Isabella Carter
Iraq's constitution has undergone several changes since the country's first parliament met in 1925. The Iraqi constitution of 1925 established a constitutional monarchy with a bicameral legislature consisting of an elected House of Representatives and an appointed Senate. However, following the overthrow of the monarchy in 1958, Iraq was ruled by a series of dictatorships until the US invasion in 2003. In 2005, parliamentary elections were held to elect a new National Assembly, which was tasked with drafting a new constitution. The constitution-making process was marked by violence and boycotts by major Arab Sunni parties, resulting in minimal Arab Sunni representation in the assembly. The 2005 Constitution includes provisions for basic freedoms, such as freedom of religion, speech, and assembly, and guarantees the rights of various ethnic groups within Iraq. In recent years, there have been calls for political reform and a more open electoral system, leading to the adoption of a new electoral law in 2020. This law introduced significant changes, such as increasing the number of electoral districts and lowering the minimum age for candidates, but it remains to be seen if it will address public frustrations and lead to meaningful change.
| Characteristics | Values |
|---|---|
| Year | 2005 |
| Type | Constitution |
| Federal powers | Legislative, executive, and judicial powers |
| Legislative power | Council of Representatives and Federation Council |
| Council of Representatives | One seat per 100,000 Iraqi persons |
| Election process | Direct secret general ballot |
| Capital | Baghdad |
| Presidency Council | Powers of the President of the Republic |
| Prime Minister | Two deputies in the first electoral term |
| Referendum | Required in Kirkuk and other disputed territories |
| Fundamental principles | Cannot be amended without two successive electoral terms |
| Rights and liberties | Cannot be amended without approval of two-thirds of Council of Representatives |
| Freedom of | Religion, speech, and assembly |
| Suffrage | Manhood suffrage (women did not vote) |
| First Parliament | 1925 |
| General elections | 10 |
| Dictatorships | Multiple |
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What You'll Learn
Iraq's 2005 Constitution
The 2005 Constitution includes provisions for basic freedoms such as freedom of religion, speech, and assembly, and is considered by some to be more progressive than the American Constitution. It establishes a federal system with legislative, executive, and judicial branches, and outlines the roles of the President, Prime Minister, and Council of Representatives. The Constitution also guarantees the rights of various ethnic groups within Iraq, such as the Turkomen, Chaldeans, and Assyrians.
One controversial aspect of the 2005 Constitution is its statement that laws in effect at the time of the transfer of sovereignty could not be repealed. This allowed for the continued presence of coalition troops, despite the transfer of sovereignty to the Iraqi government. Additionally, the Constitution has been criticised for its lack of clarity, with ambiguous terms that were left to be resolved by future political processes.
The 2005 Constitution also provided the framework for Iraq's electoral system, which has undergone several changes since its implementation. The most recent electoral law, passed in 2020, departs significantly from previous laws by dividing Iraq into 83 electoral districts based on the number of quota seats for women in parliament. This new law aims to address calls for greater transparency and to counter sectarian divisions of power.
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Women's rights
The status of women in Iraq has been influenced by various factors, including wars, Islamic law, cultural traditions, and secularism. While Iraqi women have historically had more rights and freedoms compared to women in other Middle Eastern countries, there are still challenges and areas for improvement.
In the 1920s and 1930s, upper-class women in Iraq entered the country's job market, and the Ba'ath regime that came to power in 1963 contributed to women's liberation. The Iraqi Constitution of 1970, also known as the Iraqi Provisional Constitution, played a significant role in guaranteeing women's rights. Article 19 of this constitution granted all Iraqi citizens equality before the law, regardless of gender, and the General Foundation of Iraqi Women (GFIW) of 1972 further promoted women's equal rights in various spheres. In 1980, women gained the right to vote and run for political office, and they made up 40% of the nation's workforce in the early 1980s. Additionally, the Unified Labor Code called for equal pay, benefits, and promotions for both men and women.
However, there have also been setbacks and opposition to women's rights. After the fall of Saddam Hussein's regime in 2003, there was an increase in threats and harassment of women who chose not to wear the hijab, which became more common in Iraq. The US-led military occupation of Iraq in 2003 brought political instability and insecurity, and the subsequent formation of a new assembly in 2005 led to the drafting of a new constitution. This new constitution, while proclaiming equality for all Iraqis regardless of gender, has been criticised for its vague language regarding women's rights, allowing the government to deprive women of their rights in practice.
The 2004 interim constitution guaranteed women equal rights and a 25% representation in the National Assembly. However, this quota has been challenging to achieve due to factors such as "family voting," where the male head of the household decides how the family votes. Additionally, there are concerns about proposed amendments to the Personal Status Law, which could result in a rollback of women's rights and negatively impact Iraq's reputation and foreign assistance.
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The Council of Representatives
In 2005, the Council of Representatives was elected to write a new constitution and exercise legislative functions until the new constitution came into effect. The Council's first session was held on 16 March 2006, with the first substantive session taking place on 22 April 2006. The Council's work is underpinned by the Iraqi Constitution, which includes basic freedoms such as freedom of religion, speech, and assembly.
In 2019, the Iraqi parliament approved a new electoral law following demonstrations calling for fundamental political change. The new law, ratified in 2020, divides Iraq into 83 electoral districts, based on the number of quota seats set aside for women in parliament. This law represents a significant departure from previous laws, which had adopted a single electoral district or designated each governorate as a single district.
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The Presidency Council
The 2005 Iraqi Constitution outlines the role of the Presidency Council, which is to exercise the powers of the President of the Republic. The Council of Representatives elects the President of the State and two Vice Presidents, who together form the Presidency Council. This council is elected by a two-thirds majority and is subject to the same removal provisions as the President of the Republic.
The 2005 Constitution was drafted by the National Assembly, which was formed following the January 2005 parliamentary elections. The United Iraqi Alliance, backed by the Shia Muslim community, won a majority of seats, while the Democratic Patriotic Alliance of Kurdistan came in second. The National Assembly was tasked with writing a new constitution and exercising legislative functions until the new constitution came into effect.
The 2005 Constitution guarantees the rights of various nationalities, such as the Turkomen, Chaldeans, and Assyrians, and provides for a federal system of government. It also includes basic freedoms, such as freedom of religion, speech, and assembly, and is perceived by some as more progressive than the American Constitution.
However, the constitution has been criticised for sacrificing clarity for consensus, addressing major disputes in ambiguous terms. Additionally, it states that laws in effect on the transfer date cannot be repealed, which has been controversial as it allowed for the continued presence of coalition troops in the country.
In 2019, the Iraqi parliament approved a new electoral law following demonstrations calling for political change. This new law increased the number of electoral districts and adopted individual nomination procedures for candidates, addressing calls for a more open and transparent system. The law also lowered the minimum age for standing as a candidate from 30 to 28, in an attempt to appeal to young people in Iraq.
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The Kurdish Regional Government
The KRG's push for independence is based on their claim to self-government guaranteed by the Iraqi constitution. The constitution also recognises the KRG's claims to continued self-governance in the Kurdistan Region. However, the ambiguous nature of the constitution, a result of heated negotiations, has contributed to the conflict.
The KRG's decision to hold a referendum on independence was met with resistance from the Iraqi government, which considered it an "explicit response" to their military campaign. The referendum further complicated the already tense relationship between the two governments, leading to an escalation of violence and political tensions.
To achieve enduring reconciliation, both the Iraqi government and the KRG must reach a political agreement that addresses the underlying issues of the conflict while adhering to the Iraqi constitution. This includes conducting a census and referendum, which have been mandated by the constitution but repeatedly delayed due to concerns about fairness and the potential for sectarian conflict.
The international community has a crucial role to play in facilitating this reconciliation process. Their engagement is necessary to ensure that the provisions of the Iraqi constitution, such as the protection of Kurdish rights and the recognition of their claims, are upheld by both parties. Additionally, the Kurdish community has been actively involved in Iraqi politics, with Kurdish leaders and parties holding significant positions and representation in the National Assembly and government.
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Frequently asked questions
The Iraqi Constitution is the supreme law of Iraq, outlining the country's fundamental laws and principles. It was written in 2005 by the National Assembly, which was formed following the January 2005 parliamentary elections.
The Iraqi Constitution guarantees basic freedoms, including freedom of religion, speech, and assembly. It also ensures the administrative, political, cultural, and educational rights of various nationalities within Iraq, such as the Turkomen, Chaldeans, and Assyrians. Additionally, it establishes a federal system with a separation of powers between the legislative, executive, and judicial branches.
In 2020, Iraq introduced a new electoral law that departed from previous laws by dividing the country into 83 electoral districts, each with multiple seats. This change aimed to increase representation and address calls for greater transparency and countering sectarian divisions. The law also lowered the minimum age for candidates from 30 to 28 and guaranteed a minimum of 25% of seats for women.
The previous electoral system in Iraq was criticized for favoring large and medium-sized political parties and coalitions, making it difficult for independent candidates and smaller parties to gain representation. There were also concerns about vote wastage, with a significant proportion of votes not contributing to the election of any representative.
