THE WEEKLY GAZETTE OF THE REPUBLIC OF IRAQ - INTERIM CONSTITUTION OF THE REPUBLIC OF IRAQ

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP09T00207R001000100002-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 22, 2016
• Document Release Date: September 23, 2011
• Sequence Number: 2
• Content Type: REGULATION

Approved For Release 2011/09/23: CIA-RDP09TOO207RO01000100002-2
NO. 4.
The Weekly. Gazette of the
Republic of Iraq
Issued by the Ministry of
Cuidance- Baghdad
Annual Subscription
I.D. 6/000 in Baghdad and
I.D. 6600 in the Provinces
and Abroad
Aerial
No.
C(~''~vV b( 1
Wednesday 26th Moharram,
1378 and the 13th August,
1958.
No. of
Notifica-
tion.
Office of
Origin
1. Interim Constitution of the Republic of Iraq. ... 2 C.M. 37
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WHEREAS the National Move undertaken by the Iraqi Army on the 14th of July
with the co - operation and support of the people aims at establishing the sovereignty of
the people, and endeavour to guard against its violation and at ensuring and safeguarding
the rights of citizens and whereas the previous regime in the country which has been
rejected was supported by political corruption; as power was seized by individuals who
ruled the country against the will of the majority and against the interests of the people,
since the objective of that rule was the satisfaction of those individuals`and to ensure the
interests of colonialism and the implementation of its desires as was set down in the first
proclamation to the people on the 14th of July .1958 at the inception of the National move
and which incorporated the downfall of the Monarchy and the setting up of the Iraqi
Republic.
We therefore in the name of the people hereby declare the annulement of the Iraqi
Constitution and all its amendments as from July 14, 1958. And in order to establish the
basis for Government and to regulate the rights and duties for all the citizens, we hereby
proclaim this provisional Constitution to remain in force during the transitional period
until such time as a permanent constitution is adopted.
CHAPTER I
THE REPIT13LIC OF 'IRAQ
Article 1.-The state of Iraq is an independent sovereign Republic.
Article 2.-Iraq is an integral part of the Arab Nation.
Article 3.-The structure of Iraq stands on a basis of mutual co - operation among all
its citizens and respect of their rights and protection of their liberty.
Arabs and Kurds are considered partners in this Nation and their national
rights within the unity of Iraq are recognized by this constitution.
Article 4.-Islam is the Religion of the State.
Article 5.-The Capital of the Republic is Baghdad.
Article 6.-The Iraqi Flag and the National Emblem of the Republic and all matters
relating to them shall be determined by Law.
CHAPTER II
SOURCE OF POWERS, PUBLIC RIGHTS AND DUTIES.
Article 7.-The people are the source of all powers.
Article 8.-Iraqi Nationality is determined by law.
Article 9.-Citizens are equal before the law in their public rights and obligations and
there shall he no distinction between them by reasons of race, origin,
language, religion or belief.
Article 10.-Freedom of thought and expression are guaranteed and shall be regulated
by law.
Article 11.-Freedom of the individual and the inviolability of the home are safeguarded
and shall not'be violated except according to the requirements of public safety.
These principles shall be regulated by law.
Article 12.-Freedom of religious are safeguarded and religious rites shall be respected
provided that they do not violate public order or are contrary to public
morals.
Article 13.-Private property is safeguarded. Its social role, is to be regulated by law
and it shall not be seized except for the public interest and against fair
compensation according to the law.
Article 14.-(a) Agricultural ownership shall be limited and regulated by law.
(b) Title to agricultural property shall be preserved according to existing
laws until new laws are enacted and provisions made for their
implementation.
Article 15.-No tax rate or duty shall he imposed, nor amendments or cancellation there-
of shall he made except by law.
,Article l6.-National defence is a sacred duty and military service is a source of pride
for citizens. This is to be regulated by Law.
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Article 17.-Military forces in the Republic of Iraq are the property of the people and its
function is the safeguard of the sovereignty of the country and the defence
of its territory.
Article 18.-The State alone may establish Armed Forces and no organization or group
may set up military or para military establishments.
Article 19.-Persons enjoying Political Assylum shall not be handed over to their country
CHAPTER III
FORM OF GOVERNMENT.
Article 20.-Presidency of the Republic is vested in a "Presidential Council" consisting
of a President and two Members.
Article 21.-Legislative Powers are exercised by the Council of Ministers subject to the
approval of the Presidential Council.
Article 22.-Tbe Council of Ministers and the Ministers each according to his function
shall exercise the executive authority.
Article 23.-Judges are independent, and within their judicial duties. They are subject
to no authority save that of the Law. No authority or individual shall violate
the independence of the judiciary or judicial affairs. The Organization of
the Judiciary shall be regulated by Law.
Article 24.-Meetings of the courts shall be open unless otherwise decided by the court
for reasons of public order or morals.
Article 25.-Court decisions and their execution are made in the name of the people.
Article 26.-Laws shall be published in the Official Gazette and are to be in force as from
the date of such publication unless otherwise indicated in them. If no date
of their coming into force is indicated in them, they shall be effective after
the lapse of ten days from the date of their official publication.
CHAPTER IV
PROVISIONAL RULES
Article 27.-Al.l decisions, orders, proclamations and regulations by the Commander-in-
Chief of the armed forces or the Prime Minister or the Presidential Council
in the Interim period from July 14, 1958 until the coming into
force of this provisional Constitution shall have the force of Law, whenever
there appears to be variation between these and the existing laws and
regulation then in force the latter shall be considered amended by the
former.
Article 28.'All laws and regulations in force prior to July 14th, 1958 shall continue
to be in force. These laws and regulations may however be abrogated or
amended as provided in this provisional Constitution.
Article 29.-This provisional Constitution shall come into force from its date of
publication in the Official Gazette.
The Minister of the State shall enforce this Constitution.
Done at Baghdad on the Ninth of Muharram Al-Haram 1378 of the TTijra Corres-
ponding to the Twenty-seventh day of July, 1958 of the Christian ETa.
Lieutenant General
MOHAMMED JAJIB AL-RUBAI,
President of the Presidential Council.
MOHAMMED MARDI KUBBA, KHALID AL-NAQSHABANDI,
Member. Member.
Staff Brig. Staff Col.
ABDUL KARIM QASSEM, ABDUL SALAM MOHAMMED ARIF,
Prime Minister and Deputy Prime Minister,
Commander of the Armed Minister of Interior & Asst.
Forces. Commander - in - chief of the Armed
Forces.
Dr. ABDUL JABBAR Al-JOMARD, MOHAMMED HADID,
Minister for Foreign Affairs. Minister of Finance.
BABA ALI, MUSTAFA ALT,
Minister of" Coms. & Works. Minister of Justice.
MOHAMMED SIDDIQ SHANSHAL FTTAD AT.-RIKABI,
Minister of Guidance. Minister of Development.
DR. IBRAHIM KUBBA, NA.TI TALIB
Minister of Economics. Minister of Social Affairs.
HUDAIB AL-HAJ MAHMOUD, Dr. MOHAMMED SALITI MATIM()i D,
Minister of Agriculture. Minister of Health.
Dr. JABIR OMAR,
Minister of Education.
( Published in the Waqayi' al - Traqiya No. 2 of 28/7/1958 ).
of origin.
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