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01/29/2004
Shaping A New Iraq
As the Iraqi Governing Council and the Coalition Provisional
Authority decide what to do next, in light of the pressure being
placed on the two bodies by Shi’ite cleric Ayatollah Ali al-
Sistani and his plea for direct elections far sooner than is
realistically doable, I thought it was a good time to review the
timetable for handing over power to the Iraqi people. What
follows will change, but it gives you an idea of just how difficult
nation-building is, particularly in this part of the world.
[Some of this is repetitive, but as an old teacher of mine always
said, that’s how you learn.]
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The November 15 Agreement:
Timeline to a Sovereign, Democratic and Secure Iraq
The Transitional Administrative Law: A Guarantee of Basic
Rights
By February 28, 2004, the Iraqi Governing Council will approve
a Transitional Administrative Law that defines the structures of a
transitional government and the procedures for electing delegates
to a constitutional convention. This Transitional Administrative
Law will guarantee certain basic rights for all Iraqis during this
transition, including freedom of speech and the press. It will also
respect the Islamic identity of the majority of the Iraqi people,
while providing guarantees of religious freedom for all Iraqis.
The Transitional Administrative Law will expire by the end of
2005, after a permanent constitution has been approved and
elections have been held.
By May 31, 2004, local caucuses will be convened in each of
Iraq’s 18 governorates (sic) to elect delegates from among their
number for an Iraqi Transitional National Assembly.
Full Sovereignty: End to Occupation
By June 30, 2004, the Iraqi Transitional National Assembly will
elect its leaders and assume full sovereignty for Iraq.
The Governing Council and the Coalition Provisional Authority
will be dissolved. This will end the responsibilities of the
Coalition as an occupying power as specified in the United
Nations resolutions.
Democracy: Constitution and Elections
By March 15, 2005, direct one-man, one-vote elections will be
held for a constitutional convention. This convention will meet
to write a permanent constitution, to be approved by the Iraqi
people in a referendum.
By December 31, 2005, national elections for a new Iraqi
government will be held based on the new constitution. The
elected government will assume power. The transitional
government will be dissolved.
Security
Throughout this process, Coalition Forces will continue to work
side-by-side with new Iraqi police and security institutions to
ensure a peaceful transition to a sovereign, democratic, secure
Iraq. The Coalition will work with the Iraqi Governing council
and the new Transitional National Assembly to define these
security arrangements.
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Statement to the Iraqi People from L. Paul Bremer,
Administrator, CPA, and Jalai Talabani, then President, Iraqi
Governing Council, regarding the November 15 Agreement.
It provides for Iraqis to choose a new Iraqi Government, chosen
through direct, national elections by the end of 2005, on the basis
of a permanent constitution.
It provides for a new constitution drafted by Iraqis, who will be
chosen by full direct elections by March 2005.
It restores Iraqi sovereignty and ends the occupation by June 30,
2004.
It allows a Transitional Iraqi Government, chosen by caucuses in
each governorate, to assume sovereignty and administer elections
to draft a constitution.
It ensures that the Transitional Government will operate under a
law, drafted by Iraqis, which will provide basic guarantees of
freedom for the Iraqi people.
It provides the Iraqi people an opportunity to participate at every
stage of the process that restores sovereignty and guarantees your
freedom.
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So the fundamental law is to be agreed upon by February 28,
2004.
Then, a National Committee of selected Iraqis will organize
caucuses of selected delegates in the 18 governorates.
The caucus chooses members of a Transitional National
Assembly by May 31, 2004.
The Assembly will then elect an executive and appoint ministers,
thus making up the Transitional Administration to be formed by
June 30, 2004.
The CPA will disband at this time. [It is then hoped the
Transitional Administration extends an invitation for the U.S.
military to stay and provide security.]
A Constitutional Convention will be elected directly by the
people by March 15, 2005.
The constitution will be drawn up by the Convention and voted
on by the people in a referendum.
Elections for an Iraqi government will be held by December 31,
2005 on the basis of the new constitution.
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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 Oranizing 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.
[Source: Coalition Provisional Authority]
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And good luck to all.
Hott Spotts will return February 5.
Brian Trumbore
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