Constitution of Kurdawa

The foundational document establishing the principles, rights, and governance structure of the Kurdish republic.

Article I: Foundational Principles

  1. This constitution, and its subsequent laws, shall override and supersede any existing constitutions, treaties, agreements, legislations and/or laws. 8
  2. This constitution shall take effect in all provinces and geographic areas currently known as Kurdawa which has been defined by mutually agreed borders.
  3. Citizens are deemed as those persons who legally carry the Kurdish nationality at the time of implementing this constitution.
  4. All adult citizens of the republic shall uphold and defend this constitution at all times. 9
  5. The Qur'an shall be the basis for this constitution and shall be the source for all the legislation and laws of the republic. 10
  6. Amed shall be designated as the permanent capital for the republic.
  7. Kurdish shall be the official language of the republic.

Qur'an Sources:

  • 8 Qur'an 16:90-91
  • 9 Qur'an 48:10
  • 10 Qur'an 17:9, 5:48

Article II: Rights and Freedoms

The freedoms and rights granted in this article are available to every adult person in the republic, regardless of gender, race, nationality, color, or creed. Such freedoms and rights may not be suspended, diluted, or obstructed.

Freedom of Speech

All persons have the right of free speech, freedom of the media, the right to assemble, and the right to protest peacefully. 11

Freedom of Faith

All persons have the right to believe in any faith or religion they may see fit. The freedom of faith includes the establishment of temples, mosques, synagogues, churches, and any other constructs used for such purpose. 12

Freedom of Movement

All persons may travel freely throughout the public lands of the republic, exit and/or enter its borders, in a legal manner, with no hindrance or delay. Such right extends to include the movement of goods. 13

Right to Privacy

All persons have the right to privacy against spying, eavesdropping, trespassing, entering homes without the permission of the owner, obtaining, and/or sharing private information. 14

Right to Possess Wealth

All persons have the right to seek to possess wealth, and/ or assets, and/or to engage in trade, industry, commerce and/or any other legally sanctioned activities. 15

Right to Welfare

All persons have the right to be granted security, education, and equal employment opportunities within the ability of the republic. 16

Right against Discrimination

All persons are to be granted equal rights and opportunities irrespective of race, gender, color, faith, and any other discrimination. 17

Right to Seek Justice

All persons and/or legal entities have the right to demand justice against any wrongdoing or crime that befalls them without obstruction or undue delay. 18

Qur'an Sources:

  • 11 Qur'an 71:5-9
  • 12 Qur'an 10:99, 18:29, 88:21-22
  • 13 Qur'an 29:56
  • 14 Qur'an 24:27-29, 49:12
  • 15 Qur'an 3:14
  • 16 Qur'an 30:38, 59:7
  • 17 Qur'an 49:13
  • 18 Qur'an 4:148, 42:39

Article III: Legislative Powers

The legislative powers of the republic shall be vested in an elected national council that shall be representative of the people and which shall conduct its business through the process of open discussion and consultation in all matters.19

Elections will be based on districts, whereby each district is defined as an independent area with a minimum citizen population of one percent of the total population of the republic.

Areas that have populations below one percent shall have their number added to the nearest geographic area until that number reaches or exceeds one percent. Seats for the national council will be allotted on the basis of a minimum of one seat for every district, with districts having populations in multiples of one percent being allotted one extra seat for each multiple.

Persons eligible for the national council must be citizens, male or female, forty years of age or older, of sound mind and character and must be residents of the district they are elected from.20

Eligible voters are the male and female citizens who have reached the age of eighteen or older, and who are present within the borders of the republic at the time of voting.

Seats to the national council will be granted to those nominees who achieve a majority vote from the district where they reside.

National council members, unless re-elected, shall serve one term of five years beginning on the first day of the first month of the new year.

Elections shall be concluded 90-days prior to the end of the existing national council members' term of office to ensure a smooth transition and hand-over of duties and responsibilities.

In cases of death or resignation, a new national council member shall be elected from the same district to serve the remaining term of the departed national council member.

Each national council member carries one vote with the council decisions becoming law based on a two thirds (2/3) or more vote on the issue(s).

Powers of the National Council

The national council is granted the following powers:

  • The power to make, review, amend, and repeal laws in accordance with the principles of justice.21
  • The power to make policies and strategies necessary to ensure the smooth functioning of the republic.22
  • The power to appoint and/or renew a president and his/her ministers for a term totaling five years.23
  • The power to prematurely end the term of the president or any of his/her ministers.24
  • The power to regulate new citizenship requirements.25
  • The power to appropriate payment and compensation schemes for all levels of government, including the national council.26
  • The power to stipulate taxation for individuals and corporations, on condition that such taxation does not exceed 20 percent.27
  • The power to establish the benchmark for weights, measures, time keeping, and minimum wages within the republic.28
  • The power to coin money as legal tender, only if such money is coined in gold or silver or backed by gold or silver.29
  • The power to lend and/or borrow money, without compound interest, on behalf of the republic.30
  • The power to lease public lands for the purpose of development and betterment.31
  • The power to preserve and protect wildlife and the natural ecological balance.32
  • The power to allocate funds and approve budgets for all government agencies.33
  • The power to call for audits on any branch/ department/agency of government.34
  • The power to initiate, locally and/or abroad, legal proceedings and/or claims on behalf of the republic.35
  • The power to enter into treaties and/or agreements with foreign nations/peoples.36
  • The power to establish a military for land, sea, and air.37
  • The power to establish a security force for the protection of people and their rights within the republic.38
  • The power to mediate, through peaceful means, an end to armed conflict in/or between foreign nations.39
  • The power to aid and/or assist oppressed people in foreign nations, by granting them asylum and/or negotiating on their behalf, on condition that they have requested such help.40
  • The power to provide humanitarian aid and/or assistance for crisis relief of any foreign nation and/or people in need.41
  • The power to declare war and appropriate a war cabinet if the republic is under physical attack, and/or economic attack, and/or if its security and/or citizens are under an imminent and recognizable threat of attack.42
  • The power to call for a public draft in defense of the republic and its lands if the republic is attacked or under an imminent and recognizable threat of attack.43

Council Assembly

The national council shall elect a speaker from amongst the national council members to regulate the proceedings of its assemblies.

The national council shall assemble, at a minimum, every ninety days to discuss legislation and/or appropriation and/or any matters that concern the well being of the republic and its citizens. The national council may vote to shorten or extend the length of such assembly based on requirements.

The national council may also be called for assembly at any other time during the year at the request, submitted to the speaker, of at least one third of the total national council members. Such announcement for assembly must be broadcast publicly and clearly, as well as the requirements that the request be made in writing to all national council members.

During times of war and/or danger, the national council may be excluded from physical assembly and decisions may be conducted by way of obtaining signatures from the respective council members to meet the two-third or more required votes.

Qur'an Sources:

19 Qur'an 42:38
20 Qur'an 46:15, 49:13
21 Qur'an 4:58
22 Qur'an 12:47-49
23 Qur'an 4:59
24 Qur'an 58:11
25 Qur'an 60:10
26 Qur'an 28:27
27 Qur'an 8:41
28 Qur'an 6:152, 7:85
29 Qur'an 9:34
30 Qur'an 2:275, 2:282
31 Qur'an 7:74
32 Qur'an 5:1-2, 30:41
33 Qur'an 17:27-29
34 Qur'an 17:36
35 Qur'an 42:39
36 Qur'an 8:72
37 Qur'an 8:60
38 Qur'an 22:41
39 Qur'an 49:9-10
40 Qur'an 4:75, 8:72
41 Qur'an 2:177
42 Qur'an 2:190-193
43 Qur'an 8:65, 9:41

Article IV: Executive Powers

The executive powers of the republic shall be vested in a president who shall be appointed by the national council.44

The president shall be responsible for the selection of his/her cabinet of ministers to be presented for approval by the national council.

The president shall be responsible for carrying out the approved policies and strategies of the national council.

The president shall be responsible for the administration and management of all branches of government in the republic, setting rules and regulations necessary to ensure the smooth functioning of such branches, and budget preparation.

The president shall be responsible for the planning, budgeting, and execution of all public projects including: factories, farms, roads, power, exploration, mining, drilling, refinement, water treatment, transportation, mail delivery, sewage treatment, public offices/buildings, libraries, schools, hospitals, social services, and any other construct or activity required for the service of the public or the betterment of life for people under the republic.

The president shall be responsible for the regulation of all private sector activities/projects including: manufacturing, mining, energy, agriculture, trade, services, construction, transport, travel, education, medical, technology, charities, and any other activity or construct that is requested by people in the republic.

The president shall represent the republic before foreign dignitaries/nations and may engage in negotiations/ discussions, which are not binding except with the ratification of the national council, regarding all matters that concern the republic.

The president shall present a detailed report of his/ her activities prior to every scheduled national council assembly. The president will also make himself/herself present at the scheduled national council assembly or at the request of the council speaker for non-scheduled sessions in order to give a briefing on the state of the republic as well as answering any questions/clarifications required by the council members.

Qur'an Source:

44 Qur'an 27:32

Article V: Judicial Powers

The judicial powers of the republic shall be vested in an independent high court and its subsequent lower courts that shall judge according to the laws as placed by the national council.45

The high court shall comprise of twelve justices who shall be appointed by the national council and who shall hold office as long as they maintain integrity, proper conduct, and adherence to the laws of the constitution.

The high court shall have the responsibility of appointing court judges, presiding over cases of treason, and presiding over legal proceedings and/or impeachment charges made against the president, cabinet ministers, and/or any national council member(s).

The high court will also have the final say in appeal matters over lower courts.

The decisions of the high court are binding based on a two- thirds or more vote.46

Qur'an Sources:

45 Qur'an 4:58
46 Qur'an 42:38

Article VI: Rights of the Accused

All persons being accused of a specific crime, which must be supported by a court warrant, will have their constitutional rights as outlined in article ii temporarily suspended and replaced with the following rights:

Right to Presumption of Innocence

All persons accused are considered innocent until proven guilty. The burden of proof falls upon the accuser. No detainee may be held for longer than 24 hours unless a court order for further detainment is obtained based on the assessment of credible evidence related to the charges brought forth. No detainee may be subjected to physical or psychological torture, and/or humiliation, and/or forced confession, and/or any other form of physical or psychological harm or abuse. If the court finds the accused innocent of the charges put forth, then no further legal proceedings or accusations on the same case may be presented.47

Right to a Fair and Speedy Trial

All persons accused of a crime have the right to a fair trial that shall be free of prejudice, influence, or any external factors that may cause injustice to occur. The accused also has the right to be tried quickly without undue delay.48

Right to an Attorney

All persons accused of a crime shall have the right to be represented through a specialized attorney if they should chose so. If an attorney cannot be arranged or afforded by the accused, then it is the responsibility of the republic to provide an attorney with no expenses to the accused.49

Punishment does not exceed the Crime Committed

The court is responsible for ensuring that all punishments and rulings decreed by its judges are less than or equal to the nature of the crime committed. Therefore, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unreasonable punishments inflicted.50

Right of Confrontation

Any person being accused has the right to face his/her accusers.51

Right to Appeal

All persons have the right to appeal a ruling that is found to be against them by requesting that a new trial be set with a different judge presiding. An appeal may only be carried out one time, unless it can be proven through credible evidence that both trials did not display fairness or a full analysis of facts, in which case the high court will preside over the matter, and their judgment supersedes all other judgments and shall be final.52

Qur'an Sources:

47 Qur'an 10:68, 24:11, 49:12
48 Qur'an 4:58
49 Qur'an 26:12-14
50 Qur'an 16:126
51 Qur'an 49:12
52 Qur'an 21:78-79

Article VII: Government Funding

Government shall be funded through the revenue generated from the legal sale of the natural public resources, as well as the revenue generated by government through services and/or taxation.

Article VIII: Government Transparency

All branches of the government of the republic shall operate in complete transparency and openness. Records must be made public, and meetings of the national council shall be deliberated to an open audience, and/or through a televised screening.53

The only exception to this transparency requirement shall be matters that are deemed threatening to the security of the republic and/or the general well-being of its citizens, and, in such cases, the records of deliberations of the kind may be concealed from the public for a maximum period of one year, to be extended only with the approval of the high court, for a maximum period not exceeding ten years.54

Qur'an Sources:

53 Qur'an 58:9-10
54 Qur'an 58:9

Article IX: Government Officials and Oath

Government officials, government employees and elected national council members, shall not hold any other position or title while serving in government or on the national council.

All government officials, government employees, and elected national council members shall be obligated to take the oath of the republic before commencing their duties:

Oath of the Republic

"I [name of person to be placed here] solemnly swear before God and before the witness of the citizens of this republic to uphold the role of [position to be placed here] to the best of my abilities to protect the integrity of the constitution and the republic. I swear to live my life according to the laws and regulations of the republic and to uphold the highest moral character. I swear to work in the best interest of the republic and to constantly strive to improve life for its citizens. I swear never to abuse my position or authority in any way, shape or form for personal gain. I swear never to carry favor to any person or group or entity beyond what is fair and just. I swear to stand for and to promote the laws of peace and justice and equality wherever I may be. I have placed God as a witness over this oath of mine, may He have mercy on my soul and guide me to always do what is right."55

The breaking of such oath shall be the basis for legal proceedings and/or impeachment.

Qur'an Source:

55 Qur'an 48:10

Article X: Foreign Relations

With the exception of declarations of war made by the national council, no branch of government, or person from within the republic, may directly or indirectly finance, sponsor, or engage in, the destabilization or undermining of any country or nation by way of design and/or by way of covert or otherwise armed operations.56

Qur'an Source:

56 Qur'an 2:11-12, 2:204-205, 38:28

Article XI: Innovation and Intellectual Rights

Government shall encourage and support the pursuit of creativity, arts, sciences, exploration, and technical innovation within the republic.57

Government shall also ensure that intellectual rights be protected from infringement and unauthorized duplication.58

Qur'an Sources:

57 Qur'an 27:40, 34:13, 55:33
58 Qur'an 3:188

Article XII: Constitutional Amendments

Amendments towards the betterment of this constitution may be made based on a 5/6 vote of the national council and a unanimous endorsement from the high court justices as to the legality of the amendment in view of the existing articles of constitution. All amendments must be listed as such and not inserted into the original text of this constitution.59

Qur'an Source:

59 Qur'an 11:88