UPDATE ON TRANSITION TO A SOVEREIGN IRAQI GOVERNMENT

UN Security Council Resolution 1546 was adopted on 8 June, recognising the transfer on 30 June of authority from the present governing arrangements under the CPA to a sovereign Interim Iraqi Government (IIG) and providing a mandate for continued international assistance. The Resolution provides for:

- Parameters for a UN role to assist in: convening the national conference; holding elections; promoting a national dialogue; building consensus for a constitution; traditional UN work in humanitarian aid and human rights

- A mandate for the Multi-National Force (MNF) to remain in Iraq in full partnership with Iraqi Security Forces and dependent on Iraqi consent for its presence

- Disbursement of oil revenues and DFI funds at the discretion of the IIG
- Re-affirmation of the IAMB's monitoring role over the DFI
- The IIG to coordinate international assistance, negotiate with IFIs and on debt, and (120 days after transition) authenticate delivery of goods under former OFF contracts for the release of related funds

- Partial lifting of the arms embargo, for MNF and Iraqi government use
- A review date for this mandate of 12 months, or earlier at the request of the IIG
- A timetable for transition to an elected sovereign Iraqi government

IMPLICATIONS

With the handover of full authority, the IIG will take over many of the responsibilities accorded to the CPA, including powers to agree new contracts, for which the relevant ministry will be responsible. The IIG is expected to outline its priorities by 30 June.

NEXT STEPS

The UNSCR sets the scene for a sovereign Iraqi government to continue progress towards establishing a permanent elected government. The next steps are:

- Announcement of appointments to the Supreme Preparatory Commission for the National Conference
- Election of Interim National Council at National Conference (July)
- National elections for a Transitional National Assembly (by 31 January 2005), responsible for forming a Transitional Government and drafting a constitution as the basis for full elections for a new, elected government (by December 2005)

GOVERNMENT STRUCTURE

The IIG consists of the Presidency of the Council and the Council of Ministers. The Head of State is President Ghazi al-Yawr, supported by two deputies. The Presidency is mainly ceremonial, but must unanimously approve orders issued by the Council. Prime Minister Iyad Allawi leads the Council, overseeing government administration. A list of the 26 Ministers appointed on 1 June, who have taken office, is on the CPA website: www.iraqcoalition.org/pressreleases/20040602_government_list.html. The 12 remaining CPA-administered Ministries will come under full Iraqi control on 30 June.

The role of the IIG is to provide security, promote economic development and prepare elections for a permanent government. The IIG can issue orders governing day-to-day policy, however, at their own request, the TAL Annex includes a self-denying clause stating that the IIG cannot take decisions which would prejudice the constitutional process set for 2005. As an unelected body, the IIG cannot modify the TAL or its Annex.

An Interim National Council (INC) will be created in July with a remit to promote a national dialogue, advise and monitor the executive branch, power of veto over orders, and approval of the national budget. Representatives of Iraq's religious, ethnic and regional groups will be elected to the 100-member INC at a National Conference.

The judicial branch of the IIG will be as set out in the TAL, including a Federal Supreme Court, the highest court of the land, with the authority to resolve constitutional disputes.

ELECTIONS

On 4 June, the UN announced appointments to the Independent Electoral Commission of Iraq (IECI), which will oversee the electoral process. Elections to be held by 31 January 2005 will replace the IIG with a new legislature, the Transitional National Assembly, which will elect a Presidency and approve an executive for the Transitional Government.

Once the National Assembly has been elected, it may take certain long-term decisions, e.g. oil investment. The Assembly will draw up a constitution which must be consulted on by August 2005, going to referendum by October 2005, and leading to elections by December 2005 for a new elected sovereign Iraqi Government.

Iraq Unit
Bay 862, Kingsgate House
London SW1E 6SW
Tel: 020 7215 8893
Fax: 020 7215 4973
E-mail: iraqunit@uktradeinvest.gov.uk
Website: www.uktradeinvest.gov.uk

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