1 / 13

Centre for Public, International and Comparative Law

Centre for Public, International and Comparative Law. SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland. Dr Ann Black and Professor Suri Ratnapala. IRAQ’S ROAD TO CONSTITUTIONAL DEMOCRACY Suri Ratnapala.

mick
Télécharger la présentation

Centre for Public, International and Comparative Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Centre for Public, International and Comparative Law SEMINAR ON IRAQ’S INTERIM CONSTITUTUTION 2 April 2004 T C Beirne School of Law University of Queensland Dr Ann Black and Professor Suri Ratnapala

  2. IRAQ’S ROAD TO CONSTITUTIONAL DEMOCRACY Suri Ratnapala

  3. Current Constitutional Position of Iraq • In mid-April 2003, forces under US-UK command completed its occupied Iraq. • As occupying powers US-UK are responsible for public order and safety in Iraq. (Art. 43 of the Hague Regs and 4th Protocol of the Geneva Convention of 1949.) • Sovereignty cannot be alienated - implies expeditious return to Iraqi self-government • Institutions can be changed only as necessary for public order • May 2003: Coalition Provisional Authority (CPA) is established and Paul Bremer is appointed the senior official.

  4. Security Council Resolution 1483 – 22.5.03 • Chapter VII resolution – binding on all nations • Re-affirmed Iraqi sovereignty and territorial integrity • Re-affirmed responsibilities of the occupying powers – recognises the CPA as interim administration • Asserts UN role in humanitarian aid, reconstruction and restoration of institutions for representative governance • Establishes the Development Fund for Iraq (assets of previous regime, 95% of oil revenue to go to this fund) • Provides for UN Special Representative to work with the Authority to establish an internationally recognised representative government

  5. Post RSC 1483 Developments • RSC 1483 entrenched existing arrangements subject to overriding authority of the SC • US-UK drew a wider mandate from its terms • Disbanded the Baath Party, the Iraq Army, Republican Guard and military courts • 13.7.03 – established the Governing Council of Iraq (GCI) with members from all major communities • Powers include appointing interim ministers, working with the CPA on policy and budgets, and establishing procedures to write a new constitution • Current government of Iraq is shared by the SC, the CPA, the GCI with the SC having legal superiority but the CPA having practical control

  6. Security Council Resolution 1511 of 16.10.03 • Unanimously passed • Affirms the principles of SCR 1483 • Determines that the Governing Council and its ministers are the principal bodies of the Iraqi interim administration • Authorizes a multinational force under unified command to maintain the security and stability in Iraq • Urges members states to contribute to this force • Commends the constitutional conference to draft interim constitution

  7. LAW OF ADMINISTRATION FOR THE STATE OF IRAQ FOR THE TRANSITIONAL PERIOD Unanimously adopted on 8 March 2004 by the Governing Council of Iraq with the approval of the Coalition Provisional Authority PRINCIPLES AND STRUCTURE

  8. TRANSITIONAL PERIOD AND BEYOND • T.P. Phase 1: From 30.6.04 (establishment of Iraqi Interim Government) to formation of Iraqi Transitional Government after elections to National Assembly to be held latest 31.1.05 • T.P. Phase 2: From formation of ITG to the formation of Iraqi Government under a Permanent Constitution drafted by the National Assembly and approved at the referendum • Draft Permanent Constitution must be submitted to referendum no later than 15.10.05 • DPC must be approved by a majority of Iraqi voters and must not be rejected by 2/3 of voters in 3 or more governorates.

  9. If the DPC is rejected at referendum, National Assembly is dissolved and elections for a new assembly must be held before 31.12.05 • New National Assembly to draft another Permanent Constitution • Until a Permanent Constitution is adopted, Iraq will be governed under the Transitional Constitution (Art 62) • Transitional Constitution may become de facto permanent

  10. Fundamental Features • Republican (Precludes a Hashemite return) • Federal • not based on race or faith but on geographic and historical realities • Regions, governorates and local authorities protected from Federal control (No dismissal except on criminal conviction) • Democratic • Separation of powers • Pluralistic (Secular?) • Libertarian (in the sense of judicially guaranteed individual rights)

  11. The Separation of Powers Legislature Power Executive Power Judicial Power Federal Supreme Court Presidency Council President and 2 Deputies – Must act unanimously National Assembly Veto by Presidency Council. Veto overridden by 2/3 vote within 30 days Court of Cassation Central Criminal Court PM & Council of Ministers responsible to NA Regional courts (original and cassation courts) Iraqi Special Tribunal (War Crimes and Crimes against Humanity)

  12. FEDERAL STRUCTURE • Kurdistan Region • National Assembly • Council of Ministers • Judiciary • KNA may amend • federal laws other • than on matters • under Arts 25 • and 43 D • Has control over its • on police and • Security forces • May impose taxes • Other Regions • 2 or 3 Governorates • may form a Region • With the exception of • Baghdad and Kirkuk • Governorates • Existing 18 Gs continue • Governorate Council • Governor • Cannot be dismissed by • Federal government Municipal and local Councils, Qada and Nahiya Councils

  13. LAW AND HUMAN RIGHTS • Arabic and Kurdish are official languages • Islam is official religion of State • A law is not valid if it contradicts: • Universally agreed tenets of Islam • Principles of democracy • The fundamental rights set out in Chapter 2 • Guarantees religious freedom to all • Chapter 2 guarantees civil and political rights – mirrors ICCPR • Right to private property guaranteed – may own real property anywhere in any region

More Related