Limits on Transfer of power to Iraq
Brian B | 29.06.2004 00:13 | Anti-militarism
Facts ignored by tonights Channel 4 News (and probably other news outlets going along with the view that full sovereignty has been transferred), in their news report tonight showing that power has not completely been transferred. Much time was spent mulling over US military casualties and providing a propaganda opportunity by interviewing Tony Bliar. In the interview Jon Snow asked some good questions but allowed Tony Bliar to get away with the fact that he is now using a completely different justification for the invasion (threat of terrorism following 9/11 and "I see the threat of terrorism in a broader way" when questioned on how that relates to Iraq).
From Coalition Order 100 (CPA website
http://www.cpa-iraq.org/) passed on 28 June and signed by Paul Bremer:
"Reaffirming that the laws, regulations, orders, memoranda, instructions and directives of the CPA remain in force unless and until rescinded or amended by legislation duly enacted and having the force of law, as set forth in Article 26(C) of the Law of Administration for the State of Iraq for the Transitional Period ("TAL").
From the Section 1 of the Annex to the TAL (Transitional administrative law) :
"The Government, as an interim government, will refrain from taking any actions affecting Iraq’s destiny beyond the limited interim period. Such actions should be reserved to future governments democratically elected by the Iraqi people."
http://www.cpa-iraq.org/government/TAL_Annex.html
From Section 2 of the Annex to the TAL:
"Members of the Interim National Council will be chosen by a National Conference that will meet in Baghdad during the month of July 2004. The Conference will be organized by a High Commission, which will include members of the Governing Council without other governmental positions, representatives from the regions and governorates, and other distinguished Iraqis known for their capability and integrity. The Interim National Council itself will be comprised of 100 members, and will include members of the Governing Council mentioned above."
http://www.cpa-iraq.org/government/TAL_Annex.html
According to this, previous members of the US-appointed Governing Council will now be part of a 100-strong set of advisors to the new Government. This National Council will also have the power to veto executive orders from the new Presidency (President + two Deputy Presidents).
From the TAL itself:
"Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law."
http://www.cpa-iraq.org/government/TAL.html
As far as I can tell this means that since the Iraqi Transitional Authority only comes into effect after full elections then none of the current laws can be rescinded by the Iraqi Interim Government.
From Coalition Order 100 (CPA website
http://www.cpa-iraq.org/) passed on 28 June and signed by Paul Bremer: "Reaffirming that the laws, regulations, orders, memoranda, instructions and directives of the CPA remain in force unless and until rescinded or amended by legislation duly enacted and having the force of law, as set forth in Article 26(C) of the Law of Administration for the State of Iraq for the Transitional Period ("TAL").
From the Section 1 of the Annex to the TAL (Transitional administrative law) :
"The Government, as an interim government, will refrain from taking any actions affecting Iraq’s destiny beyond the limited interim period. Such actions should be reserved to future governments democratically elected by the Iraqi people."
http://www.cpa-iraq.org/government/TAL_Annex.html From Section 2 of the Annex to the TAL:
"Members of the Interim National Council will be chosen by a National Conference that will meet in Baghdad during the month of July 2004. The Conference will be organized by a High Commission, which will include members of the Governing Council without other governmental positions, representatives from the regions and governorates, and other distinguished Iraqis known for their capability and integrity. The Interim National Council itself will be comprised of 100 members, and will include members of the Governing Council mentioned above."
http://www.cpa-iraq.org/government/TAL_Annex.html According to this, previous members of the US-appointed Governing Council will now be part of a 100-strong set of advisors to the new Government. This National Council will also have the power to veto executive orders from the new Presidency (President + two Deputy Presidents).
From the TAL itself:
"Except as otherwise provided in this Law, the laws in force in Iraq on 30 June 2004 shall remain in effect unless and until rescinded or amended by the Iraqi Transitional Government in accordance with this Law."
http://www.cpa-iraq.org/government/TAL.html As far as I can tell this means that since the Iraqi Transitional Authority only comes into effect after full elections then none of the current laws can be rescinded by the Iraqi Interim Government.
Brian B
Comments
Hide the following 3 comments
Iraq gets free election in January
29.06.2004 12:22
commentator
er
29.06.2004 12:57
1) Many media stories did discuss the fact that the 'coalition' forces were still going to be in Iraq and that questions of control and chain of command had yet to be resolved. So there was an awareness that the passing of sovreignty is not absolute, and I am sure most people have the intelligence to realise that.
2) The basic question of whether the new Iraqi government to be elected next year will have the authority to boot out the coalition soldiers if they wish. Until that power exists then how can the government of Iraq be truely said to be in control. History has shown many such examples of 'occupying powers' where soldiers from one country serve in another which is nominally independent. These countries are consistantly refered to as puppet states by historians, so why would Iraq, under the same conditions, be any different.
As for free elections, this does not just refer to the ability to vote, but also to the ability for any candidate to stand - watch out for 'veting' of candidates.
FtP
re: er
29.06.2004 19:23
I have also not disagreed that there will be election on or before January. That's obviously not in dispute. The issue is that it is not currently full sovereignty. At the same time a lot of hot air is being passed about 'power handover', 'occupation ending', and 'full sovereignty'. Robert Fisk discusses this in his article today in the Independent.
Brian B