provisional government iran july 2010

8/8/2019 Provisional Government Iran July 2010

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Direction,Responsibilities,

andDurationofa

ProvisionalGovernmentinIran

UndertheSupervisionof

TheSupremeCouncilforSecurity

andNational

Interest

Amir Hossein JahanchahiJuly2010


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CONTENTS

TheSupremeCouncilforSecurity

AndNational

Interest

1

TheProvisionalGovernment(PG) 3

DutiesofPG 4

FeaturesofthePG 6

TheFirstActsofthePG 8

TheDutiesofthePG

WithRespecttoIransForeignPolicy 9

ThePGsProgramfortheUnification

ofall

Military

ForcesandReorganization

oftheAdministrativeBureaucracy 12

ThePGsPlansforReforming

theJudicialSysteminIran 17

ThePGsPlansforResurrectingthe

EconomicandTradingSysteminIran 21

ThePGsAgendaforDealingwith

Ethnicand

Religious

Minorities

in

Iran

26

TheFinalResponsibilityofthePG:PreparationoftheDraftTextOf

ANewNationalConstitution 28


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Direction,Responsibilities,andDuration

OfaProvisionalGovernmentinIran

UndertheSupervisionof

The

Supreme

Council

for

Security

and

National

Interest

TheProvisionalGovernment (PG),under the supervisionof

TheSupremeCouncilforSecurityandNationalInterestwill

assume responsibility for the governance of Iran following

the overthrow of the Islamic regime. The duration of its

administrationshallnotexceedaperiodof18months[until

handover of all official responsibilities to an elected

government]. In addition to the daily administration of all

staterelated

matters,

the

PG

will

also

lay

the

basic

foundationsand infrastructure foranew Iran that is free,

progressive,strong,modern,anddemocratic.

TheSupremeCouncilforSecurityandNationalInterest

Following the removal from power of the Islamic regime,

The Supreme Council for Security and National Interest

[henceforthreferredtoasTheSupremeCouncil]willbethe

highestdecisionmakingbody in Iran. Itwillprovide thePG

withitsgeneralpolicyguidelines:

1.Membership of the Supreme Councilwill consistprimarilyof individualswhohaveplayedakeyrole in

thedownfalloftheIslamicRepublic.


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2. The Supreme Council will have ultimateresponsibility for appointing or dismissing any

member of the PG. It will have the authority to

superviseallmatters related to the governingof the

country,theprotectionof itsnational interestaswell

asthe

fundamental

changes

that

will

affect

the

nation

insuchfieldsasitspolitical,military,social,economic,

and international relations. Decision making in the

Supreme Council will be on the basis of majority

vote.

3. Members of the Supreme Council cannotsimultaneously hold public office (i.e. government

positions)orquasigovernmentpositions.

4.TheChairmanoftheSupremeCouncilisforbiddento

participate

as

arunning

candidate

in

any

of

the

initial elections for public office in the immediate

period following the completion of thework of the

ProvisionalGovernment(PG).

5.Prior to the start of their duties,members of theSupremeCouncilwillberequiredtosubmitafulland

comprehensive listofalltheirownpersonalassetsas

well as those of their immediate families (i.e. full

banking details including amounts held in various

accounts+stocksandbondsetc.)anduntilsuchtime

that the Supreme Council has been dissolved, they

must relinquish control of those assets to an

independenttrust.


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6.MembersoftheSupremeCouncilandthosecloseto them (familymembers) cannot either directly or

indirectly participate in any financial, trade or

economic matter that might require government

approvalforthedurationoftheworkoftheSupreme

Counciland

for

aperiod

of

2years

following

its

dissolution.

7. The names of all the members of the SupremeCouncil will remain secret until such time that the

IslamicRepublichasbeenremovedfrompower.

8.The SupremeCouncilwilldraftand ratify itsowninternal Rules of Procedure prior to the

commencementofitsactivities.

9. The duration of the mission of the SupremeCouncil

will

be

until

such

time

that

free

elections

have

beenconducted,anewHeadoftheExecutiveBranch

hasbeenelected,andnewlyelectedmembersofthe

National Parliament have begun their work (i.e.

inauguration of the freely elected National

Parliament).

TheProvisionalGovernment

TheProvisional

Government

(PG)

whose

task

it

will

be

to

govern thecountry foran interimperiodwillbeappointed

by TheSupremeCouncil forSecurityandNational Interest

foramaximumperiodof18months.


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a. DutiesoftheProvisionalGovernment1. The establishment of order, social and economicsecuritythatwillinevitablybenecessaryfollowingthe

collapseoftheIslamicregime.

2. Theadministrationof thecountry insuchaway thatall

financial

and

economic

wheels,

particularly

in

all

productivefields,continuetoturnwithouthindrance.

3. The immediate announcement of a new foreignpolicy agenda based on the pursuit of a

comprehensive policy of peaceful coexistence in the

MiddleEastregionandbeyond.Suchapolicy, in line

with protecting the national independence and

interests of the people of Iran in conjunction with

safeguardingthenationsterritorialintegritywillbring

toan

end

all

existing

political

tensions

with

the

international community which have been part and

parcel of the Islamic regimes deliberate policies

aimedatexportingIslamicfundamentalism.

4. Layingthebasisofafundamental infrastructureforafree and progressive future for the people of Iran

based on the Rule of Law as well as ensuring the

protection of the nations national welfare and

independence for all future generationswith special

emphasison

the

following:

(1)Complete separation of religion from state,the promotion of full social and political

equality for all citizens, and in particular,

between men and women, respect for all


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religionsandfulladherencetohumanrights

values as stipulated in the Universal

DeclarationofHumanRights.

(2)Theestablishmentofanew framework forIranian foreign policy based on peaceful

coexistence,regional

and

international

cooperation aswell as a total commitment

for protecting regional and international

peaceandsecurity.

(3)Themerging of all of the countrys variousarmed elements (regular armed forces and

the Pasdaran) into a single, modern and

cohesivenationalarmedforcesaswellasthe

complete reorganization of the nations

administrativebureaucracy

based

on

Irans

contemporaryneedsandrequirements.

(4)Thecompleteoverhaulofthecountryslegaland judicial system and the creation of a

modern independent judiciary that is both

justandprogressive.

(5)Reviewing and revitalizing the countryseconomicand tradingsystemwith theclear

purposeof improving thenationsdomestic

andinternational

financial

and

economic

position. Inthisregard, Iran,under thePG,should be admitted as the 21

stmember of

thecurrentG20Forum.


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(6)Reevaluating allmatters having to dowithall of Irans ethnic and religiousminorities

with the aim of addressing all their

legitimateconcernsandgrievances.

5. In line with popular aspirations and the countrysnational

interest,

the

drafting

of

anew

and

progressivenationalconstitutionthatincorporatesthe

conceptofseparatingreligionfromstate.

6. The promoting of an atmosphere conducive to theholding of a national referendum (yes or no) in

ordertoobtain,onademocraticbasis,theapprovalof

themajority of Iranians on such issues as the new

constitution as well as each of the reforms

implementedbythePG.

7. ConductingfreeelectionsforelectingtheHeadoftheExecutive Branch as well as the members of both

HousesofParliament.

FeaturesoftheProvisionalGovernment

1. Allpowers (political,economic,socialandcultural) inthecountrywillbecentralizedandvestedinthePG.

2. The PG will strive to promote an atmosphere ofnational reconciliation.Assuch, itsprimary taskwill

be toensure lawandorderbypreventinganyaction

that jeopardizes internal security (e.g. abusive

behaviour, disorder or acts of a wanton seditious

nature).


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3. ThePGwill takeno action against those responsibleofficials in the IslamicRepublicwhoeitherassist the

people in overthrowing the Islamic Republic orwho

adoptaneutralposition.

4. Dealingwiththefateofallofficialswhoresistthewillof

the

Iranian

people

in

their

quest

to

overthrow

the

IslamicRepublic,willbe the responsibilityof Special

Courtswhichwillbeestablishedonasimilarbasisto

and adhere to the principles of the International

CriminalCourt(ICC).

5. ThemissionofallsuchSpecialCourtswillendatthesametimeaswhentheworkofthePGhascometoa

conclusion.


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TheFirstActsoftheProvisionalGovernment

ThefirstofficialproclamationofthePGwillbetodeclarethe

separation of religion from State as themost fundamental

principle pertaining to government in the new Iran. Itwill

alsodeclare

acommitment

to

the

guaranteeing

of

basic

human rights such as freedom of thought, freedom of

speechwithinthelaw,freedomofpressandallpoliticaland

socialfreedomssuchastherighttoformpoliticalpartiesand

variouslabourunions.

ThePGwillnotallow individualsorgroups tojeopardize in

anyway thenational independenceand territorial integrity

ofthecountryunderanypretext.

The PG by establishing and guaranteeing full equality in

every aspect of life for thewomen of Iranwill terminate

more than 30 years of discrimination, injustice and

inequality imposed upon women in Iran by the Islamic

regime.

ThePGwill institutionalizerespectand theneed torespect

humanitarian principles and human rights in all sectors of

Iraniancommunity.


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TheDutiesoftheProvisionalGovernment

WithRespecttoIransForeignPolicy

(RegionalandInternational)

GiventhattheIslamicRepublicwhichwasbasedonreligious

ideologywas

initially

founded

with

the

support

of

the

Iranian

peopleintheaftermathoftheIslamicRevolutionof1979,it

is also essential that its demise and complete eradication

fromIranianandinternationalpoliticallife,shouldbecarried

out with the determined support and will of the Iranian

people.

Thecontinuingexistenceof the IslamicRepublicwhichwas

established on the foundations of Islamic fundamentalism

hasin

the

course

of

the

past

31

years

been

apotent

force

for

tensionandinstabilitythroughouttheglobewhilehaving,at

thesametime,placedregionalorderandsecurityinserious

danger.

It isthedutyof thePGtocleanseboth Iranand theregion

from every vestige of such fundamentalist policies by

removingall threatsemanating from them. It isa fact that

regional states must also comply with certain duties and

responsibilitiesof theirown in carryingout this imperative

mission.TheroleoftheUnitedStatesofAmericaandEurope

inthisregardistosolelysupport(not lead)thecountriesof

theregioninthisrespect.


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Toattainthisobjectivei.e.todestroyeverylastvestigeof

Iranian inspired Islamic fundamentalism in the region and

theworld,thePGwilldeployeverymeansatitsdisposalfor

the creationof the right conditions for securingpeaceand

securityin

the

region

by

taking

immediate

steps

to

address

and rectify problems having to do with the following

regionalissues:

1.HamasandHezbollah 2.PeacebetweenIsraelandPalestine 3.Iraq 4.AfghanistanandPakistan

ThePG isdetermined tobringaspeedyend toall financial

andmilitary

support

which

the

Islamic

Republic

has

provided

toparamilitaryandterroristgroupsbothShiaandSunni

in Lebanon, Palestine, Iraq aswell as to such groups asAl

QaedaandTalibaninAfghanistanandPakistan.

Bringing an end to Irans diplomatic isolation in the

international community will be one of the PGs key

priorities.Inthisrespect,inordertopreventproliferationof

nuclearweapons in the region, the PGwill also end Irans

dangerous dispute with the International Atomic Energy

Agency(IAEA)andtheUnitedNationsSecurityCouncilover

thetensionandcrisiscreatedbythenuclearissue.


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ThePGwhilegiving fulldiplomatic recognition to theState

of Israel, will consider the provision of genuine and

comprehensive support for thecreationofan independent

PalestinianstatenexttoIsrael,asoneofitsmaindutiesand

priorities.Noeffortwillbesparedforbringingthisobjective,

inthe

context

of

amore

general

consensus,

to

full

realization within the 18 month period that the PG is in

office.


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TheProvisionalGovernmentsProgramforTheUnificationofallMilitaryForcesandReorganizationof

theAdministrativeBureaucracy

The depth and breadth of Iransmassive bureaucracy and

theinappropriate

and

destructive

way

in

which

the

authorities havemismanaged the system in the course of

the last 30 years as a consequence of their ideological

tendencies,hasseriouslyimpairedtheproperfunctioningof

theIranianstate.

Rebuildingthenationsbureaucraticsystemandlimitingthe

scopeof itsoperationalactivitiesessentiallytomattersthat

arefundamentaltotheproperfunctioningofthestate,will

beone

of

the

PGs

first

duties.

Success

in

achieving

this

aim

willleadtosuccessinotherareasanditisthusessentialthat

this objective be achieved in the period that the PG is in

office.

Theareasofoperationforthegovernmentwillbelimitedto

thefollowing:

ForeignandregionalpolicySecurity

(internal

and

external)

Justiceandjudiciary Education Healthandnationalwelfare Reconstructionofthenationseconomy


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PlansandprojectsforagriculturaldevelopmentInorder to ensureboth internal and external security, the

PGwill rely on a single solitary armed forces aswell as a

Police Force. The PG will disband all parallel military or

paramilitaryorganization

previously

established

by

the

deposed regime. The Revolutionary Guards Corps will

become integrated into the regulararmed forceswhile the

Bassij and other coercive elements of the despotic regime

will become dissolved in such away that all their existing

personnelwillbeassignedtonewdutiesindifferentareasas

partofmassiveprojectforreconstructingthecountry.

At the same time that the new reformed and downsized

administrativebureaucracy

is

taking

shape

with

the

purpose

of enhancing its efficiency, therewill also be a concerted

effort to review various existing laws pertaining to the

nationssystemoftaxationwiththeaimofbringingthemin

linewithcontemporaryeconomiccircumstancessothatthe

required funding for the functioning wheels of the

governmentmaybeprovided.

It followsthattheconstructionofaprogressivedemocratic

statecannottakeplacewithouttheactiveparticipationofall

citizensand

their

compliance

in

accepting

their

share

of

individualresponsibilities.

In order to prevent unwarranted use or misuse of Irans

naturalresources,and inparticular inorder topreventany


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exploitationofnaturalresources forpersonalor ideological

objectives,oncetheworkofthePGhasbeencompleted,all

revenues derived from natural resources and in particular

fromoilandgaswillonthebasisofprovisionscontained in

the countrys new national constitution, be recognized as

theproperty

and

wealth

of

all

Iranian

citizens

as

well

as

that

ofitsfuturegenerations.Forthisreason,allincomesderived

fromthissourcewillbekept inanaccountthat isseparate

fromthatofthegovernment.Moreover,thesefundswillbe

used exclusively for projects having to do with the

development and rebuilding of the nations social and

economic infrastructures.As such, thegovernmentwillnot

beallowed touseany sums from thisaccount for itsdaily

expenditures or allocation of subsidies barring exceptional

circumstancesalong

the

lines

envisioned

in

the

countrys

newnationalconstitution.

In order to attain this objective, the PG will establish a

systemoftaxationthatisbothsuitableandjust,andassuch

theoperatingbudgetofthe first freelyelectedgovernment

willbe fundedby incomesderived from taxeswithoutany

relianceonincomefromnaturalresources.

Atpresent,

the

country

is

so

inefficiently

managed

that

the

leveloftaxationthatreachesgovernmentcoffersisminimal,

given thatonlygovernmentemployeesandasmallportion

ofothersalaryearnersactuallypayanytaxwhiletherestof

the populationwithout any sense of remorse refrain from


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any such payments given that they lack any desire for

providing extra financial assistance to the current Islamic

regime.However, the collapse of the Islamic Republic and

the establishment of a free and democratic government

carrywithitcertaindutiesandresponsibilitiesforallcitizens,

thefirst

of

which

is

payment

for

the

cost

of

that

freedom

in

theshapeofTaxes.

Giventhecurrentsituationinthecountry,incometaxshould

be directly deducted from all salaries. As for taxation on

economic activities, for purposes of encouraging new long

term investmentsonmanufacturingor productive projects

(asopposed to speculative short termprofitmaking types)

whichcontinueforaperiodof510years,giventhemanner

inwhich

the

investment

is

made,

it

is

possible

for

taxes

to

be

waived.Forallotherinvestmentprojectsthathaveashorter

lifespan,theleveloftaxationwillnotexceed15%.

In thecourseof its first threemonths inoffice, thePGwill

presentcomprehensiveplansforasuitableandfairtaxation

systemtotheSupremeCouncil.

Providinguniversalhealthcareandwelfareaswellpayment

ofretirement

benefits

to

all

elderly

citizens

will

be

amongst

themain pillars of policy for the new Iran and the PG. In

ordertosecuretheneededfundsfortheprovisionofthese

services, in addition to all currently forecast means, the

capitalandotherassetsofall Bonyads(foundationssetup


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in theaftermathof the revolution),various Revolutionary

governmentalorganizations,andtheIRGCaswellasthoseof

key officialswho take an active stand against the popular

will tooverthrow the regime,willbeplaced intoa Health,

Welfare and Retirement Fund Account so that itmay be

usedfor

covering

various

costs

having

to

do

with

the

provisionofhealth,socialsecurityandretirementpayments.

On the basis of estimates provided by experts inside the

country, the substantial level of assets contained in such

organizations is more than enough for meeting a sizable

portion of the governments commitment to the general

populationintheseareas.


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TheProvisionalGovernmentsPlansforReformingtheJudicialSysteminIran

Reformofthejudicialsystem in Iranconsistsof introducing

thefollowingfactors:

Theestablishmentofanewjudicialsystem Trainingandprotectionoftheindependenceofjudges RemovalofShariaLaw

TheEstablishmentofaNewJudicialSystem

Thejudicial system in Iranwasestablishedon thebasisof

theFrenchjudicialsystem.Inthecourseofthelast30years,

manyofitscomponentshavebeenirrationallymodified.Itis

possible

to

redress

these

deficiencies

in

the

following

manner:

The fundamental principle of secularism as a keyaspect of the countrys judicial system will be

established.

Restorationoftherightsofordinarycourtstohearallcivilandcriminalcasesandtheremovalofallcourtsof

specialjurisdiction.

Withcertainexceptions,twotierjudicialsystemmustbe

restored.

Therefore,

all

disputes

must

be

heard

by

firstinstanceandappellatecourts.

Restoring the principle of plurality ofjudges in civilandcriminalcourts.


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Retention of the Investigating Judges and PublicProsecutors.

Strengthening and enhancing the role of theAdministrative Court of Justice and creating an

AdministrativeCourtofAppeal.

Improving the operation of Dispute ResolutionCouncils by reintroducing previous bodies such asEquityHousesandArbitrationCouncils.

TrainingJudgesandProtectingtheirIndependence

Protectingtheindependenceofjudgeswillrequirerestoring

the foundations of the system which existed before the

IslamicRevolutioninthefollowingmanner:

TheMinisterofJusticewillcarryalltheresponsibilitiesassignedtotheHeadoftheJudicialSystem.

AttorneyGeneral andDistrict Attorneyswill operateunderthesupervisionoftheMinisterofJustice.

Judges in civil and criminal courts will enjoy fullindependenceunderthesupervisionoftheSupreme

JudicialCouncil.

The Minister of Justice is responsible for theappointment and removal of all judges and

prosecutors.In

the

case

of

Judges

in

civil

and

criminal

courts, theMinisterof Justicemust seekandobtain

theapprovaloftheSupremeJudicialCouncil.Incase

of appointment/removal of Attorney General or

DistrictAttorneys, theMinister of Justicemust seek


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the Supreme Judicial Councils opinion but may

disregardit.

The number of graduatingjudges from universities is very

few.Itmusthoweverbeemphasizedthatthesuccessofthe

newjudicial

system

depends

upon

the

number

of

qualified

judges who will form the corps of the new system.

Henceforth:

AlljudgeswithoutaBachelorsdegreeinLawmustberemoved and given the opportunity of enrolment at

University for obtaining the required degree.

Membersoftheclergywillnotbeexemptfromsucha

policy.

In the course of any trial hearing, all clerics mustrefrain

from

wearing

clerical

robes

(i.e.

religious

outfits).

During the period of the PG and in the immediatethree years following the establishment of the first

electedgovernment,allexperiencedjudgesbelowthe

age of 70 who have retired will be invited back to

serveinordertofillthegapthatwillemergefollowing

theinevitableremovalsthatwilltakeplace.

The creation of the Judicial Academy with thespecifictaskoftrainingqualifiedjudgeswhichwillbe

opentograduateswithaBachelorsdegree inLaw in

thecourseofasingleyear.


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Simultaneously, all judges dealing with family issues,

investigating judges and district attorneys and Attorney

General will be selected from a pool of experienced

personnel.

RemovingCertain

Flaws

from

Certain

Laws

ThenewConstitutionwillrecognizethesupremacyofinternationalconventions,covenantsandtreatiesover

lawspassedbytheNationalParliament.

Any reference toShariaLawwillbe invalidespeciallywithreferencetothefollowingissues:

o Family laws: Polygamy, temporary marriages,repudiation divorces, recognition of the rights

ofillegitimatechildren,andinheritance.

o CriminalLaw:Abolitionofdeathpenalty/capitalpunishment.

o CriminalLaw:Abolitionofalllawspertainingtoreligiousretaliationlaw(Ghassas).

o Trade Law: Abolition of all laws pertaining totheprohibitionofinterest(Riba).


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TheProvisionalGovernmentsPlansforResurrecting

theEconomicandTradingSysteminIran

More than 30 years of corrupt dictatorship encompassing

personalandotherabuseofthenationswealthandassets

onthe

part

of

responsible

officials

in

the

Islamic

Republic,

alongwiththehugecostofpromotingexpansionistpolicies

for the promotion of fundamentalist ideology and support

for various terroristorganizations in the region and across

theglobe,has left Iranseconomy ina stateof tattersand

the nation on the verge of an unprecedented economic

crisis.

The pursuit of foolish policies on the part of the Islamic

leadershipwhich

had

led

to

afrightening

level

of

disparity

and social inequality throughout the land has greatly

damaged thenotionofnationalunity and endangered the

prospectsofnationalsovereignty.Outlook forthe futureof

the nations economy, 70% of which is under the direct

control of responsible officials within the current ruling

establishment is very bleak. Everything will need to be

rebuilt and this processwill require careful and extensive

planning.

Iransfutureeconomicandindustrialpolicieswillbedrafted

inconsultationwiththefollowingimportantprinciples:


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Protection and utilization of assets derived fromnaturalresources.

Robust usage of human assets along with majoreffortsforitsfuturedevelopment.

Theattractionandproperuseofforeigninvestmentsafeguarding

at

all

times

the

countrys

national

independence which in the aftermath of regime

change in Iranwill lookwithunparalleledenthusiasm

toinvestmentsinIran.

Encouragement of worthy elements amongst Iransmigrant community in various foreign countries to

engage in capital and scientific investments in their

homeland.

Andperhapsmostimportantofall,

The encouragement and provocation of ordinarypeople and in particular the youth tomuster the

necessarywillanddesire forrebuildingamodern,

developedandstrongIran.

To combat and control the scourge of massive

unemploymentandhighinflationwhichhavedrivenamajor

portionofthecountryspopulationtothefringesandhasas

a consequence endangered the whole fabric of national

cohesion, the PGmust embark on an immediate policy of

encouraging, incentivizing and rapidly activating small and

mediumsizedbusinessestoplayaleadingroleintheprivate

sector. The growth of small and medium sized economic


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units for purposesof creatingnewjobswillbeone of the

PGsmainpriorities.

With reference to larger economic units, so long as such

enterprises have not been turned into economic

monopolies,and

if

their

major

shareholders

are

identified

ashavingrefrainedfromtakinganantipeoplestandpriorto

thefalloftheIslamicregime, itwillbepossibleforthemto

continuewiththeiroperationsalbeitundernewguidelines

and circumstances.ThePGwill respect the rightsofmajor

shareholders in such private enterprises, and should the

need arise will also encourage them to make new

investments in the framework of the countrys new

industrialandreconstructionpolicies.

All policies pertaining to the exploitation of thenationsnaturalresourcesandinparticularoiland

gaswill remainwithin the solemonopoly of the

state.

The decision regarding the cost of energy forinternal use will, on the basis of economic and

socialimperatives,bemadebythegovernment.

In line with the countrys new reconstructionpriorities, private investors may have the

opportunityofplayingamajor role in thevarious

production stages for the exploitation of Irans

naturalresources.


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Theconstructionandcompletionofnewrefinerieswiththeaim(intheleast)ofensuringthatallofthe

nations100%domesticneedsaresecured.

The start of amajor program for rebuilding thepetroleumindustry(repairingoilwellsetc.)aspart

ofan

effort

for

increasing

daily

production

of

oil

fromaround3.7to4mbdto6.5mbdinaperiodof5 years following the collapse of the Islamic

Republic.

Emphasisonincreasingthelevelofgasproductionandenhancing the roleof thegas industry in Iran

toonethat iscommensurateto the levelof Irans

resource share of this valuable product in the

world market. The required investments in this

fieldwill

incorporate

investments

from

private

sourcesintheframeworkofthenationseconomic

reconstructionplanning.

Giventhattheprotectionofnationalindependenceisinmanywaysinterlinkeddirectlywiththenotion

ofenergyselfsufficiency,thePGwillinthefirst9

months of its administration submit its plans and

proposalsforthefuture energyselfsufficiencyof

thecountryforthepost oilandgasperiodaswell

as the initial 10year investments that will be

requiredforthispurposetotheSupremeCouncil.

The promotion and projection of a newindustrialized and powerful Iran cannot be


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achievedwithout vastly improving and expanding

thetransportinfrastructureofthecountry.ThePG

will inaperiodof3months,present itsplansand

projects regarding this matter to the Supreme

Council.

The PG will carefully review the countrysagricultural policy, given that the nationalindependence as well as the constructive

development of Iran hinges greatly on the

implementation of both short and long term

policies having to do with this important sector.

Given the huge variety of crops capable of being

cultivated in Iransarablefields,theacceptanceof

the notion that Iran should remain a major

importerof

agricultural

products

is

unacceptable.

Forthisreason,thePGwillinamaximumperiodof

3monthspresentthenationscomprehensivenew

agriculturalpolicytotheSupremeCouncil.

PriortothehandingovertheresponsibilitiesoftheState to an elected government, the PGs must

establish Irans position as a major international

player by ensuring the countrys membership in

key international economic and political

institutions/forumssuch

as

the

WTO

and

G

20.


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TheProvisionalGovernmentsAgendaForDealingwith

EthnicandReligiousMinoritiesinIran

Ethnic and religious minorities, like other key sectors of

Iransvaried

society,

have

acritical

role

in

the

combined

effortsaimedatforcingthecollapseoftheIslamicRepublic.

Starting immediately following the removal of the Islamic

regime, representatives of ethnic and religious minorities

will play a crucial role in the affairs of the State and in

protecting the national interest and territorial integrity of

thecountry.

Through a series of political, civil, economic, social, and

culturalreforms

that

will

ultimately

be

incorporated

into

the

nationsnewnational constitution, thePGwillensure that

allthelegitimaterightsofIransdiverseethniccommunities

inclusive of their right to promote their local cultures and

languagesisassuredandrespected.

PostIslamicRepublicIranwillneedtherobustcooperation

ofallsectorsofitsvastcommunity,andinthisrespectallof

Iransprovincesmustplayan important leading role in the

decision making process having to do with the

administrationoftheirlocalaffairs.


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More importantly, thePGwill create the rightatmosphere

necessary for representatives of Irans various ethnic

communities to have a direct sharing role on all issues

havingtodowiththeCentralGovernmentsdecisionmaking

processregardingallnationalissues.


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TheFinalResponsibility

Of

TheProvisionalGovernment:Preparation

of

the

Draft

Text

Of

ANewNationalConstitution

BasedOnPopularDemands,

NationalInterest,

And

SeparationofReligionfromState


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ProposedDraftTextofaNewNationalConstitution

IntheNameofGodPreface

We the Iraniannation in theaftermathofmuch turmoilas

wellas theexperiencesgainedasa resultofan inability to

bringtorealizationtheidealsoftwogreatrevolutionsinour

recenthistory,standdeterminedandunitedinestablishinga

new secular order that is capable of securing our national

interest, political and economic independence, territorial

integrityandthesecurityofourcountry,whileensuringthat

rulesgoverning

human

rights

on

the

basis

of

related

international covenants and protocols safeguard all

individualfreedoms,civilrights,justiceandequality,aswell

as freedom of worship in a context free of any religious

interferenceintheaffairsofthestateareguaranteedforus

and our future generations, submit the following

constitution:

GeneralPrinciples

Article1:GovernmentinIranwillbebasedonthefreevote

of the Iranianpeopleand thisGovernmentwillhenceforth

bereferredtoexclusivelyasIraninthisdocument.


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Article2:InIran,allmattersofStatewillbeadministeredon

the basis of the general consensus. The three branches of

Government i.e. Executive, Legislative and Judicial

Branches, will act independent of one another. When

necessary,the

Head

of

the

Executive

Branch

will

act

as

an

intermediary.Membersofeachbranchwillbeelectedeither

directlyor indirectlyby thepeople.Themethodologies for

theseelectionsareelaboratedelsewhereinthisdocument.

Article3:Theofficialandcommonlanguageandscriptofthe

Iranian people is Farsi. All documents and official

correspondences will be written in this language. This

languagewillbetaught inallpublicschools throughoutthe

land.The

usage

of

local

or

ethnic/tribal

languages

in

addition

to Farsi in the press and other modes of general

communicationsinthemediaandtheirteachingsinschools

anduniversities inaddition toFarsiarepermitted. Inorder

toprotectandpromote theculturalheritageofallregional

and ethnic groups, the Government is obligated tomake

provisionsforanyplanningthatmightberequired.

Article4:TheFlagandOfficialCalendar:Theofficial flagof

thecountry

will

consist

of

three

strips

of

equal

width

consistingofthefollowingcolours: Green,WhiteandRed,

vertically, with the Lion and Sun insignia placed in the

middle. The official calendar of the countrywill be Hejri

Shamsi, though the use of the HejriGhamari and


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Christian calendars (or any other) in all unofficial

correspondencesarealsoacceptable.

TheRightsofthePeople

Article5:AllcomponentsoftheGovernmentareobligatedin

protectingthe

rights

of

all

Iranian

people.

The

thirty

Principles contained in theUniversalDeclarationofHuman

RightsthatwasratifiedbytheUnitedNationsin1948andits

subsequentattachments,providetheminimumstandardfor

measuring the rights of all citizens and theGovernment is

obliged to fully respect this universal document in its

entirety.Atranslatedversionofthisdocumentshallremain

aninseparablepartofthisconstitution.

Article6:

Material

or

moral

ownership

derived

from

work

and production, initiative, trade, and inheritance are all

respectedinIran.Nooneisallowedtodenythisbasicright

toanycitizenandany transfercanonly takeplace through

voluntary means or inheritance. In the case of the

Government having to implement any public or

development project which might inevitably lead to any

takeovers, the Government is obliged to both satisfy the

owner as well as compensating him in accordance with

current value of the possessed asset. Any dispute arising

fromeitheralackofsatisfactionorwhatmightconstitutea

just compensation will be decided by a pertinent court

accordingtolaw.


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TheEconomy

Article 7: The economic life of the countrywill be on the

basis of freedom of action and equal opportunity for all

individuals in the confines of a competitive market. The

economicactivities

of

the

Government

will

be

confined

to

theprovisionofbasicservicesaswellasgoodsandservices

which can be transferred to the private sector and the

attainmentofan improvedsituation forgoodsandservices

that affect the public. The economic interactions of the

country inallareasof investmentand interactionhavingto

dowithtradeandproductionwiththeoutsideworld isfree

and permissible. To protect internal growth targets, the

Governmentmaymakeappropriateuseofforeignexchange

andtariff

mechanisms

in

accordance

with

internationally

acceptedtreatiesandagreements.

Article 8: The protection of the nations environment and

natural resources are the responsibilities of both the

Governmentandthepeople.Appropriate legislationaswell

as thedisseminationof general guidelines in this regard is

theresponsibilityoftheGovernment.

Article9:TheAnnualNationalBudget,andallappropriations

asspecifiedbylaw,willbepreparedbytheGovernmentand

submitted to both Houses of Parliament for approval.

Incomesderivedfromnaturalresourcesandinparticularoil


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andgas,arethewealthofthenationandassuchbelongto

allthepeopleaswellasfuturegenerations.Forthisreasonit

is essential that all incomes from this source be kept in a

separateaccount to thatof theGovernmentso that itmay

beusedexclusively inplansandprojectshaving todowith

constructionof

the

nations

economic,

social

and

developmentinfrastructure.ForthisreasontheGovernment

willnotbe allowed tomakeuseofanyof these funds for

eitheritsroutineexpendituresorassubsidyunlessthereare

mitigating circumstances and then only with a twothirds

approval intheNationalParliament.Nomoneywilleverbe

extracted from citizens apart from amounts validatedby a

courtorder,orsumspaidoutastaxesorfines.Thebasisfor

taxation in Iranwill be determined bywealth, income or

consumptionas

specified

by

laws

pertaining

to

them.

Taxes

in lieuof servicesoffered to thepublicwillbemade clear

andcollected.TheNationalParliamentafterdetermining in

general thebasis for the collectionof chargesand finesas

wellastheways inwhichthosesumsaretobespent,may

permit provincial, city or village councils to ratify inmore

specifictermstheactualappropriationofthosefunds.

Article 10: The financial accounts of all government

ministries,institutions,

companies

or

any

organization

which

inanymannerwhatsoeverbenefits from the statebudget,

will inaccordancewithprescribed laws,be auditedby the

Supreme Audit Court in order to ensure that all

government agencies remain within the limits of their


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36

prescribed budgets and that no expenditures take place

outsideof its intendedpurpose.The SupremeAuditCourt

is further charged with preparing and drawing up of the

budget liquidation report togetherwith itsown comments

and itspresentationtotheNationalParliament.Thisreport

mustalso

be

made

available

to

the

general

public.

OrgansoftheState

TheLegislativeBranch

Article 11: The Legislative Branch consists of the National

Parliament and the Senate.BothHousesofParliamentare

permittedtopasslawsandsubmitthemtotheHeadofthe

Executive Branch. All legislation passed by the National

Parliamentwill

be

sent

to

the

Senate

and

once

passed

by

thatbodywillbecomelaw.Incaseapieceoflegislationfails

to obtain approval by the Senate, it is sent back to the

NationalParliamentwhere,ifapprovedforasecondtime,it

thenbecomeslaw.

Article 12: The National Parliament will be composed of

memberswhohavebeendirectlyelectedbysecretballotof

theelectorateonceeveryfiveyears.MembersoftheSenate

willbeelectedindirectlyforasixyearterm.

Article13:TheMembershipof theNationalParliamentwill

be470.Thismembershipwillincreasebyonewheneverthe


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size of a constituency has increased by a population of

150,000 people. The actual boundaries as well as the

number ofmembers allocated to each constituency along

withconditionsplacedonvoters,candidatesandtheactual

conduct of the elections will be proscribed by law. Laws

pertainingto

the

holding

of

the

first

election

to

the

National

Parliament will at the same time as the new National

Constitution be placed before the general public for their

vote.

Article 14: Elections to each new session of the National

Parliamentmustbeconductedpriortothedissolutionofthe

sittingparliamentsothatthecountryisneverdeprivedofits

legislativebranch.Attimesofwarormilitaryoccupation, it

maybe

possible

to

postpone

convening

elections

in

occupiedareasorthroughoutthelandonlyifrecommended

bytheHeadoftheExecutiveBranchandapprovedbytwo

thirdsof theNationalParliament. In thecase thatno fresh

parliamentary elections are held, the sitting National

Parliamentwillcontinuewithitswork.

Article 15: After the holding of elections, sessions of the

NationalParliamentareconsidered legallyvalidwhen two

thirdsof

the

total

number

of

members

is

present.

The

mannerofelectionoftheSpeaker,thePresidingBoard,the

numberofcommitteesandtheirtermofoffice,andmatters

related to conducting the discussions and maintaining

disciplinewillbedeterminedbythecodeofprocedureofthe


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38

National Parliament with the exception of certain cases

havingtodowithcertainspecifictitlesanddutiesspecifically

sanctionedbytheconstitution.

Article16:ThedeliberationsoftheNationalParliamentmust

beopen,

and

members

of

the

media

and

the

general

public

have the right to be present during its open sessions. A

closed sessionmay be held in emergency conditions upon

therequisitionof theHeadof theExecutiveBranch,oneof

theministers, or tenmembersof theNational Parliament.

Legislation passed at a closed session is valid only when

approved by twothirds of themembers. After emergency

conditionshaveceasedtoexist,theminutesofsuchclosed

sessions, together with any legislation approved in them,

mustbe

made

available

to

the

public.

Article 17: The National Parliament has the right to

investigate and examine all the affairs of the country.

Governmentbillsarepresented to theNationalParliament

afterreceivingtheapprovaloftheCouncilofMinisters.Bills

maybe introduced in theNationalParliament if sponsored

byatleastfifteenmembers.

Article18:

International

treaties,

protocols,

contracts,

and

agreements capable of creating obligations for the Iranian

nationbeforeothercountriesor internationalorganizations

mustbeapprovedbytheNationalParliament.


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39

Article19:Incertaincasessuchasthedeclarationofwaror

revising the national constitution, themattermust receive

thesupportoftwothirdsofbothHouses.

Article20:Theproclamationofmartiallawisforbiddenwith

theexception

of

certain

extraordinary

circumstances

such

as

war or some other national emergency when the

governmentwiththeapprovaloftheNationalParliament is

allowed to impose certain temporary restrictivemeasures.

However, the length of any such emergency measures

cannot exceed 45days. In the event that the crisis should

continue to persist, the government will require a new

mandatefromtheNationalParliament.

Article21:

All

members

are

responsible

for

all

the

people

and are permitted to comment on all national and

internationalissues.Thetitleofmembershipofparliament

is vested with the individual, and is not transferable to

others.

Article 22: Members of the National Parliament are

completely free in expressing their views and casting their

votes in the course of performing their duties as

representatives,and

they

cannot

be

prosecuted

or

arrested

foropinions expressed in theNationalParliamentor votes

cast in the course of performing their duties as

representatives. The National Parliament will need to be


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40

informedifanyMemberofParliament issummonedbefore

anycourtoflaw.

Article 23: In the case of any vote by Members of the

National Parliament against any proposal submitted to

parliamentby

the

Council

of

Ministers

should

come

to

acquire the implications of a vote of no confidence, the

Secretary of the Council ofMinisters (DeputyHead of the

Executive Branch) and the entire cabinet are required to

submit their resignations to the Head of the Executive

Branch.

Article 24:Members of the National Parliament have the

right toquestion the cabinet or any individualMinisteron

anyissue

they

deem

necessary.

The

issue

will

only

be

discussed in the National Parliament when at least two

thirdsof themembershave cosigned the request. In such

anevent, thecabinetor therelevantMinistermustappear

before theNational Parliamentwithin 10 days in order to

respondtothematterwhichhasbeenraised.

Article25: Inorder toexpediteand facilitateallmattersof

the people to the people in accordance with their local

needs,there

will

be

Council

elections

for

each

village,

division, city,municipality, and province.Qualifications for

theeligibilityofelectorsandcandidates,aswellasthemode

in which they will administer their local affairs, will be


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41

determined by law, on the basis of free elections and

decentralization.

TheJudicialBranch

Article 26: The judiciary is an independent power, the

protectorof

the

rights

of

the

individual

and

society,

responsiblefortheimplementationofjustice,andentrusted

withthefollowingduties:

1. Investigating and rendering judgment ongrievances, violations of rights, and complaints; the

resolvingoflitigation;thesettlingofdisputes;andthe

taking of all necessary decisions and measures in

probatemattersasthelawmaydetermine;

2. Restoring public rights and promotingjustice andlegitimate

freedoms;

3.Supervisingtheproperenforcementoflaws; 4. Investigating crimes; prosecuting and punishingcriminals;andimposingthepenalties;

5.Takingsuitablemeasurestopreventtheoccurrenceofcrimesandtoeducateandreformcriminals.

Thecreationanddeterminationofthejurisdictionofcourts

is subject to the law and no authority other than the

NationalParliamentunderanycircumstancehastherightto

setupacourt.


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Article 27: Head of the Judiciary is the guarantor of the

independence of the Judiciary. The Supreme Judicial

Council under Article 38 of this law, will provide the

requirements forthis independenceandwill incooperation

withtheHeadoftheExecutiveBranchensureitsprotection.

Article 28: The creation of courts of specialjurisdiction is

forbidden unless clearly stipulated in this document.

However, itmaybepossible for certainbranchesofpublic

courts to deal with certain cases in a special manner

determinedbythelaw.

Article 29: The Supreme Court is to be formed for the

purpose of supervising the correct implementation of the

lawsby

the

courts,

ensuring

unity

of

jurisprudence.

Article 30: Judges and Investigating Judges cannot be

removedofthepositionstheyhold,whethertemporarilyor

permanently, except by trial and proof of guilt.Moreover,

theycannotbetransferred,relievedofduties,orreassigned

without their consent or upon approval of the Supreme

JudicialCouncil.

Article31:

Courts

must

announce

the

verdict

of

any

dispute

on thebasisof the lawandother legalsourcesandcannot

passjudgementingeneralinordertocreatearule.


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Article32:Theverdictsofcourtsmustbewellreasonedout

and documented with reference to the articles and

principles of the law in accordance with which they are

delivered. Any violation of this principle will result in the

voidingofthejudgmentbytheSupremeCourt.

Article33:Hearing/trialsare tobeheldpubliclyunless the

court determines that a public hearing/trial would be

detrimentaltopublicmoralityorpublicpolicy/publicorder.

Article34:Politicalandpressoffenseswillbe triedpublicly

andinthepresenceofajury,incourtsofjustice.

Article35: Judgesshallendeavor tojudgeeachcaseonthe

basisof

the

law

and

cannot

on

the

pretext

of

the

silence

of

or deficiency of law or its brevity or contradictory nature,

refrain from admitting and examining cases and delivering

his/herjudgment.

Article36: Judges shall refrain fromexecuting statutesand

regulationsof thegovernment thatare inconflictwith the

laws or outside the limits of the duties of the Judiciary

Branch.Everyonehastherighttodemandtheannulmentof

anysuch

regulation

from

the

Court

of

Administrative

Justice.

Article 37: Military courts will be established by law to

investigate crimes committed in connection with the

military.CivilCourtswilldealwithcivilcrimesofthemilitary


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andallcrimescommittedbyofficersandnoncommissioned

officersandothermilitarypersonnel.

Article38:The Supreme JudicialCouncil is responsible for

all matters concerning the judiciarys administrative and

executiveareas,

inclusive

of

recruitment,

the

appointment

ordismissalofjudges,changingordeterminingtheplaceof

service aswell as promotions and the like. The Supreme

JudicialCouncil isconvenedunder thechairmanshipof the

Head of the Executive Branch and theMinister of Justice

holdsthepositionofViceChairman.TheCouncilconsistsof

thefollowing:

Three appointees nominated by the Head of theExecutiveBranch,Speakerof theNationalParliament

andthe

President

of

the

Senate.

12MemberselectedbyJudgesandPublicProsecutors(six Judges in Civil and Criminal Courts and six

DistrictAttorneys/AttorneyGeneral).

WhendealingwithmattersconcerningJudgesinCivilandCriminalCourts,theCouncilwillcomprise:three

appointee members, five Judges and one District

Attorney/AttorneyGeneral.

When dealing with matters concerning AttorneyGeneral and District Attorneys, the Council will

comprise: appointee members, five District

Attorneys/Attorney General and one Civil or

CriminalJudge.


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ThetermforTheSupremeJudicialCouncilisforfouryears

andallitsmemberscaneitherbeelectedorappointedfora

single term.Theway inwhichwork isdividedbetween the

Councilanditsorganizationwillbedeterminedbylaw.

Article39:

The

letter

of

appointment

for

the

Head

of

the

Supreme Court, Head of all District Courts, Senior

ConsultantsandtheAttorneyGeneralmustbesignedbythe

Head of the Executive Branch. All other letters of

appointmentwillbesignedbytheMinisterofJustice.

Article40:Inordertoinvestigatethecomplaints,grievances,

and protests of the people with respect to government

officials, organs, and statutes, a Court of Administrative

Justicewill

be

established.

The

jurisdiction,

powers,

and

modeofoperationof this courtwillbedeterminedby the

law.

TheExecutiveBranch

Article41:TheHeadof theExecutiveBranch is thehighest

executive authority in the country and bears responsibility

for carryingout the provisions of thenational constitution

andcoordinatingrelationsbetweenthethreebranches.The

Headof

the

Executive

Branch

is

also

Commander

in

Chief

of

all the armed forces. TheHead of the Executive Branch is

elected fora fiveyear termby thedirectsecretballotvote

of thepeople. It is forbidden for theHeadof theExecutive

Branch to remain in office beyond two consecutive terms.


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TheprocedurefortheelectionoftheHeadoftheExecutive

Branch, the limits tohis/herpower1andauthorityand that

ofhisCabinetMinisterswillbelaiddownbythelaw.

Article 42: TheHead of the ExecutiveBranch is obliged to

signlegislation

approved

by

the

National

Parliament

or

the

resultofa referendum,after the (related) legalprocedures

havebeencompletedandithasbeencommunicatedtohim.

After signing, he must forward it to the responsible

authorities for implementation. In theevent that theHead

of the Executive Branch is opposed to any piece of

legislation,hecandelay its implementation foraperiodof

three months, in which time he must communicate the

reasons forhisdisapprovaltoboththeNationalParliament

andthe

people.

By

citing

reason,

he

can

also

demand

that

the legislation approved and sent to him by the National

Parliamentberevised.Inthefinalevent,therighttocallfor

anationalreferendumisheldinreservefortheHeadofthe

ExecutiveBranch.TheHeadoftheExecutiveBranchalsohas

the right todissolve parliament nomore thanonce in the

course of any calendar year, though he is obliged to hold

parliamentaryelectionsinnomorethan60daysthereafter.

1ForthepurposesofthisdocumentonlytheHeadoftheExecutiveBranchhasbeen

referredtoashe/his/him.


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Article43:TheHeadof theExecutiveBranch can call fora

national referendum and the direct vote of the people on

anycrucialeconomic,political,socialorculturalmatter.

Article44:TheHeadoftheExecutiveBranchalsoHeadsthe

Cabinetof

Ministers.

The

appointed

Deputy

to

the

Head

of

theExecutiveBranchwillalsoholdthetitleof Secretaryof

theCabinetofMinisters.

Article45:AllMinisters, including Secretaryof theCabinet

ofMinisters, are appointed anddismissedby theHeadof

theExecutiveBranch.

Article46:TheHeadoftheExecutiveBranchmaysubmithis

resignation,to

both

Houses,

at

any

time

during

his

term

of

office. In case of death, dismissal, resignation, absence, or

illnesslastinglongerthanthreemonths,thePresidentofthe

Senate will assume all the powers of the Head of the

ExecutiveBranch for aperiodof thirtydays atwhich time

newelectionsmustbeheld.

Article47:TheHeadoftheExecutiveBranchfortheduration

oftheperiodinwhichheheadstheExecutiveBranchcannot

beprosecuted

in

any

general

court.

But

in

extraordinary

circumstances, theHouses of Parliament have the right to

investigateand impeachhimsubject toobtainingthevotes

of threefifths of their members both in the National

ParliamentandSenate.


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TheFourthPillar

Article48:Publicationofbooksandpressandthecreationof

radioand televisionstations inadditionwithanycomputer

basedactivityon the internetaswellasanyactivityhaving

todo

with

the

dissemination

of

information

is

the

right

of

all

citizensinthenewIran(activitiesofgovernmentradioand

televisionstationswillbegovernedunderthesupervisionof

acouncilappointedbytheHeadoftheExecutiveBranchand

ratified by the National Parliament). The formation of all

politicalparties,professionalassociationsandthelikeisalso

therightofallcitizensinIranandrequiresnolicensefrom

any source within the State. Only the registration of the

names and logos is required solely for the purpose of

preventingfuture

confusion

or

dispute.

Any

dispute

emanating fromanyof theabovesourcesbyanypartywill

bedealtwithby the lawsof the landand isnot inneedof

anyspecificorspeciallaws.

RevisionoftheNationalConstitution

Article49:Anyrevisionofthenationalconstitutionwilltake

placeinthefollowingmanner:

1. The First National Parliament has the exceptionalright

to

make

any

changes

in

the

National

Constitution

duringthelast2yearsofitslifespan.

2. Revision to the National Constitutionmay also takeplaceatanytimeinthefollowingtwoways:


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a.At the requestof theHeadof theExecutiveBranch:

(1)BywayofReferendum.(2)With the approval of twothirds of themembersofbothHousesofParliament.

b.AttherequestofbothHousesofParliament:WiththeapprovaloftwothirdsofthemembersinbothHouses.

******

AGreenWavePublication

P.O.Box326LondonSW153NY,UK


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[email protected]

provisional government iran july 2010

Documents