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Backgrounder: Iraq's interim constitution
www.chinaview.cn 2004-06-28 17:54:44

    BEIJING, June 28 (Xinhuanet) -- The Iraqi Governing Council (IGC) signed a Transitional Administrative Law on March 8 which would act as an interim constitution to provide the legal basis for the country's transfer of sovereignty which was completed on Monday, two days ahead of schedule, and for the transitional period.

    Work on the enactment of the law began shortly after the IGC was established in July, 2003. After lengthy consultations, the IGC finally agreed in early March on the text of the draft constitution. But the signing was delayed twice by a series of explosions in Iraq and the request by the Shiite delegates to makefurther amendments.

    Following is a summary of the law as distributed by the IGC:

    The Transitional Administrative Law will be the Supreme Law of Iraq during the transitional period. It will expire once a government is elected under a permanent constitution and takes office. This will happen no later than December 31, 2005.

    On June 30, 2004, an Iraqi Interim Government will be vested with full sovereignty, and the Coalition Provisional Authority will dissolve. This Iraqi government will be formed through a process of widespread consultation with the Iraqi people and will govern according to the Transitional Administrative Law and an annex to be issued before the beginning of the transitional period.

    The Iraqi Transitional Government will take office after elections for the National Assembly. These elections will take place as soon as possible, but no later than Jan. 31, 2005.

    The Fundamental Principles of the Law include the following:

    The system of government in Iraq will be republican, federal, democratic and pluralistic.

    The Iraqi Armed Forces will fall under the control of Iraq's civilian political leadership. Islam will be the official religionof the State and will be considered a source of legislation. The Law will respect the Islamic identity of the majority of the Iraqipeople and guarantee the freedom of religious belief and practice.Arabic and Kurdish will be the official languages of Iraq.

    The people of Iraq are sovereign and free. All Iraqis are equalin their rights and without regard to gender, nationality, religion, or ethnic origin and they are equal before the law.

    The government will respect the rights of the people, includingthe rights:

    To freedom of thought, conscience, and expression.

    

    To assemble peaceably and to associate and organize freely.

    To justice; to a fair, speedy, and open trial and to the presumption of innocence.

    To vote, according to law, in free, fair, competitive and periodic elections.

    To file grievances against officials when these rights have been violated.

    The Transitional Iraqi Government will contain checks, balances,and the separation of powers. The federal government will have theexclusive right to exercise sovereign power in a number of critical areas.

    Independent militias shall be prohibited,

    The Transitional Legislative Authority will be vested in a National Assembly, which will pass laws and help select and oversee the work of the executive authority. The National Assemblywill be freely elected by the people of Iraq, under an electoral system designed to achieve representation of women of at least one-quarter of its members, as well as fair representation of all of Iraq's communities.

    The Transitional Executive Authority will consist of the Presidency and the Council of Ministers, including the Prime Minister.

    The Presidency Council will consist of the President and two Deputy Presidents, and will be elected by the National Assembly asa group. The Presidency Council will represent the sovereignty of Iraq, may veto laws, and make appointments. All decisions of the Presidency Council will be taken unanimously. The Presidency Council will nominate the Prime Minister and, on the recommendation of the Prime Minister, will also nominate the Council of Ministers. All ministers will need to be confirmed in avote of confidence by the National Assembly. The Prime Minister and the Council of Ministers will oversee the day-to-day management of the government.

    The Federal Judicial Authority will be independent. A Federal Supreme Court will be created to hear judicial appeals and to ensure that all laws in Iraq are consistent with the Transitional Administrative Law.

    The Kurdistan Regional Government will be recognized as an official regional government within a unified Iraq, and will continue to exercise many of the functions it currently exercises.Groups of governorates elsewhere in Iraq will be permitted to formregions, and take on additional authorities. All authorities not reserved to the Federal Government may be exercised as appropriateby the governorates and the Kurdistan Regional Government. Elections for Governorate Councils throughout Iraq, and also for the Kurdistan National Assembly will be held at the same time as elections for the National Assembly, no later than Jan. 31, 2005.

    Iraq's security will be defended by Iraqi Armed Forces, workingtogether with the Coalition. Consistent with Iraq's sovereign status, the Iraqi Armed Forces will play a leading role as a partner in the multinational force helping to bring security to Iraq in the transitional period. The Iraqi Transitional Governmentwill also have the authority to negotiate a security agreement with Coalition forces.

    The National Assembly will be responsible for drafting the permanent constitution. After consulting with the Iraqi people andcompleting a draft, the proposed constitution will be submitted tothe public in a referendum, which will occur no later than Oct. 15,2005. If the constitution is adopted, elections for a new government under the constitution will be held, and the new government will take office no later than Dec. 31, 2005. Enditem

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