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[ This message has been sent to you via the CASI-analysis mailing list ] While we're waiting to see the interim constitution (has anybody found a copy yet?), the text below may be of interest. It's from CPA order 62, passed on Monday, which provides for disqualification of electoral candidates deemed inappropriate by the CPA. I can understand (though not agree with) the case for eliminating some candidates on the grounds of, say, extreme corruption or criminality. But this law is particularly worrying because: i) removal of candidates is done by Bremer, without the need for consultation (except that the debaathification council decides who is a baathist) or transparency (barring a vague provision that "to the extent practicable, consistent with the CPA's responsibilities and authorities, teh Administrator should inform the public of his determinations and teh bases for them") ii) The CPA is under no obligation to impose these laws uniformly. In other words, any candidate can stand if he/she is popular with the powers that be. iii) the criteria for disqualification are so loose that they can easily be manipulated to remove candidates on the basis of preference. Elimination of candidates linked to genocide, etc. only requires that they be 'reasonably suspected' of crimes, Bremer can also remove anyone who "Has publicly espoused political philosophies or legal doctrines contrary to the domestic order and rule of law being established in Iraq." How this connects with the interim constitution I don't know. I assume there's some connection, but the order seems to have been drafted on Thursday, and the climax of constitutional negotiations didn't come until the weekend. It explicitly expires with the dismemberment of the CPA, but could well be renewed by the future goverment. Before the transfer of power, it could only apply to various local elections, either to remove or simply to intimidate candidates. Comments? Am I taking this too seriously? extract from CPA order 62: [http://www.cpa-iraq.org/regulations/20040301_CPAORD62.pdf] 1) When determined necessary for security and public order within Iraq, the Administrator of the CPA may disqualify an individual from participating in an election as a candidate for, or accepting a nomination to, or holding public office, at any level, if that individual: a) Has engaged in, ordered, or publicly incited violence against Coalition Forces or CPA personnnel; b) Was a full member of the Ba'ath Party [of certain ranks]; c) Is an agent of a foreign government; d) Has been convicted of a serious offense; e) Is reasonably suspected of having committed, participated in, ordered, or permitted war crimes, genocide, crimes against humanity, atrocities, or gross violations of human rights; or f) Has publicly espoused political philosophies or legal doctrines contrary to the domestic order and rule of law being established in Iraq. ------------ Daniel O'Huiginn firstname.lastname@example.org 07745 192426 01223 704075 M13, Queens College ------------ _______________________________________ Sent via the CASI-analysis mailing list To unsubscribe, visit http://lists.casi.org.uk/mailman/listinfo/casi-analysis All postings are archived on CASI's website at http://www.casi.org.uk