Iraq's Interim Constitution

[hawarameen]

Summary of Iraq's Interim Constitution

BAGHDAD, Iraq -AP- Mar 8, 2004- The Iraqi Governing Council signed an interim constitution on Monday. The 25-page document, or Transitional Administrative Law, was published in Arabic and English. Here is a summary, which was released by the U.S.-led Coalition Provisional Authority:

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 take office. This will happen no later than December 31, 2005. The transitional period will consist of two phases:

Phase I: On 30 June 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.

Phase II: 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 31 January 2005.

The Fundamental Principles of the Law include the following:

The system of government in Iraq will be republican, federal, democratic, and pluralistic. Federalism will be based on geography, history, and the separation of powers and not on ethnicity or sect.

The Iraqi Armed Forces will fall under the control of Iraq's civilian political leadership.

Islam will be the official religion of the State and will be considered a source of legislation. The Law will respect the Islamic identity of the majority of the Iraqi people 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 equal in their rights and without regard to gender, nationality, religion, or ethnic origin and they are equal before the law. Those unjustly deprived of their citizenship by previous Iraqi regimes will have the right to reclaim their citizenship. The government will respect the rights of the people, including the 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 the exclusive right to exercise sovereign power in a number of critical areas, including the management and control of the following:

National security policy; independent militias shall be prohibited,

Foreign policy, diplomatic representation, and border control,

National fiscal, monetary and commercial policy,

National resources; revenues from which must be spent on the needs of all of Iraq's regions in an equitable manner.

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 Assembly will 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 as a 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 a vote 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. It will consist of nine members, who will be appointed by the Presidency Council upon the recommendation of an impartial Higher Juridical Council.

Federalism and local government will ensure a unified Iraq and prevent the concentration of power in the central government that enabled decades of tyranny and oppression. This will encourage the exercise of local authority in which all citizens are able to participate actively in political life.

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 form regions, and take on additional authorities.

The governorates will have Governors and Governorate Councils, in addition to municipal, local, and city councils as appropriate.

All authorities not reserved to the Federal Government may be exercised as appropriate by 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 31 January 2005.

Iraq's security will be defended by Iraqi Armed Forces, working together 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 Government will 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 and completing a draft, the proposed constitution will be submitted to the public in a referendum, which will occur no later than 15 October 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 31 December 2005.

Copyright © 2002, Kurdistan Observer | Designed by Zine Sano

[timbaly]

The National Assembly will 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.

I heard that it will be mandatory for women to have atleast 25% of the seats in the council. So what if 25% aren't elected? Will they take elected members out of the government and replace them with women who weren't even elected? If so how will they choose who is to be replaced and who gets to stay?

Another potential problem is having a state within a state. Although it might seem stable now, one day I expect there to be war over complete kurdish autonomy from Iraq. It would probably be a better decision to separate the kurdish state from the rest of Iraq now before a problem arises in the future.

[redstar2000]

The Presidency Council...may veto laws...

It will be three guys approved by the U.S. who will determine what happens -- probably one guy & a couple of his lackeys.


Federalism and local government will ensure a unified Iraq and prevent the concentration of power in the central government that enabled decades of tyranny and oppression. This will encourage the exercise of local authority in which all citizens are able to participate actively in political life.

Warlordism.


The Iraqi Transitional Government will also have the authority to negotiate a security agreement with Coalition forces.

Sign here and here and here, ragheads!


...independent militias shall be prohibited...

:lol: :lol: :lol:

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.vze.com)
A site about communist ideas

[hawarameen]

Originally posted by [email protected] 10 2004, 03:08 AM


Federalism and local government will ensure a unified Iraq and prevent the concentration of power in the central government that enabled decades of tyranny and oppression. This will encourage the exercise of local authority in which all citizens are able to participate actively in political life.

Warlordism.


and if the exercise of local authority had not been in place, no doubt you would have branded it another dictatorship from baghdad, run by US.

local authority means that in a country with such mixed cultures, traditions and languages, local authorities can pass laws and make judgments based on the local population and not have central powers pass universal laws.

other than the smiley, smoking, angry faces do you have anything productive to say? or is that beyond your ability?

there are areas of great concearn such as the paragraph highlited by timbaly. I didnt put this on here to sing anyones praises, just a piece of information.


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

National security policy; independent militias shall be prohibited,

Foreign policy, diplomatic representation, and border control,

National fiscal, monetary and commercial policy,

National resources; revenues from which must be spent on the needs of all of Iraq's regions in an equitable manner.

this part is a bit of a concearn for me, it has the potential for a member/s of the council to gain military/ economic power.

[redstar2000]

A US general will be in charge of all military forces in Iraq even after the end of the occupation, a senior British official said on Wednesday.

American and British forces will remain in Iraq "for at least two years", the official said.

http://news.bbc.co.uk/2/low/middle_east/3499398.stm

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.vze.com)
A site about communist ideas

[hawarameen]

i may have been a bit abbrasive in my post to you RS but i didnt get ANYTHING in the way of actual concearns, missgivings etc. there was NO real argument in your reply.

i tried to be as objective as i could when reading the constitution for the first time. some areas are beneficial for kurds but i dont agree with, e.g.

i dont know what your point was with regards to the independant militias but there may well be problems there with the pesh merga (kurdish army) who refuse to disband.

there are many good points i can see in the constitution, can you look at it objectively and not be clouded by your somewhat obsesive anti-americanism?

[redstar2000]

There are many good points I can see in the constitution; can you look at it objectively and not be clouded by your somewhat obsessive anti-Americanism?

"Objectively", it is window-dressing...and not very good window-dressing at that.

Like many, you are endlessly deceived by America's "fine words" while totally ignoring the actual record of America's deeds (as documented by Chomsky and many others).

You almost desperately believe -- or want to believe -- that "this time" America will "come through" for the Kurds.

That is simply self-deluding foolishness on a massive scale!

At some time in some way, America is going to take a shit on the Kurds! They've done it before and they're going to do it again. And again. And again!

"Democratic" constitutions are as common as dirt...and so is tyranny in practice. Especially American practice.

Get it through your head: the only people in Iraq who are going to benefit from the American-British "conquest" will be the most obsequious and servile quislings.

Everyone else there is going to find themselves face down in a barrel of shit.

And that most definitely includes the Kurdish people.

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.vze.com)
A site about communist ideas

[Xvall]

I don't trust it. The Soviet constitution guarenteed freedom of speech too, and we know that they really lived up to that.

[Morpheus]

The military occupying Iraq is still under American control. This is just a puppet government. Pieces of paper don't change that.

[Don't Change Your Name]

Exactly. This are just words who sound very nice together but as we know in real life no one gives a fuck about following such a document.


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

:lol: :lol: :lol: :lol:

Yeah sure, especially the "free" and the "fair" parts. I don't think they will be very competitive either (3 yankee-backed candidates with lots of funding to do propaganda and 40 other that noone knows that they exist), and that they will be "periodic".

[18tir]

This all sounds really nice. But it doesn't mean anything as long as 140,000 American soldiers are occupying Iraq. When the American military leaves and turns over full power to the Iraqis, then we can talk about democracy.

[sh0cker]

I don't trust for a long time in things like these in Iraq.. Americans will soon leave, because they already took what they wanted..

[VukBZ2005]

Originally posted by [email protected] 11 2004, 11:50 AM
I don't trust for a long time in things like these in Iraq.. Americans will soon leave, because they already took what they wanted..
Yeah - Cheney, Bush and his lackeys have their Oil, And there' happy that's
it's flowin' - to Washington. :angry:

[hawarameen]

RS i more than you know how many time the kurds have been shat on as you say (and yes it is possible somebody knows more about a subject than you). and i also kow how life WAS in iraq under saddam. you would have me shoot myself to the cries of 'life is shit woe is me, its never going to get better were all doomed' by your rationale everyone who has the slimest of hopes of a better life should say fuck it its pointless!

the more and more i read your posts i get nearer to a conclusion. tell me, do you want to see ANY sort of success in iraq? no doubt there will be much rejoicing in your house if/when the kurds and the rest of iraq get shat on by everyone. i see little difference in your comments with those of fundamental anti-american islamists.


Like many, you are endlessly deceived by America's "fine words" while totally ignoring the actual record of America's deeds (as documented by Chomsky and many others).

You almost desperately believe -- or want to believe -- that "this time" America will "come through" for the Kurds.

i am well aware that the document is just pages of words as it stands and i am even more aware of americas and the uk's history with regards to the kurds. and i DO want to believe that this time the kurds and indeed the people of iraq will get some sort of freedom after many years of oppresion. but i am not waiting with baited breath for america or anyone else for that mater to come through.

if it makes YOU happy you are welcome to tell me and the rest of this board what my oppinions are on any subject despite the fact i have told you my oppinions, i know this is something you enjoy you often tell people what their oppinions are and what they stand for.


At some time in some way, America is going to take a shit on the Kurds! They've done it before and they're going to do it again. And again. And again

i refer you to my remarks in the second paragraph.


"Democratic" constitutions are as common as dirt...and so is tyranny in practice. Especially American practice.

i would take your tyrannous american democracy (and so would the people of iraq) over one run by saddam anyday. and i speak from PERSONAL experience (i was lucky) when i make the comparisson. so how do you come to your conclusions? books, newspapers, records?


Get it through your head: the only people in Iraq who are going to benefit from the American-British "conquest" will be the most obsequious and servile quislings.

Everyone else there is going to find themselves face down in a barrel of shit.

And that most definitely includes the Kurdish people.

5 years ago the most obsequious and servile quislings were saddam, his family and henchmen.

So tell me in your (humble) oppinion is that better or worse than it was 5 years ago?

[redstar2000]

...I DO want to believe that this time the Kurds and indeed the people of Iraq will get some sort of freedom after many years of oppression...

The views that you say I attribute to you inaccurately are the views that come from your own mouth.

On what grounds is your "belief" based? What can they be other than the presumed "benevolence" of empire?

Here's an idea. You want the Kurds to prosper in the era of empire? Act like Israel! Become the willing agent of U.S. imperialism in opposing all forms of Arab self-determination. Supply occupation troops in Syria or Iran or Jordan or Yemen or whatever country the U.S. decides to invade next. Maybe even Cuba!

That's the road to suck-cess that you implied (correctly) my opposition to.


I would take your tyrannous American democracy (and so would the people of Iraq) over one run by Saddam any day.

I have no doubt that 99.999% of the people in Iraq would take their chances on living in the U.S. without regard to political considerations; what else what you expect people in an utterly devastated country to do?

That doesn't make American "democracy" democratic. In fact, there's a pretty good chance that if you "look" Middle Eastern, you'll get the kind of treatment that people became accustomed to in the era of Saddam.

Something to look forward to, eh?


So how do you come to your conclusions? Books, newspapers, records?

Don't forget the internet.

Yes, that's exactly how I gather information and draw conclusions. That way I don't have to defer to morons like El Profe who endlessly repeat their dreary refrain -- "I lived there and I know from personal experience, blah, blah, blah."

Personal experience is exactly that and nothing more. Two different people can have entirely different "personal experiences"...in Iraq or any place else. Note that Saddam Hussein, though he be "the devil incarnate", nevertheless had and perhaps still has tens of thousands of supporters if not more.

If you read enough stuff, then you at least have a chance of getting the "big picture"...something next to impossible to achieve if you rely solely on personal experience.


No doubt there will be much rejoicing in your house if/when the Kurds and the rest of Iraq get shat on by everyone.

If I live long enough to see it, I will certainly rejoice when American and British forces flee Iraq (and the Arab world) in total disarray, suffering major casualties in the process.

A defeat for imperialism is a victory for the human species (which includes, by the way, more than just Kurds...in case you hadn't noticed).

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.vze.com)
A site about communist ideas

[hawarameen]

Here's an idea. You want the Kurds to prosper in the era of empire? Act like Israel! Become the willing agent of U.S. imperialism in opposing all forms of Arab self-determination. Supply occupation troops in Syria or Iran or Jordan or Yemen or whatever country the U.S. decides to invade next. Maybe even Cuba!

:lol: are you ok? feeling alright?

yes and the kurds will conquer the world and the rest of the solar system in the name of our great friend the US.
the fundamental difference between kurdistan and israel (which you dont seem to be aware of) is that the people of israel are jewish and the people of kurdistan are sunni muslims, infact one of the greates muslims ever was kurdish! not only do the people of kurdistan have more in common with the arab world they actually have a good relationship with most arab countries. the leader of Yemen (Khadaffi, for your information) has activelly supported kurds in the past and backed a fully independant kurdistan!

Fuck, this thread wasnt even about the kurds! do you have something against the kurdish people? i think so.


I have no doubt that 99.999% of the people in Iraq would take their chances on living in the U.S. without regard to political considerations; what else what you expect people in an utterly devastated country to do?

That doesn't make American "democracy" democratic. In fact, there's a pretty good chance that if you "look" Middle Eastern, you'll get the kind of treatment that people became accustomed to in the era of Saddam.

Something to look forward to, eh?

i will tell you (if you are prepared to listen) that the same 99.999% of iraqis would have more than "taken their chances" 10, 20, even 30 years ago, and its not because of the devestation that has happened since the war, the country has been devestated for decades (were you aware of this, or did you miss this in your 'research'?)

i KNOW that this doesnt make america democratic, (infact i believe america is wholly un-democratic) so tell me (as i seem to be ignorant to this 'fact') in america if you look middle eastern you get locked up without trial? anyone looking middle eastern gets shot in time square? anyone looking middle eastern gets sent to the gas chamber? america is alot worse than i thought!! the prisons must be pretty crowded over there, im sure tens of millions of people 'look' middle eastern!


Yes, that's exactly how I gather information and draw conclusions. That way I don't have to defer to morons like El Profe who endlessly repeat their dreary refrain -- "I lived there and I know from personal experience, blah, blah, blah."

Personal experience is exactly that and nothing more. Two different people can have entirely different "personal experiences"...in Iraq or any place else. Note that Saddam Hussein, though he be "the devil incarnate", nevertheless had and perhaps still has tens of thousands of supporters if not more.

If you read enough stuff, then you at least have a chance of getting the "big picture"...something next to impossible to achieve if you rely solely on personal experience.

so you believe everything you read do you? very intelligent of you i must say.
i most humbly apologise to you if my personal experiences seem dreary to you Mister Red Star Sir, it must be very boring for you. keep that head of yors buried in books.

i will admit that personal experiences are indeed nothing more than personal experiences, however there are hundreds of thousand of people in iraq, and millions in the rest of the world (ordinary working class people) who could give you their personal experiences, but i guess it would just bore you. saddam had and STILL (not perhaps) has tens of thousands of supporters but they would be those obsequious and servile quislings you were talking about ;) .


If I live long enough to see it, I will certainly rejoice when American and British forces flee Iraq (and the Arab world) in total disarray, suffering major casualties in the process.

A defeat for imperialism is a victory for the human species (which includes, by the way, more than just Kurds...in case you hadn't noticed).

NO RS my comment to you was that you would rejoice when the kurds and the people of iraq get shitted on. and while you may rejoice at the defeat of the american and british armies i find it very disturbing that you would be happy with the idea of tens of millions of people being shitted on as you say. you know you find it very easy to tell people like me and Enigma (just to name one amongst many) that we are not leftists etc.. the vast majority of people on this site agree with you with regards the occupation of iraq but at least they have SOME hope that the people of iraq dont suffer. you dont seem to give a shit!!! and you have the ordasity to tell ME (and others) that we are not leftists!!

my time is too precious to waste talking to the likes of you, i have better things to do than talk to you.

you may continue with your insults towards me and the people of iraq, they will and do fall on deaf ears!

;)

[redstar2000]

Nice rant. :blink:

It would have been more effective if you had used a spell-check program. No one's ever accused me of "ordasity" before. :lol:

Typically, you avoided matters of substance and took refuge in "hurt feelings" and insult.

As it happens, I know the odious Enigma is not a leftist and I am developing the same estimate of you.

As I read your posts, your main concerns appear to be (in order of importance): 1. the welfare of your family in Iraq; 2. the welfare of the Kurds; 3. the welfare of other Iraqis except those who supported Hussein; 4. all other matters.

There's nothing terribly unusual about that sense of priorities...it just doesn't have anything to do with "leftism" in any reasonable sense of the word.

You have no sense of the role of U.S. and British imperialism in the world today; just pious "hopes" that they will be "nice" to your family, the Kurds, and other anti-Hussein Iraqis (in that order).

However one wishes to characterize that point of view, it's not leftist at all.

On the other hand, it will look good on your resume if you want to get a job working for the Occupation Authority. (Just as Enigma could use all of his posts on this board if he wanted to work for the British Foreign Office.)

:redstar2000:

The Redstar2000 Papers (http://www.redstar2000papers.vze.com)
A site about communist ideas

[Sabocat]

Yeah. Terrific. A constitution laid down by people not elected and primarily drawn from Paul Bremer's notes. Great. Go democracy go.

The Iraqi constitution is a complete sham. U.$. authorities and generals have even stated that without the coalition troops, the constitution wouldn't last a week.

[hawarameen]

so your resorting to mocking my spelling?? the years of education i missed while fleeing saddam have definately taken their toll. so do you think your superior to me in some way beacause your spelling is better?

Note: you still dont deny that you dont give a shit about the iraqi people and if your idea of humanity is hoping that millions die in order for you to be right then you lack more education than me.

where did i mention my family in ANY of my post?? (you going abit shortsighted?) my main concerns are for the millions of iraqis, not how much money there is to be made (which is your main concern).

you are a VERY lonely old man RS and the only racist tollerated on this site

[Morpheus]

Why would anyone think that the same people who supported Saddam through his worst atrocities would be at all concerned with the establishment of a representative government with a high degree of civil liberties that doesn't regularily violate human rights? If they cared about that they would never have backed Saddam in the first place.

http://i.cnn.net/cnn/2002/US/09/30/sproject.irq.regime.change/rumsfeld.80s.jpg
Rumsfeld & Saddam shaking hands, circa mid-80s.

[MiniOswald]

First off hawarameen and redstar2000 put the claws away you krazy pair of mad men!
Anyways Kurdistan could not break away and become an independant state as there are shi'ites and all them other types of muslims pouring in from the neighbouring states and they want iraq as a whole and if people try and break away, fights will break out, then iraqi police join in and then america drop a depleted urainium bomb on them all

It also cannot realistically stay within iraq yet have self government, as the kurds are favoured by the occuping forces this would cause envy from people like the shi'ites and could result in further attacks that only gives the people that are trying to create civil war more power.

As to a soloution, hell I dunno Im just a 15 yr old from up north how should I know how to fix arabs!