www.cpa-iraq.org/government/TAL.html
LAW OF ADMINISTRATION FOR THE STATE OF IRAQ FOR THE TRANSITIONAL PERIOD 8 March 2004 PREAMBLE The people of Iraq, striving to reclaim their freedom, which was usurped by the previous tyrannical regime, rejecting violence and coercion in al l their forms, and particularly when used as instruments of governance, have determined that they shall hereafter remain a free people governed under the rule of law. These people, affirming today their respect for international law, especi ally having been amongst the founders of the United Nations, working to reclaim their legitimate place among nations, have endeavored at the sam e time to preserve the unity of their homeland in a spirit of fraternity and solidarity in order to draw the features of the future new Iraq, an d to establish the mechanisms aiming, amongst other aims, to erase the e ffects of racist and sectarian policies and practices. This Law is now established to govern the affairs of Iraq during the tran sitional period until a duly elected government, operating under a perma nent and legitimate constitution achieving full democracy, shall come in to being. CHAPTER ONE FUNDAMENTAL PRINCIPLES Article 1 This Law shall be called the Law of Administration for the State of Iraq for the Transitional Period, and the phrase this Law wherever i t appears in this legislation shall mean the Law of Administration for t he State of Iraq for the Transitional Period. Gender-specific language shall apply equally to male and female . The Preamble to this Law is an integral part of this Law. Article 2 The term transitional period shall refer to the period beginnin g on 30 June 2004 and lasting until the formation of an elected Iraqi go vernment pursuant to a permanent constitution as set forth in this Law, which in any case shall be no later than 31 December 2005, unless the pr ovisions of Article 61 are applied. The first phase shall begin with the formation of a fully sove reign Iraqi Interim Government that takes power on 30 June 2004. This g overnment shall be constituted in accordance with a process of extensive deliberations and consultations with cross-sections of the Iraqi people conducted by the Governing Council and the Coalition Provisional Author ity and possibly in consultation with the United Nations. This governme nt shall exercise authority in accordance with this Law, including the f undamental principles and rights specified herein, and with an annex tha t shall be agreed upon and issued before the beginning of the transition al period and that shall be an integral part of this Law. The second phase shall begin after the formation of the Iraqi Transitional Government, which will take place after elections for the N ational Assembly have been held as stipulated in this Law, provided that , if possible, these elections are not delayed beyond 31 December 2004, and, in any event, beyond 31 January 2005. This second phase shall end upon the formation of an Iraqi government pursuant to a permanent consti tution. Article 3 This Law is the Supreme Law of the land and shall be binding in all parts of Iraq without exception. No amendment to this Law may be m ade except by a three-fourths majority of the members of the National As sembly and the unanimous approval of the Presidency Council. Likewise, no amendment may be made that could abridge in any way the rights of the Iraqi people cited in Chapter Two; extend the transitional period beyon d the timeframe cited in this Law; or affect Islam, or any other religions or sects and their rites. Any legal provision that conflicts with this Law is null and vo id. This Law shall cease to have effect upon the formation of an el ected government pursuant to a permanent constitution. Article 4 The system of government in Iraq shall be republican, federal , democratic, and pluralistic, and powers shall be shared between the fe deral government and the regional governments, governorates, municipalit ies, and local administrations. The federal system shall be based upon geographic and historical realities and the separation of powers, and no t upon origin, race, ethnicity, nationality, or confession. Article 5 The Iraqi Armed Forces shall be subject to the civilian contr ol of the Iraqi Transitional Government, in accordance with the contents of Chapters Three and Five of this Law. Article 6 The Iraqi Transitional Government shall take effective steps to end the vestiges of the oppressive acts of the previous regime arisin g from forced displacement, deprivation of citizenship, expropriation of financial assets and property, and dismissal from government employment for political, racial, or sectarian reasons. Article 7 A) Islam is the official religion of the State and is to be conside red a source of legislation. No law that contradicts the universally ag reed tenets of Islam, the principles of democracy, or the rights cited i n Chapter Two of this Law may be enacted during the transitional period. This Law respects the Islamic identity of the majority of the Iraqi pe ople and guarantees the full religious rights of all individuals to free dom of religious belief and practice. Iraq is a country of many nationalities, and the Arab people in Iraq are an inseparable part of the Arab nation. Article 8 The flag, anthem, and emblem of the State shall be fixed by l aw. Article 9 The Arabic language and the Kurdish language are the two offi cial languages of Iraq. The right of Iraqis to educate their children i n their mother tongue, such as Turcoman, Syriac, or Armenian, in governm ent educational institutions in accordance with educational guidelines, or in any other language in private educational institutions, shall be g uaranteed. The scope of the term official language and the means of app lying the provisions of this Article shall be defined by law and shall i nclude: Publication of the official gazette, in the two languages; Speech and expression in official settings, such as the Nationa l Assembly, the Council of Ministers, courts, and official conferences, in either of the two languages; Recognition and publication of official documents and correspo ndence in the two languages; Opening schools that teach in the two languages, in accordance with educational guidelines; Use of both languages in any other settings enjoined by the pr inciple of equality (such as bank notes, passports, and stamps); Use of both languages in the federal institutions and agencies in the Kurdistan region. As an expression of the free will and sovereignty of the Iraq i people, their representatives shall form the governmental structures o f the State of Iraq. The Iraqi Transitional Government and the governme nts of the regions, governorates, municipalities, and local administrati ons shall respect the rights of the Iraqi people, including those rights cited in this Chapter. Anyone who carries Iraqi nationality shall be deemed an Iraqi c itizen. His citizenship shall grant him all the rights and duties stipu lated in this Law and shall be the basis of his relation to the homeland and the State. No Iraqi may have his Iraqi citizenship withdrawn or be exiled unless he is a naturalized citizen who, in his application for citizensh ip, as established in a court of law, made material falsifications on th e basis of which citizenship was granted. Each Iraqi shall have the right to carry more than one citizens hip. Any Iraqi whose citizenship was withdrawn because he acquired anot her citizenship shall be deemed an Iraqi. Any Iraqi whose Iraqi citizenship was withdrawn for political, religious, racial, or sectarian reasons has the right to reclaim his Ira qi citizenship. Decision Number 666 (1980) of the dissolved Revolutionary Comma nd Council is annuled, and anyone whose citizenship was withdrawn on the basis of this decree shall be deemed an Iraqi. The National Assembly must issue laws pertaining to citizenship and naturalization consistent with the provisions of this Law The Courts shall examine all disputes airising from the applica tion of the provisions relating to citizenship. All Iraqis are equal in their rights without regard to gender, sect, opin ion, belief, nationality,...
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