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Iraqi Interim Government

The Transitional Administrative Law (TAL) was signed on March 8, 2004 by the Interim Governing Council (GC) of Iraq and will be the Supreme Law of Iraq during the transitional period. The TAL sets out a path for the establishment of a representative and sovereign Iraqi government that protects fundamental rights and provides a stable political structure. The TAL will expire once a government is elected under a permanent constitution and takes office, which will happen no later than December 31, 2005. The first phase of the transitional period began on 30 June 2004 when an Iraqi Interim Government was vested with full sovereignty, and the Coalition Provisional Authority was dissolved. The Iraqi government will govern according to the TAL and an annex issued before the beginning of the transitional period. The second phase begins when the Iraqi Transitional Government takes office after the elections of the National Assembly. These elections are to take place by December 31, 2004, but no later than 31 January 2005. See Attachment 1 for the TAL.

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 TAL ensures that 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; and to file grievances against officials when these rights have been violated.

The Transitional Iraqi Government, as stipulated by the TAL, has 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.

On 28 June 2004, the Coalition Provisional Authority dissolved and full governmental authority was transferred to the sovereign Iraqi Interim Government (IIG). Resolution 1546 of the United Nations Security Council formally recognised the assumption of full authority by the IIG. Phase I of the transition involves Iraq's current interim government, lead by Prime Minister Iyad Allawi. He heads a cabinet of 26 ministers, and is advised by the Iraqi National Council.

An early priority for the IIG is to establish security in Iraq, with the help of the Multinational Force - Iraq (MNFI), in which the Australian Defence Force is participating. The MNFI is in Iraq at the request of the IIG, under a United Nations Security Council mandate, and cooperates closely with the IIG on Iraqs national security. Iraqs new security forces are undergoing intensive training Iraq, and are steadily assuming greater responsibility for security across the country.

The IIG exercises the full sovereignty of the State of Iraq. Its powers are defined in an annex to the Transitional Administrative Law (TAL), adopted by the Iraqi Governing Council in March 2004. The TAL also guarantees basic human rights for all Iraqis, regardless of ethnicity, religion or gender.

The IIG's primary responsibility is to administer Iraqs affairs, in particular by providing for the welfare and security of the Iraqi people, promoting economic development and preparing Iraq for national elections for an Iraqi Transitional Government, scheduled to take place no later than 31 January 2005. The IIG has the power to conclude international agreements in the areas of diplomatic relations and economic reconstruction, including Iraqs sovereign debt. The IIG will not be able to amend the TAL or to enter into agreements which permanently alter the destiny of Iraq. The Iraqi people have made clear that only an elected government should have such powers.

The elected Transitional Government will draft a new national constitution, to be submitted to the Iraqi people for approval in a referendum. When the new constitution is in place, fresh national elections will be held for a permanent Iraqi government, by the end of 2005.

The IIG works alongside the 100-member Interim National Council, chosen by a national political conference in August 2004. The conference, attended by 1,200 Iraqis representing a broad range of ethnic, religious and tribal groups and including 275 women, was a clear demonstration of democracy in action and an important transitional step. The National Council works to promote national dialogue and consensus, and will monitor the work of the IIG.

The Transitional Legislative Authority will be vested in a National Assembly, which will pass laws and select and oversee the work of the executive authority. The National Assembly will be elected 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 elected Assembly will have 275 members and will be responsible for drafting the permanent constitution. The proposed constitution will be submitted to the public in a referendum 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.

The Transitional Executive Authority will consist of the Presidency Council and the Council of Ministers, including the Prime Minister. The Presidency Council will represent the sovereignty of Iraq and 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. The Prime Minister and the Council of Ministers will be confirmed in a vote of confidence by the National Assembly and will oversee the day-to-day management of the government.

Iraq's first parliament was constituted in 1925 with a Senate and a Chamber of Deputies. This parliament was disbanded after the overthrow of the monarch in 1958. Iraq's most recent national level legislative institution, a unicameral National Assembly of 250 members, was created in 1980. Candidates for the National Assembly were approved by a government-appointed election commission, thereby ensuring Baathist control over the candidates. Plenary sessions were generally held two times a year for approximately one month each session. The National Assembly's authority was extremely limited and consisted mainly of ratifying laws and decisions made by the executive. Public participation, active representation, policy-making, effective lawmaking, oversight, and other universally-accepted functions characteristic of a strong and democratic legislative system were weak or nonexistent.

Although the legislative body was still months away from beginning its work, Baghdad had provided funds and direction to rebuild and renovate the destroyed and looted buildings of the National Assembly. Committee rooms were fitted to accommodate Assembly members and the public, public and press space is being developed, and offices were established for the Assembly leadership, committee staff, and the Secretariat. Site security had been significantly enhanced, while ensuring access for the public. Efforts continued to finalize a skeleton staffing plan which will provide sufficient administrative, professional and committee staff to assist the nascent assembly in its work.