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Last Updated: Tuesday, 18 November, 2003, 12:04 GMT
Timetable to handover

The "Agreement on Political Process" signed by the Iraqi Governing Council (IGC) and the Provisional Coalition Authority (CPA) in Baghdad on 15 November 2003 lays down the following process and conditions:

A summary

  • The IGC and the CPA will agree on a "fundamental law" laying down the timetable leading to an elected government and principles to be followed until a full constitution is drawn up. These principles will include provisions for human rights, a federal structure for Iraq and civilian control of the armed forces.

    The fundamental law will be agreed by 28 February 2004.

  • There will also be a security agreement between the IGC and the CPA on the continued presence of coalition armed forces. These will have "wide latitude to provide for the safety and security of the Iraqi people."

  • After the fundamental law is agreed, a National Committee of selected Iraqis will organise caucuses, that is meetings of selected delegates, in the 18 governorates around the country.

  • These caucuses will choose members of a Transitional National Assembly by 31 May 2004.

  • The Assembly will elect an executive and appoint ministers. These will make up the Transitional Administration to be formed by 30 June 2004.

    It will assume sovereign powers and the CPA will disband.

  • A Constitutional Convention will be elected directly by the people by 15 March 2005.

  • A constitution will be drawn up by the Convention and put to a referendum.

  • Elections for an Iraqi government will be held by 31 December 2005 on the basis on the new constitution.


The full text

Agreement on Political Process

1.The Fundamental Law

To be drafted by the Governing Council, in close consultation with the CPA. 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 forces.

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 February 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 people.

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 5 individuals appointed by the Governing Council, 5 individuals appointed by the Provincial Council, and 1 individual 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 governorate┐s percentage of Iraq's population.

The Transitional National Assembly will be elected no later than May 31, 2004.

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 debate.

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

[source: Coalition Provisional Authority]


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