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Excerpts from the Kurdistan Region’s
constitution
30.6.2009
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June
30, 2009
ERBIL-Hewlêr,
Kurdistan region 'Iraq', — Last Wednesday, the
parliament of the Kurdistan region
approved the
regional constitution with a majority vote, and is
planning to hold a referendum on it on 25 July
parallel with the presidential and parliamentary
elections.
The first draft of Kurdistan regional constitution
was written in 1992.
After the fall of the Iraqi regime in 2003, the
parliament of Kurdistan region formed a committee to
prepare the Kurdistan regional constitution in light
of the new situation in the region and the emergence
of the new Iraqi constitution.
The committee accomplished its mission in August
2006 by drafting 160 articles.
On 22 June,www.ekurd.net
the Kurdish regional
parliament revealed the final draft of the
constitution which differed from the previous one in
terms of the preamble and the number of articles.
The new draft is comprised of 122 articles.
The political system of Kurdistan region is
parliamentary, republican and democratic, according
to the article 1 of the constitution.
The geographic boundary of the Kurdistan Region
covers a number of towns and disputed areas in Mosul
and Diyala provinces in addition to Erbil,
Sulaimaniyah, Kirkuk and Duhok.
But the political boundary of the region will be
defined according to the implementation of article
140 of the Iraqi constitution, article 2 of the new
Kurdistan regional constitution states.
Islam is the main religion of the region, the
constitution acknowledges in article 6, and the
Islamic Sharia is a main source of lawmaking.
There can not be a law which is at odds with the
unchangeable rules of Islam.
The constitution also recognizes the full rights of
the Christians, Yazidees and other communities and
guarantees freedom of belief for everybody.
However, the constitution does not accept any law
which is contrary to the principles of democracy.
According to article 8 of the constitution, the
international agreements entered into by Baghdad
which relate to the Kurdistan Region will only be
implemented if the majority of Kurdish MPs vote for
it.
The constitution also permits the Kurdistan Region
to sign agreements with other countries or regions
which will later be proposed to the federal
government for approval. If the federal government
does not approve them for some constitutional or
legal reasons,www.ekurd.net
the details of which are
not defined, then they will not be implemented.
Kurdish and Arabic languages are the official
languages in the region, while the Turkmen and
Syriac languages will be considered official in
areas where they are spoken by the majority of the
residents.
Other significant issues to which the constitution
has dedicated considerable attention are security,
personal freedoms, arrests, trials, unofficial
courts and media freedom.
According to the constitution everyone enjoys the
right of protection. Any confession which is
extracted under torture or threat will not be
considered. No one can be arrested or jailed or
their houses be searched or be watched, without an
arrest warrant.
Civilians cannot be tired in military courts, and
illegal jails are forbidden.
Forming special or extraordinary courts in the
Kurdistan Region is forbidden, article 84 of the
constitution states.
Independent media and bold journalism are allowed
provided they don’t offend religious sanctities and
otherwise cause hurt or insult to others.
The right of establishing new parties, groups and
unions plus the right to hold meetings and to stage
protests is secured in the constitution.
According to articles 60 to 65 of the constitution,
the president of the Kurdistan Region is the
commander of the Peshmarga forces and is elected
through universal suffrage.
His term of office lasts 4 years, and he can run for
a second term as well.
The president of the Kurdistan Region has the
following powers: proposing bills and decisions to
parliament; issuing presidential decrees to disband
parliament in cases mentioned in the constitution;
declaring an extraordinary state or a state of
emergency after consultation with the parliament
speaker and head of the ministerial council in case
of war, invasion, rebellion, natural disasters and
the spread of epidemics.
The judicial power is independent. Judges and
members of the prosecuting staff can not hold
membership of political parties.
Some 20 articles and clauses of the constitution
will be worked out in greater detail through
subsequent legislation, including the structure and
duties of Peshmarga forces (article 12),www.ekurd.net
the right of autonomy
for the communities (article 35), the way of
electing the president of the Kurdistan Region
(article 65) establishing the constitutional court
of the Kurdistan Region (article 91) plus the duties
and characteristics of the security council of the
Kurdistan Region (article 109).
Copyright, respective
author or news agency,
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