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L. Paul Bremer, III
Administrator
Coalition Provisional Authority
Transitional Administrative Law
Baghdad
18 April 2004
Iraq has a future of hope. It is a future of freedom of religious belief and
practice, a future of elections, a future of constitutional democracy and a
future of the nation’s riches equitably shared among all Iraq’s people.
But Iraq’s democratic future is challenged by violent minorities. Groups old and
new such as the Republican Guard, the Mukhabarat, the Fedayeen Saddam and the
so-called Mahdi Army are trying to stop the process that leads to elections, to
a government that respects the rights of all. They want to shoot their way to
power.
They must be dealt with. And they will be dealt with in a manner that reduces
the loss of innocent blood to the minimum possible.
They will be dealt with because security is an indispensable element of progress
in Iraq, indeed, security is an indispensable element of civilization.
Security is primarily the responsibility of the Coalition. But security is also
the responsibility of the Iraqi people. Whether by direct enlistment in the
security forces or through the sharing of information with security forces,
almost all Iraqi families can to the security and progress of their country.
The forces of darkness hope to obstruct the path to Iraqi sovereignty, elections
and democracy. The vast majority of Iraqis want a peaceful, democratic Iraq. The
path to that Iraq has been well-defined.
The Transitional Administrative Law is the path to Iraq’s future of hope. The
Law is proof that Iraqis not only want, but are prepared to construct a country
based on the principles of individual liberty and democracy.
The Transitional Administrative Law was written by the Governing Council-- two
members of which, Dr. Seyyid Muhammed Bahr al-Uloom and Dr. Mowaffak al Rubaie,
are here with us today-- a diverse group of Iraqis whose interests were as broad
as this Land between the Two Rivers. Yet they found a way to reconcile all their
interests, to compromise. And in compromise we find the heart of tranquility, of
democracy of human respect and dignity for every person.
The Transitional Administrative Law provides for a seven-month interim
government, four national elections, and an elected transitional government with
plenary powers.
The Law guarantees a broad range of individual freedoms: the freedom of speech;
the freedom of peaceful assembly; the freedom of the press. And it provides for
an Iraq governed by the rule of law under an independent judiciary. The
Transitional Administrative Law recognizes Islam as the official religion of
Iraq, but provides protection for the religious beliefs and practices of all.
Finally, the law provides for constitution to be written by elected
representatives and presented to the Iraqi people for ratification.
Some have challenged the Transitional Administrative Law. They have raised
objections based on imperfect understanding. This has created misconceptions
about the Transitional Administrative Law.
One misconception is that the Transitional Administrative Law gives too much
power to an unelected government.
This is false because the unelected interim government, which will be in power
for only seven-months, is intended to look after the ordinary, day-to-day
affairs of government. That government will not have the authority to negotiate
treaties or to undertake long-term, binding commitments. The interim government
will not have the power to do anything which cannot be undone by the elected
government which takes power early next year.
Another objection to the law is that the provisions permitting two-thirds
majorities of any three governates to reject the draft permanent constitution is
a trick by the occupiers to keep Iraq from having a permanent constitution.
This too is false. Iraqi unity requires a constitution that all of Iraq’s
communities can support. It is a fundamental principle of democracy that the
constitution should provide for majority rule but also protect minority rights.
Preparing a constitution which is objectionable to an overwhelming majority of
the citizens of any three provinces would prevent a unified Iraq. This provision
of the Law will ensure that all groups work hard to agree before the
constitution is submitted for a national referendum.
A final misconception is that permitting the continued presence of Coalition
Forces proves the Law is bad.
Events of the past two weeks show that Iraq still faces security threats and
needs outside help to deal with them. Early this month the foes of democracy
overran Iraqi police stations and seized public buildings in several parts of
the country. Iraqi forces were unable to stop them.
If former members of the Republican Guards, the mukharabbat, the Fedayeen Saddam
and the Moqtada’s militia are to be prevented from shooting their way into
power, Iraq’s security forces must have help until they are fully equipped and
trained. This is what the Coalition intends to do.
But it is clear that Iraqi forces will not be able, on their own, to deal with
these threats by June 30 when an Iraqi government assumes sovereignty. Instead,
Iraq and troops from many countries, including the United States will be
partners in providing the security Iraqis need.
Nor is it true that the Transitional Administrative Law somehow ties the hands
of the government to be elected next year. That National Assembly will have the
freedom to write a constitution Iraqis support starting in February.
The Transitional Administrative Law is the path for the people of Iraq. It leads
to a future of hope, a future of democracy and a future of freedom and dignity.
In the coming weeks, the United Nations will return to Iraq to finish its
process of consultations with Iraqis about how to implement that future. UN
Envoy Lakhdar Brahimi, the Coalition, the Governing Council and the Iraqi people
will establish an Iraqi caretaker government capable of administering the
ordinary affairs of the country in the short period before elections in January.
This government will consist of a President, two Deputy Presidents, and a
Cabinet of honest, distinguished, and capable Iraqis.
Ambassador Brahimi is also considering convening a national conference of
prominent Iraqi citizens to be held in July. The conference would elect an
Advisory Council to provide guidance and wisdom to the new government. At the
same time, United Nations elections experts will work with Iraqis to ensure that
full, fair, and free national elections are well prepared.
This now is the way forward. First, we must all work together to restore
security to Iraq. This is a job for the Iraqi people as well as the Coalition.
Then, working under the framework set out in the Transitional Administrative
Law, Iraqis, the United Nations, and their Coalition allies will together build
a sovereign Iraqi that is secure, democratic, and free.
Mabruk al Iraq al Jadeed.
Aash al-Iraq!
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