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Fact Sheet: The Annex to the TAL
Overview
The last act of the Governing Council before it dissolved itself on 1 June was
to approve the Annex to the TAL. The Secretariat has today released the TAL
Annex.
The TAL Annex sets out the structure and powers of the Interim Iraqi Government,
the IIG. It contains legal provisions that apply specifically to the IIG.
The Government that takes power on 30 June will exercise full governance
authority as the sovereign power for the State of Iraq.
The IIG will have the power to conclude international agreements in the areas of
diplomatic relations and economic reconstruction, including Iraq’s sovereign
debt. However, it will not be able to amend the TAL. The Annex also states that
the IIG, 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.
The IIG will operate under the TAL and its Annex. The TAL provides an historic
bill of rights for the Iraqi people and a roadmap to a permanent constitution in
2005.
The TAL and CPA orders
Article 26(C) of the TAL states: “The laws, regulations, orders and
directives issued by the Coalition Provisional Authority pursuant to its
authority under international law shall remain in force until rescinded or
amended by legislation duly enacted and having the force of law.”
According to the TAL Annex, the Council of Ministers, with the
unanimous approval of the President (and with the absence of a veto by the
Interim National Council), may “issue orders with the force of law that will
remain in effect until rescinded or amended by future Iraqi governments.” In
the drafting process, it was clear that the Iraqis intended to give the Iraqi
Interim Government the power to modify Iraqi law, including CPA regulations,
orders and memoranda.
The difference between the Interim Government and the Transitional Government
described in the Transitional Administrative Law (TAL):
The Iraqi Interim Government takes power on 30 June. It will serve
for only seven months, until a new Transitional Government is chosen through
democratic elections to be held as soon as possible and no later than 31 January
2005.
The Iraqi Interim Government was chosen by Iraqis through a
consultation process led by the United Nations.
Key Facts on the Structure and Powers of the Interim Government as described in
the TAL Annex
Framework for the Interim Government
The Iraqi Interim Government will take power on 30 June and will
dissolve when the Iraqi Transitional Government is formed. The Transitional
Government will be chosen through a process of democratic elections to be held
no later than 31 January 2005.
The Iraqi Interim Government will consist of a President, two Deputy
Presidents and a Prime Minister leading a Council of Ministers. The new
government will also include an Interim National Council composed of Iraqis who
reflect Iraq’s diversity, and a Judicial Authority.
The Presidency
The President and the two Deputy Presidents will form a Presidency
of the State that represents the sovereignty of Iraq and oversees the higher
affairs of the country. The Presidency will have ceremonial functions and must
unanimously approve orders issued by the Council of Ministers before they can
become law.
The Prime Minister and Council of Ministers
The PM will have day-to-day responsibility for the management of the
government. Iraq’s ministers, who will oversee the ministries, will report to
the PM. The government will be responsible for improving security, promoting
economic development and for the important process of preparing for democratic
elections in January 2005.
The Council of Ministers, with the unanimous approval of the
Presidency, may issue orders or decrees with the force of law. The Interim
National Council can veto these orders or decrees by a two-thirds majority vote.
The Supreme Commission, National Conference and Interim National Council
The Supreme Commission will consist of approximately 60 respected
Iraqi leaders, including representatives from the provinces, former members of
the Governing Council and other distinguished Iraqi citizens.
The Supreme Commission will convene a National Conference of at
least 1,000 people, to engage in a genuine national dialogue on the country’s
challenges. The National Conference will be held during July and will bring
together Iraqis representing every province in the country, political parties,
tribal leaders, trade and professional unions, universities and religious
leaders, among many others.
The National Conference will choose an Interim National Council of
100 members. The Interim National Council will help and oversee the government
and will have other substantive powers specified in the TAL Annex. It will be
able to hear the views of citizens, advise and question the government on
policy, form committees and veto orders or decrees from the Council of Ministers
by a two-thirds majority vote. It will also have the authority to appoint
replacements to the Presidency in the event that a member of the Presidency dies
or resigns, and it will have the right to approve the 2005 Iraqi national
budget.
The Judicial Authority
As set out in the TAL, the Judicial Authority is independent of the
executive branch of government. The federal judicial branch will include a
Federal Supreme Court, a Court of Cassation, Courts of Appeal, the Central
Criminal Court of Iraq, and existing courts outside the Kurdistan region. In
addition, there will be a Higher Juridical Council that will supervise the
federal judiciary and administer its budget.
The Powers of the Interim Government
Unlike the Transitional Government, the Interim Government does not
have an elected legislature. At the request of Iraqis, because the Interim
Government is not elected, its powers in certain areas are different.
The Interim Government will have the power to conclude international
agreements in the areas of diplomatic relations and economic reconstruction,
including Iraq’s sovereign debt. However, it will not be able to amend the TAL.
The Annex also states that the IIG, 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.
The Interim Government will operate under rules defined in the TAL,
including its Annex. The TAL provides an historic bill of rights for the Iraqi
people and a roadmap to a permanent constitution in 2005.
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