Full
text. This document was originally published on the CPA
website.
1. The
"Fundamental Law"
To be drafted by the
Governing Council, in close consultation with the CPA. Will be
approved by both the GC and CPA, and will formally set forth the
scope and structure of the sovereign Iraqi transitional
administration.
Elements of the
"Fundamental Law":
-
Bill of rights, to
include freedom of speech, legislature, religion; statement
of equal rights of all Iraqis, regardless of gender, sect,
and ethnicity; and guarantees of due process.
-
Federal arrangement
for Iraq, to include governorates and the separation and
specification of powers to be exercised by central and local
entities.
-
Statement of the
independence of the judiciary, and a mechanism for judicial
review.
-
Statement of
civilian political control over Iraqi armed and security
forces.
-
Statement that
Fundamental Law cannot be amended.
-
An expiration date
for Fundamental Law.
-
Timetable for
drafting of Iraq's permanent constitution by a body directly
elected by the Iraqi people; for ratifying the permanent
constitution; and for holding elections under the new
constitution.
Drafting and approval
of "Fundamental Law" to be complete by February 28,
2004.
2. Agreements with
Coalition on Security
To be agreed between
the CPA and the GC.
Security agreements to
cover status of Coalition forces in Iraq, giving wide latitude
to provide for the safety and security of the Iraqi people.
Approval of bilateral
agreements complete by the end of March 2004.
3. Selection of
Transitional National Assembly
Fundamental Law will
specify the bodies of the national structure, and will
ultimately spell out the process by which individuals will be
selected for these bodies. However, certain guidelines must be
agreed in advance.
The transitional
assembly will not be an expansion of the GC. The GC will have no
formal role in selecting members of the assembly, and will
dissolve upon the establishment and recognition of the
transitional administration. Individual members of the GC will,
however, be eligible to serve in the transitional assembly, if
elected according to the process below.
Election of members of
the Transitional National Assembly will be conducted through a
transparent, participatory, democratic process of caucuses in
each of Iraq's 18 governorates.
-
In each governorate,
the CPA will supervise a process by which an
"Organizing Committee" of Iraqis will be formed.
This Organizing Committee will include 5 individuals
appointed by the Governing Council, 5 individuals appointed
by the Provincial Council, and 1 individual appointed by the
local council of the five largest cities within the
governorate.
-
The purpose of the
Organizing Committee will be to convene a "Governorate
Selection Caucus" of notables from around the
governorate. To do so, it will solicit nominations from
political parties, provincial/local councils, professional
and civic associations, university faculties, tribal and
religious groups. Nominees must meet the criteria set out
for candidates in the Fundamental Law. To be selected as a
member of the Governorate Selection Caucus, any nominee will
need to be approved by an 11/15 majority of the Organizing
Committee.
-
Each Governorate
Selection Caucus will elect representatives to represent the
governorate in the new transitional assembly based on the
governorate's percentage of Iraq's population.
The Transitional
National Assembly will be elected no later than May 31, 2004.
4. Restoration of
Iraq's Sovereignty
Following the selection
of members of the transitional assembly, it will meet to elect
an executive branch, and to appoint ministers.
By June 30, 2004 the
new transitional administration will be recognized by the
Coalition, and will assume full sovereign powers for governing
Iraq. The CPA will dissolve.
5. Process for
Adoption of Permanent Constitution
The constitutional
process and timeline will ultimately be included in the
Fundamental Law, but need to be agreed in advance, as detailed
below.
A permanent
constitution for Iraq will be prepared by a constitutional
convention directly elected by the Iraqi people.
Elections for the
convention will be held no later than March 15, 2005.
A draft of the
constitution will be circulated for public comment and debate.
A final draft of the
constitution will be presented to the public, and a popular
referendum will be held to ratify the constitution.
Elections for a new
Iraqi government will be held by December 31, 2005, at which
point the Fundamental Law will expire and a new government will
take power.
For the
Governing Council:
L. Paul Bremer
For the
Coalition Provisional Authority:
Jalal Talabani |