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[casi] Agreement on formation of Iraq's new government

Saturday, November 15, 2003

Agreement on formation of Iraq's new government

The Associated Press

(11-15) 14:37 PST (AP) --
The agreement between the U.S.-led coalition and the Iraqi Governing Council
on the formation of Iraq's new government.

1. The "Fundamental Law." To be drafted by the Governing Council in close
consultation with the Coalition Provisional Authority. 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

* 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 Feb. 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
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 five individuals appointed by the Governing Council, five
appointed by the Provincial Council, and one 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 governorates
percentage of Iraq's population.
The Transitional National Assembly will be elected no later than May 31,

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

* 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 Dec. 31, 2005, at
which point the Fundamental Law will expire and a new government will take

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