H ospitals & A sylums

Secretary SANDERS, US Ambassadors to Iraq and UN NEGROPONTE, BREMER, to UN CUNNINGHAM, HOLLIDAY, KENNEDY, SIV, DANFORTH

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Draft Report ? June 30, 2004; 12 Jumaada al-awal 1425

President Ghazi Ajil al Yawe, Prime Minister Ayad Allawi Governor Al-Shabibi of the Central Bank and Iraqi Transitional Government; the state of Iraq

Former President Saddam Hussein v. Applicant King Sharif Husseini; petitioners

Detainees, Refugees, Soldiers and Legislators Repatriated under the Law of Administr a tion for the State of Iraq for t h e Transitional Period, the Supreme law

§0 Na t i o n a l A b s t ract 2

§1 The Gov e r n i n g Council 3

§2 The Transitional Peri o d Accord i n g t o t h e Law of Administration 7

§3 Conditionally A ss u r i n g S a ddam H u s s ein (CASH) 11

§4 Constitutionally App o in t i n g S h a rif Husseini (CASH) 14

§5 Fu n d a n d D in a r (F a D) 21

§6 US Embassy (USE) Dissolves t h e C oalition Provisional Authority (CPA) 27

§7 Legisla t ed Offi c i a l Gazette (LOG) 30

§8 Debts & O il for Food ( D OfF) 32

§9 Hospitals & A s y l u m s T re a ty (HAT) 38

§10 War H i story & O p erations (WHO) 47

§11 Iraqi S ecuri t y (IS) 66

§12 UN Security Council R esol u tions (1990-2004) 68

§13 B i blio g ra p hy 82

§14 TEXT 1925 Constitution of the K ingdom of Iraq 88

§15 TEXT Interim Cons t ituti o n of 1990 (Ba’ath) 105

§16 Law of Administration for t h e Sta t e of Iraq for the Transitional Period 117

§17 Draft Permanent Constitution; New Iraq Constitutional Elections (NICE) 137

The Glories of Peace

They beat their swords into plowshares, and their spears into pruning-hooks; Nation shall not lift up sword against nation, neither shall they learn war any more. But they shall all sit under their own vines and fig trees and no one shall make them afraid[1]. MICAH 4:3

§0 National Abstract

OANDA5/3/ 0 4 Pre-1990 rates 1 US Dollar = 0.32236 Iraqi Dinar; 1 Iraqi Dinar (IQD) = 3.10212 (USD)1 Iraqi Dinar = 2.936 ECU(s) , 1 ECU = 0.368 Iraqi Dinar(s)

January 1, 2004: 1 US Dollar = 1,640 ID; 1 ID=0.0006098 USD May 12, 2004 Iraqi Dinar: 1 US Dollar = 1,460 ID; 1 ID=0.0006849 USD[2]

[3]National name: Jumhouriyat Al Iraq Former President: Saddam Hussein (1979) Area: 168,753 sq mi (437,072 sq km) Population (2002 est.): 24,001,816 (growth rate: 2.8%); birth rate: 34.2/1000; infant mortality rate: 57.6/1000; density per sq mi: 142 Capital and largest city (2000 est.): Baghdad, 4,850,000 (metro. area)Largest cities (est. 1987): Mosul, 664,221; Irbil, 485,968; Karkuk (Kirkuk), 418,624; Basra, 406,296 Monetary unit: Iraqi dinar Languages: Arabic (official) and Kurdish Ethnicity/race: Arab 75%–80%, Kurdish 15%–20%, Turkoman, Assyrian, or other 5% Religions: Muslim 97% (Shi'ite 60%–65%, Sunni 32%–37%), Christian or other 3% Literacy rate: 60% (1990) Economic summary: GDP/PPP (2000 est.): $57 billion; per capita $2,500. Real growth rate: 15%. Inflation: 100%. Unemployment: 25% Arable land: 12%. Agriculture: wheat, barley, rice, vegetables, dates, cotton; cattle, sheep. Labor force: 4.4 million (1989); Industries: petroleum, chemicals, textiles, construction materials, food processing. Natural resources: petroleum, natural gas, phosphates, sulfur. Exports: $21.8 billion (2000 est.): crude oil. Imports: $13.8 billion (2000 est.): food, medicine, manufactures. Major trading partners: Russia, France, Switzerland, China, Egypt, Vietnam[4]. Foreign Assistance: $18 billion remaining from the $20 billion US trust until 2006 supplemented with an estimated $5 billion in assistance from other governments for a 2004 foreign assistance total of $10 billion. State Finance: The Oil For Food Program continues to sell $10 billion a year of crude oil with the co-operation of the UN Security Council and is designed to merge with the program of the same name in Kuwait. Estimated Minimum Cost of Governance: The estimate cost of Governing the State of Iraq in 2004 is conveniently 20 billion USD, 6.5 billion IQD; 10 billion USD, 3.2 billion IQD for the state government and health and 10 billion USD in welfare relief to all Iraqis that would increasingly fund Iraqis who are determined to live below the poverty line of 1,000 IQD a year or suffer without income. As long as Iraq can levy 5 billion USD, 1.6 billion IQD in taxes a year the State of Iraq should have no difficulty making welfare payments this 2004. International Debt: The third Iraq war has restored Iraqi credit. To hasten the payment of 225 billion USD, 72.531 IQD in war reparations remaining since the down payment of 25 billion USD, 6.1 billion IQD in the Iraqi Reconstruction and Development Fund 2003-2006 the United States shall purchase Iraqi debts to Kuwait valued at 200 billion USD, 65 billion IQD by the UN Compensation Commission for only 5 billion USD, 1.6 billion IQD as evaluated by the CIA up to $10 billion, $3.2 billion IQD as Kuwait can largely afford to fix their own successful oil processing industry; Kuwait might consider trading for half ownership of oil refineries in Iraq that could be developed with US Aid and UN Security Council contract Finance: 25 billion USD, 8 IQD Trust till 2006, 25 billion, 8 billion IQD credit after 2007; the annual budget including oil revenues and taxes shall be roughly 20 billion USD, 6.4 billion IQD administrated 3.2 billion IQD to the state and 3.2 billion IQD to the people’s welfare. Oil revenues, taxes and long term Aid will afford Iraqis a much better standard of living.

§1 The Governing Council


A. The Governing Council was appointed by Coalition Provisional Authority Administrator L. Paul Bremer on July 13, 2003[5]. The 10th Summit of the Organization of Islamic Conferences t he Conference reaffirmed the need for all to respect Iraq’s sovereignty, political independence, national unity and territorial integrity. It stressed the right of the Iraqi people freely to determine their own political future and to have full control over its natural resources and to establish a broad-based and fully representative government, and the need to accelerate the restoration of the full sovereignty of Iraq. The Conference (a) called for the rapid withdrawal of foreign forces and the restoration of Iraq’s sovereignty, independence and freedom as soon as possible. This would enable the Iraqi people to safeguard their national unity, spare them sectarian, ethnic and denominational conflicts and help them control and harness their resources. We are also required to make a special effort to reconstruct what had been destroyed due to previous wars and years of economic sanctions and embargoes. (b) hailed the constitution of the Transitional Governing Council of Iraq on 13 July 2003 and the establishment of a cabinet as a step toward the achievement of this end that could be found only in the United Nations. (c) In Resolution 1511 (10/2003) The United Nations Security Council described the Council as “broadly representative and an important step towards the formation by the people of Iraq of an internationally recognized, representative government…”. The Council is composed of…


1. Dr Ebrahim Jafari Al Eshaiker
Main Spokesman of the Islamic Da’wah Party. Born in Karbala, educated in Mosul University as a medical doctor.

2. Dr Ahmad Chalabi
Head of the Iraqi National Congress (INC), mathematics professor and a businessman. Founder of the INC.

3. Ahmad Shya’a al-Barak General Coordinator for the Human Rights Association of Babel; Graduate of the Law Faculty, Babel University. Graduate of the College Management and Economy, Baghdad University. One of the tribal leaders of Al Bu Sultan tribe in Babel.

4. Dr Ayad Allawi Secretary General of the Iraqi National Accord. PhD in medicine. Started to oppose the dictatorial regime in the early 1970s and was in the forefront of efforts to organize opposition both within Iraq and abroad. He is now the Prime Minister

5. Dr Jalal Talabani
Jalal Talabani is Secretary General of the Patriotic Union of Kurdistan and a leading figure of the Iraqi democratic movement during the last 50 years.

6. Hamid Majeed Mousa Secretary of the Iraqi Communist Party since 1993. Born in Babil province. An economist and petroleum researcher. Left Iraq in 1978 and returned in 1983 to continue his political activities against the dictatorial regime

7. Judge Dara Nor al Din A Judge who as a member of the Court of Appeals, held one of Saddam’s edicts (confiscating land without proper compensation) unconstitutional. Was sentenced to 2 years in jail. Served 8 months at Abu Ghraib before being released in the general amnesty last October.

8. Dr Raja Habib Khuzai Head of maternity hospital in Diwanyia. Studied and lived in the United Kingdom from the late 1960s until 1977 when she returned to Iraq.

9. Samir Shakir Mahmood Sumaidy From the Al-Sumaidy clan with documented lineage from the Prophet Mohammed through Mousa Al-Khadhum. Ancestral lands located near Haditha in the Al-Anbar region. Writer, designer and entrepreneur. A prominent figure in the opposition to the Saddam regime.

10. Salahaddin Muhammad Bahaddin Elected as Secretary General of the Kurdistan Islamic Union in the first conference of the party in 1994, was reelected in the second and third conferences and still holds the post. Born in Halabja. Has written several books in Kurdish and Arabic.

11. Songul Chapouk
From Kirkuk and from the Iraqi Turkoman Community. A trained Engineer and teacher. She heads the Iraqi Women’s Organisation (based in Kirkuk) which aims to bring together all the female communities of Iraq.

12. Abdul Zahra Othman Mohammed (Izzedin Salim) Head of the Islamic Da’wah Movement (Harakat al Dawa al Islamiya) in Basra. Writer, thinker and political activist. Editor of numerous newspapers and magazines. Was assassinated.

13. Abdul Aziz al-Hakim Abdul Aziz al-Hakim is a religious and political leader and the current leader of the Supreme Council for Islamic Revolution in Iraq. He is the brother of Muhammad Baqr al-Hakim. They both returned to Iraq after 20 years of exile and are both the sons of the late Ayatollah Sayyid Mohsin al-Hakim.

14. Abdul Karim Al Muhammadawi
Head of Iraqi Party of God in Al Amara. Member and Rotating Chairman of Interim Supervisory Council in Maysan Province. Dubbed “Prince of the Marshes” for leading the resistance movement against Saddam in the Southern Marshes for 17 years, for which he spent 6 years in prison.

15. Dr Adnan Pachachi President of the Iraqi Independent Grouping. Former Foreign Minister and Permanent Representative to the United Nations.

16. Ghazi Ajil al Yawer Born in Mosul. A civil engineer. Recently Vice President of Hicap Technology Co. Lyd., Riyadh. Elected President.

17. Dr. Mohsen Abdul Hameed Secretary General of the Iraqi Islamic Party (IIP). Born in the city of Kirkuk. Author of more the 30 books in the field of interpretation of the Holy Quran. Detained in 1996 on the charge of reorganising the IIP. Professor in the College of Education in Baghdad University.

18. Dr Seyyid Muhammed Bahr ul-Uloom Highly-respected Shi’a clergyman. Returned from London where he headed the Ahl al-Bayt charitable center. Elected as the Shi’a member of a leadership triumverate by the Iraqi opposition after the Gulf Conflict.

19. Mahmoud Othman
Independent politician and long-term leader of the Kurdish National Struggle.

20. Masood Barzani
President of the Kurdistan Democratic Party (KDP). He rose to this position from peshmerga. He was elected President in 1979 and reelected in 1999.

21. Mowaffak al-Rubaie Born in al-Shatra. Member of British Royal Doctors’ College. Consultant in internal medicine and neurology. Author of the Declaration of the Shia of Iraq. Activist in human rights. Student of the martyr Imam Baaker al-Sadr, who was murdered by Saddam.

22. Naseir al-Chadirchi
Leader of the National Democratic Party. Resident of Baghdad. Lawyers, businessman and farm owner.

23. Judge Wael Abdulatif Born in Basra and practiced civil and criminal law before being disbarred and imprisoned by Saddam. Had been head judge at Nasiriya and now deputy head judge in Basra. Elected Governor of Basra on 4 July 2003 by the interim local council with the support of all the leading political and religious parties.

24. Yonnadam Kanna, Assyrian Democratic Movement (ADM) Secretary General of the Assyrian Democratic Movement. Former Minister of Public Works and Housing and Former Minister of Industry and Energy in Iraqi Kurdistan. Engineer since 1975. Activist against the dictatorial regime since 1979.

25. Salama al-Khufaji: Shiite, Appointed to the Council following the assassination of Dr. Hakila Al-Hashimi on September 20th, 2003. Diplomat. Led Iraqi delegation to New York donors’ conference. PhD in Modern Literature and Bachelors in Law. Working with UN programmes in Iraq since 1991 in the Ministry of Foreign Affairs.

B. Iraqi Ministers

1. Ministry of Agriculture: Abdul Amir al-Abood

2. Ministry of Communication: Dr. Haydar al-Abadi

3. Ministry of Construction & Housing: Bayan Baqir Solagh (Bayan Jabur)

4. Ministry of Culture: Mufid Muhammad Juwad al-Jaza'iri

5. Ministry of Education: Dr. Ala'din Abdul Sahib Alwan

6. Ministry of Electricity: Dr. Aiham Alsammarae

7. Ministry of Environment: Abdel Rahman Sadiq Karim

8. Ministry of Expatriates & Immigrants: Muhammad Jasim Khdeir

9. Ministry of Finance: Kamel al-Keilani

10. Ministry of Foreign Affairs: Mr. Hoshiyar Mahmud Muhammad al-Zibari

11. Ministry of Health: Dr. Khidr Abbas

12. Ministry of Higher Education: Ziad Abdel Razzaq Muhammad Aswad

13. Ministry of Human Rights: Abdel Basit Turki

14. Ministry of Industry & Minerals: Eng. Muhammad Tawfiq Rahim

15. Ministry of Interior: Nouri Badran

16. Ministry of Irrigation: Dr. Latif Rashid

17. Ministry of Justice: Hashim Abdel Rahman al-Shibli

18. Ministry of Labor & Social Affairs: Sami Azara al-Ma’jun

19. Ministry of Oil: Dr. Ibrahim Bahr al-Uloum

20. Ministry of Planning: Dr. Mehdi al-Hafidh

21. Ministry of Public Works: Mrs. Nasreen Mustafa Sadiq Barwari