In order to satisfy the demands of the Sunni Arab groups that had rejected the draft constitution and after tough negotiations have taken place, a decision has been taken by the main political groupings represented in the 12 October 2005 in a press conference attended by the Iraqi President Jalal Talabani and Sheikh Ojeil that important modifications will be taken in the draft constitution. The decision has been confirmed by Ex-President Al-Yawer, Abdul-Aziz Al-Hakim and Dr. Iyad Allawi. President Talabani has declared that their are no reasons for the Sunni Arabs to boycott the referendum after their proposals and demands have been heard and accepted.
The Transitional National Assembly has ratified the modifications on 12 October, only three days before the referendum day, and accepted them as part of the draft constitution that will be voted on. Niqash has summarized the changes:
Article 1
The Republic of Iraq is a federal, united, independent state that enjoys complete sovereignty. The political system is a republican, parliamentary, democratic system. This constitution guarantees the unity of Iraq.
Article 3
Iraq is a country of many nationalities, religions and confessions. It is a founding and active member of the Arab League, is bound to its charta and is part of the Islamic world.
Article 4, Paragraph 3
Federal and official institutions in the Kurdistan region use the two languages Arabic and Kurdish.
Rearangement of the Article 18
The Iraqi natioanlity is a right of every Iraqi and is the basis of citizenship. First: Any child born to an Iraqi father and Iraqi mother is considered an Iraqi. This will be regulated by law. The rest of the paragraphs remain unchanged.
New Articles added
- The state sponsors cultural activities and institutions according to what is compatible with the civilizational and cultural history of Iraqi and will adopt real Iraqi cultural directions.
- It is the right of every Iraqi to practice sport and the state shall support and sponsor sportive activities
- Historic locations, buildings, writs etc. are considered national heritage and therefore are submitted to the federal authorities and managed in cooperation with the regions and provinces. This will be regulated by law.
Text added to Article 131
5. The mere membership in the overthrown Baath-Party is not a sufficient basis to bring somebody to court. The ex-member is equal before the law and enjoys protection as long as he was not subject to the debaathification regulations and orders given according to them.
6. The national Assembly will form a committee of its members to monitor the executive measures taken by the High commission for the debaathification. The decisions taken by the committee are dependent on the agreement of the parliament and on the federal apparatus in order to guarantee objectivity and transparancy of the committees positions.
An article has been added before the last two articles
1.The National Assembly will establish a committee of its members consisting of the main groups of the society at the beginning of its work. The committee will submit a report to the national assembly within a period of four months which includes recommendations for the necessary changes that could be taken on the constitution. The committee will be resolved after the decision on its proposals.
2. The changes suggested by the committee will be decided at once to the national assembly and will be considered ratified if the absolute majority of the members of the National Assembly approves them.
3.The changes decided by the National Assembly according to the paragraph 2 shall be submitted to the people in a referendum within a period of no more than two months beginning with the approval of the changes.
4. The referendum on the changed articles will be successfull in case the majority of the voters approves them and they are not rejected by two thirds of the voters in at three or more provinces.
5. Article 122 of the constitution (about the changes on the constitution) will be suspended until the changes mentioned in this article have been decided on.