Iraqi Constitution: Suspended Points that Political Leaders Sea

8/9/2005 7:59:31 AM

Baghdad – A member of the constitution drafting committee has announced that there are 18 suspended points in the Iraqi constitution draft, which the leaders of constitutional blocs and political parties are currently working on solving them.

Dr. Monzer Al Fadhl, a legal expert and an Arab member in the Kurdistani Alliance Slate, pointed out the suspended points, which hinder finishing the constitution draft to be submitted to the National Assembly on the 15th of this month, pursuant to the state administration code for the interim period, and the submitted alternatives for each of them, as follows:

1. The name of Iraq (five alternatives)

  • Republic of Federal Iraq
  • Iraqi federal Republic
  • Iraqi Federal Islamic Republic
  • Iraqi Republic
  • Republic of Iraq

2. Religion (three alternatives)

  • "Islam is the religion of the state, and is one of the legislation sources. It is impermissible to legislate a law in the state administration code, which contradicts with its agreed upon constants."
  • "Islam is a main source for legislation. It is impermissible to draft laws that contradict with Islam."
  • "Islam is the main source of legislation. It is impermissible to draft a law that contradicts with its constants and agreed upon rules. This constitution protects the Islamic identity of most of Iraqi people, with its Shiite majority and Sunnis."

3. Constituents of Iraqi people

  • "Iraqi people consist of two major races; Arab and Kurd, in addition to Turkmani, Chaldean, Assyrian, Suryani, Shabak, Persian, in addition to Yezidis and Sabaen Mandaen."
  • "The Iraqi people consist of several races, religions and sects" without going into details.

4. The language (two alternatives)

  • "The Arabic and Kurdish languages are the two formal languages in Iraq, in accordance with what is stated in the state administration code."
  • "The Arabic language is the official language in the Iraqi state. The Kurdish language would be an official language, side by side with the Arabic language, in Kurdistan region and the federal government."

5. Iraqi Identity (five alternatives)

  • 'Iraqi identity would not be stated."
  • "Iraq is a state with a diverse identity. The Arab people are an inseparable part of the Arab Nation."
  • "The Iraqi state is a founding member of the Arab League and the Organization of the Islamic Conference (OIC) ".
  • "The Iraqi state is a part of the Arab and Islamic worlds."
  • "The Iraqi state is a part of its Arab and Islamic surroundings."

6. The reference (two alternatives)

  • The reference would not be stated in the constitution. – "The religious reference enjoys its independence and guiding status, for its being a supreme national and religious symbol."

7. Sacred thresholds (two opinions)

  • Not stating them
  • "The sacred thresholds in the Iraqi state have a legal identity, for their religious and civilization entity. The state should stress their sanctity, protect this sanctity and guarantee the free practice of rituals in them."

8. Republic president: To have two deputies, one deputy, or no deputies

9. Ministers: "Ministers should be members of the Iraqi National Assembly (Parliament), or "from outside the National Assembly. It is impermissible to combine between the membership of the ministers' council and the National Assembly."

10. Natural resources (three pinions)

  • "Natural resources are a property of the region, which administers it, and submits a quota to the federal state."
  • "Natural resources are a property of the people. The federal state runs them and designates a quota for the region, where these resources are found."
  • "The state administers the natural resources, in coordination with the region. A portion of them is designated for the region."

11. Personal Affairs: (two choices)

  • 'A unified law for personal affairs all over Iraq, excluding the followers of other religions."
  • "Followers of each religion or sect are free to adhere to their religious or sectarian beliefs, with regard to their personal affairs. This is regulated through a law."

12. Optional federation and the right to decide on destiny:

  • There are two alternatives; the first stresses stating that in the constitution, while the second believes in the necessity of "stressing the unity of Iraqi land and people.

13. The president:

  • "He is the supreme executive official. He represents Iraqi government in international gatherings" or "the Prime Minister is the supreme executive official. He represents Iraqi government in international gatherings."

14. Dual Nationality

  • "permissibility of dual nationality"
  • "impermissibility of dual nationality"
  • "impermissibility of dual nationality for those who are occupying supreme positions in state institutions"

15. Kirkuk City

  • "A time limit should be set for the remaining normalization procedures and the final solution" in the city.
  • "No time limit should be set"

16. Borders of Kurdistan region

  • Two opinions; the first calls for specifying them, and the other says that they can not be specified.

17. The Parliament

  • Creation of "the National Assembly and the region council", or "only creating the National Assembly".

18. The State Administration Code

  • "Halting the application of the state administration code after the approval of the constitution, on behalf of the people" or "halting the application of this code on the first meeting of the elected national assembly, pursuant to the constitution."