to MinistriesParliament and Government of the Kurdistan RegionHeads of Provincial Governing Councils and GovernorsPeace be on you…Subject: <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>((General Introduction))The <strong>Iraqi</strong> Constitution of 2005 – Item 110 – second paragraph states that (establishing andimplementing national security policy) is one of the specific duties of the federal government.Therefore, Prime Minister Maliki directed the <strong>National</strong> <strong>Security</strong> Council to develop a <strong>National</strong><strong>Security</strong> <strong>Strategy</strong> <strong>2007</strong>-<strong>2010</strong>. The strategy that represents the policy of the Government, inachieving national interests and identifying and deterring threats as part of the political andpractical program of the Government, was prepared in a joint national <strong>Iraqi</strong> effort and highlevel coordination in meetings that continued for four months in the Ministries and otherconcerned entities.The <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong> is a document that the Ministries and other Institutions of theGovernment use in establishing their policies and plans related to national security. Theannouncement of this strategy helps in enhancing understanding of the direction and intent ofthe Government of Iraq in the region and with other countries; assists in establishing positiverelationships with the international community and especially in the region; and createsnational tie between the people and the Government so as to make the people part of thepolitical, economic, social and security program. In order to make the national project a jointeffort to build the government and protect its principles and premises, the following should betaken into consideration:(4-1)
Republic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilIn the Name of Allah, Most Gracious, Most Mercifulجمهورية العراقمجلس الوزراءمجلس الأمن الوطنيئه نجومه ني ئاساييشى نيشتمانى1. <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong> preparation phases:a. The Joint Planning Center (JPC), including representatives of members of theDMCNS (Deputy Ministerial Committee on <strong>National</strong> <strong>Security</strong>) and directorsgeneral (DGs) from the main Ministries, was authorized on 27 March <strong>2007</strong> toprepare the strategy. The JPC held six long meetings hosting a number of expertsand specialists in the field of strategy and the recommendations and work planwere sent to the DMCNS in April <strong>2007</strong>.b. A main team for preparing the strategy was formed and supervised by the DeputyNSA (<strong>National</strong> <strong>Security</strong> Advisor); directed by the DG of the JPC; and includedeight different advisors from different fields as members; according to theadministrative order 401 of 9 May <strong>2007</strong>. This main team worked jointly with asupporting team composed of representatives of members of the MCNS in theJPC and a group of experts.c. Nineteen meetings were held for the two teams in the <strong>National</strong> <strong>Security</strong> Councilduring the period 10 April <strong>2007</strong> to 1 July <strong>2007</strong>. A number of authoritative experts(from the Ministry of Defense, Ministry of Planning, Public Integrity Commission,Vice- President Hashimi’s Office, and representatives of the Kurdistan RegionalGovernment) and university professors were hosted.d. A draft of the strategy was sent to the three Presidencies, to all Ministries, and toall institutions not linked to Ministries in our letter 461 on 8 May <strong>2007</strong>. The twoteams incorporated all recommendations and comments received after studyingand examining them.e. The strategy was presented to the DMCNS in the phase of preparation on 30April <strong>2007</strong> and to the MCNS on 10 June <strong>2007</strong>. The notes and recommendations ofthe two councils were taken into consideration. Of particular note is that the twocouncils showed their support for the drafting procedure and affirmed thenecessity of preparing this historical document. The document then was submittedto the DMCNS in 25 June <strong>2007</strong> and finally submitted to the MCNS on 22 July<strong>2007</strong> where it was approved.f. A group of the <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong> preparation team visited Vice-PresidentTariq Hashimi, First Deputy of the Council of Representatives Head Sheik KhalidAl-Atya, the Minister of interior, the Chief of the Diwan of the Council of Ministers,the President of the Kurdistan Region and a number of officials in Kurdistan, topresent the details of the strategy and take notes and recommendations toadvance this national project as the first <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong> in the politicalhistory of Iraq.(4-2)
Republic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilIn the Name of Allah, Most Gracious, Most Mercifulجمهورية العراقمجلس الوزراءمجلس الأمن الوطنيئه نجومه ني ئاساييشى نيشتمانى2. Prime Minister Maliki wrote the Introduction to the <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong> on 21 July<strong>2007</strong>.3. The introduction and appreciation letter was written by the <strong>National</strong> <strong>Security</strong> Advisor on22 July <strong>2007</strong>.4. Due to the importance of the presenting and obtaining support for the strategy at alllevels and from all authorities in Iraq, the strategy was printed in Arabic and translatedinto English. A Kurdish version is also being produced.5. References used in the preparation of this strategy:a) <strong>Iraqi</strong> Constitution of 2005b) International Compact for Iraq Documentc) <strong>National</strong> Dialogue and Reconciliation Project Documentd) A number of different national security strategies from other countries.Please consider this … with respectDr. Mowaffak Rubaie<strong>National</strong> <strong>Security</strong> AdvisorJuly <strong>2007</strong>(4-3)
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>In the Name of Allah, Most Gracious and Most MercifulMessage from the Prime Minister of IraqProgress of countries and nations is measured by the presence ofa clear strategy that is scientifically based and adopts practicalcriteria for measuring progress and success. The success of ourdemocratic approach depends on the general framework of thenational security strategy; in which all security domains includingpolitical, economic, security and informational are the foundationfor democracy.Throughout its history Iraq was governed and oppressed bydespotism and dictatorship, did not have clarity in its objectives andpolicies, and adopted a self-contradictory defective ideology andpractices that resulted in many crises.Therefore, in order to establish a federal democratic Iraq, thenational security strategy was created.Noori al MalikiPrime Minister of IraqJuly <strong>2007</strong>
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Message from the <strong>National</strong> <strong>Security</strong> Advisor of IraqIn appreciation and acknowledgementArticle (110) of the Constitution states that national security policy isone of the tasks of the Federal Government; therefore the national securitystrategy represents a constitutional requirement presented by theGovernment to announce its vision of the national interests, threats, and themeans available to defeat these threats.The national security strategy represents the general framework to befollowed by the Government in achieving the national interests of the <strong>Iraqi</strong>people in light of the threats Iraq confronts; the concerned ministries will usethis strategy in establishing detailed programs for the implementation of theprinciples of the strategy.Distribution of the strategy to the world will make the world morereassured of Iraq’s intent to establish positive and cordial relationships withits neighbors and other countries; and reemphasize Iraq’s position inrefusing to make its territory a starting ground, a headquarters, or a passageto terrorists and criminal groups that threaten the security of Iraq and itsneighbors — this will pave the way to rebuilding practical relationships withother countries, especially neighboring countries. The distribution of thestrategy, also, contributes to informing the citizenry of the Government’sdirections and intent to achieve its supreme interests such as security,welfare, stability and peace.This strategy is the result of weeks of a collective effort and hard workof an <strong>Iraqi</strong> team, in which <strong>Iraqi</strong>s demonstrated the spirit of dedication andseriousness.I am most thankful to all those officials from all security ministries andinstitutions who contributed to this strategy, especially my colleagueministers for their invaluable notes. I also present a special acknowledgmentto the Joint Planning Center in the <strong>National</strong> <strong>Security</strong> Advisory Team and itsdirector Mr. Ali Abdul Aziz and to all those who contributed to completing thismajor effort.Dr. Mowaffak al Rubaie<strong>National</strong> <strong>Security</strong> AdvisorJuly <strong>2007</strong>
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>In the Name of Allah, Most Gracious and Most MercifulMessage from the Prime Minister of IraqProgress of countries and nations is measured by the presence ofa clear strategy that is scientifically based and adopts practicalcriteria for measuring progress and success. The success of ourdemocratic approach depends on the general framework of thenational security strategy; in which all security domains includingpolitical, economic, security and informational are the foundationfor democracy.Throughout its history Iraq was governed and oppressed bydespotism and dictatorship, did not have clarity in its objectives andpolicies, and adopted a self-contradictory defective ideology andpractices that resulted in many crises.Therefore, in order to establish a federal democratic Iraq, thenational security strategy was created.Noori al MalikiPrime Minister of IraqJuly <strong>2007</strong>
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Message from the <strong>National</strong> <strong>Security</strong> Advisor of IraqIn appreciation and acknowledgementArticle (110) of the Constitution states that national security policy isone of the tasks of the Federal Government; therefore the national securitystrategy represents a constitutional requirement presented by theGovernment to announce its vision of the national interests, threats, and themeans available to defeat these threats.The national security strategy represents the general framework to befollowed by the Government in achieving the national interests of the <strong>Iraqi</strong>people in light of the threats Iraq confronts; the concerned ministries will usethis strategy in establishing detailed programs for the implementation of theprinciples of the strategy.Distribution of the strategy to the world will make the world morereassured of Iraq’s intent to establish positive and cordial relationships withits neighbors and other countries; and reemphasize Iraq’s position inrefusing to make its territory a starting ground, a headquarters, or a passageto terrorists and criminal groups that threaten the security of Iraq and itsneighbors — this will pave the way to rebuilding practical relationships withother countries, especially neighboring countries. The distribution of thestrategy, also, contributes to informing the citizenry of the Government’sdirections and intent to achieve its supreme interests such as security,welfare, stability and peace.This strategy is the result of weeks of a collective effort and hard workof an <strong>Iraqi</strong> team, in which <strong>Iraqi</strong>s demonstrated the spirit of dedication andseriousness.I am most thankful to all those officials from all security ministries andinstitutions who contributed to this strategy, especially my colleagueministers for their invaluable notes. I also present a special acknowledgmentto the Joint Planning Center in the <strong>National</strong> <strong>Security</strong> Advisory Team and itsdirector Mr. Ali Abdul Aziz and to all those who contributed to completing thismajor effort.Dr. Mowaffak al Rubaie<strong>National</strong> <strong>Security</strong> AdvisorJuly <strong>2007</strong>
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Contents1. Introduction (6 – 8)A. The <strong>Iraqi</strong> national visionB. The strategic environment of Iraq2. <strong>National</strong> interests (9 – 13)A. Political interests (9 – 10)First. Strengthening national sovereigntySecond. FederalismThird. Protecting civil rights and freedomsFourth. Establishing and organizing regional andinternational relationshipsFifth. The rule of lawB. <strong>National</strong> security (10 – 11)First. <strong>National</strong> unitySecond. <strong>Security</strong> of the nation and its territoryThird. <strong>Security</strong> of individuals and propertyC. Economic interests (11)First. Developing a multi-resource economy and makingthe best use of natural treasuresSecond. Developing human resourcesThird. Promoting the general welfare and raising thestandard of livingD. Social interests (12 – 13)First. Education, public health, social services,and preserving the environmentSecond. Reinforcing the role of civil society institutionsThird. Reinforcing the spirit of citizenship3. Threats (14 – 16)(Page 1 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>A. Terrorism and insurgency (14)B. Sabotage and corruption (14)C. Organized crime (14)D. Regional and international threats; and interferencein internal affairs (14)E. Illegal armed groups and militias (15)F. Mentality of dictatorship and isolation of groups (15)G. Sectarian and ethnic violence (15)H. Emigrants, immigrants, and displaced people (15 – 16)I. Unemployment (16)J. Ecological interdependence (16)4. Strategic means (17 – 48)A. Political domain (17 – 24)First. General political domain(1) <strong>National</strong> reconciliation and constitutional review(2) The rule of law(3) Completing the transition of security responsibilityfrom the Multinational Force in Iraq to the <strong>Iraqi</strong>constitutional authorities(4) Reducing the requirements for the presence of theMultinational Force in Iraq(5) Establishing positive international relationships(6) Adhering to international agreements related tocounterterrorism, collective security, andnonproliferation of weapons of mass destruction(7) Concluding bilateral and multilateral securityagreements(8) Reinforcing the participation of Iraq in the UnitedNations and international fora(9) Reviewing agreements concluded by the formerregime that harm <strong>Iraqi</strong> interests(Page 2 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(10) Reconsidering the law and procedures of the<strong>National</strong> De-Baathification CommitteeSecond. Political-social domain(1) Adopting international criteria within the <strong>Iraqi</strong>Judiciary(2) Including human rights education in the cultural andeducational sectors according to legislation(3) Establishing a national committee for human rightsand reinforcing the role of civil society institutions(4) Involving civil society institutions in helping to design,implement, and oversee reform, rebuilding, andamassing <strong>Iraqi</strong> social capital in the process of growth(5) Preparing a draft amnesty law in harmony withinternational criteria(6) Supporting and developing sports and positive youthactivities(7) Adopting special programs for women and childrenB. <strong>Security</strong> domain (25 – 30)First. Completing the development, missions, and functionsof <strong>Iraqi</strong> <strong>Security</strong> ForcesSecond. Enhancing the constitutional civilian command of thesecurity institutionsThird. Completing the transition of operational control of <strong>Iraqi</strong>army divisions from the Multinational Force, Iraq to the<strong>Iraqi</strong> GovernmentFourth. Completing the development of the command andcontrol systemFifth. Achieving security self-relianceSixth. Developing counterterrorism capabilities and programsSeventh. Developing a policy to solve the problem of militias andto reintegrate them into the societyEighth. Reforming, completing, and supporting the JudiciaryNinth. Developing rehabilitation institutions and theiremployees(Page 3 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>C. Economic domain (30 – 45)First. Transitioning to a free market economy and reformingthe social, energy, and agricultural sectorsSecond. Activating the private sector and creating anappropriate competitive investment environmentThird. Fighting corruption and reinforcing good governanceFourth. Investing national resources in an optimal, transparent,and fair mannerFifth. Attracting foreign investmentSixth. Adopting a unified budgeting system and a single chartof accountsSeventh. Eliminating the national debt, terminating interestpayments, and obtaining international aidEighth. Developing a stable agricultural sector capable ofcompeting, improving, renewing nutritional security,preserving the natural environment, supportingagricultural producers, and developing agriculturalfunding programsNinth. Providing basic services and improving the standard oflivingTenth. Developing social protection networks and protectingthe weakest and poorest groupsEleventh. Compensating victims of terrorism and politicalviolenceTwelfth. Creating work opportunities for the unemployed, andeliminating poverty and physical and sexual abuseD. Informational domain (45 – 48)First. Establishing accurate and timely information systemsto support all national interestsSecond. Conducting information operations to influence targetaudiences to support all national interestsThird. Establishing e-government programs to support allnational interests(Page 4 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Fourth. Promulgating legislation that guarantees freedom ofthe press and expression in a manner that does notviolate public order and ethicsFifth. Establishing a national media policy to reinforcenational reconciliation and to confront the mediainciting of violence and terrorism(Page 5 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>1. IntroductionA. The <strong>Iraqi</strong> national visionThe <strong>Iraqi</strong> national vision fulfills the <strong>Iraqi</strong> people’s aspirationsfor establishing a unified, democratic, federal state, in whichboth security and stability prevail; all citizens have equalrights and responsibilities under a constitutional government;all look forward to building a prosperous economy openedwide to the world; and the country is an active member inregional and international organizations.B. The <strong>Iraqi</strong> strategic environmentFirst. Iraq is experiencing a historically dangerous periodwhich is a transition between the quick collapse of adictatorial, abusive, totalitarian regime; and thetransformation of the <strong>Iraqi</strong> people into a civilizedcommunity. This period is characterized by a number ofchallenges and opportunities that form the strategicenvironment for the next few years.Second. The greatest challenge in this period is that thetransformation itself provides a fertile environment forreligious, sectarian, and ethnic groupings in a diversecommunity. This environment permits interference andshort-range policies, by regional countries, that are builton special interests and exaggerated fears toward thenew Iraq.Third. The followers of the previous regime represent anotherbig challenge. The previous dictatorial regime relied on asmall group of the citizenry that possessed weapons,money, and experience but lacked the simplest ofvalues, ethics, and knowledge. This group will not easilylet go of the authority and national resources that they(Page 6 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>possessed for decades. They are ready to die to retaketheir past power and authority by any means.Fourth. The current Government has to protect the newlyborn democracy from the dangers of conspiracy andintervention, while differentiating between the remainderof those who were misled and those who entered intothe disbanded Baath Party in order to live under theprevious abusive conditions.Fifth. Another challenge is represented by the growth ofterrorist groups that have adopted Takfirist ideologywhich has deviated from the ideologies of the region andthe world. These groups have found an opportunity forexpansion due to the lack of security after the collapseof the previous regime. They also exploited the presenceof foreign forces and the general attitude againstAmerica in Arab and other regional countries, to getmore support from the region.Sixth. Another challenge stems from the nature of the warsthat the previous regime started. Its misguided policiesresulted in international sanctions and the completeisolation of Iraq, and left a heavy heritage for thebuilders of the new Iraq. It left a debt of more than 120billion dollars; an internally devastated economy thatrelied solely on oil exports; an infrastructure neglectedfor more than 20 years; a low level of individual income;an increase in inflation to destructive levels, seriouslydamaging the middle class and crushing the poor class;an increase in underemployment; a serious increase inthe level of administrative and financial corruption; andthe emergence of organized crime run by members ofthe previous regime.Seventh. The previous regime’s policy of minimizing thelegitimate roles of government institutions led to theircollapse after the collapse of the Head of theGovernment. All this resulted in significant difficultiesand conditions that permitted the growth of corruptionand organized crime, especially as the result of the lackof security that followed the collapse of the previousregime. These difficulties came simultaneously with the(Page 7 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>rise of people’s expectations for immediate improvementin all aspects of life.Eighth. With the collapse of the previous regime, and thebeginning of building the new Iraq, it is now time todisband the militias that fought the previous regime andreintegrate them into the society. Dealing the issue ofmilitias formed after the collapse of the previous regimedue to the lack of security, and the growth of terrorismand mutual fear poses perhaps a more difficultchallenge, if the <strong>Iraqi</strong> Government wishes to confront it.Ninth. Counterterrorism represents another challengefor the Government in that it cannot set aside humanrights and freedoms, or interfere with freedom ofexpression and an independent media which are amongits primary commitments. Nevertheless, these securitycircumstances should not affect the transparency of theGovernment.Tenth. These challenges and dangers are offset byopportunities and national resources: Iraq is a richcountry that has a huge reserve of oil and mineraltreasures, water, and fertile land; and is also rich withhuman resources qualified in a way that offers theopportunity for building and a rapid rise of an advanced,multi-resource economy.Eleventh. The cultural heritage of Iraq, its history ofpeaceful coexistence by all its societal components, andthe rejection of extremism by the people, offer theopportunity to have a unified multi-group society under afederal democratic system.Twelfth. Although these factors and others do not decidethe future of Iraq, yet they represent the strategicenvironment of the current period in which the new Iraqwill develop. Iraq must accommodate these factors as itbecomes a secure, stable, and prosperous country.(Page 8 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>2. <strong>National</strong> InterestsA. Political interestsFirst. Strengthening national sovereigntyThe Government of Iraq endeavors to achieve selfreliance,to assume full responsibility for security, andto organize relations with friendly countries, includingcountries in the region and in the wider internationalcommunity, through equitable treaties andagreements.Second. FederalismThe federal system is the best solution to sharingauthority between the central government and thelocal authorities of the provinces in order vest moreauthority in local authorities according to the <strong>Iraqi</strong>Constitution. Consequently, the federal systemis considered an appropriate model for goodgovernance that represents all <strong>Iraqi</strong> groups, and thatenhances and strengthens the government of unity.Third. Protecting civil rights and freedomsThe Government of Iraq endeavors to raise thestandard of living of the <strong>Iraqi</strong> people, to providesecurity, to promote human dignity, and to ensureequal rights as contained in the <strong>Iraqi</strong> Constitution andinternational conventions. It endeavors to free itscitizens from injustice and deprivation; to provideeducation, housing, health care, and nutritionprograms; and to promote civil and political rights.Fourth. Establishing and organizing regional andinternational relationshipsIraq has a vital interest in establishing equitable(Page 9 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>mutual relationships with all countries, especiallyneighboring countries. Iraq seeks to enhanceharmony and understanding with all countries, inorder to create a stable environment, allowingeconomic, political and security normalization, so asto make Iraq an active member in all international andregional organizations.Fifth. The rule of lawThe Government of Iraq exerts extensive effort toreform the judiciary in Iraq, including completinglegislation, reconsidering laws and regulations thatare not compatible with the Constitution, reinforcingthe capabilities of law-implementing services, andcompleting and reforming the system of rehabilitationinstitutions [including corrections] to be congruentwith human rights principles and the rule of law.B. <strong>National</strong> securityFirst. <strong>National</strong> unityOne pillar of the modern Iraq is to safeguard nationalunity and the <strong>Iraqi</strong> social structure, including differentreligions, sects and nationalities. The most importantcharacteristic of <strong>Iraqi</strong> unity is that all citizens shareone national <strong>Iraqi</strong> identity regardless of otheraffiliations.Second. <strong>Security</strong> of the nation and its territoryThe fundamental responsibility of a state is ensuringthe security of the nation and its territory. Thisresponsibility is embedded in Iraq’s Constitution andis the responsibility of the Federal Government.Third. <strong>Security</strong> of individuals and propertyOne of the primary commitments of the Governmentof Iraq is to protect the lives and property of <strong>Iraqi</strong>sand other individuals who are legal residents in Iraq.(Page 10 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>C. Economic interestsFirst. Developing a multi-resource economy andmaking the best use of natural treasuresPetroleum receipts represent 90% of Iraq’sGovernment revenues. This resulted from ineffectiveeconomic policies for decades. This represents athreat to Iraq’s long-range economic security.Therefore, the Government of Iraq is attempting toestablish a policy that promotes a multi-resourceeconomy that guarantees the interests of the nextgenerations, and includes: investment in naturalresources, development of the agricultural andindustrial sectors; and investment in the infrastructureincluding communications networks, transportationand other services.Second. Developing human resourcesProtecting citizens, improving their welfare and laborproductivity, and mobilizing the human capital areamong the basic elements essential to social stability,economic growth, and public trust in theGovernment’s capabilities. The Government of Iraqprovides high quality basic services, supports poorfamilies and weak groups; and does not discriminatebetween them in providing these services.Third. Promoting welfare and raising the standard oflivingEvery <strong>Iraqi</strong> citizen has the right to life, security, andfreedom. It is forbidden to deprive him of these rightsor restrict them. The Government will ensure thewelfare of all <strong>Iraqi</strong> people through providing workopportunities, fighting unemployment; providing ahealthy environment, security, and stability; andachieving social justice.D. Social interests(Page 11 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>First. Education, Public Health, Social services andpreserving the environment(2) EducationThe Government of Iraq endeavors to expand,rehabilitate and improve the educational system –including private education – as an essential factorfor the progress of society, and a right guaranteedfor all levels of education, in order to createenlightened generations of specialists, educatedpersons, and skilled workers contributing to theprogress of our country and protection of ourinterests. It creates the appropriate conditions forthe return of intellectuals, professors andscientists, so that they may contribute to buildingthe various sectors of the country that needdirection, development, and education. In addition,the Government of Iraq should obtain help fromclerics, reformers and religious men in enhancingvalues and ethics adopted by the sacred heavenlyreligions.(3) Public Health and Social ServicesAmong the responsibilities of the Government ofIraq are to provide nutrition, health care, social andhealth insurance in sickness, old-age, and inabilityto work; and to provide the basics for a free anddignified lifestyle.(4) Preserving the EnvironmentThe Government of Iraq guarantees the right tolive in healthy environmental conditions; andpreserves these conditions. It, also, developsareas destroyed by the former regime, developsthe marshes and green areas, and remediatesradiologically polluted areas that resulted from theuse of various weapons.(Page 12 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Second. Reinforcing the role of the civil societyinstitutionsThe Government of Iraq takes care to reinforce,to support, and to ensure the independence ofthe role of the civil society institutions in accordwith their legal objectives.Third. Reinforcing the spirit of citizenshipAffiliation with the country is a gift of AllahAlmighty, and no powers on earth whatsoeverhas the right to control it. Although there areethnic differences, yet all nations are proud oftheir affiliation with their countries. The country isfor all, and affiliation with it represents theinteraction between the members of the nationand the common fate of the country with whichthey are affiliated.(Page 13 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>3. ThreatsA. Terrorism and insurgencyThese are among the most dangerous threats as theydestroy the pillars of the Government and the politicalprocess, and weaken the spirit through targeting thecommunity, infrastructure and governmental institutions.They also incite subversion and instability (terrorists andinsurgents include Tackfirists and Saddamists).B. Sabotage and corruptionSabotage and corruption result in slowing and impedingpolitical, economic and security progress, the application ofdemocratic mechanisms, free trade, the implementation oflaw, rebuilding, and production of goods. They deplete thenational treasures and spread a feeling of inequality amongcitizens.C. Organized crimeOrganized crime in all its types represents a threat to ournational security. It develops and grows in the sameenvironment in which terrorism and insurgency grow.D. Regional and international threats, andinterference in internal affairsIraq faces dangerous regional and international threats,including terrorists and foreigners who enter Iraq and getsupport from neighboring countries. Due to the fact that Iraqhas a political and military partnership with the MultinationalForce in Iraq, these threats do not rise to the level ofpreparation for or intent to invade Iraq. Iraq will not acceptthe presence of any terrorist or illegal organizations such asAl Qaeda and other terrorist groups that represent a threat tothe security of Iraq and its neighbors. Iraq will not harbor,(Page 14 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>permit, or support the work of such terrorist organizations onits territory.E. Illegal armed groups and militiasThe spread of illegal arms in the hands of illegal groups,militias, and organized gangs is considered one of the majorthreats confronting Iraq; as well as directly threatening thesecurity of the <strong>Iraqi</strong> citizen.F. Mentality of dictatorship and isolation of groupsThe mentality of dictatorship and the isolation of groupsconcentrates power and authorities prevent practicingdemocracy and, therefore, represent a dangerous threat toour national interests. Due to the fact that the abusive anddictatorial procedures are still present in our memories andcultural heritage, this threat presages the return of thismentality. Although there are some exceptional casesrequiring imposing emergency procedures for the purpose ofstability according to the Constitution, yet such cases arevulnerable to misuse and consequently threaten the return ofthe dictatorship.G. Sectarian and ethnic violenceThe feelings of sectarian and ethnic affiliation that grewduring decades of dictatorship represent a threat. In addition,terrorists and Takfirist groups attempt to attack religious andpolitical symbols and provoke subversion in order to provokesectarian violence among the elements of the <strong>Iraqi</strong> peoplefor the purpose of dividing them and retaking power andauthority.H. Emigrants, immigrants, and displaced peopleThe collective and abusive displacement of people is apractice linked to the policy and behavior of the formerregime until its collapse. This suppressive approachrepresented a danger whose consequences are seen in thecurrent period. This policy started with stripping away the(Page 15 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong><strong>Iraqi</strong> identity of some people, confiscating properties andmoney, and persecuting intellectuals under the pretext thatthey opposed the regime. After 9 April 2003, terrorism,violence and Takfirism brought a new approach and moredangerous approach represented by forced displacement ofpeople within the districts of a city according to their identity.Families have been split inside and outside Iraq. Thephenomenon of forced displacement became moreprevalent. It has become a problem whose consequencesmight remain for many years until Iraq establishes theappropriate security and legal conditions for their return.I. UnemploymentThe Government of Iraq realizes that most of those whocommit terrorism or organized crime are unemployed. Theyrepresent the most important group on which the leaders ofterrorism and organized concentrate because it is easy toattract and enlist.J. Ecological interdependenceThe problem of decreasing water levels in the Tigris andEuphrates Rivers is a dangerous phenomenon that directlythreatens environmental and nutritional security. It affects theclimate and wetlands, increases desertification, and evendecreases the availability of potable water in the middle andsouthern regions. This problem stems essentially from thefact that there are large dams in Turkey and Syria for storingthe water of the two rivers that do not take into considerationthe rights of Iraq to water resources and the longer stretch ofthese rivers on its territory. Therefore, leaving this problemas it is due to the failure of joint committees formed toresolve it leaves Iraq subject to a catastrophe that threatensits current and future national security.(Page 16 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>A. Political domain4. Strategic MeansFirst. General political domain(1) <strong>National</strong> reconciliation and constitutional review(a) <strong>National</strong> reconciliationi. The constitutionally-elected Government of<strong>Iraqi</strong> established a comprehensive project fornational reconciliation in which all its aspectsare positive and transparent. The projectcredibly demonstrates openness and activeparticipation by all parties in the politicalprocess, especially those that havereservations or reform preferences about thepolitical process. Although the project includesthose who bore arms to validate theirexistence and diverse perspectives, itexcludes those criminals and killers who havebeen involved in killing <strong>Iraqi</strong>s.ii.The <strong>National</strong> Committee for Reconciliationand Dialogue was formed and took theresponsibility for this project (some meetingsand conferences have already been held).The Committee has been taking charge ofissues that help in unifying <strong>Iraqi</strong> people andbringing different viewpoints together.iii. Although important steps have been taken inthis respect, the size of the challenges Iraqfaces and the need for an immediate mendingof the crack that occurred in the <strong>Iraqi</strong>community due to many factors including AlQaeda activities in provoking sectarianconflict, requires exerting more effort to arriveat practical and appropriate strategy, policies,and mechanisms for achieving the mission.(Page 17 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(b) Constitutional reviewSome articles of the Constitution were thesubject of dispute and disagreement amongpolitical fronts on the one hand, and between theGovernment and some civil society institutionsand parties that did not participate in the politicalprocess on the other hand. Some of theobjections are substantive and worth reviewingand some are just expressions of disagreementwith the government and the political process. Inany case, the Council of Representatives, afterreaching consensus, formed an inclusivecommittee to carry out the constitutional reviewof the articles that are controversial and to makenecessary modifications, additions or deletions.This was considered as a gesture of good willtowards some of the political fronts to participatein the political process, to support thegovernment, and to complete the nationalreconciliation process.(2) The Rule of LawThe Government of Iraq is exerting efforts to reformthe judiciary in Iraq, including completinglegislations, reconsidering laws and regulations notcompatible with the Constitution, reinforcing thecapabilities of law execution services, andcompleting and reforming the RehabilitationInstitutions in harmony with human rights and therule of law.(3) Completing the transition of securityresponsibility from the Multinational Force inIraq to the <strong>Iraqi</strong> constitutional authoritiesThe Multinational Force in Iraq has been assignedresponsibility for security in Iraq by United Nations<strong>Security</strong> Council Resolution 1546 on 8 June 2004.(Page 18 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>The <strong>Iraqi</strong> Government and the Multinational Force inIraq have been working together to transfer securityresponsibility to <strong>Iraqi</strong> constitutional authorities in theprovinces that have met the appropriate conditions.The <strong>Iraqi</strong> Government endeavors with the help of itsfriends and the Multinational Force to acceleratetransfer of security responsibility through achievingthe required level of readiness for security forces,reinforcing governance capabilities in the provinces,and reducing the level of the various threats.(4) Reducing the requirements for the presence ofthe Multinational Force in IraqThe Government of Iraq, after completion of thetransfer of security responsibility to the provincesand regions of Iraq, will coordinate with its friendsthe withdrawal of the Multinational Force from Iraqbased on the reduction of requirements for theirpresence for the purpose of training and supportaccording to the threats and security requirements.(5) Establishing positive international relationshipsSince the collapse of the former regime, <strong>Iraqi</strong>s haverealized that they need to establish serious regionaland international relationships totally different fromthe aggressive relationships established by theformer regime not only with Iraq’s neighbors butalso with the international community that resultedin strict laws and economic and informationalsanctions according to international law. Iraq finds itnow necessary to bring together the internationalcommunity (governments and peoples) to stand withIraq in the process of rebuilding Iraq as a civilizedcountry, rich with its resources, history, and people.Thus far Iraq has succeeded in that it has takenhistorical steps in this respect, notwithstanding thedifficult period of time and conditions. Regional andinternational conferences have been held on thelevels of Islamic countries, the Arab League, Iraq’s(Page 19 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>neighbors, and on the bilateral relationships level tocreate a new environment that governs relationshipsbased on cooperation and joint and mutualinterests. The International Compact for Iraqdocument is one of the bases for internationalrelationships with Iraq.(6) Adhering to international agreements related tocounterterrorism, collective security, andnonproliferation of weapons of mass destructionSince the establishment of the modern <strong>Iraqi</strong>Government, Iraq has entered into many internationalagreements and conventions that ban terrorism andweapons of mass destruction. The former regimeviolated these agreements and that was one of thereasons for the international intervention. Therefore,the new constitutional <strong>Iraqi</strong> Government is committedto fighting terrorism in all its forms, and respecting andimplementing international commitments of Iraq relatedto banning the proliferation, production, and use ofnuclear, biological, and chemical weapons. In additionto preventing all that relates to their development,manufacture, production, and use of equipment,technology, communications systems and to work withthe international community on nonproliferation.(7) Concluding bilateral and multilateral securityagreementsThe Government of Iraq realizes that terrorism andinsurgency are being fed from outside Iraq. The longborders Iraq shares with its neighbors cannot becontrolled solely by <strong>Iraqi</strong> <strong>Security</strong> Forces, and thereforeconcluding bilateral and multilateral securityagreements with regional countries will benefit all thesecountries.(8) Reinforcing the participation of Iraq in the UnitedNations and international foraIraq is an active and founding member of the United(Page 20 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Nations. Iraq has substantial internationalcommitments and active participation is one of thebases of the United Nations. The program of theGovernment of Iraq presented to the Council ofRepresentatives focuses on:(a) Establishing friendship, mutual respect, andcooperative relationships with neighboring countriesand the world to achieve their joint interests;(b) Noninterference in internal affairs, and adoptingdialog and negotiation to solve any issues;(c) Abiding by United Nations commitments so that Iraqwill have the right to participate and vote ondecisions under consideration; and(d) Participation in all the international organizationsthat respect the <strong>Iraqi</strong> people as part of the UnitedNations.(9) Reviewing agreements concluded by the formerregime that harm <strong>Iraqi</strong> interestsThe former regime concluded a number of agreementswith various parties; and established fake companiesand offices run by local, regional, and internationalparties contributing to initiating financial and politicalcommitments with Iraq that circumvented the unity andsecurity of <strong>Iraqi</strong> borders. These agreements andcontracts have been concluded for the interest of theregime and not the <strong>Iraqi</strong> people; therefore, thesecommitments, agreements, and contracts must bereviewed and reconsidered on all levels.(10) Reconsidering the law and procedures of the<strong>National</strong> De-Baathification CommitteeThe <strong>National</strong> De-Baathification Committee Lawgenerated a number of local and regional politicaldisputes such that reconsidering it became animportant element in the <strong>National</strong> Reconciliation(Page 21 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Project in order to eliminate the injustices and fearsperceived by some of those involved in this Project. Itis necessary now to revise its procedures ofimplementation and transform it to a technicallyprofessional committee that resorts to law and theJudiciary and has no political purposes. It is alsonecessary to take the steps required to assurecommitment to procedural rules and reconsideration ofmany of the previous procedures based on the newdirection in the form of a new law in harmony with theConstitution.Second. Political-social domain(1) Adopting international criteria within the nationalJudiciaryThe Government of Iraq must reinforce its capability toimplement its commitments mentioned in items 14 and36 of the Constitution concerning international humanrights agreements, through establishing a modern andreliable statistical data base for human rightsviolations, in order to manage and reinforce legal andinstitutional protections for human rights in harmonywith international criteria; especially for the weakestcategories such as minorities, internally displacedfamilies, refugees, returning families, and the disabled.The Government of Iraq manages the Judiciary inharmony with and support of international criteria, theinternational community, and the United Nations. TheGovernment has to promulgate this managementprocess to include <strong>Iraqi</strong> lawmakers, Judiciaryemployees, institutions of the Government, and allcategories of <strong>Iraqi</strong> society.(2) Including human rights education in the culturaland educational sectors according to legislationThis process starts with including principles of andeducation on human rights in the educational curricula(Page 22 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>of all stages. The Ministry of Human Rights will prepareand train cadres for this purpose.(3) Establishing a national committee for human rightsand reinforcing the role of civil society institutionsThe Government of Iraq will implement acomprehensive strategy for transitional justice,encourage establishment of partnerships betweeninstitutions of the civil society that support humanrights, and establish a transparent mechanism toreemploy and rehabilitate the employees of disbandedentities of the government the former regime.(4) Involving civil society institutions in helping todesign, implement, and oversee reform, rebuildingand amassing <strong>Iraqi</strong> social capital in the process ofgrowthThe <strong>Iraqi</strong> Constitution states that the Government ofIraq will reinforce the role of civil society institutions,support their development and independence, andsupport their achieving of their legal objectives. This isaccomplished through:(a) Establishing laws to protect civil society institutions,to legalize their participation in designingGovernment administrative policy, to protect legalinterests of the people, to diminish the effect ofsocial conflicts, and to oversee the work of localgovernments and the Federal Government;(b) Enlightening those who establish administrativepolicies and cadres that are to implement the law,and all the people, of the important role of civilsociety institutions; through clarifying the authoritiesand responsibilities, and ensuring participation ofeveryone in economic and social transformation,including economic freedom and distribution ofauthorities;(Page 23 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(c) Establishing a comprehensive approach fortransparency that reinforces the freedom of accessto information through enacting laws and policiesrelated to permitting official employees andinstitutions to reveal this information to theaudience; and amassing social capital in theprocess of promoting growth.(5) Preparing a draft amnesty law in harmony withinternational criteriaThe preparation of the amnesty law must be inharmony with Item 73 of Paragraph 1 of theConstitution. It became one of the priorities of thenational and international requirements and a strategicissue related to rebuilding trust with the Government. Itis also one of the important elements for the nationalcompact between the Government and <strong>Iraqi</strong> society.This law will be established in harmony withinternational and humanitarian criteria approved by allreligions, take into account the characteristics of thecurrent period, and also the balance between justice,amnesty, rewards and punishments.(6) Supporting and developing sports and positiveyouth activitiesThe Government of Iraq endeavors to implementspecial programs and policies to develop a sportsdomain in all regions and provinces of Iraq in a wellstudiedand appropriate manner according thenumbers, ages, and valid needs of youth.(7) Adopting special programs for women andchildrenIn order to foster a healthy generation, the Governmentof Iraq focuses its research and scientific institutions onestablishing and implementing special programs forwomen and children as two of the basic pillars of thebuilding and continuity of the nation.(Page 24 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>will have reached a major milestone in achievingsecurity self-reliance.Fourth. Completing the development of the commandand control systemThe Government of Iraq has started building acomplete and advanced command and controlsystem to control all government national securityfacilities through an advanced structure startingwith the head of the executive authority (PrimeMinister – Commander-in-Chief of the ArmedForces) to all other subordinate national securityunits of the Government. The next phaserequires:(1) Completing a secure and reliablecommunications network Iraq-wide; and(2) Completing a command and control systemthat includes security forces in the regions andthe provinces.Fifth. Achieving security self reliance<strong>Iraqi</strong> <strong>Security</strong> Forces, including all services, aregrowing in numbers, becoming stronger andmore experienced. Current conditions confirm theneed for more forces to enforce the law, protect<strong>Iraqi</strong> citizens, and protect <strong>Iraqi</strong> territory, whichrequires:(1) Providing and rehabilitating traininginstitutions and academies and adopting arecruiting policy that ensures accuratedemographic representation of Iraq.(2) Completing the logistics system of theArmed Forces.(3) Completing the supply stocks, fire supportcapabilities and the Air Force.(Page 27 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(4) Completing intelligence capabilities.(5) Completing counterterrorism capabilities.Sixth. Developing counterterrorism capabilities andprograms(1) The Government of Iraq is undertakingincreasing and reinforcing itscounterterrorism security forces;(2) Establishing and implementing a policy tomobilize all national capabilities towardscounterterrorism; and(3) Actively participating in international effortsto counter terrorism through reinforcingBorder Enforcement Forces, border entryand exit points, and security coordinationwith neighboring countries.Seventh. Developing a policy to solve the problem ofmilitias and to reintegrate them into thesocietyMilitias originated in Iraq under differentcircumstances; some of them fought thedictatorial Baathist regime, and some originatedafter the collapse of Saddam’s regime for variousreasons. The Government is endeavoring toestablish a program to disband these militias andreintegrate them into the society in an effort tosolve the security problem. This is accomplishedthrough:(1) Reaching a political agreement and asuitable balanced legislative framework todisband the militias in order to controlweapons possession. In addition, a seriesof other procedures is being pursued thatlead to building the trust of militia memberswith Government authority, such as alegislative decision for general amnesty(Page 28 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>based on transitional justice criteria andnational loyalty.(2) Creating political and economic conditionsthat contribute to implementation andbalance the giving up of weapons with newsocial status as an encouraging factor forreintegration.(3) Adopting – with the assistance of theinternational community and commitment tothe International Compact with Iraq – ageneral program with suitable balancedfunding that leads to disbanding of themilitias and reintegrates them into thesociety taking into account Internationalexperience in post-conflict situations.(4) Enhancing economic reforms to establishappropriate conditions leading to formingprograms related to reintegration of themilitias and other illegal armed groups.Eighth. Reforming, completing, and supporting theJudiciaryEstablishing a legal framework compatible withthe Constitution and with national andinternational commitments on human rightsrequires conducting a general assessment ofjudicial institutions and their procedures toenforce the rule of law, to reinforce theadministration of the judicial system according tointernational standards and support from theinternational community and the United Nations,in a way that removes fear from <strong>Iraqi</strong> people’ssouls. The Government of Iraq is also updatingcriminal and civil law to accommodate a civilizeddemocratic society that requires qualified,independent legislators in addition to increasingthe number of courts, judges and institutions thatprepare law enforcement officials and conductrehabilitation activities.(Page 29 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Ninth. Developing rehabilitation institutions andtheir employeesC. Economic domainThe development of rehabilitation institutions is anational objective and one of the pillars of thecriminal justice system. This is accomplishedthrough:(1) Establishing care and rehabilitationprograms (for inmates and otherparticipants) according to internationalcriteria.(2) Assessing rehabilitation employees andincreasing their numbers and capabilities inorder institutions to be compatible with thenature of their tasks according tointernational rules of behavior.(3) Introducing technologies to assist inrunning these institutions.(4) Cooperating with international humanitarianorganizations and utilizing their procedures,expertise, and training.(5) Undertaking to enact and implement lawsfor care of those released fromrehabilitation institutions in order to bereintegrate them into the community tobecome active members.First. Transitioning to a free market economy andreforming the social, energy, and agriculturalsectors(1) Supporting the bases of economicgrowthThe establishment of an appropriateenvironment for public, private, local, and(Page 30 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>foreign investment as an engine foreconomic growth, and creating andpreparing appropriate conditions to achievethe utmost benefit of the integration to theinternational economy require developingmany procedures and enacting laws totransition gradually from a centralizedauthoritarian economy to a free economy.Developing the private sector; creatingappropriate conditions for investment;reinforcing the rule of law in financial,commercial, and industrial activities toprotect private property; establishingbusinesses; facilitating the processes forobtaining loans; issuing licenses; andensuring the justice and credibility ofcontracts to provide justice and equalopportunities to everyone are at the top ofthe list for supporting the objectives ofeconomic growth. The following actions willbe undertaken:(A) Restructuring the Government’sgeneral companies and establishing thecorrect basis for their privatization andeconomic management;(B) Establishing a Government office tomanage real property on a commercialbasis that is charged with attractinginvestors for general companies, is oneof the important requirements foreconomic development; in addition toimproving funding for small and mediumprivate projects, providing loans, andfacilitating banking processes for them;(C) Iraq’s efforts to enter the World TradeOrganization and the Economic Growthand Cooperation Organization of theMiddle East and North Africa, to enterinto bilateral commercial agreements(Page 31 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>with neighboring countries, and toovercome the basic obstacles for thereturn of Iraq to the world’s freeeconomies, are considered among thebasic tasks of economic development.(2) Developing and reforming the energyand agriculture sectorsIt is important to develop an energy sectorto meet the needs of Iraq, to achieve themaximum possible benefit for <strong>Iraqi</strong>s, and toestablish structural and institutionalframeworks based on law and theConstitution that adopt the best local andinternational practices, taking intoconsideration the following:(A) Establishing and implementing a policyfor energy protection and securityincluding all production, manufacture,transportation, and distributionfacilities;(B) Endeavoring to increase oil productionthrough increasing the Ministry of Oil’scapabilities and encouraging foreigninvestment;(C) Attempting to satisfy localrequirements for oil products, investingin natural gas through developing theoil industry, and increasing thecapacity and reliability of the currenttransportation system;(D) Attempting to increase electrical powerproduction through improvingproduction facilities and building newfacilities;(E) Attempting to increase the capacityand reliability of the electrical powertransmission network;(Page 32 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(F) Establishing a policy for water and landmanagement, protection of waterresources, and developing a strategicapproach to solving water problemswith neighboring countries;(G) Maintaining rivers and waterways;supporting farmers;(H) Reforming policies on trade to expandagricultural exports and imports; setprices; facilitate transportation, storageand refrigeration; and raise theefficiency of agricultural markets;(I) Capacity-building for agriculturalplanning, follow up and monitoring; andresearching and fighting agriculturalpests and diseases with specialattention to quality standards.Second. Activating the private sector and creating anappropriate competitive investmentenvironmentConstitution Articles (25) and (26) provide that<strong>Iraqi</strong> economic reform encourages private sectordevelopment and ensures freedom ofcompetition in the various investment sectors.This requires:(1) Reinforcing the rule of law in relation tocommercial activities, and ensuring theprotection of private property andtransparency in the process of contracting.(2) Creating an appropriate environment forprivate investment through: developing<strong>Iraqi</strong> commercial law in a way thatfacilitates the establishment of privatecommercial transactions; developingindustrial growth law, company law, laborlaw, and property registration law;facilitating loans to industrialists, merchants(Page 33 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>and workers; and facilitating transactionsand licenses (import, export, incorporation,acceptance, registration, exemption,insurance, , and bonds) for the businesssector and to facilitate cross-bordertransfers.(3) Achieving justice and equal opportunity intrade negotiations, especially in the case ofcompetition between the private and publicsectors, and at the level of provinces andregions.(4) Creating programs that rely on the privatesector to stimulate housing construction.(5) Developing industrial banks, and givingthem bigger roles in contributing toproviding loans, advanced payments, andcredit for industrialists; enacting a new lawfor the banks, increasing their capital,facilitating the funding of private projectsand concentrating on small and mediumprojects.(6) Organizing relationships between projectsof the private sector, and adhering tointernational commercial and financialorganizations that reinforce or enhance thevalue of the private sector and encourageits investment.(7) Transferring the bulk of the socialprotection networks budget to transformwelfare beneficiaries into producers byencouraging the establishment ofworkshops and small industrial projects.Third. Fighting corruption and reinforcing goodgovernance(1) Fighting corruptionTo build the capacity of institutions to fight(Page 34 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>corruption at all levels of government, thefollowing measures must be taken:(a) Enacting a law on public integrity;(b) Reinforcing the capabilities of thePublic Integrity Commission, theFinancial Oversight Administration,and activating the roles of theinspectors general of the ministries;(c) Applying accounting and auditingstandards, activating the role ofinternal oversight and monitoring,adopting a policy to stop corruptionbefore it occurs, adopting regulationsand rules of behavior for theperformance of Governmentemployees, and raising their standardof living;(d) Enforcing the General Income Law;and disclosure of bank accounts;(e) Initiating a comprehensive nationalcampaign to enlighten people aboutfighting corruption and highlight it asa dangerous and negative matteraffecting the present and future ofIraq; not only for being somethingdishonest and disreputable but alsolegally and ethically unacceptable(disclosure of the names of thosecommitting corruption and deceptionis one of the important means forfighting corruption);(f) Activating the role of mass media andcivil society institutions in the processof oversight.(Page 35 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(2) Good governanceIn order to ensure good governance,management must make appropriateselection of officials and commanders, andenforce appropriate rules of behavior inaccordance the values and ethics of theinstitutions they manage; take intoconsideration the needs and concerns ofthe various social groups; and eliminatepreferential treatment and nepotism; so thatcompetence and loyalty to the country willbe paramount in the conduct of officialbusiness. To achieve this we need to:(a) Policies, criteria of transparencyand measurement of performanceThe Government of Iraq ensures theestablishment of clear policies in allgovernmental offices, of criteria fortransparency and their application inall public sector institutions; andadoption of rules for themeasurement of performance.(b) Developing competenciesThe Government of Iraq developsand expands its institutions thatdevelop administrative procedures,and its institutions devoted toemployee rehabilitation.(c) Updating the administrativesystemThe Government of Iraq continuouslyupdates its administrative systems;establishes a program that providesfor the capability of governmental(Page 36 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>offices to maintain the quality andcontinuity of services provided to thepeople; and utilizes electronic meansin providing quality services to thepeople.Fourth. Investing national resources in an optimal,transparent, and fair mannerAccording to Article (111) of the <strong>Iraqi</strong>Constitution, oil and gas are the property of allthe <strong>Iraqi</strong> people in all the provinces and regions,since oil wealth is the main financial source forthe budget and other energy and petroleumproducts that are necessary for daily continuousconsumption for the people. The management ofthis sector in an objective, fair and transparentway is one of the priorities of our national securitystrategy. The development and organization ofthe oil sector, in harmony with the objectives ofimproving the society and the national economyaccording to long-range plans, decreasesreliance on oil and gas revenues. In this context,the Government undertook the drafting of ahydrocarbon law, in addition to encouragingforeign investment in this sector. The provisionsof this draft law call for establishment of anational oil company, regional committees whichare the competent technical authorities in theregions, a Federal Oil and Gas Council toestablish federal oil policies, exploration plans;develop oil fields and major oil pipelines;negotiate licenses and development contracts;and recommend policies and drafts of oillegislation. The Government will also maintain anoil and gas independent advisory office for thesame purpose. The Government would also opena single account for oil and gas revenues whichwould be strictly overseen and audited annuallyby certified auditing companies with resultspublished regularly. An independent council for(Page 37 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>auditing and monitoring would be established. Amechanism for managing oil revenues will beestablished to ensure equitable and transparentdistribution based on the federal financial system,taking into consideration the effects of pricevolatility.Fifth. Attracting foreign investmentThis is among the top priorities for thereconstruction of a new Iraq, especially withregard to basic services and projects that falloutside the financial, administrative and technicalimplementation capabilities of today’sGovernment. Additional funding support fromforeign investments, providing all facilities andguarantees, is an important qualitative leap forthe new <strong>Iraqi</strong> economy. Because Iraq is goingthrough a state of instability, with the spread ofchaos and financial corruption in governmentalinstitutions, many foreign investors are preventedfrom investing their money and introducing theircompanies in the current circumstances.Therefore, the <strong>Iraqi</strong> government attempts toencourage investment by giving current investorspriority in future investment, and facilitating theirwork in the insecure areas:Sixth. Adopting a unified budgeting system and asingle chart of accountsFor the purpose of managing its funds inharmony with the best international practices, theGovernment of Iraq will provide for:(1) Unifying the budget within a single chart ofaccounts; making all implementationprocedures harmonious and fair in all Iraq;introducing international funding andmoney transfers within the single chart ofaccounts; application of a budgetcategorization system based on the(Page 38 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>governmental financial data of theInternational Monetary Fund and UN’sGovernmental Positions CategorizationSystem; and ensuring a high level oftransparency through periodic reports,disclosing information, and regularlypublishing the results of Governmentalaccount audits;(2) Removing any administrative obstacles toimprove capabilities related to tenders,capital and investment project contracts ofthe major projects for phases to beimplemented in the short and middleranges; and adopting a comprehensivecontracting law and system for theprovincial and regional levels includingmanagement of contracts and otherexpenditure items.(3) Periodic review of public spending toassess the quality of budget management,to overcome difficulties, to avoid errors, andto help local governments in reinforcingtheir capabilities in providing services andacting on good governance proceduresthrough establishing a federal financialsystem between governmental officesbased on clarity and transparency ofallocations for revenues and expenditures.(4) Developing criteria for the review of taxpolicy, customs and local fees andprocedures in order to provide a stablemeans to increase federal resources andraise the level of growth.(5) Preparing a strategic program to buildcapacity for financial management, withcomprehensive training for a competent(Page 39 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>staff in financial management at the localand national levels.(6) Developing a framework for governmentalfinancial relations with rules applied to thetransfer of fixed allocations to the provinceand district, as well as special requestsabout balancing investments and currentand projected expenditures includingestimated conditional grants to cover someexpenses.Seventh. Eliminating the national debt, terminatinginterest payments, and obtaininginternational aidIraq is attempting to inform the internationalcommunity of the legacy of debts that resultedfrom the former regime’s procedures andbehavior that utilized all funds and resources inwars and suppression of the people. It is difficultfor succeeding <strong>Iraqi</strong> generations to takeresponsibility for something for which they werenot at fault or had a role. The Government of Iraqhas succeeded in cooperation with and supportfrom creditor countries, the United Nations, andother friends in attaining nullification of 80% of itsexternal debt, and canceling a portion of theinterest on the debt. Successful negotiations arecontinuing in order to schedule the rest of thedebt payment and convince creditor countries tocancel additional interest or undertake mutuallyvaluable exchanges that do not affect the generalfunding for the implementation of economicreform and growth programs which areconsidered among the most importantachievements of the <strong>Iraqi</strong> Government. Iraq hasbeen able to obtain international support in theform of financial grants to rebuild Iraq (MadridConference). Therefore, the most importantcommitment on the <strong>Iraqi</strong> Government side to(Page 40 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>terminate these debts and obtain support is toadhere to the agreements and conventionsconcluded with the international community; andthen making good on the promises made to the<strong>Iraqi</strong> people.Eighth. Developing a stable agricultural sectorcapable of competing, improving, renewingnutritional security, preserving the naturalenvironment, supporting agriculturalproducers, and developing agriculturalfunding programsIn order to develop a stable agricultural sectorcapable of improving nutritional security,improving farmers’ incomes especially in thecountryside, finding work opportunities, andpreserving the natural environment, it isnecessary to:(1) Design a coherent agricultural policy to:provide nutrition; contribute to the trade andindustrial sectors and economic growth byassuring appropriate conditions for theagricultural sector that relies on the marketeconomy and principles of the competitiveand supported private sector; provideagricultural extension services; encourageinvestment; increase all loans especiallysmall loans; manage the distribution ofwater on agricultural lands; providechemicals, implements and agriculturaltools, fuel, and other items (federally); andto gradually transition from the full supportphase to the price support phase.(2) Develop the capabilities of smallagricultural producers and small agriculturalproduct treatment factories; expand thesmall farmers’ fund; improve the quality ofthe agricultural market; and assure theadequacy of product transportation means,(Page 41 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>delivery to markets, storage, andrefrigeration.Ninth. Providing basic services and improving thestandard of livingThe Government of Iraq employs its financialresources and directs its economic activities to:(1) Implement an economic policy aimed atfinding work opportunities to reduce thepercentage of unemployment, strengthenthe middle class, and reduce the poorclass;(2) Provide: equal basic educationalopportunities to all citizens; public health;an increased funding for health and theenvironment;(3) Provide electricity, potable water, andimproved sewage systems;(4) Establish a comprehensive policy to handlethe problem of immigration and emigrationin the long run; provide for the needs of theinternally displaced; and monitor the statusof emigrants and externally displacedpeople (in the short run);(5) Elevate the level of coordination betweennational and local administrative units in thefield of services (planning andadministration); establish regional growthstrategies; provide services for thosegroups that were repressed; and respondto the needs of youth.(6) Sponsor the handicapped and those whohave special needs. (orphanages and resthomes).(Page 42 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(7) Provide appropriate housing and masstransport that are among the mostimportant components of an acceptablestandard of living. This strategydemonstrates that it is not possible toachieve security unless all the people ofIraq become part of a prosperous Iraq,since the deprived classes provide fertileenvironment for the leaders of terrorismand insurgency to enlist fighters whosepresence is a threat to Iraq and its citizens.Therefore, providing housing and masstransport become important elements ofachieving security self reliance.Tenth. Developing social protection networks andprotecting the weakest and poorest groupsIn order to protect the most vulnerable populationgroups and compensate them for the effects ofeconomic, political, and security changes, theGovernment of Iraq’s reforms will be governed bythe principles of efficiency and financial stability,equity and transparency. The Governmentshould:(3) Develop a special information managementand statistics program in the Ministry ofLabor and Social Affairs to identify poorhouseholds eligible for the social protectionnetwork, ensuring rigorous analysis andadherence to the principles of integrity andaccountability;(4) Strengthen public and private partnershipsto organize vocational training programsthat encourage the participation of thepoorest in the labor market; allocate aportion of the network budget to theestablishment of small projects by thesegroups;(Page 43 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>(5) Introduce effective and reliable systems todeliver benefits based on the principles ofcoordination, accuracy and integrity;(6) Build Government capacity to prepare,plan and coordinate with civil societyorganizations for humanitarianemergencies to ensure the delivery of aid;(7) Develop a mechanism for the adjustment ofsocial welfare network subsidies in order topreserve the purchasing power ofbeneficiaries; to counter inflation andincreasing consumer prices for goods; inorder to prepare for economic recovery inadvance of lifting government subsidies;(8) Establish a special policy to deal with theincreasing numbers of widows anddivorcees resulting from past policies andcurrent circumstances.Eleventh. Compensating victims of terrorism andpolitical violenceThe Government of Iraq needs to modify andenforce the law for compensation of victims ofterrorism and political violence. The current law,number (10) of 2005, needs to be modified todeal with the increasing numbers of victims,whether resulting from the previous regime orfrom current circumstances. At present, severesocial consequences result from the large andincreasing numbers of widows, orphans, andhandicapped persons. Terrorism leave behindvictims of vehicle-borne improvised explosivedevices, improvised explosive devices, suicideattacks, forced displacements of people, robberyand looting of governmental properties,kidnappings, rapes, and sectarian killings.(Page 44 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Twelfth. Creating work opportunities for theunemployed and eliminating poverty andphysical and sexual abuseThe numbers of unemployed increased after 9April 2003 for many reasons, including delays inadopting strategic economic projects, delays inthe engine of reconstruction, the closing of allincluding small factories due to terrorism andother factors such as the fuel and electricitycrisis. All these factors dangerously maximizedthe percent of unemployed and imposed a realburden that demands solutions. The Governmentof Iraq has established a policy to rehabilitatefactories and the employees of the disbandedmilitary manufacturing committee to give life tothe rebuilding of Iraq, and to the management ofits economic projects with appropriate budgetallocated for this purpose. The Government ofIraq is tightening monitoring and oversight inorder to stop physical and sexual abuse; and todeal with the problem of beggary that is run byorganized gangs by exploitation of minors to earnmoney. The Government of Iraq has to findsolutions to deal with these inhumane, illegal,and ethically unacceptable phenomena; topunish those committing these crimes; to enactlaws to fight trafficking in persons; and to carryout a comprehensive national media campaignthat shows the humanitarian and ethical dangersand the illegal means used by companies andindividuals that traffic in girls and children.D. Informational domainFirst. Establishing accurate and timely informationsystems to support all national interestsFor decades, the former regime kept Iraq and itscitizens isolated from most of the world. In noarea was this more rigidly enforced than in(Page 45 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>information technology and the internet. Toreverse this corrosive legacy, the Government ofIraq has decided to adopt as rapidly as possiblethe highest efficiency information technologysystems for public and private sector use. By thismeans, Iraq intends to link itself and its citizenswith the entire world community. Democracy andgood governance demand accurate, complete,and timely information for citizens, privateorganizations, and government agencies. This isalso an urgent matter in restoring security andprosperity to Iraq. The Federal Government,subordinate governmental levels, and the <strong>Iraqi</strong>security institutions will establish appropriateinformation and information managementsystems to maximize efficiency and effectivenessin accomplishing their missions.Second. Conducting information operations toinfluence target audiences to support allnational interestsInformation operations are an integral element ofgovernment attempts to influence friendly andadversary groups. In modern strategy andwarfare, the informational domain is coequal withthe diplomatic, economic, and military domains.Therefore, the Government of Iraq and its<strong>Security</strong> Forces will undertake informationoperations to affect adversary information andinformation systems while defending its owninformation and information systems fromadversary attack. In conducting its informationoperations, the Government of Iraq will makespecial efforts to prevent the misinformation andpropaganda practices of the former regime.Third. Establishing electronic government (egovernment)programs to support all nationalinterests(Page 46 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>The Government of Iraq has decided to leapahead in linking the citizenry to the Government,and the nation of Iraq to the world community. Animportant facilitator for these efforts is informationtechnology. To the maximum extent possible,Iraq will emphasize wireless technology in orderto minimize the need for time-consuming andcostly reestablishment of physical land-linenetworks. The core Government program to leadthis effort is the Electronic Government initiative.E-Government aims to link the citizenry toGovernment of Iraq agencies responsible fordelivering basic services and conducting officialbusiness with citizens. The aim of E-Governmentis to satisfy citizen needs with a minimum ofbureaucracy, with maximum use of the internet.Fourth. Promulgating legislation that guaranteesfreedom of the press and expression in amanner that does not violate public order andethicsArticle (38) of the Constitution established amutual obligation and a duty between the Stateand practitioners of freedom the press andexpression, so as to guarantee the practice offreedom but also to commit to public order andmorals. In order to establish those rights andobligations there should be a law regulating thatrelationship without prejudice to the substance ofpublic freedoms guaranteed by the Constitution.In preparing such a law, the Government of Iraqwill avail itself of support from the MultinationalForce, and the experience of modern civilizedcountries that have made significant strides inrelating to the visual, aural, and print mediaincluding the press and publishing houses.(Page 47 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Fifth. Establishing a national media policy toreinforce national reconciliation and toconfront the media inciting of violence andterrorismThe birth of a new Iraq taking the democraticapproach and the principle of public freedomsand openness is a strategic goal that requiresengaging any information source, highlighting thepositive facts and changes that taken place inIraq. The welfare of Iraq would benefit the peopleof the entire region. Sometimes we shouldrespond directly to the media source in aconciliatory manner, and at other times resort tolegal prosecution. The Government of Iraq’smedia policy will be developed as a milestone inthis respect. It will provide for the selection ofexperienced persons in all levels. TheGovernment of Iraq will establish mechanisms toorganize and coordinate the work of the agenciesresponsible for dealing with the <strong>Iraqi</strong> media, andsponsor Iraq’s quest to adhere to internationalmedia treaties.(Page 48 of 49 )
Iraq FirstThe <strong>Iraqi</strong> <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>Referencesa. <strong>Iraqi</strong> Constitution of 2005b. International Compact for Iraqc. <strong>National</strong> Reconciliation and Dialog projectd. <strong>National</strong> security strategies of some of the developedcountriesAttachmentsa. Copy of the <strong>Iraqi</strong> Constitution of 2005b. A summary of the International Compact for Iraqdocumentc. Copy of the <strong>National</strong> Reconciliation and Dialog project(Page 49 of 49 )
Republic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilIn the Name of Allah, Most Gracious, Most Mercifulجمهورية العراقمجلس الوزراءمجلس الأمن الوطنيئه نجومه ني ئاساييشى نيشتمانىComposition of the teams participating in development of the <strong>National</strong> <strong>Security</strong> <strong>Strategy</strong>:1. <strong>National</strong> <strong>Security</strong> Council Staffa. <strong>National</strong> <strong>Security</strong> Advisor – Dr. Mowaffak Rubaieb. Deputy <strong>National</strong> <strong>Security</strong> Advisorc. Director General of the Joint Planning Centerd. The Military Advisore. Director General of Economic Policyf. Director General of the Legal Departmentg. Defense Policy Advisorh. Internal <strong>Security</strong> Advisori. Director General of International Policyj. Media Advisork. Deputy Director General of the Joint Planning Centerl. Secretary of the Ministerial Committee for <strong>National</strong> <strong>Security</strong>m. Secretary of the Deputy Ministerial Committee for <strong>National</strong> <strong>Security</strong>n. Secretariat of the Joint Planning Center2. Ministry of Defensea. Directorate of Military intelligenceb. Directorate of Planningc. Directorate of Operationsd. Directorate General of Intelligence and <strong>Security</strong>e. Directorate General of Defense Policy and Requirements3. Ministry of Interiora. Police Affairs Agencyb. Administrative Affairs Agencyc. <strong>National</strong> Investigation and Information Agency4. Vice- President Tariq Al-Hashimy’s Office5. Ministry of State for <strong>National</strong> <strong>Security</strong> Affairs- Directorate General of Central Information6. <strong>Iraqi</strong> <strong>National</strong> Intelligence Service(4-1)
Republic of IraqThe Cabinet<strong>National</strong> <strong>Security</strong> CouncilIn the Name of Allah, Most Gracious, Most Mercifulجمهورية العراقمجلس الوزراءمجلس الأمن الوطنيئه نجومه ني ئاساييشى نيشتمانى7. Ministry of Justice- Criminal Investigation Office8. Ministry of Finance- Acting Director General of Free Trade Areas9. Ministry of Foreign Affairsa. Political Planning Officeb. Neighboring Countries Office10. Ministry of Planning- Director General of Measurement and Quality Control11. Public Integrity Commission- Non-Governmental Organizations Office12. Kurdistan Region representatives13. Suggestions and recommendations were also received and considered fromthe three Presidencies (Republic of Iraq, Council of Representatives, Councilof Ministers), Ministries, non-governmental entities, and some universityprofessors specialized in political science, law, and sociology.(4-2)
IRAQICONSTITUTION1
The PreambleIn the name of God, the Most merciful, the Most compassionate{We have honored the sons of Adam}We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of thevirtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon ourland the first law made by man was passed, and the oldest pact of just governance was inscribed,and upon our soil the saints and companions of the Prophet prayed, philosophers and scientiststheorized, and writers and poets excelled;Acknowledging God’s right over us, and in fulfillment of the call of our homeland and citizens,and in a response to the call of our religious and national leaderships and the determination ofour great authorities and of our leaders and politicians, and in the midst of international supportfrom our friends and those who love us, marched for the first time in our history towards theballot boxes by the millions, men and women, young and old, on the thirtieth of January 2005,invoking the pains of sectarian oppression inflicted by the autocratic clique and inspired by thetragedies of Iraq’s martyrs, Shiite and Sunni, Arabs and Kurds and Turkmen and from all othercomponents of the people, and recollecting the darkness of the ravage of the holy cities and theSouth in the Sha’abaniyya uprising and burnt by the flames of grief of the mass graves, themarshes, Al-Dujail and others and articulating the sufferings of racial oppression in themassacres of Halabcha, Barzan, Anfal and the Fayli Kurds and inspired by the ordeals of theTurkmen in Bashir and the sufferings of the people of the western region, as is the case in theremaining areas of Iraq where the people suffered from the liquidation of their leaders, symbols,and Sheiks and from the displacement of their skilled individuals and from drying out of itscultural and intellectual wells, so we sought hand in hand and shoulder to shoulder to create ournew Iraq, the Iraq of the future, free from sectarianism, racism, complex of regional attachment,discrimination, and exclusion.Accusations of being infidels, and terrorism did not stop us from marching forward to build anation of law. Sectarianism and racism have not stopped us from marching together tostrengthen our national unity, following the path of peaceful transfer of power, adopting thecourse of just distribution of resources, and providing equal opportunity for all.We, the people of Iraq, who have just risen from our stumble, and who are looking withconfidence to the future through a republican, federal, democratic, pluralistic system, haveresolved with the determination of our men, women, elderly, and youth to respect the rule of law,to establish justice and equality, to cast aside the politics of aggression, to pay attention towomen and their rights, the elderly and their concerns, and children and their affairs, to spreadthe culture of diversity, and to defuse terrorism.We, the people of Iraq, of all components and across the spectrum, have taken upon ourselves todecide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, andto enact this permanent Constitution, through the values and ideals of the heavenly messages andthe findings of science and man’s civilization. The adherence to this Constitution preserves forIraq its free union of people, of land, and of sovereignty.2
Section OneFundamental PrinciplesArticle 1:The Republic of Iraq is a single federal, independent and fully sovereign state in whichthe system of government is republican, representative, parliamentary, and democratic,and this Constitution is a guarantor of the unity of Iraq.Article 2:First: Islam is the official religion of the State and is a foundation source oflegislation:A. No law may be enacted that contradicts the established provisions of IslamB. No law may be enacted that contradicts the principles of democracy.C. No law may be enacted that contradicts the rights and basic freedomsstipulated in this Constitution.Second: This Constitution guarantees the Islamic identity of the majority of the<strong>Iraqi</strong> people and guarantees the full religious rights to freedom of religious beliefand practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.Article 3:Iraq is a country of multiple nationalities, religions, and sects. It is a founding and activemember in the Arab League and is committed to its charter, and it is part of the Islamicworld.Article 4:First: The Arabic language and the Kurdish language are the two officiallanguages of Iraq. The right of <strong>Iraqi</strong>s to educate their children in their mothertongue, such as Turkmen, Syriac, and Armenian shall be guaranteed ingovernment educational institutions in accordance with educational guidelines, orin any other language in private educational institutions.Second: The scope of the term “official language” and the means of applying theprovisions of this article shall be defined by a law and shall include:A. Publication of the Official Gazette, in the two languages;B. Speech, conversation, and expression in official domains, such as theCouncil of Representatives, the Council of Ministers, courts, and officialconferences, in either of the two languages;
C. Recognition and publication of official documents and correspondence inthe two languages;D. Opening schools that teach the two languages, in accordance with theeducational guidelines;E. Use of both languages in any matter enjoined by the principle of equalitysuch as bank notes, passports, and stamps.Third: The federal and official institutions and agencies in the Kurdistan regionshall use both languages.Fourth: The Turkomen language and the Syriac language are two other officiallanguages in the administrative units in which they constitute density ofpopulation.Fifth: Each region or governorate may adopt any other local language as anadditional official language if the majority of its population so decides in ageneral referendum.Article 5:The law is sovereign. The people are the source of authority and legitimacy, which theyshall exercise in a direct, general, secret ballot and through their constitutionalinstitutions.Article 6:Transfer of authority shall be made peacefully through democratic means as stipulated inthis Constitution.Article 7:First: Any entity or program that adopts, incites, facilitates, glorifies, promotes, orjustifies racism or terrorism or accusations of being an infidel (takfir) or ethniccleansing, especially the Saddamist Ba’ath in Iraq and its symbols, under anyname whatsoever, shall be prohibited. Such entities may not be part of politicalpluralism in Iraq. This shall be regulated by law.Second: The State shall undertake to combat terrorism in all its forms, and shallwork to protect its territories from being a base, pathway, or field for terroristactivities.Article 8:
Iraq shall observe the principles of good neighborliness, adhere to the principle of noninterferencein the internal affairs of other states, seek to settle disputes by peacefulmeans, establish relations on the basis of mutual interests and reciprocity, and respect itsinternational obligations.Article 9:First:A- The <strong>Iraqi</strong> armed forces and security services will be composed of thecomponents of the <strong>Iraqi</strong> people with due consideration given to theirbalance and representation without discrimination or exclusion. Theyshall be subject to the control of the civilian authority, shall defend Iraq,shall not be used as an instrument to oppress the <strong>Iraqi</strong> people, shall notinterfere in the political affairs, and shall have no role in the transfer ofauthority.B- The formation of military militias outside the framework of the armedforces is prohibited.C- The <strong>Iraqi</strong> armed forces and their personnel, including military personnelworking in the Ministry of Defense or any subordinate departments ororganizations, may not stand for election to political office, campaign forcandidates, or participate in other activities prohibited by Ministry ofDefense regulations. This ban includes the activities of the personnelmentioned above acting in their personal or professional capacities, butshall not infringe upon the right of these personnel to cast their vote in theelections.D- The <strong>Iraqi</strong> <strong>National</strong> Intelligence Service shall collect information, assessthreats to national security, and advise the <strong>Iraqi</strong> government. This Serviceshall be under civilian control, shall be subject to legislative oversight, andshall operate in accordance with the law and pursuant to the recognizedprinciples of human rights.E- The <strong>Iraqi</strong> Government shall respect and implement Iraq’s internationalobligations regarding the non-proliferation, non-development, nonproduction,and non-use of nuclear, chemical, and biological weapons, andshall prohibit associated equipment, materiel, technologies, and deliverysystems for use in the development, manufacture, production, and use ofsuch weapons.Second: Military service shall be regulated by law.Article 10:
The holy shrines and religious sites in Iraq are religious and civilizational entities. TheState is committed to assuring and maintaining their sanctity, and to guaranteeing the freepractice of rituals in them.Article 11:Baghdad is the capital of the Republic of Iraq.Article 12:First: The flag, national anthem, and emblem of Iraq shall be regulated by law in away that symbolizes the components of the <strong>Iraqi</strong> people.Second: A law shall regulate honors, official holidays, religious and nationaloccasions and the Hijri and Gregorian calendar.Article 13:First: This Constitution is the preeminent and supreme law in Iraq and shall bebinding in all parts of Iraq without exception.Second: No law that contradicts this Constitution shall be enacted. Any text in anyregional constitutions or any other legal text that contradicts this Constitutionshall be considered void.
Section TwoRights and LibertiesChapter One[Rights]First: Civil and Political RightsArticle 14:<strong>Iraqi</strong>s are equal before the law without discrimination based on gender, race, ethnicity,nationality, origin, color, religion, sect, belief or opinion, or economic or social status.Article 15:Every individual has the right to enjoy life, security and liberty. Deprivation orrestriction of these rights is prohibited except in accordance with the law and based on adecision issued by a competent judicial authority.Article 16:Equal opportunities shall be guaranteed to all <strong>Iraqi</strong>s, and the state shall ensure that thenecessary measures to achieve this are taken.Article 17:First: Every individual shall have the right to personal privacy so long as it doesnot contradict the rights of others and public morals.Second: The sanctity of the homes shall be protected. Homes may not be entered,searched, or violated, except by a judicial decision in accordance with the law.Article 18:First: <strong>Iraqi</strong> citizenship is a right for every <strong>Iraqi</strong> and is the basis of his nationality.Second: Anyone who is born to an <strong>Iraqi</strong> father or to an <strong>Iraqi</strong> mother shall beconsidered an <strong>Iraqi</strong>. This shall be regulated by law.Third:A. An <strong>Iraqi</strong> citizen by birth may not have his citizenship withdrawn for anyreason. Any person who had his citizenship withdrawn shall have theright to demand its reinstatement. This shall be regulated by a law.B. <strong>Iraqi</strong> citizenship shall be withdrawn from naturalized citizens in casesregulated by law.
Fourth: An <strong>Iraqi</strong> may have multiple citizenships. Everyone who assumes a senior,security or sovereign position must abandon any other acquired citizenship. Thisshall be regulated by law.Fifth: <strong>Iraqi</strong> citizenship shall not be granted for the purposes of the policy ofpopulation settlement that disrupts the demographic composition of Iraq.Sixth: Citizenship provisions shall be regulated by law. The competent courtsshall consider the suits arising from those provisions.Article 19:First: The judiciary is independent and no power is above the judiciary except thelaw.Second: There is no crime or punishment except by law. The punishment shallonly be for an act that the law considers a crime when perpetrated. A harsherpunishment than the applicable punishment at the time of the offense may not beimposed.Third: Litigation shall be a protected and guaranteed right for all.Fourth: The right to a defense shall be sacred and guaranteed in all phases ofinvestigation and the trial.Fifth: The accused is innocent until proven guilty in a fair legal trial. The accusedmay not be tried for the same crime for a second time after acquittal unless newevidence is produced.Sixth: Every person shall have the right to be treated with justice in judicial andadministrative proceedings.Seventh: The proceedings of a trial are public unless the court decides to make itsecret.Eighth: Punishment shall be personal.Ninth: Laws shall not have retroactive effect unless stipulated otherwise. Thisexclusion shall not include laws on taxes and fees.Tenth: Criminal laws shall not have retroactive effect, unless it is to the benefit ofthe accused.Eleventh: The court shall appoint a lawyer at the expense of the state for anaccused of a felony or misdemeanor who does not have a defense lawyer.
Twelfth:A. Unlawful detention shall be prohibited.B. Imprisonment or detention shall be prohibited in places not designed forthese purposes, pursuant to prison laws covering health and social care,and subject to the authorities of the State.Thirteenth: The preliminary investigative documents shall be submitted to thecompetent judge in a period not to exceed twenty-four hours from the time of thearrest of the accused, which may be extended only once and for the same period.Article 20:<strong>Iraqi</strong> citizens, men and women, shall have the right to participate in public affairs and toenjoy political rights including the right to vote, elect, and run for office.Article 21:First: No <strong>Iraqi</strong> shall be surrendered to foreign entities and authorities.Second: A law shall regulate the right of political asylum in Iraq. No politicalrefugee shall be surrendered to a foreign entity or returned forcibly to the countryfrom which he fled.Third: Political asylum shall not be granted to a person accused of committinginternational or terrorist crimes or to any person who inflicted damage on Iraq.Second: Economic, Social and Cultural LibertiesArticle 22:First: Work is a right for all <strong>Iraqi</strong>s in a way that guarantees a dignified life forthem.Second: The law shall regulate the relationship between employees and employerson economic bases and while observing the rules of social justice.Third: The State shall guarantee the right to form and join unions and professionalassociations, and this shall be regulated by law.Article 23:First: Private property is protected. The owner shall have the right to benefit,exploit and dispose of private property within the limits of the law.
Second: Expropriation is not permissible except for the purposes of public benefitin return for just compensation, and this shall be regulated by law.Third:A. Every <strong>Iraqi</strong> shall have the right to own property anywhere in Iraq. Noothers may possess immovable assets, except as exempted by law.B. Ownership of property for the purposes of demographic change isprohibited.Article 24:The State shall guarantee freedom of movement of <strong>Iraqi</strong> manpower, goods, and capitalbetween regions and governorates, and this shall be regulated by law.Article 25:The State shall guarantee the reform of the <strong>Iraqi</strong> economy in accordance with moderneconomic principles to insure the full investment of its resources, diversification of itssources, and the encouragement and development of the private sector.Article 26:The State shall guarantee the encouragement of investment in the various sectors, and thisshall be regulated by law.Article 27:First: Public assets are sacrosanct, and their protection is the duty of each citizen.Second: The provisions related to the preservation of State properties, theirmanagement, the conditions for their disposal, and the limits for these assets notto be relinquished shall all be regulated by law.Article 28:First: No taxes or fees shall be levied, amended, collected, or exempted, except bylaw.Second: Low income earners shall be exempted from taxes in a way thatguarantees the preservation of the minimum income required for living. Thisshall be regulated by law.Article 29:First:
A. The family is the foundation of society; the State shall preserve it and itsreligious, moral, and national values.B. The State shall guarantee the protection of motherhood, childhood and oldage, shall care for children and youth, and shall provide them with theappropriate conditions to develop their talents and abilities.Second: Children have the right to upbringing, care and education from theirparents. Parents have the right to respect and care from their children, especiallyin times of need, disability, and old age.Third: Economic exploitation of children in all of its forms shall be prohibited,and the State shall take the necessary measures for their protection.Fourth: All forms of violence and abuse in the family, school, and society shall beprohibited.Article 30:First: The State shall guarantee to the individual and the family - especiallychildren and women – social and health security, the basic requirements for livinga free and decent life, and shall secure for them suitable income and appropriatehousing.Second: The State shall guarantee social and health security to <strong>Iraqi</strong>s in cases ofold age, sickness, employment disability, homelessness, orphanhood, orunemployment, shall work to protect them from ignorance, fear and poverty, andshall provide them housing and special programs of care and rehabilitation, andthis shall be regulated by law.Article 31:First: Every citizen has the right to health care. The State shall maintain publichealth and provide the means of prevention and treatment by building differenttypes of hospitals and health institutions.Second: Individuals and entities have the right to build hospitals, clinics, orprivate health care centers under the supervision of the State, and this shall beregulated by law.Article 32:The State shall care for the handicapped and those with special needs, and shall ensuretheir rehabilitation in order to reintegrate them into society, and this shall be regulated bylaw.
Article 33:First: Every individual has the right to live in safe environmental conditions.Second: The State shall undertake the protection and preservation of theenvironment and its biological diversity.Article 34:First: Education is a fundamental factor for the progress of society and is a rightguaranteed by the state. Primary education is mandatory and the state guaranteesthat it shall combat illiteracy.Article 35:Second: Free education in all its stages is a right for all <strong>Iraqi</strong>s.Third: The State shall encourage scientific research for peaceful purposes thatserve humanity and shall support excellence, creativity, invention, and differentaspects of ingenuity.Fourth: Private and public education shall be guaranteed, and this shall beregulated by law.The state shall promote cultural activities and institutions in a manner that befits thecivilizational and cultural history of Iraq, and it shall seek to support indigenous <strong>Iraqi</strong>cultural orientations.Article 36:Practicing sports is a right of every <strong>Iraqi</strong> and the state shall encourage and care for suchactivities and shall provide for their requirements.Chapter Two[Liberties]Article 37:First:A. The liberty and dignity of man shall be protected.B. No person may be kept in custody or investigated except according to ajudicial decision.C. All forms of psychological and physical torture and inhumane treatmentare prohibited. Any confession made under force, threat, or torture shall
not be relied on, and the victim shall have the right to seek compensationfor material and moral damages incurred in accordance with the law.Second: The State shall guarantee protection of the individual from intellectual,political and religious coercion.Third: Forced labor, slavery, slave trade, trafficking in women or children, andsex trade shall be prohibited.Article 38:The State shall guarantee in a way that does not violate public order and morality:A. Freedom of expression using all means.B. Freedom of press, printing, advertisement, media and publication.C. Freedom of assembly and peaceful demonstration, and this shall be regulatedby law.Article 39:First: The freedom to form and join associations and political parties shall beguaranteed, and this shall be regulated by law.Second: It is not permissible to force any person to join any party, society, orpolitical entity, or force him to continue his membership in it.Article 40:The freedom of communication and correspondence, postal, telegraphic, electronic, andtelephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosedexcept for legal and security necessity and by a judicial decision.Article 41:<strong>Iraqi</strong>s are free in their commitment to their personal status according to their religions,sects, beliefs, or choices, and this shall be regulated by law.Article 42:Each individual shall have the freedom of thought, conscience, and belief.Article 43:First: The followers of all religions and sects are free in the:A- Practice of religious rites, including the Husseini rituals.B- Management of religious endowments (waqf), their affairs, and theirreligious institutions, and this shall be regulated by law.
Second: The State shall guarantee freedom of worship and the protection of placesof worship.Article 44:First: Each <strong>Iraqi</strong> has freedom of movement, travel, and residence inside andoutside Iraq.Second: No <strong>Iraqi</strong> may be exiled, displaced, or deprived from returning to thehomeland.Article 45:First: The State shall seek to strengthen the role of civil society institutions, and tosupport, develop and preserve their independence in a way that is consistent withpeaceful means to achieve their legitimate goals, and this shall be regulated bylaw.Second: The State shall seek the advancement of the <strong>Iraqi</strong> clans and tribes, shallattend to their affairs in a manner that is consistent with religion and the law, andshall uphold their noble human values in a way that contributes to thedevelopment of society. The State shall prohibit the tribal traditions that are incontradiction with human rights.Article 46:Restricting or limiting the practice of any of the rights or liberties stipulated in thisConstitution is prohibited, except by a law or on the basis of a law, and insofar as thatlimitation or restriction does not violate the essence of the right or freedom.
Section ThreeFederal PowersArticle 47:The federal powers shall consist of the legislative, executive, and judicial powers, andthey shall exercise their competencies and tasks on the basis of the principle of separationof powers.Chapter one[The Legislative Power]Article 48:The federal legislative power shall consist of the Council of Representatives and theFederation Council.First: The Council of RepresentativesArticle 49:First: The Council of Representatives shall consist of a number of members, at aratio of one seat per 100,000 <strong>Iraqi</strong> persons representing the entire <strong>Iraqi</strong> people.They shall be elected through a direct secret general ballot. The representation ofall components of the people shall be upheld in it.Second: A candidate to the Council of Representatives must be a fully qualified<strong>Iraqi</strong>.Third: A law shall regulate the requirements for the candidate, the voter, and allthat is related to the elections.Fourth: The elections law shall aim to achieve a percentage of representation forwomen of not less than one-quarter of the members of the Council ofRepresentatives.Fifth: The Council of Representatives shall promulgate a law dealing with thereplacement of its members on resignation, dismissal, or death.Sixth: It is not permissible to combine membership in the Council ofRepresentatives with any work or other official position.
Article 50:Each member of the Council of Representatives shall take the following constitutionaloath before the Council prior to assuming his duties:“I swear by God Almighty to carry out my legal duties and responsibilities withdevotion and integrity and preserve the independence and sovereignty of Iraq, andsafeguard the interests of its people, and ensure the safety of its land, sky, water,wealth, and federal democratic system, and I shall endeavor to protect public andprivate liberties, the independence of the judiciary, and pledge to implementlegislation faithfully and neutrally. God is my witness.”Article 51:The Council of Representatives shall establish its bylaws to regulate its work.Article 52:First: The Council of Representatives shall decide, by a two-thirds majority, theauthenticity of membership of its member within thirty days from the date offiling an objection.Second: The decision of the Council of Representatives may be appealed beforethe Federal Supreme Court within thirty days from the date of its issuance.Article 53:First: Sessions of the Council of Representatives shall be public unless, forreasons of necessity, the Council decides otherwise.Second: Minutes of the sessions shall be published by means consideredappropriate by the Council.Article 54:The President of the Republic shall call upon the Council of Representatives to conveneby a presidential decree within fifteen days from the date of the ratification of the generalelection results. Its eldest member shall chair the first session to elect the speaker of theCouncil and his two deputies. This period may not be extended by more than theaforementioned period.Article 55:The Council of Representatives shall elect in its first session its speaker, then his firstdeputy and second deputy, by an absolute majority of the total number of the Councilmembers by direct secret ballot.
Article 56:First: The electoral term of the Council of Representatives shall be four calendaryears, starting with its first session and ending with the conclusion of the fourthyear.Second: The new Council of Representatives shall be elected forty-five daysbefore the conclusion of the preceding electoral term.Article 57:The Council of Representatives shall have one annual term, with two legislative sessions,lasting eight months. The bylaws shall define the method to convene the sessions. Thesession in which the general budget is being presented shall not end until approval of thebudget.Article 58:First: The President of the Republic, the Prime Minister, the Speaker of theCouncil of Representatives, or fifty members of the Council of Representativesmay call the Council to an extraordinary session. The session shall be restrictedto the topics that necessitated the call for the session.Second: The legislative session of the Council of Representatives may beextended for no more than 30 days to complete the tasks that require theextension, based on a request from the President of the Republic, the PrimeMinister, the Speaker of the Council, or fifty members of the Council ofRepresentatives.Article 59:First:The Council of Representatives quorum shall be achieved by an absolutemajority of its members.Second:Decisions in the sessions of the Council of Representatives shall be made by asimple majority after quorum is achieved, unless otherwise stipulated.Article 60:First:Draft laws shall be presented by the President of the Republic and the Councilof Ministers.Second;Proposed laws shall be presented by ten members of the Council ofRepresentatives or by one of its specialized committees.
Article 61:The Council of Representatives shall be competent in the following:First: Enacting federal laws.Second: Monitoring the performance of the executive authority.Third: Electing the President of the Republic.Fourth: Regulating the ratification process of international treaties and agreementsby a law, to be enacted by a two-thirds majority of the members of the Council ofRepresentatives.Fifth: Approving the appointment of the following:A. The President and members of the Federal Court of Cassation, the ChiefPublic Prosecutor, and the President of Judicial Oversight Commission byan absolute majority, based on a proposal from the Higher JuridicalCouncil.B. Ambassadors and those with special grades, based on a proposal from theCouncil of Ministers.C. The <strong>Iraqi</strong> Army Chief of Staff, his assistants, those of the rank of divisioncommander and above, and the director of the intelligence service, basedon a proposal from the Council of Ministers.Sixth:A. Questioning the President of the Republic, based on a petition with cause,by an absolute majority of the members of the Council of Representatives.B. Relieving the President of the Republic by an absolute majority of theCouncil of Representatives after being convicted by the Federal SupremeCourt in one of the following cases:1- Perjury of the constitutional oath.2- Violating the Constitution.3- High treason.Seventh:A. A member of the Council of Representatives may direct questions to thePrime Minister and the Ministers on any subject within their specialty andeach of them shall answer the members’ questions. Only the member whohas asked the question shall have the right to comment on the answer.B. At least twenty-five members of the Council of Representatives may raisea general issue for discussion in order to inquire about a policy and theperformance of the Council of Ministers or one of the Ministries and itshall be submitted to the Speaker of the Council of Representatives, and
the Prime Minister or the Ministers shall specify a date to come before theCouncil of Representatives to discuss it.C. A member of the Council of Representatives, with the agreement oftwenty-five members, may direct an inquiry to the Prime Minister or theMinisters to call them to account on the issues within their authority. Thedebate shall not be held on the inquiry except after at least seven daysfrom the date of submission of the inquiry.Eighth:A. The Council of Representatives may withdraw confidence from one of theMinisters by an absolute majority and he shall be considered resignedfrom the date of the decision of withdrawal of confidence. A vote of noconfidence in a Minister may not be held except upon his request or on thebasis of a request signed by fifty members after the Minister has appearedfor questioning before the Council. The Council shall not issue itsdecision regarding the request except after at least seven days from thedate of its submission.B.1- The President of the Republic may submit a request to the Council ofRepresentatives to withdraw confidence from the Prime Minister.2- The Council of Representatives may withdraw confidence from thePrime Minister based on the request of one-fifth of its members. Thisrequest shall not be submitted except after an inquiry directed at thePrime Minister and after at least seven days from the date ofsubmitting the request.3- The Council of Representatives may decide to withdraw confidencefrom the Prime Minister by an absolute majority of the number of itsmembers.C. The Government is deemed resigned in case of withdrawal of confidencefrom the Prime Minister.D. In case of a vote of withdrawal of confidence in the Council of Ministersas a whole, the Prime Minister and the Ministers continue in theirpositions to run everyday business for a period not to exceed thirty daysuntil a new Council of Ministers is formed in accordance with theprovisions of Article 76 of this Constitution.E. The Council of Representatives may question independent commissionheads in accordance with the same procedures related to the Ministers.The Council shall have the right to relieve them by absolute majority.
Ninth:A. To consent to the declaration of war and the state of emergency by a twothirdsmajority based on a joint request from the President of the Republicand the Prime Minister.B. The state of emergency shall be declared for a period of thirty days, whichcan be extended after approval each time.C. The Prime Minister shall be delegated the necessary powers which enablehim to manage the affairs of the country during the period of thedeclaration of war and the state of emergency. These powers shall beregulated by a law in a way that does not contradict the Constitution.D. The Prime Minister shall present to the Council of Representatives themeasures taken and the results during the period of the declaration of warand the state of emergency within 15 days from the date of its end.Article 62:First: The Council of Ministers shall submit the draft general budget bill and theclosing account to the Council of Representatives for approval.Second: The Council of Representatives may conduct transfers between thesections and chapters of the general budget and reduce the total of its sums, and itmay suggest to the Council of Ministers that they increase the total expenses,when necessary.Article 63:First: A law shall regulate the rights and privileges of the speaker of the Councilof Representatives, his two deputies, and the members of the Council ofRepresentatives.Second:A. A member of the Council of Representatives shall enjoy immunity forstatements made while the Council is in session, and the member may notbe prosecuted before the courts for such.B. A Council of Representatives member may not be placed under arrestduring the legislative term of the Council of Representatives, unless themember is accused of a felony and the Council of Representativesmembers consent by an absolute majority to lift his immunity or if he iscaught in flagrante delicto in the commission of a felony.C. A Council of Representatives member may not be arrested after thelegislative term of the Council of Representatives, unless the member isaccused of a felony and with the consent of the speaker of the Council of
Representatives to lift his immunity or if he is caught in flagrante delictoin the commission of a felony.Article 64:First: The Council of Representatives may be dissolved by an absolute majority ofthe number of its members, or upon the request of one-third of its members by thePrime Minister with the consent of the President of the Republic. The Councilshall not be dissolved during the period in which the Prime Minister is beingquestioned.Second: Upon the dissolution of the Council of Representatives, the President ofthe Republic shall call for general elections in the country within a period not toexceed sixty days from the date of its dissolution. The Council of Ministers inthis case is deemed resigned and continues to run everyday business.Second: The Federation CouncilArticle 65:A legislative council shall be established named the “Federation Council,” to includerepresentatives from the regions and the governorates that are not organized in a region.A law, enacted by a two-thirds majority of the members of the Council ofRepresentatives, shall regulate the formation of the Federation Council, its membershipconditions, its competencies, and all that is connected with it.Chapter Two[The Executive Power]Article 66:The federal executive power shall consist of the President of the Republic and theCouncil of Ministers and shall exercise its powers in accordance with the Constitutionand the law.First: The President of the RepublicArticle 67:The President of the Republic is the Head of the State and a symbol of the unity of thecountry and represents the sovereignty of the country. He shall guarantee thecommitment to the Constitution and the preservation of Iraq’s independence, sovereignty,
unity, and the safety of its territories, in accordance with the provisions of theConstitution.Article 68:A nominee to the Presidency of the Republic must be:First: An <strong>Iraqi</strong> by birth, born to <strong>Iraqi</strong> parents.Second: Fully qualified and must be over forty years of age.Third: Of good reputation and political experience, known for his integrity,uprightness, fairness, and loyalty to the homeland.Fourth: Free of any conviction of a crime involving moral turpitude.Article 69:First: The provisions for nomination to the office of the President of the Republicshall be regulated by law.Second: The provisions for nomination to the office of one or more VicePresidents of the Republic shall be regulated by law.Article 70:First: The Council of Representatives shall elect a President of the Republic fromamong the candidates by a two-thirds majority of the number of its members.Second: If none of the candidates receive the required majority vote then the twocandidates who received the highest number of votes shall compete and the onewho receives the majority of votes in the second election shall be declaredPresident.Article 71:The President shall take the constitutional oath before the Council of Representativesaccording to the language stipulated in Article 50 of the Constitution.Article 72:First: The President of the Republic’s term in office shall be limited to four years.He may be re-elected for a second time only.Second:A- The President of the Republic’s term in office shall end with the end of theterm of the Council of Representatives.
B- The President of the Republic shall continue to exercise his duties until afterthe end of the election and the meeting of the new Council of Representatives,provided that a new President of the Republic is elected within thirty days fromthe date of its first convening.C- In case the position of the President of the Republic becomes vacant for anyreason, a new President shall be elected to complete the remaining period of thePresident’s term.Article 73:The President of the Republic shall assume the following powers:First: To issue a special pardon on the recommendation of the Prime Minister, exceptfor anything concerning a private claim and for those who have been convicted ofcommitting international crimes, terrorism, or financial and administrative corruption.Second: To ratify international treaties and agreements after the approval by theCouncil of Representatives. Such international treaties and agreements areconsidered ratified after fifteen days from the date of receipt by the President.Third: To ratify and issue the laws enacted by the Council of Representatives. Suchlaws are considered ratified after fifteen days from the date of receipt by thePresident.Fourth: To call the elected Council of Representatives to convene during a period notto exceed fifteen days from the date of approval of the election results and in the othercases stipulated in the Constitution.Fifth: To award medals and decorations on the recommendation of the Prime Ministerin accordance with the law.Sixth: To accredit ambassadors.Seventh: To issue Presidential decrees.Eighth: To ratify death sentences issued by the competent courts.Ninth: To perform the duty of the High Command of the armed forces for ceremonialand honorary purposes.Tenth: To exercise any other presidential powers stipulated in this Constitution.Article 74:A law shall fix the salary and the allowances of the President of the Republic.
Article 75:First: The President of the Republic shall have the right to submit his resignationin writing to the Speaker of the Council of Representatives, and it shall beconsidered effective after seven days from the date of its submission to theCouncil of Representatives.Second: The Vice President shall replace the President in case of his absence.Third: The Vice President shall replace the President of the Republic in the eventthat the post of the President becomes vacant for any reason whatsoever. TheCouncil of Representatives must elect a new President within a period not toexceed thirty days from the date of the vacancy.Fourth: In case the post of the President of the Republic becomes vacant, theSpeaker of the Council of Representatives shall replace the President of theRepublic in case he does not have a Vice President, on the condition that a newPresident is elected during a period not to exceed thirty days from the date of thevacancy and in accordance with the provisions of this Constitution.Second: Council of MinistersArticle 76:First: The President of the Republic shall charge the nominee of the largestCouncil of Representatives bloc with the formation of the Council of Ministerswithin fifteen days from the date of the election of the President of the Republic.Second: The Prime Minister-designate shall undertake the naming of the membersof his Council of Ministers within a period not to exceed thirty days from the dateof his designation.Third: If the Prime Minister-designate fails to form the Council of Ministersduring the period specified in clause “Second,” the President of the Republic shallcharge a new nominee for the post of Prime Minister within fifteen days.Fourth: The Prime Minister-designate shall present the names of his members ofthe Council of Ministers and the ministerial program to the Council ofRepresentatives. He is deemed to have gained its confidence upon the approval,by an absolute majority of the Council of Representatives, of the individualMinisters and the ministerial program.Fifth: The President of the Republic shall charge another nominee to form theCouncil of Ministers within fifteen days in case the Council of Ministers did notwin the vote of confidence.
Article 77:First: The conditions for assuming the post of the Prime Minister shall be thesame as those for the President of the Republic, provided that he has a collegedegree or its equivalent and is over thirty-five years of age.Second: The conditions for assuming the post of Minister shall be the same asthose for members of the Council of Representatives, provided that he holds acollege degree or its equivalent.Article 78:The Prime Minister is the direct executive authority responsible for the general policy ofthe State and the commander-in-chief of the armed forces. He directs the Council ofMinisters, presides over its meetings, and has the right to dismiss the Ministers, with theconsent of the Council of Representatives.Article 79:The Prime Minister and members of the Council of Ministers shall take the constitutionaloath before the Council of Representatives according to the language stipulated in Article50 of the Constitution.Article 80:The Council of Ministers shall exercise the following powers:First: To plan and execute the general policy and general plans of the State andoversee the work of the ministries and departments not associated with a ministry.Second: To propose bills.Third: To issue rules, instructions, and decisions for the purpose of implementingthe law.Fourth: To prepare the draft of the general budget, the closing account, and thedevelopment plans.Fifth: To recommend to the Council of Representatives that it approve theappointment of undersecretaries, ambassadors, state senior officials, the Chief ofStaff of the Armed Forces and his deputies, division commanders or higher, theDirector of the <strong>National</strong> Intelligence Service, and heads of security institutions.Sixth: To negotiate and sign international agreements and treaties, or designateany person to do so.
Article 81:First: The President of the Republic shall take up the office of the Prime Ministerin the event the post becomes vacant for any reason whatsoever.Second: If the event mentioned in “First” of this Article occurs, the President shallcharge another nominee to form the Council of Ministers within a period not toexceed fifteen days in accordance with the provisions of Article 76 of thisConstitution.Article 82:A law shall regulate the salaries and allowances of the Prime Minister and Ministers, andanyone of their grade.Article 83:The responsibility of the Prime Minister and the Ministers before the Council ofRepresentatives is of a joint and personal nature.Article 84:First: A law shall regulate the work and define the duties and authorities of thesecurity institutions and the <strong>National</strong> Intelligence Service, which shall operate inaccordance with the principles of human rights and shall be subject to theoversight of the Council of Representatives.Second: The <strong>National</strong> Intelligence Service shall be attached to the Council ofMinisters.Article 85:The Council of Ministers shall establish internal bylaws to organize the work therein.Article 86:A law shall regulate the formation of ministries, their functions, and their specializations,and the authorities of the minister.Chapter Three[The Judicial Power]Article 87:
The judicial power is independent. The courts, in their various types and levels, shallassume this power and issue decisions in accordance with the law.Article 88:Judges are independent, and there is no authority over them except that of the law. Nopower shall have the right to interfere in the judiciary and the affairs of justice.Article 89:The federal judicial power is comprised of the Higher Juridical Council, the FederalSupreme Court, the Federal Court of Cassation, the Public Prosecution Department, theJudiciary Oversight Commission, and other federal courts that are regulated inaccordance with the law.First: Higher Juridical CouncilArticle 90:The Higher Juridical Council shall oversee the affairs of the judicial committees. Thelaw shall specify the method of its establishment, its authorities, and the rules of itsoperation.Article 91:The Higher Juridical Council shall exercise the following authorities:First: To manage the affairs of the judiciary and supervise the federal judiciary.Second: To nominate the Chief Justice and members of the Federal Court ofCassation, the Chief Public Prosecutor, and the Chief Justice of the JudiciaryOversight Commission, and to present those nominations to the Council ofRepresentatives to approve their appointment.Third: To propose the draft of the annual budget of the federal judicial authority,and to present it to the Council of Representatives for approval.Second: Federal Supreme CourtArticle 92:First: The Federal Supreme Court is an independent judicial body, financially andadministratively.
Second: The Federal Supreme Court shall be made up of a number of judges,experts in Islamic jurisprudence, and legal scholars, whose number, the method oftheir selection, and the work of the Court shall be determined by a law enacted bya two-thirds majority of the members of the Council of Representatives.Article 93:The Federal Supreme Court shall have jurisdiction over the following:First: Overseeing the constitutionality of laws and regulations in effect.Second: Interpreting the provisions of the Constitution.Third: Settling matters that arise from the application of the federal laws,decisions, regulations, instructions, and procedures issued by the federalauthority. The law shall guarantee the right of direct appeal to the Court to theCouncil of Ministers, those concerned individuals, and others.Fourth: Settling disputes that arise between the federal government and thegovernments of the regions and governorates, municipalities, and localadministrations.Fifth: Settling disputes that arise between the governments of the regions andgovernments of the governorates.Sixth: Settling accusations directed against the President, the Prime Minister andthe Ministers, and this shall be regulated by law.Seventh: Ratifying the final results of the general elections for membership in theCouncil of Representatives.Eight:A. Settling competency disputes between the federal judiciary and thejudicial institutions of the regions and governorates that are notorganized in a region.B. Settling competency disputes between judicial institutions of theregions or governorates that are not organized in a region.Article 94:Decisions of the Federal Supreme Court are final and binding for all authorities.Third: General Provisions
Article 95:The establishment of special or extraordinary courts is prohibited.Article 96:The law shall regulate the establishment of courts, their types, levels, and jurisdiction,and the method of appointing and the terms of service of judges and public prosecutors,their discipline, and their retirement.Article 97:Judges may not be removed except in cases specified by law. Such law will determinethe particular provisions related to them and shall regulate their disciplinary measures.Article 98:A judge or public prosecutor is prohibited from the following:First: Combining a judicial position with legislative and executive positions andany other employment.Second: Joining any party or political organization or performing any politicalactivity.Article 99:A law shall regulate the military judiciary and shall specify the jurisdiction of militarycourts, which are limited to crimes of a military nature committed by members of thearmed forces and security forces, and within the limits established by law.Article 100:It is prohibited to stipulate in the law the immunity from appeal for any administrativeaction or decision.Article 101:A State Council may be established, specialized in functions of the administrativejudiciary, issuing opinions, drafting, and representing the State and various publiccommissions before the courts except those exempted by law.Chapter Four[Independent Commissions]Article 102:
The High Commission for Human Rights, the Independent Electoral Commission, andthe Commission on Public Integrity are considered independent commissions subject tomonitoring by the Council of Representatives, and their functions shall be regulated bylaw.Article 103:First: The Central Bank of Iraq, the Board of Supreme Audit, the Communicationand Media Commission, and the Endowment Commissions are financially andadministratively independent institutions, and the work of each of theseinstitutions shall be regulated by law.Second: The Central Bank of Iraq is responsible before the Council ofRepresentatives. The Board of Supreme Audit and the Communication andMedia Commission shall be attached to the Council of Representatives.Third: The Endowment Commissions shall be attached to the Council ofMinisters.Article 104:A commission named The Martyrs’ Foundation shall be established and attached to theCouncil of Ministers, and its functions and competencies shall be regulated by law.Article 105:A public commission shall be established to guarantee the rights of the regions andgovernorates that are not organized in a region to ensure their fair participation inmanaging the various state federal institutions, missions, fellowships, delegations, andregional and international conferences. The commission shall be comprised ofrepresentatives of the federal government and representatives of the regions andgovernorates that are not organized in a region, and shall be regulated by a law.Article 106:A public commission shall be established by a law to audit and appropriate federalrevenues. The commission shall be comprised of experts from the federal government,the regions, the governorates, and its representatives, and shall assume the followingresponsibilities:First: To verify the fair distribution of grants, aid, and international loans pursuantto the entitlement of the regions and governorates that are not organized in aregion.Second: To verify the ideal use and division of the federal financial resources.
Third: To guarantee transparency and justice in appropriating funds to thegovernments of the regions and governorates that are not organized in a region inaccordance with the established percentages.Article 107:A council named the Federal Public Service Council shall be established and shallregulate the affairs of the federal public service, including appointments and promotions,and its formation and competencies shall be regulated by law.Article 108:Other independent commissions may be established by law, according to need andnecessity.
Section FourPowers of the Federal GovernmentArticle 109:The federal authorities shall preserve the unity, integrity, independence, and sovereigntyof Iraq and its federal democratic system.Article 110:The federal government shall have exclusive authorities in the following matters:First: Formulating foreign policy and diplomatic representation; negotiating,signing, and ratifying international treaties and agreements; negotiating, signing,and ratifying debt policies and formulating foreign sovereign economic and tradepolicy.Second: Formulating and executing national security policy, includingestablishing and managing armed forces to secure the protection and guaranteethe security of Iraq’s borders and to defend Iraq.Third: Formulating fiscal and customs policy; issuing currency; regulatingcommercial policy across regional and governorate boundaries in Iraq; drawingup the national budget of the State; formulating monetary policy; and establishingand administering a central bank.Fourth: Regulating standards, weights, and measures.Fifth: Regulating issues of citizenship, naturalization, residency, and the right toapply for political asylum.Sixth: Regulating the policies of broadcast frequencies and mail.Seventh: Drawing up the general and investment budget bill.Eighth: Planning policies relating to water sources from outside Iraq andguaranteeing the rate of water flow to Iraq and its just distribution inside Iraq inaccordance with international laws and conventions.Ninth: General population statistics and census.Article 111:Oil and gas are owned by all the people of Iraq in all the regions and governorates.
Article 112:First: The federal government, with the producing governorates and regionalgovernments, shall undertake the management of oil and gas extracted frompresent fields, provided that it distributes its revenues in a fair manner inproportion to the population distribution in all parts of the country, specifying anallotment for a specified period for the damaged regions which were unjustlydeprived of them by the former regime, and the regions that were damagedafterwards in a way that ensures balanced development in different areas of thecountry, and this shall be regulated by a law.Second: The federal government, with the producing regional and governorategovernments, shall together formulate the necessary strategic policies to developthe oil and gas wealth in a way that achieves the highest benefit to the <strong>Iraqi</strong> peopleusing the most advanced techniques of the market principles and encouraginginvestment.Article 113:Antiquities, archeological sites, cultural buildings, manuscripts, and coins shall beconsidered national treasures under the jurisdiction of the federal authorities, and shall bemanaged in cooperation with the regions and governorates, and this shall be regulated bylaw.Article 114:The following competencies shall be shared between the federal authorities and regionalauthorities:First: To manage customs, in coordination with the governments of the regionsand governorates that are not organized in a region, and this shall be regulated bya law.Second: To regulate the main sources of electric energy and its distribution.Third: To formulate environmental policy to ensure the protection of theenvironment from pollution and to preserve its cleanliness, in cooperation withthe regions and governorates that are not organized in a region.Fourth: To formulate development and general planning policies.Fifth: To formulate public health policy, in cooperation with the regions andgovernorates that are not organized in a region.Sixth: To formulate the public educational and instructional policy, inconsultation with the regions and governorates that are not organized in a region.
Seventh: To formulate and regulate the internal water resources policy in a waythat guarantees their just distribution, and this shall be regulated by a law.Article 115:All powers not stipulated in the exclusive powers of the federal government belong to theauthorities of the regions and governorates that are not organized in a region. Withregard to other powers shared between the federal government and the regionalgovernment, priority shall be given to the law of the regions and governorates notorganized in a region in case of dispute.
Section FivePowers of the RegionsChapter One[Regions]Article 116:The federal system in the Republic of Iraq is made up of a decentralized capital, regions,and governorates, as well as local administrations.Article 117:First: This Constitution, upon coming into force, shall recognize the region ofKurdistan, along with its existing authorities, as a federal region.Second: This Constitution shall affirm new regions established in accordance withits provisions.Article 118:The Council of Representatives shall enact, in a period not to exceed six months from thedate of its first session, a law that defines the executive procedures to form regions, by asimple majority of the members present.Article 119:One or more governorates shall have the right to organize into a region based on a requestto be voted on in a referendum submitted in one of the following two methods:First: A request by one-third of the council members of each governorate intending toform a region.Second: A request by one-tenth of the voters in each of the governorates intending toform a region.Article 120:Each region shall adopt a constitution of its own that defines the structure of powers ofthe region, its authorities, and the mechanisms for exercising such authorities, providedthat it does not contradict this Constitution.Article 121:
First: The regional powers shall have the right to exercise executive, legislative,and judicial powers in accordance with this Constitution, except for thoseauthorities stipulated in the exclusive authorities of the federal government.Second: In case of a contradiction between regional and national legislation inrespect to a matter outside the exclusive authorities of the federal government, theregional power shall have the right to amend the application of the nationallegislation within that region.Third: Regions and governorates shall be allocated an equitable share of thenational revenues sufficient to discharge their responsibilities and duties, buthaving regard to their resources, needs, and the percentage of their population.Fourth: Offices for the regions and governorates shall be established in embassiesand diplomatic missions, in order to follow cultural, social, and developmentalaffairs.Fifth: The regional government shall be responsible for all the administrativerequirements of the region, particularly the establishment and organization of theinternal security forces for the region such as police, security forces, and guardsof the region.Chapter Two[Governorates that are not incorporated in a region]Article 122:First: The governorates shall be made up of a number of districts, sub-districts,and villages.Second: Governorates that are not incorporated in a region shall be granted broadadministrative and financial authorities to enable them to manage their affairs inaccordance with the principle of decentralized administration, and this shall beregulated by law.Third: The governor, who is elected by the Governorate Council, is deemed thehighest executive official in the governorate to practice his powers authorized bythe Council.Fourth: A law shall regulate the election of the Governorate Council, thegovernor, and their powers.Fifth: The Governorate Council shall not be subject to the control or supervisionof any ministry or any institution not linked to a ministry. The GovernorateCouncil shall have independent finances.
Article 123:Powers exercised by the federal government can be delegated to the governorates or viceversa, with the consent of both governments, and this shall be regulated by law.Chapter Three[The Capital]Article 124:First: Baghdad in its municipal borders is the capital of the Republic of Iraq and shallconstitute, in its administrative borders, the governorate of Baghdad.Second: This shall be regulated by a law.Third: The capital may not merge with a region.Chapter Four[The Local Administrations]Article 125:This Constitution shall guarantee the administrative, political, cultural, and educationalrights of the various nationalities, such as Turkomen, Chaldeans, Assyrians, and all otherconstituents, and this shall be regulated by law.
Section SixFinal and Transitional ProvisionsChapter One[Final Provisions]Article 126:First: The President of the Republic and the Council of the Ministers collectively,or one-fifth of the Council of Representatives members, may propose to amendthe Constitution.Second: The fundamental principles mentioned in Section One and the rights andliberties mentioned in Section Two of the Constitution may not be amendedexcept after two successive electoral terms, with the approval of two-thirds of themembers of the Council of Representatives, the approval of the people in ageneral referendum, and the ratification by the President of the Republic withinseven days.Third: Other articles not stipulated in clause “Second” of this Article may not beamended, except with the approval of two-thirds of the members of the Council ofRepresentatives, the approval of the people in a general referendum, and theratification by the President of the Republic within seven days.Fourth: Articles of the Constitution may not be amended if such amendment takesaway from the powers of the regions that are not within the exclusive powers ofthe federal authorities, except by the approval of the legislative authority of theconcerned region and the approval of the majority of its citizens in a generalreferendum.Fifth:A- An amendment is considered ratified by the President of the Republic afterthe expiration of the period stipulated in clauses “Second” and “Third” ofthis Article, in case he does not ratify it.B- An amendment shall enter into force on the date of its publication in theOfficial Gazette.Article 127:The President of the Republic, the Prime Minister, members of the Council of Ministers,the Speaker of the Council of Representatives, his two Deputies, members of the Councilof Representatives, members of the Judicial Authority, and people of special grades maynot use their influence to buy or rent any state properties, to rent or sell any of their assets
to the state, to sue the state for these assets, or to conclude a contract with the state underthe pretense of being building contractors, suppliers, or concessionaires.Article 128:The laws and judicial judgments shall be issued in the name of the people.Article 129:Laws shall be published in the Official Gazette and shall take effect on the date of theirpublication, unless stipulated otherwise.Article 130:Existing laws shall remain in force, unless annulled or amended in accordance with theprovisions of this Constitution.Article 131:Every referendum mentioned in this Constitution is deemed successful with the approvalof the majority of the voters unless otherwise stipulated.Chapter Two[Transitional Provisions]Article 132:First: The State shall guarantee care for the families of the martyrs, politicalprisoners, and victims of the oppressive practices of the defunct dictatorialregime.Second: The State shall guarantee compensation to the families of the martyrsand the injured as a result of terrorist acts.Third: A law shall regulate matters mentioned in clauses “First” and “Second” ofthis Article.Article 133:The Council of Representatives shall adopt in its first session the bylaws of theTransitional <strong>National</strong> Assembly until it adopts its own bylaws.Article 134:
The <strong>Iraqi</strong> High Tribunal shall continue its duties as an independent judicial body, inexamining the crimes of the defunct dictatorial regime and its symbols. The Council ofRepresentatives shall have the right to dissolve it by law after the completion of its work.Article 135:First: The High Commission for De-Ba’athification shall continue its functions asan independent commission, in coordination with the judicial authority and theexecutive institutions within the framework of the laws regulating its functions.The Commission shall be attached to the Council of Representatives.Second: The Council of Representatives shall have the right to dissolve thisCommission by an absolute majority after the completion of its function.Third: A nominee to the positions of the President of the Republic, the PrimeMinister, the members of the Council of Ministers, the Speaker, the members ofthe Council of Representatives, the President, members of the Federation Council,their counterparts in the regions, or members of the judicial commissions andother positions covered by de-Ba’athification statutes pursuant to the law may notbe subject to the provisions of de-Ba’athification.Fourth: The conditions stated in clause “Third” of this Article shall remain inforce unless the Commission stated in item “First” of this Article is dissolved.Fifth: Mere membership in the dissolved Ba’ath party shall not be considered asufficient basis for referral to court, and a member shall enjoy equality before thelaw and protection unless covered by the provisions of De-Ba’athification and thedirectives issued according to it.Sixth: The Council of Representatives shall form a parliamentary committee fromamong its members to monitor and review the executive procedures of the HigherCommission for De-Ba’athification and state institutions to guarantee justice,objectivity, and transparency and to examine their consistency with the laws. Thecommittee’s decisions shall be subject to the approval of the Council ofRepresentatives.Article 136:First: The Property Claims Commission shall continue its functions as anindependent commission in coordination with the judicial authority and theexecutive institutions in accordance with the law. The Property ClaimsCommission shall be attached to the Council of Representatives.Second: The Council of Representatives shall have the right to dissolve theCommission by a two-thirds majority vote of its members.
Article 137:Application of the provisions of the articles related to the Federation Council, wherever itmay be cited in this Constitution, shall be postponed until the Council of Representativesissues a decision by a two-thirds majority vote in its second electoral term that is heldafter this Constitution comes into force.Article 138:First: The expression “the Presidency Council” shall replace the expression “thePresident of the Republic” wherever the latter is mentioned in this Constitution.The provisions related to the President of the Republic shall be reactivated onesuccessive term after this Constitution comes into force.Second:A. The Council of Representatives shall elect the President of the State andtwo Vice Presidents who shall form a Council called the “PresidencyCouncil,” which shall be elected by one list and with a two-thirdsmajority.B. The provisions to remove the President of the Republic present in thisConstitution shall apply to the President and members of the PresidencyCouncil.C. The Council of Representatives may remove a member of the PresidencyCouncil with a three-fourths majority of the number of its members forreasons of incompetence and dishonesty.D. In the event of a vacant seat in the Presidency Council, the Council ofRepresentatives shall elect a replacement by a two-thirds majority vote ofits members.Third: Members of the Presidency Council shall be subject to the same conditionsas a member of the Council of Representatives and must:A. Be over forty years of age.B. Enjoy good reputation, integrity and uprightness.C. Have quit the dissolved (Ba’ath) Party ten years prior to its fall, in case hewas a member of it.D. Have not participated in suppressing the 1991 and Al-Anfal uprisings. Hemust not have committed a crime against the <strong>Iraqi</strong> people.Fourth: The Presidency Council shall issue its decisions unanimously and anymember may delegate to one of the two other members to take his place.
Fifth:A- Legislation and decisions enacted by the Council of Representatives shallbe forwarded to the Presidency Council for their unanimous approval andfor its issuance within ten days from the date of delivery to the PresidencyCouncil, except the stipulations of Articles 118 and 119 that pertain to theformation of regions.B- In the event the Presidency Council does not approve, legislation anddecisions shall be sent back to the Council of Representatives toreexamine the disputed issues and to vote on them by the majority of itsmembers and then shall be sent for the second time to the PresidencyCouncil for approval.C- In the event the Presidency Council does not approve the legislation anddecisions for the second time within ten days of receipt, the legislation anddecisions are sent back to the Council of Representatives, which has theright to adopt it by three-fifths majority of its members, which may not bechallenged, and the legislation or decision shall be considered ratified.Sixth: The Presidency Council shall exercise the powers of the President of theRepublic stipulated in this Constitution.Article 139:The Prime Minister shall have two deputies in the first electoral term.Article 140:First: The executive authority shall undertake the necessary steps to complete theimplementation of the requirements of all subparagraphs of Article 58 of theTransitional Administrative Law.Second: The responsibility placed upon the executive branch of the <strong>Iraqi</strong>Transitional Government stipulated in Article 58 of the TransitionalAdministrative Law shall extend and continue to the executive authority electedin accordance with this Constitution, provided that it accomplishes completely(normalization and census and concludes with a referendum in Kirkuk and otherdisputed territories to determine the will of their citizens), by a date not to exceedthe 31st of December <strong>2007</strong>.Article 141:Legislation enacted in the region of Kurdistan since 1992 shall remain in force, anddecisions issued by the government of the region of Kurdistan, including court decisionsand contracts, shall be considered valid unless they are amended or annulled pursuant tothe laws of the region of Kurdistan by the competent entity in the region, provided thatthey do not contradict with the Constitution.
Article 142:First: The Council of Representatives shall form at the beginning of its work acommittee from its members representing the principal components of the <strong>Iraqi</strong>society with the mission of presenting to the Council of Representatives, within aperiod not to exceed four months, a report that contains recommendations of thenecessary amendments that could be made to the Constitution, and the committeeshall be dissolved after a decision is made regarding its proposals.Second: The proposed amendments shall be presented to the Council ofRepresentatives all at once for a vote upon them, and shall be deemed approvedwith the agreement of the absolute majority of the members of the Council.Third: The articles amended by the Council of Representatives pursuant to item“Second” of this Article shall be presented to the people for voting on them in areferendum within a period not exceeding two months from the date of theirapproval by the Council of Representatives.Fourth: The referendum on the amended Articles shall be successful if approvedby the majority of the voters, and if not rejected by two-thirds of the voters inthree or more governorates.Fifth: Article 126 of the Constitution (concerning amending the Constitution)shall be suspended, and shall return into force after the amendments stipulated inthis Article have been decided upon.Article 143:The Transitional Administrative Law and its Annex shall be annulled on the seating ofthe new government, except for the stipulations of Article 53(A) and Article 58 of theTransitional Administrative Law.Article 144:This Constitution shall come into force after the approval of the people thereon in ageneral referendum, its publication in the Official Gazette, and the seating of thegovernment that is formed pursuant to this Constitution.
(Annex II )<strong>National</strong> Reconciliation Plan In The Name of GodThe <strong>National</strong> Reconciliation and Dialogue projectIn order to confirm the coherence between the <strong>Iraqi</strong> people, establishingthe basis of national unity among their different components, to treat theremains of terrorism and administrative corruption, spreading the spirit ofthe loyal nationality to Iraq in order to build wide national front toconfront challenges and to regain the pioneer position of Iraq regionallyand internationally …for all that we release the initiative of nationalreconciliation and dialogue that depends on two basic elements:1- The reliable procedure.2- Principles and required policies.First: proceduresA- Forming national head committee (the head <strong>National</strong>Committee of <strong>National</strong> Reconciliation and Dialogue project)contains representatives from the three authorities, the stateminister of the national dialogue and representatives from theparliamentary slates.B- Forming sub-committees in the governorates by the headnational committee, it takes over the tasks of the committee toexpand the reconciliation horizontally.C- Forming field committees to put horizontal cultural and mediaconceptions, follow up the process of reconciliation andevaluating it stages.D- Held conferences for the different slices of life such as:1- Conference to the religious leaders to support the reconciliationprocess and announcing (Fatwa) to convince people.2- Conference to the heads of tribes issues covenant of honor toconfront the state fighting and fighting terrorism.3- Conference to the effective political parties pledge to support thegovernment, protect the political process and confront the terroristchallenge and corruption.4- Calling all the NGOs to carry out activities, conferences, educationcampaigns to achieve the aims of reconciliation plan.Second: the principles and policies required1- Adopting a political reasonable address by the political powers thattake part in the political process, and by the government to bringback the alternating currents and to achieve media neutralism.2- Adopting an honest national dialogue in dealing with all politicalvisions and stances, which are opposite to those of the governmentin the political process.1
(Annex II )3- Adopting the legal and constitutional legitimacy to solve thecountry’s problems and to put an end to the assassinationphenomenon.4- The political powers, involved in the government should take arejecting stance against the terrorists and Saddam’s followers.This is a Government of Iraq Document. It is included withoutprejudice to mutual commitments to be agreed in theframework of the compact5- Issuing an amnesty to the prisoners who are not involved in crimesagainst humanity or terrorist acts and forming committees to setthem free immediately.The insurgent who seeks to gain the amnesty opportunity has todenounce violence, support the national government and to obeythe rule of law.6- Preventing human rights violations, working on reforming theprisons and punishingAnnex II– <strong>National</strong> Reconciliation Planthose responsible for torture crimes and allowing the internationalorganizations to visit the prisons.7- Dealing with the MNF to put mechanisms to prevent human rightsviolations and the civilians’ abuses through military operations.8- Finding solutions for the personnel of the dissolved departments,especially in relation to economic part and to take benefits of theirexpertise.9- Reconsidering the Debaathification Board according to theConstitution, the judicial authorities and the Law to take aconstitutional and vocational pattern.10- Taking prompt procedures to improve the services, especially inthe hot areas.11- Activating the preparatory committees, emanated from the CairoConference for <strong>National</strong> Accord, in coordination with the UN andthe Arab League and encouraging the Baghdad Peace Initiation.12- The government should make a balanced Islamic-Arabic-Regionalmovement to make the other government be acquainted with whatis going on in Iraq and gain their support to the <strong>National</strong> AccordProcess, especially those enhancing terrorism or overlooking it.13- Taking a serious and quick step towards establishing the armedforces which will take the responsibility of managing Iraq’ssecurity in preparation of withdrawal of the MNF.14- Taking a serious and quick step towards establishing the armedforces in both Ministry of Defense and Ministry of Interior onprofessional and national bases for they will take the responsibility2
(Annex II )of managing Iraq’s security instead of the MNF before theywithdraw.15- Activating the decisions that support victims of the former regimethrough compensations and making available all potentials toimprove their living standards all over Iraq.16- Removing all obstacles facing the <strong>Iraqi</strong> citizens or organizations totake part in building Iraq according to the Constitution if they didnot commit any crime.17- Giving compensations for those who have been suffering fromterrorist acts, military operations or violence.18- Activating the role of judiciary to punish the criminals, making itthe only reference in dealing with crimes, former regime’s topofficials, terrorists and gangs of kidnapping and killing.19- Making the armed forces independent on the influence of thecompeting political powers, disbanding the militias and illegalarmed groups and treat them according to politics, economy andsecurity.20- Gathering the visions and stances towards the anti-Iraq terroristand expiatory groups.This is a Government of Iraq Document. It is included withoutprejudice to mutual commitments to be agreed in the framework ofthe compact.21- Starting a wide-scaled construction campaign all over Iraq to treatthe unemployment phenomenon.22- The elections led to the forming Parliament, constitution and agovernment of national unity as the only legal representative of the<strong>Iraqi</strong> peoples’ will in dealing with sovereignty and the existence ofMNF.23- Make the deportees get back home. The government and thesecurity systems are responsible for their return and safety toprevent the terrorists from harming them in addition tocompensating them for all the damages they have and adopt a firmsecurity plan that ensures protecting people and prevents themfrom being subject to blackmail.24- Search and arrest operations happen according to judiciary ordersbefore the raid or arrest. These orders should follow certaininformation, not vexatious one and should be in Annex II–<strong>National</strong> Reconciliation Plan conformity with human rights. Themilitary operations should also occur on the basis of official orders.This is a Government of Iraq Document. It is included withoutprejudice to mutual commitments to be agreed in the framework ofthe compact.3
(Annex III )The International Compact with IraqSummaryThe International Compact with Iraq (ICI) is an initiative of theGovernment of Iraq for a new partnership with the InternationalCommunity. Its main objective is to establish a framework for Iraq torealize its <strong>National</strong> Vision.The Compact aims to create a mutually reinforcing dynamic of nationalconsensus and international support. Domestically the aim is to build anational Compact around the government’s political and economicprogram and to restore the <strong>Iraqi</strong> people’s trust in the state and its abilityto protect them and meet their basic needs. Internationally, the Compactestablishes a framework of mutual commitments that will support Iraqand strengthen its resolve to address critical reforms and policies.It is recognized that the resolution of security and political challenges,good governance and the provision of basic services are pre-requisitesfor progress in all other areas, including economic revival. The Compactis premised on the belief of a symbiotic relation between peace-buildingand economic prosperity. Together national reconciliation, improvedsecurity, better governance, and continued economic and social reformswill help unlock Iraq’s own development potential. Iraq’s internationalpartners will provide financial, technical and political support to helpmeet these challenges on the basis of mutual commitments.The Compact aims to reintegrate Iraq with its region and with theInternational Community at large on the basis of mutual respect and thepursuit of common interests. It is a statement of solidarity with theGovernment and people of Iraq and recognition of the achievements ofthe past three years, especially the fulfillment of the political timetable ofUNSCR 1546 and a commitment by the Government and itsinternational partners to work together to complete the process oftransition and reconstruction.The Compact reaffirms the commitment of the Government of Iraq tofight corruption. It reflects the Government’s responsibility to its citizensto establish transparent institutions and practices through which publicservants will be held accountable for their actions. Its essential spiritpromotes a unified Iraq, the fruits of which must be shared honestly andjustly amongst the country’s entire population, regardless of status.Achieving prosperity is a key part of the Vision. Experience elsewherehas shown that sustainable growth in employment and living standards1
(Annex III )has to be driven by a strong, diversified private sector. The Governmenthas a key role to play in various ways – ensuring good management ofIraq’s oil revenues, creating the legal and regulatory framework,managing the macro economy, protecting the vulnerable, providingsecurity – but the real source of sustainable prosperity has to be theprivate sector.Transformation of the economy will require broad public support and buyin. The Government is committed to building consensus around itsprogram of action, and ensuring that the benefits of reform are wellcommunicated to the <strong>Iraqi</strong> people.The Compact outlines the program for achieving the Vision of theGovernment of Iraq in the political, security and socio-economic areas.On the economic front, it sets out the broad shape and major policyinitiatives. The policy framework focuses on key areas identified in the<strong>National</strong> Development <strong>Strategy</strong>: public resource management, economicreforms, social sector reforms, and investment, energy and agriculture.The Compact includes broad reform and investment programs to arriveat measurable mutual commitments that the Government of Iraq and theInternational Community will implement together.The Compact establishes a schedule for international partner’s actionsincluding tangible financial commitments calibrated to the Government’sreform efforts and based on an internationally recognized framework bywhich <strong>Iraqi</strong> needs will be identified and quantified.The Compact provides for transparent, inclusive and robust mechanismfor coordination and planning with both domestic and internationalstakeholders.2
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