[Baghdad, mid-December, 2007]
In the name of God, the Beneficent and Merciful.
To: The Secretary General of the United Nations and Members of the UN Security Council
Re: Constitutional authority concerning the United Nations renewal of the mandate of the occupation forces.
Peace and God's mercy and blessings be upon you.
Whereas the Security Council will reconsider the presence of the occupation forces (multinational force) before the end of this year, and
Whereas the Security Council needs an official letter from the Iraqi government requesting the continued presence of the occupation forces before the renewal of the mandate of these forces for another year in Iraq, and
Whereas Article 61, Section 4, of the constitution grants exclusive jurisdiction to the legislative branch of the Iraqi government, the Council of Representatives, to ratify international treaties and agreements by two-thirds majority, and
Whereas a draft law was passed during the 34th Session of the first legislative term of the second legislative year of the Council of Representatives, convened on 5 June 2007, calling for a referral to the Council of Representatives, before the renewal of the mandate of the occupation forces. Article 73, Section 2, stipulates that a parliamentary draft law is considered "ratified after fifteen days' time from the date of receipt," except in the case of a veto by the President, in which case he will send it back to the Council of Representatives. To this day, the president has not vetoed or returned the draft law, which makes it a law, under Iraqi constitutional rules.
Whereas a letter addressed by the majority of members of the Council of Representatives to the Security Council and the Secretary General of the United Nations on 28 April 2007, asked for "the setting of a timetable for the withdrawal of the occupation forces (multinational force) from our beloved Iraq," and detailed the constitutional violations that took place last year when the matter was not brought to Parliament before the requested renewal of the United Nations' mandate for the occupying forces, and
Whereas many opinion polls, which were undertaken by international and independent local organizations, demonstrate that the overwhelming majority of the Iraqi people, from different provinces, sects, religions, and ethnicities, demand the departure of the occupation forces and believe that circumstances are deteriorating due to the presence of the foreign forces and that the situation will improve as soon as these forces withdraw from Iraq, and
Whereas the million-person demonstrations undertaken by our steadfast people in the different provinces of Iraq demanded the withdrawal of the occupying forces and a timetable for their comprehensive and complete withdrawal without leaving behind any permanent military bases.
We, the undersigned members of the current Parliament, ask the members of the UN Security Council not to accept any letter that requests the renewal of the mandate of the multinational force that has not gained the approval of the Council of Representatives, since it will be considered unconstitutional and unlawful under laws currently in effect in the Republic of Iraq.
We also wish to inform your Excellencies that the undersigned representatives of the people reject in the strongest possible terms the unconditional renewal of the mandate, and call for clear mechanisms that obligate all foreign forces to withdraw completely from Iraq according to a set timetable, simultaneous with Iraq's leaving the Chapter VII mandate of the United Nations.
Dr. Saleh al-Mutlaq, al-Jibhah al-Iraqi li-Hiwar al-Watan (Iraqi National Dialogue Front)
Dr. Nassar al-Rubiei (Sadrist Current)
Dr. Ali Fayad, Hizb al-Dawah (Dawa Party)
Dr. Bassim Sharif, Hizb al-Fadilah (Fadila Party)
Haydar al-Mullah Sa'id, Esq.
Mr. Usama al-Nujayfi (‘Alawi Party)
Mr. Azz al-Din (Accord Front)
(This translation, by Global Policy Forum is based on a copy of the letter that was sent to Raed Jarrar, consultant to the American Friends' Service Committee, by Haydar al-Mullah, one of the signatories, who guaranteed the letter's authenticity. Jarrar received the letter on December 18, 2007)
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