|
Constitution forces modern market principals in iraq { September 15 2005 } Original Source Link: (May no longer be active)
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/15/AR2005091501532.html"Article (109): 2nd _ The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment."
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/15/AR2005091501532.html
Final Draft of Iraqi Constitution - 8
By The Associated Press
The Associated Press
Thursday, September 15, 2005; 3:50 PM
-- The complete text of the final draft of the Iraqi Constitution, as translated from the Arabic by The Associated Press, part 8.
CHAPTER FOUR: POWERS OF THE FEDERAL AUTHORITIES
Article (106): The federal authority will maintain the unity of Iraq, its integrity, independence, sovereignty and its democratic federal system.
Article (107): The federal authorities will have the following exclusive powers:
1st _ drawing up foreign policy, diplomatic representation, negotiating international accords and agreements, negotiating and signing debt agreements, drawing up foreign sovereign economic and trade policies.
2nd _ drawing up and executing national defense policy including setting up and operating the armed forces to ensure the protection and security of Iraq's borders and its defense.
3rd _ drawing up financial and customs policy, issuing currency, organizing trade policy among regions and provinces in Iraq, setting the general budget for the nation, drawing up currency policies and establishing and administering a central bank.
4th _ organizing issues of weights and measures.
5th _ organizing issues of nationality and naturalization, residence and asylum rights.
6th _ organizing a policy of broadcast wavelengths and the mail.
7th _ setting the general and investment budgets.
8th _ planning policies connected to water resources from outside Iraq and guaranteeing levels of water flow into Iraq according to international law and custom.
9th _ conducting the general census of the population.
Article (108): Oil and gas is the property of all the Iraqi people in all the regions and provinces.
Article (109):
1st _ The federal government will administer oil and gas extracted from current fields in cooperation with the governments of the producing regions and provinces on condition that the revenues will be distributed fairly in a manner compatible with the demographical distribution all over the country. A quota should be defined for a specified time for (affected) regions that were deprived in an unfair way by the former regime or later on, in a way to ensure balanced development in different parts of the country. This should be regulated by law.
2nd _ The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment.
Article (110): The following duties will be shared by the federal and regional authorities:
1st _ administering customs, in coordination with the regional (governments and the provinces that didn't make it into a region), and this will be regulated by law.
2nd _ organizing and distributing the main electrical power resources.
3rd _ drawing up environmental policy to guarantee the protection of the environment from pollution and the preservation of its cleanliness, in cooperation with the regions (and the provinces that didn't make it into a region).
4th _ drawing up general planning and development policies.
5th _ drawing up general health policy, in cooperation with the regions (and the provinces that didn't make it into a region.)
6th _ drawing up general education and childbearing policy, in consultation with the regions (and the provinces that didn't make it into a region.)
7th _ drawing up the general water resources policy and organizing it in a way that would guarantee fair distribution and this will be regulated by law.)
Article (111): All that is not written in the exclusive powers of the federal authorities is in the authority of the regions (and the provinces that didn't make it into a region.) In other powers shared between the federal government and the regions, the priority will be given to the region's law in case of dispute.
CHAPTER FIVE: AUTHORITIES OF THE REGIONS
PART ONE: REGIONS
Article (112): The federal system in the republic of Iraq is made up of the capital, regions, decentralized provinces and local administrations.
Article (113):
1st _ This constitution, when implemented, shall endorse the region of Kurdistan and its existing power as a federal region.
2nd _ This constitution shall endorse the new regions that will be established according to the provisions of the constitution.
Article (114): The Council of Representatives shall pass a law that fixes the executive procedures relating to establishing regions by simple majority in a period that does not exceed six months from the date of the first session.
Article (115): Every province or more has the right to establish a region based on a request for a referendum to be submitted in one of the following ways:
1st _ A request from one-third of the members in each of the provincial councils in the provinces that wish to establish a region.
2nd _ A request from one-tenth of the voters in each of the provinces that wish to establish a region.
Article (116):
The region writes a constitution for itself, defines the structure of the region's powers and its authorities as well as the mechanism of using these powers in a way that does not run contrary to the constitution.)
Article (117):
1st _ The governments of regions have the right to practice legislative, executive and judicial powers according to this constitution, except in what is listed as exclusive powers of the federal authorities.
2nd _ The regional authority has the right to amend the implementation of the federal law in the region in the case of a contradiction between the federal and regional laws in matters that do not pertain to the exclusive powers of the federal authorities.
3rd _ A fair share of the revenues collected federally is designated to regions, in a way that suffices their duties and (responsibilities), taking into consideration the (region's) resources, needs and (the percentage of the population in it.)
4th _ Offices for regions and provinces are to be established in embassies and diplomatic missions to follow up on cultural, social and local development affairs.
5th _ The regional government shall be in charge of all that's required for administering the region, especially establishing and regulating internal security forces for the region such as police, security and guards for the region.)
PART TWO: PROVINCES NOT ORGANIZED INTO A REGION
Article (118):
1st _ Provinces consist of districts, counties and villages.
2nd _ Provinces that were not included into a region are given extensive administrative and financial authorities to enable them to (manage their affairs) according to the principal of administrative decentralization, and this is regulated by law.
3rd _ The provincial governor, who is elected by the provincial council, is considered the highest executive president of the province to carry out the responsibilities designated to him by the council.
4th _ The election of the provincial council, the governor and their authorities will be regulated by law.
5th _ The provincial council is not subject to the domination or the supervision of any ministry or any party unrelated to a ministry, and it has its independent finances.
Article (119): It is permissible to delegate the federal government's authorities to the provinces or vice versa, with the two parties' approval, and this is regulated by law.
(PART THREE: THE CAPITAL)
Article (120): Baghdad with its administrative boundaries is the capital of the republic of Iraq, and it consists of the province of Baghdad with its administrative boundaries, and its status is regulated through a law (and it is not permissible for the capital to join a region.)
PART FOUR: LOCAL ADMINISTRATIONS
Article (121): This (constitution) guarantees the administrative, political, cultural, educational rights for the various ethnicities such as Turkomen, Chaldeans, Assyrians, and the other components, and this is regulated by law.
© 2005 The Associated Press
|
|
