After months of heated debate between Kurdish, Shia and Sunni Arabs, a draft constitution will go before the Iraqi people in a referendum on October 15. A majority of voters must pass the constitution for it to be implemented, and it will fail if it is rejected by two-thirds of voters in three provinces. The document consists of 139 articles broken up into six chapters, the most significant of which, including several last minute changes, are outlined and analysed below.

Political system
Article 1 describes Iraq as "a single, independent federal state with full sovereignty. Its system of government is republican, representative (parliamentary) and democratic", adding “this constitution is the guarantor of its unity”.

Sunni Arabs expressed concern over the inclusion of federalism, arguing that it may divide Iraq into an autonomous Kurdish region in the north and an independent Shia region in the south. Many Sunni leaders have insisted that Iraq remain united.

Government
Article 45 establishes a government with separate legislative, executive and judicial powers.

With this declaration and the emphasis on separation, Iraq is essentially adopting a traditional democratic and parliamentary government structure.

State and religion
Article 2 states that Islam is the official state religion, a main source of legislation and that the constitution guarantees the Islamic identity of the majority of the Iraqi people. It also declares that no law can contradict Islam, the principles of democracy or the basic human rights and freedoms stipulated in the constitution. It affirms that individuals have the right to their individual religious beliefs and practices.

Article 3 recognises Iraq’s diversity and notes that it is a member of the Arab League “and is committed to its covenant”. Iraq is described as part of the Islamic world.

Sunni Arabs wanted the constitution to state Iraq is part of the Arab nation. However, Kurds, the largest non-Arab ethnic group in Iraq, rejected this. Kurds did not oppose Iraq being named as part of the Islamic world.

Secularists, women and non-Muslims have also expressed concern over the provision that Islam is a fundamental source of legislation and that no law must contradict it. They have argued that this could pave the way for a state run by Islamic, or Sharia, law that may hinder women’s rights. Some secularists have also argued that laws cannot both serve Islam and democracy, raising the question as to whether the two are ever compatible.

Democracy
The constitution establishes democracy in Article 2, Item B, saying that no law can be enacted that contradicts democratic principles.

Democracy is also covered in Article 5, which declares the people "are the source of authorities and its legitimacy, which the people should exercise in a direct general secret ballot and through their constitutional institutions".

Article 6 says the transition of power will be carried out peacefully and through the democratic mechanisms stated in this constitution.

Official Language
Article 4 names Arabic and Kurdish as the two official languages of the state. Both are to be used in official speeches, on passports and in schools. It also recognises the right of Iraqis to educate children in government and private schools in other languages besides Kurdish and Arabic such as Turkmen, Syriac and Armenian. It stipulates that local governorates can adopt other official languages if approved by the people in a referendum. The article mandates that Kurdish and Arabic must be used in Kurdistan. Turkmen and Syriac can be used as official languages in administrative units where they comprise the majority of the population.

Kurds hoped they would be able to use only Kurdish in their governorates, but Arab leaders insisted that Kurdistan use Kurdish and Arabic to maintain unity.

Equality
According to Article 14, Iraqis "are equal before the law without discrimination based on gender, race, ethnicity, origin, colour, religion, creed, belief, opinion or economic and social status".

This article was drafted to be compatible with the International Declaration of Human Rights.

Women
Article 20 endorses the principle that both women and men can participate in public affairs, vote, elect and nominate candidates.

Article 18 allows Iraqi women to pass on Iraqi citizenship to their children.

Iraqis, particularly women and children, are guaranteed "social and health security", income and housing under Article 30.

Article 14 prohibits gender discrimination.

The fourth clause of Article 47 declares that the electoral law aims to have women hold not less than one-quarter of National Assembly seats.

Women’s activists are less concerned about the articles addressing women’s issues than they are about Article 2, which maintains that no law can contradict Islamic law, which many are concerned may hurt women’s rights. On a positive note, it is possible that under rights outlined in the constitution a woman could one day become president of Iraq. Many women support the 25 per cent quota for female representatives.

Amendments
A new clause added between Articles 137 and 138 stipulates that the National Assembly will form a committee to make recommendations for amendments to the constitution. The public will vote on the amendments.

This significant change was made just days prior to the referendum and helped elicit the support from some Sunni Arabs, decreasing the possibility that two-thirds of voters in three provinces will vote against the constitution.

Nationality
Article 18 allows any person born to an Iraqi mother or father to obtain citizenship. Iraqis will be able to have multiple nationalities, and those born in Iraq cannot have their citizenships revoked for any reason. Iraqi citizenship cannot be granted with the aim of recomposing the population of Iraq and creating a population imbalance.

Under the Ba’athist regime, women did not have this right, and Sunni Arabs were opposed to letting Iraqi mothers, particularly those who married foreigners, pass on their nationality to their children. This was a last-minute change to the constitution.

Personal status
Article 39 reads, "Iraqis are free in their commitment to their personal status according to their religions, sects, beliefs or choices. This shall be regulated by law."

This article allows religious oversight of personal matters, if desired. Iraqis will be able to follow any of a number of personal status laws established by religious or civil authorities. The most significant part of this article is that it allows individual Iraqis to choose whether civil or religious authorities will handle matters such as marriage, divorce and child support. Significantly, if a man and a woman of different religions choose to marry, they can do so in civil courts in Iraq without adopting one religion, as they often must do in religious marriages.

Constitution reigns supreme
Article 13 declares the constitution to be "the sublime and supreme law in Iraq that shall be binding in all parts of Iraq without exception". No law is permitted to contradict the constitution.

Compiled by Rebaz Mahmood, an IWPR trainee journalist in Sulaimaniyah, and Tiare Rath, Iraqi Crisis Report editor.