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Introduction:
In 2004, the United Nations
Development Programme (UNDP),
through its Programme on
Governance in the Arab Region (POGAR), launched a project to
create an Iraqi Legal Database
(the “ILD”).
The objective behind the project
is to make the entire corpus of
Iraqi law available to judges,
lawyers, academics, lawmakers,
and all other individuals or
institutions that rely on legal
knowledge in a single, freely
accessible source. In
keeping with this objective,
this website, which was launched
in September 2008, makes
available to users 27,433 legal
texts altogether, including
7,136 laws, 4,265 ministerial
instructions, 3,268 regulations,
5,029 declarations, etc, which
is to say every single Iraqi
legal text that has been passed
since 1917. The ILD
is entirely free-of-charge and
does not require users to
subscribe in any way.
UNDP-Iraq is the source of most
of the funding for the ILD.
The project was originally
designed to be implemented in
three phases:
-
Phase I (2004-2006):
During this phase, a complete
copy of Iraq’s Official Gazette,
which includes every law, decree
and legal text that has been passed
since the establishment of the
Iraqi State, was retrieved and
scanned with a view to making
them completely searchable in an
electronic database (through a
"Reference Search" and "Free
search" interface). That
version of the ILD was made
available online by the Iraqi
High Judicial Council in 2006.
-
Phase II (2006-2008):
During this phase, a number of
improvements were made to the
ILD, including but not limited
to the following:
-
For each law or legal text
that has been modified or
annulled through a subsequent
text, full reference has been
provided to the modifying
text, and the modified text
itself has been updated (which
is the first time that this
has been done in Iraqi law);
-
All laws and regulations from
the Kurdish Region were
incorporated into the
database. These texts were
obtained from the Kurdistan
Official Gazette (1992-2007).
In addition, a feature
allowing users to compare
Kurdish legislation with Iraqi
legislation was incorporated
into the ILD;
-
All the legal texts in the ILD
were linked together through
the use of hyperlinks;
-
A criminal code, a criminal
procedural code, and a
commercial code were created.
Each legal code groups
together all the laws,
regulations and other legal
texts, as well as court
decisions that relate to its
particular subject and makes
them available in a single
source; and
-
Officials from Iraq’s judicial
sector have been trained in
the use of the ILD to ensure
that the Iraqi State benefits
from the work that has already
been completed.
-
Phase III (2008-2010):
UNDP launched Phase III in
September 2008. A number of
activities will be implemented
in that context, firstly with a
view to completing the database
and incorporating all relevant
sources that have not already
been added, secondly with a view
to ensuring that the benefits of
the ILD are shared by as many
practitioners and court users as
possible, and thirdly with a
view to ensuring the Project’s
long term sustainability. More
specifically:
-
Completing the data gathering
process:
In an effort to complete the
ILD and ensure that it
encompasses the entirety of
Iraqi positive law and all
relevant source material, a
final data gathering process
will be implemented throughout
Iraq with a view to collecting
as many court decisions as
possible, as many opinions as
possible from the Majlis
Al-Shoura, as many law review
articles as possible.
-
Codifying all remaining areas
of law:
As already mentioned, three
legal codes were prepared
during Phase II. During Phase
III, legal codes will be
created in relation to all
remaining areas of law a
number of key areas. The
subject matter areas in which
specific codes will be created
include civil law (including
contract law and tort law),
civil procedure,
administrative law, property
law, etc..
-
Training in the use of the ILD:
In order to ensure that the
ILD has the greatest impact
possible on the Iraqi legal
profession and the rule of law
generally speaking, a series
of training sessions will be
organised.
-
Ensuring the Project’s
sustainability:
Finally, a number of Iraqi
officials will be trained to
update the ILD on a regular
basis and to ensure that, when
the Project is finally
transferred to the Iraqi
authorities, it will be
updated and maintained as
future laws are promulgated
and as courts issue more
decisions. The Iraqi High
Judicial Council has already
committed to supporting the
long term sustainability of
the Project, and is prepared
to retain full time staff for
this purpose.
The ILD is available only in
Arabic. Iraqi law was not
translated into any other
language in a systematic manner,
and so therefore legal
researchers and other jurists
that are interested in Iraqi law
must carry out their research in
Arabic. Non-Arabic speaking
researchers who are interested
in learning more about the ILD’s
features may download the
following
powerpoint presentation which illustrates (and
translates into English) the
ILD’s various functions.
The ILD project is being managed
by a dedicated team of UNDP
specialists, including Roula
Zayat (Legal Informatics
Specialist), Mohamad Al-Abyad
(IT Expert) and Tony Elias
(Iraqi Legal Specialist) who
have been working under the
leadership of Dr Wassim Harb
(Senior Advisor on the Rule of
Law). Any questions relating
to the ILD, or to the contents
of this introduction to the
website, should be directed to
registry@undp-pogar.org.
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