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WEEKLY NEWSLETTER
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Iraq
Index
Figure 11. Government Organization, 1988
The Provisional Constitution of July 16, 1970, upon which
Iraq's governmental system was based in 1988, proclaims Iraq to
be "a sovereign people's democratic republic" dedicated to the
ultimate realization of a single Arab state and to the
establishment of a socialist system. Islam is declared to be the
state religion, but freedom of religion and of religious
practices is guaranteed. Iraq is said to be formed of two
principal nationalities, Arab and Kurd. A March 1974 amendment to
the Constitution provides for autonomy for the Kurds in the
region where they constitute a majority of the population. In
this
Autonomous Region (see Glossary)
both Arabic and Kurdish are
designated as official languages for administrative and
educational purposes. The Constitution also prescribes, however,
that the "national rights" of the Kurds as well as the
"legitimate rights" of all minorities are to be exercised only
within the framework of Iraqi unity, and the document stipulates
that no part of Iraq can be relinquished.
The Constitution sets forth two basic aims, the establishment
of a socialist system based on "scientific and revolutionary
principles," and pan-Arab economic unity. The state is given an
active role in "planning, directing, and guiding" the economy.
National resources and the principal means of production are
defined as "the property of the people" to be exploited by the
state "directly in accordance with the requirements of the
general planning of the national economy." The Constitution
describes public properties and the properties of the public
sector as inviolable.
The Constitution classifies the ownership of property as "a
social function that shall be exercised within the limits of
society's aims and the state's programs in accordance with the
provisions of the law"; nevertheless, the Constitution also
guarantees private ownership and individual economic freedom
"within the limits of the law, provided that individual ownership
will not contradict or be detrimental to general economic
planning." The Constitution stipulates that private property may
not be expropriated except for the public interest and then only
with just compensation. The size of private agricultural land
holdings is to be defined by law, and the excess is to be
regarded as the property of the people. The Constitution also
bars foreign ownership of real estate, although individuals may
be granted a legal exemption from this prohibition.
Articles 19 through 36 of the Constitution spell out
fundamental rights and duties in detail. The right to fair trial
through due process, the inviolability of person and of
residence, the privacy of correspondence, and the freedom to
travel are guaranteed to all citizens. The Constitution also
assures citizens of their right to religious freedom; to the
freedom of speech, of publication, and of assembly; and to the
freedom to form political parties, trade unions, and professional
societies. The Constitution directs the state to eliminate
illiteracy and to ensure the right of citizens to free education
from elementary school through the university level. According to
Article 28, the aims of education include instilling opposition
to "the doctrines of capitalism, exploitation, reaction, Zionism,
and colonialism" in order to ensure the achievement of the
Baathist goals of Arab unity, freedom, and socialism. The
Constitution also requires the state to provide every citizen
with employment and with free medical care.
The Constitution defines the powers and the functions of the
different government institutions. These include the RCC, the
National Assembly, the presidency, the Council of Ministers, or
cabinet, and the judiciary
(see
fig. 11). According to Article
37, the RCC "is the supreme body in the State." Article 43
assigns to the RCC, by a vote of two-thirds of its members,
authority to promulgate laws and regulations, to deal with
national security, to declare war and conclude peace, and to
approve the government's budget. Article 38 stipulates that all
newly elected members of the RCC must be members of the Baath
Party Regional Command. The Constitution also provides for an
appointed Council of Ministers that has responsibility for
carrying out the executive decisions of the RCC.
The chief executive of the RCC is the president, who serves
as the commander in chief of the armed forces and as the head of
both the government and the state. The powers of the president,
according to the Constitution, include appointing, promoting, and
dismissing personnel of the judiciary, civil service, and
military. The president also has responsibility for preparing and
approving the budget. The first president, Ahmad Hasan al Bakr,
was in office from 1968 to 1979, when he resigned and was
succeeded by Saddam Husayn.
Articles 47 through 56 of the Constitution provide for an
elected National Assembly, but its powers are to be defined by
the RCC. Elections for the Assembly took place for the first time
in June 1980. Subsequent National assembly elections were held in
October 1984.
The Constitution can be amended only by a two-thirds majority
vote of the RCC. Although the 1970 Constitution is officially
designated as provisional, it is to remain in force until a
permanent constitution is promulgated.
Data as of May 1988
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