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Iraqi Council Signs Interim Constitution
Yahoo News ^ | 8 MAR 04 | HAMZA HENDAWI

Posted on 03/08/2004 5:33:53 AM PST by tomakaze

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Middle East - AP

Iraqi Council Signs Interim Constitution
AP

22 minutes ago

By HAMZA HENDAWI, Associated Press Writer

BAGHDAD, Iraq - Iraq (news - web sites)'s Governing Council signed a landmark interim constitution Monday after resolving a political impasse sparked by objections from the country's most powerful cleric. The signing was a key step in U.S. plans to hand over power to the Iraqis by July 1.

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Before an audience of prominent Iraqi and American civilian and military officials, including the top administrator in Iraq, L. Paul Bremer, the 25 council members signed the document on an antique desk once owned by King Faisal I, Iraq's first monarch.

Council president Mohammed Bahr al-Ulloum called the signing a "historic moment, decisive in the history of Iraq."

"There is no doubt that this document will strengthen Iraqi unity in a way never seen before," said Massoud Barzani, a Kurdish leader on the council. "This is the first time that we Kurds feel that we are citizens of Iraq."

But there were signs that a dispute that delayed plans to sign the constitution on Friday might surface again. Council member Ibrahim al-Jaafari read a statement signed by 12 of the 13 Shiite council members that said they agreed to sign the interim constitution without demanding changes in order to safeguard national unity. Last week, bombers carried out deadly attacks on Shiite pilgrims in Baghdad and Karbala.

Several Shiite council members said a clause that was in dispute, which would give Kurds more power, will be subject to further negotiations. They said the clause might be amended in an addendum to the interim constitution that is expected to be issued next month to decide the shape and functions of an interim government that will take over from the U.S.-led coalition on June 30.

The signing came nine days after a deadline set in a U.S. timetable. The delay was caused by a mourning period following bomb attacks on Shiite shrines, as well as political wrangling on the U.S.-picked council. The impasse strained relations between Sunni, Shiite and Kurdish leaders and highlighted the power of Iraq's Shiite clergy.

The charter — which includes a 13-article bill of rights, enshrines Islam as one of the bases of law and outlines the shape of a parliament and presidency as well as a federal structure for the country. It will remain in effect until a permanent constitution is approved by a national referendum planned for late 2005.

About an hour before the signing ceremony began, insurgents fired mortar shells at two police stations in central Baghdad, injuring four people, including one policeman, Iraqi officials said.

Iraqi and U.S. officials still must agree on a method to create the government that will take power on June 30 and serve until national elections due by Jan. 31 — a task that will likely need help from the United Nations (news - web sites).

Monday's ceremony was a sign of unity after a similar ceremony planned for Friday fell apart when five of the council's 13 Shiite members refused to sign the document because Grand Ayatollah Ali al-Husseini al-Sistani objected to a key clause requested by the Kurds. The last-minute disruption embarrassed U.S. coalition officials and angered others on the council who saw as it as a Shiite attempt to grab more power.

After urgent talks over the weekend, al-Sistani signaled to the five Shiite dissenters that he would not oppose the constitution despite his reservations, and the document was signed Monday without changes.

"We must put the interests of our nation above all of our interests. The world is waiting and expecting us to work in the service of our nation," Bahr al-Ulloum told council members in a meeting Monday before the signing. The members then unanimously approved the document with a show of hands.

Bremer will endorse the document in a separate letter congratulating the council members, who include 13 Shiites, five Kurds, five Sunni Arabs, a Christian and an ethnic Turk.

Al-Sistani's opposition focused on a clause in the draft that gave Iraq's Kurdish minority the power to veto a permanent constitution even if the Shiite majority approved it in the referendum.

The disputed clause in the draft said that the referendum on the permanent constitution would fail if two thirds of the population in any three provinces reject it — even if it gains a majority nationwide. The Kurds, who control Iraq's three northern provinces, wanted the clause to ensure that no charter could be passed that encroaches on their self-rule region in the north.

Al-Sistani, however, said the clause gave a minority an unfair veto over the majority's will, Shiite officials said.

 

The intervention by the powerful 75-year-old cleric angered Sunnis and Kurds, who refused to change the draft. Throughout negotiations on the charter in past weeks, some council members have complained that Shiites on the council repeatedly went back on agreements because of al-Sistani's opinions.

"To say that the Shiite religious leadership is now meddling in politics is to understate the case," said senior politician Naseer Kamel al-Chaderchi, a Sunni Arab council member. "The majority must not be allowed to usurp the rights of others."

The Shiites' decision Sunday to go ahead with signing the charter as is — even though al-Sistani still had reservations — appeared to be a recognition of the bitterness the dispute was raising among other members.


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KEYWORDS: iraq; iraqiconstitution
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To: Jeff Head
Well said. I cannot add anything to it -- I can only join in your prayer.
21 posted on 03/08/2004 7:03:47 AM PST by r9etb
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To: tomakaze
Today: March 08, 2004 at 5:20:39 PST

Summary of Iraq's Interim Constitution


ASSOCIATED PRESS

BAGHDAD, Iraq (AP) -

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.

--

22 posted on 03/08/2004 7:29:17 AM PST by Ernest_at_the_Beach (The terrorists and their supporters declared war on the United States - and war is what they got!!!!)
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To: Jeff Head
Bump
23 posted on 03/08/2004 7:36:03 AM PST by Barnacle (There’s a wee bit of Irish in everyone... Everyone, but John Kerry.)
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To: nuconvert
No. The lead story will be "...still a quagmire with no exit stategy, blah, blah, blah..."
24 posted on 03/08/2004 7:49:11 AM PST by airborne (lead by example)
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To: Ragtime Cowgirl
Independence Day ~ Bump!

We are winning ~ the bad guys are losing ~ trolls, terrorists, democrats and the mainstream media are sad ~ very sad!

~~ Bush/Cheney 2004 ~~

25 posted on 03/08/2004 8:27:49 AM PST by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: Jeff Head
Let's all hope that they can abide by their Constitution better than us!
26 posted on 03/08/2004 8:31:45 AM PST by Chapita (There are none so blind as those who refuse to see! Santana)
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To: Guillermo
Hey, remember Saddam was elected with 100% of the vote.

And that's a lot more than Bush got.

27 posted on 03/08/2004 8:35:18 AM PST by js1138
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To: Jeff Head
"Make no mistake, the liberals are chagrined by this, they were hoping it would not happen. They are not the friends of liberty, only of themselves." -- what a shame (and worse) that they cannot simply rejoice when something GOOD occurs!
28 posted on 03/08/2004 9:33:14 AM PST by cyn (www.terrisfight.org)
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To: Jeff Head
One more (and an "Amen" bump to you!):

Iraq's Governing Council Signs Bill of Rights
 
     BAGHDAD, Iraq, March 8, 2004 -- This morning, the 25 members of Iraq's Governing Council signed the Transitional Administrative Law or bill of rights.

      About 450 prominent attendees, including government and elected officials, business leaders, and foreign diplomats, attended the ceremony which included a reading from the Koran, children singing, and an appearance by the Baghdad Symphony Orchestra.

      Coalition Provisional Authority officials said the bill of rights is an important milestone on the road to Iraq's return to sovereignty. 

 ~ http://www.defendamerica.mil/


29 posted on 03/08/2004 9:44:44 AM PST by Ragtime Cowgirl ("(We)..come to rout out tyranny from its nest. Confusion to the enemy." - B. Taylor, US Marine)
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To: Jeff Head
Jeff, obviously I'm heartened by this development. But as Daniel Pipes on FOX pointed out today, Iraq had a very good constitution in 1992, including prohibitions against arbitary arrest, etc.

I think as a Christian we have to understand that the BEST we can ever expect from non-Christian/"heathen" countries is that God would provide periods of "peace" (i.e., non-warfare) although true peace ("shalom") can never be attained. God protected Babylon during the time Neb. had the Jews in captivity, and even blessed Babylon. So I hope that this constitution and the development of a constitutional/legal structure in Afghanistan will give us this temporary peace that can last for generations.

30 posted on 03/08/2004 10:04:20 AM PST by LS (CNN is the Amtrack of news.)
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To: tomakaze; Salem; MeekOneGOP; Dubya; SJackson; dennisw
We can only hope . . and PRAY!
31 posted on 03/08/2004 10:06:24 AM PST by Happy2BMe (U.S.A. - - United We Stand - - Divided We Fall - - Support Our Troops - - Vote BUSH)
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To: tomakaze; LS
DoD:

8 Iraqi Governing Council Signs Interim Constitution ~ DoD-AFPS | 3/08/04 | Donna Miles

Freedom from Saddam's thugs killing your baby in front of you if your young son accidentally tells a neighborhood 'minder'/bully that daddy disagrees with Saddam.

This is NOT Saddam Hussein's Iraq, nor any supposed Constitution (think 100% voter turnout FOR Saddam) that existed under Saddam Hussein's deceitful, destructive rule!

32 posted on 03/08/2004 10:46:24 AM PST by Ragtime Cowgirl ("(We)..come to rout out tyranny from its nest. Confusion to the enemy." - B. Taylor, US Marine)
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To: Happy2BMe
Yay ! Finally !


33 posted on 03/08/2004 11:45:21 AM PST by MeekOneGOP (The Democrats say they believe in CHOICE. I have chosen to vote STRAIGHT TICKET GOP for years !!)
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To: Jeff Head
Thanks for the ping.
34 posted on 03/08/2004 12:24:05 PM PST by Badray (Make sure that the socialist in the White House has to fight a conservative Congress.)
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To: Jeff Head
Thanks for the ping.
35 posted on 03/08/2004 12:24:13 PM PST by Badray (Make sure that the socialist in the White House has to fight a conservative Congress.)
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To: Jeff Head
This is wonderful news, Jeff. Do you suppose that the Iraqi's, when they prayed to Allah for freedom, expected it to be brought to them in the form of a bunch of Christian 20 year olds wearing uniforms of the United States of America?

God Bless America. God Bless Iraq. God loves freedom.

36 posted on 03/08/2004 12:25:18 PM PST by AuntB (Petition to reform SSdisability: http://www.PetitionOnLine.com/SSDC/petition.html)
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To: Jeff Head
"Make no mistake, the liberals are chagrined by this, they were hoping it would not happen. They are not the friends of liberty, only of themselves."

No question about it. You just know that the media propaganda ministry is going to be burning the wood between their ears trying to find a way to spin this backward.

37 posted on 03/08/2004 5:27:55 PM PST by editor-surveyor ( . Best policy RE: Environmentalists, - ZERO TOLERANCE !!)
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To: editor-surveyor
In their screwed up minds, liberals hate freedom and democracy cause it means zip when they don't run the show.
38 posted on 03/08/2004 5:29:55 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Ragtime Cowgirl
Bump!
39 posted on 03/08/2004 7:49:05 PM PST by windchime (Podesta about Bush: "He's got four years to try to undo all the stuff we've done." (TIME-1/22/01))
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To: Jeff Head
Make no mistake, the liberals are chagrined by this, they were hoping it would not happen.

......liberals would rather see something bad for America arise from all of this. Yet again, another warning sign about their intentions.

40 posted on 03/08/2004 7:54:00 PM PST by He Rides A White Horse
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