Law of Administration for the State of Iraq for the Transitional Period

Country/entity
Iraq
Region
Middle East and North Africa
Agreement name
Law of Administration for the State of Iraq for the Transitional Period
Date
08/03/2004
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Iraq Wars and the Iraqi Insurgency (1989-1990) (2004 - )
In the aftermath of the Iraq-UN conflict following President Saddam Hussein’s invasion of Kuwait in 1989, the UN enforced no-fly zones and set up a monitoring commission of the arms capacity of the Iraqi government. By the late 1990s, Iraqi officials had increased their resistance against the implementation of these programmes. In the aftermath of the 2001 terrorist attacks on New York, the U.S. accused the Iraqi government of having weapons of mass destruction. In 2003, a U.S.-led coalition overthrew the government of Saddam Hussein, but failed to maintain security in the country as ex-Bathist and Islamist groups launched a counter-campaign. Violence reached a peak in 2006 as the conflict took on sectarian traits leading to mass human rights violations by domestic Sunni and Shi’a groups, as well as occupying forces. Despite the failure to stabilize the country, the U.S.-led forces withdrew in December 2011. Since then Iraq has effectively been split into three territories based on ethno-religious identity including the Shi’a in the south, the Kurds in the north, and a Sunni band in the middle, which is currently occupied by the organisation known as the Islamic State (formerly of Iraq and the Levant).

Iraq Wars and the Iraqi Insurgency (1989-1990) (2004 - ) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government
Peace process
65: Iraq peace process - second Iraq war
Parties
The Iraqi Governing Council
Third parties
The Iraqi Governing Council was established by the Coalition Provisional Authority
Description
The agreement signed by the Iraqi Governing Council, came into effect on June 28, 2004, after the Coalition Provisional Authority transferred power to the Iraqis. It was to function as Iraq's provisional constitution until it superceded by the permanent Iraqi Constitution in May 2006, which was approved in October 2005. The Law contains provisions for; rights; political structure including executive and legislature; the judiciary; the special tribunal and national commissions; provisions for the sub-regions, governorates and municipalities and the road map for the transitional period.

Agreement document
IQ_040308_Law of Administration for the State of Iraq for the Transitional Period.pdf

Main category
Page 1, CHAPTER ONE – FUNDAMENTAL PRINCIPLES
Article 1. (B) Gender-specific language shall apply equally to male and female.

Page 4-5, CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 12., All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts.

Page 7, CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 20., (A) Every Iraqi who fulfills the conditions stipulated in the electoral law has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections.
(B) No Iraqi may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy.

Page 10, CHAPTER FOUR – THE TRANSITIONAL LEGISLATIVE AUTHORITY
Article 30, (C) The National Assembly shall be elected in accordance with an electoral law and a political parties law. The electoral law shall aim to achieve the goal of having women constitute no less than one-quarter of the members of the National Assembly and of having fair representation for all communities in Iraq, including the Turcomans, ChaldoAssyrians, and others.

Women, girls and gender

Participation
Gender quotas
Page 10, CHAPTER FOUR – THE TRANSITIONAL LEGISLATIVE AUTHORITY
Article 30, (C) The National Assembly shall be elected in accordance with an electoral law and a political parties law. The electoral law shall aim to achieve the goal of having women constitute no less than one-quarter of the members of the National Assembly and of having fair representation for all communities in Iraq, including the Turcomans, ChaldoAssyrians, and others.
Equality
Equality (general)
Page 4, CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 12., All Iraqis are equal in their rights without regard to gender, sect, opinion, belief, nationality, religion, or origin, and they are equal before the law. Discrimination against an Iraqi citizen on the basis of his gender, nationality, religion, or origin is prohibited. Everyone has the right to life, liberty, and the security of his person. No one may be deprived of his life or liberty, except in accordance with legal procedures. All are equal before the courts. ...

Page 7, CHAPTER TWO – FUNDAMENTAL RIGHTS
Article 20., (A) Every Iraqi who fulfills the conditions stipulated in the electoral law has the right to stand for election and cast his ballot secretly in free, open, fair, competitive, and periodic elections.
(B) No Iraqi may be discriminated against for purposes of voting in elections on the basis of gender, religion, sect, race, belief, ethnic origin, language, wealth, or literacy.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
Page 1, CHAPTER ONE – FUNDAMENTAL PRINCIPLES
Article 1. (B) Gender-specific language shall apply equally to male and female.

The University of Edinburgh