Illegalities of the Iraq handover

iVillage Member
Registered: 03-24-2004
Illegalities of the Iraq handover
26
Sun, 08-08-2004 - 3:37pm
The Hand-Over That Wasn't

Illegal orders give the U.S. a lock on Iraq's economy.

By Antonia Juhasz

Antonia Juhasz is a project director at the

International Forum on Globalization in San Francisco

and a Foreign Policy in Focus scholar.

August 5, 2004

http://www.latimes.com/news/opinion/commentary/la-oe-juhasz5aug05,1,3831327.story?coll=la-news-comment-

Officially, the U.S. occupation of Iraq ended on June

28, 2004. But in reality, the United States is still

in charge: Not only do 138,000 troops remain to

control the streets, but the "100 Orders" of L. Paul

Bremer III remain to control the economy.

These little noticed orders enacted by Bremer, the

now-departed head of the now-defunct Coalition

Provisional Authority, go to the heart of Bush

administration plans in Iraq. They lock in sweeping

advantages to American firms, ensuring long-term U.S.

economic advantage while guaranteeing few, if any,

benefits to the Iraqi people.

Although many thought that the "end" of the occupation

would also mean the end of the orders, on his last day

in Iraq Bremer simply transferred authority for the

orders to Prime Minister Iyad Allawi — a 30-year exile

with close ties to the CIA and British intelligence.

Further, the interim constitution of Iraq, written by

the U.S.-appointed Iraqi Governing Council, solidifies

the orders by making them virtually impossible to

overturn.

A sampling of the most important orders demonstrates

the economic imprint left by the Bush administration:

Order No. 39 allows for: (1) privatization of Iraq's

200 state-owned enterprises; (2) 100% foreign

ownership of Iraqi businesses; (3) "national

treatment" — which means no preferences for local over

foreign businesses; (4) unrestricted, tax-free

remittance of all profits and other funds; and (5)

40-year ownership licenses.

Thus, it forbids Iraqis from receiving preference in

the reconstruction while allowing foreign corporations

— Halliburton and Bechtel, for example — to buy up

Iraqi businesses, do all of the work and send all of

their money home. They cannot be required to hire

Iraqis or to reinvest their money in the Iraqi

economy. They can take out their investments at any

time and in any amount.

Orders No. 57 and No. 77 ensure the implementation of

the orders by placing U.S.-appointed auditors and

inspector generals in every government ministry, with

five-year terms and with sweeping authority over

contracts, programs, employees and regulations.

Order No. 17 grants foreign contractors, including

private security firms, full immunity from Iraq's

laws. Even if they, say, kill someone or cause an

environmental disaster, the injured party cannot turn

to the Iraqi legal system. Rather, the charges must be

brought to U.S. courts.

Order No. 40 allows foreign banks to purchase up to

50% of Iraqi banks.

Order No. 49 drops the tax rate on corporations from a

high of 40% to a flat 15%.

Order No. 12 (renewed on Feb. 24) suspends "all

tariffs, customs duties, import taxes, licensing fees

and similar surcharges for goods entering or leaving

Iraq." This led to an immediate and dramatic inflow of

cheap foreign consumer products — devastating local

producers and sellers who were thoroughly unprepared

to meet the challenge of their mammoth global

competitors.

Clearly, the Bremer orders fundamentally altered

Iraq's existing laws. For this reason, they are also

illegal. Transformation of an occupied country's laws

violates the Hague regulations of 1907 (ratified by

the United States) and the U.S. Army's Law of Land

Warfare. Indeed, in a leaked memo, the British

attorney general, Lord Goldsmith, warned Prime

Minister Tony Blair that "major structural economic

reforms would not be authorized by international law."


With few reconstruction projects underway and with

Bremer's rules favoring U.S. corporations, there has

been little opportunity for Iraqis to go back to work,

leaving nearly 2 million unemployed 1 1/2 years after

the invasion and, many believe, greatly fueling the

resistance.

The Bremer orders are immoral and illegal and must be

repealed to allow Iraqis to govern their own economic

and political future.

Pages

iVillage Member
Registered: 03-26-2003
Mon, 08-09-2004 - 8:25am
Sondra, while catching up on the board,

Djie

iVillage Member
Registered: 03-24-2004
Mon, 08-09-2004 - 10:00am
Believe me, I still think the war is wrong, and that will never change.

As far as you saying I didnt respond to you, I thought I did honestly. If it all possible can you send me the link since I am too lazy to look for it. :-)

Now what constitutes me thinking long and hard had to deal with my family, but also I talked with other muslims and the imam at my mosque. I forget the actual wording but there is this hadith that says: Money obtained in the wrong way will never be blessed. No matter what good you do with that money it is still wrong and nothing good will ever come from it." Gambling in Islam is wrong, so if I won 20 million and gave 2 million to a charity, anything from that money would never be blessed or good it would always be tainted with sin. I am always trying for blessings as they will counteract my sins I do Inshallah (If ALLAH wills).

I posted that article becuase I thought it was very interesting. The Iraqis don't have the opportunities I do when it comes to jobs. I believe this to be very wrong. However, my imam says while it is not right what they are doing, it is still not a sin. I cant change everything nor can I control everything either. It was a long discussion, but that was the bottom line, and he wished me well. Now things changed all the time, and if I ever see or hear anything wrong, I can leave. Like most other things, I try to become involved. One can not always rely on the media. I am a doer, I always try not just sit back and criticize while others do. So on many levels I can see first hand what is going on, and maybe in the near future things will get better. I want to be a part of making life better for Iraqis and for others.

With the money I am recieving and saving, of course most of it is going to my son and my family. The other portion of it is for me to be able to move to Egypt, where I can have my own business and live comfortably. I will also be able to do other things to help muslims who are less fortunate than me and actually see what happens and help. Mystic knows, as she is always trying, I would love to be in Palestine helping. It is just that the jobs do not pay very well, especially in American dollars, so it would be of no help. I still have my family to think about, and that gives me many blessings to do for them. Eventually I am moving to Mecca, where I would like to die as that is the holiest place on Earth.

Like I said, I alone can not change the world, but I am trying by doing. I make mistakes, and if this is a mistake or wrong, ALLAH will show me.

iVillage Member
Registered: 03-26-2003
Tue, 08-10-2004 - 5:10am

Djie

Avatar for tmcgoughy
iVillage Member
Registered: 04-08-2003
Tue, 08-10-2004 - 7:59am
Am I the only one around here who thinks that some things are just not open to debate?
The first key to wisdom is constant and frequent questioning, for by doubting we are led to question and by questioning we arrive at the truth.  -
iVillage Member
Registered: 03-26-2003
Tue, 08-10-2004 - 8:29am

Tracey,


I'm not debating Sondra's decision. Like I said, I am trying to understand it. You míght have noticed that I explicidly offered my email (since somehow

Djie

Avatar for tmcgoughy
iVillage Member
Registered: 04-08-2003
Tue, 08-10-2004 - 9:33am

"I don't think it is inappropriate at all

The first key to wisdom is constant and frequent questioning, for by doubting we are led to question and by questioning we arrive at the truth.  -
iVillage Member
Registered: 03-26-2003
Tue, 08-10-2004 - 12:24pm
Well then Tracey, here's mý piece.

Djie

iVillage Member
Registered: 03-26-2003
Thu, 08-12-2004 - 5:02am
Hi Sondra!

Can't email back, so just to let you know.....

Thanks for your email telling you (just as I thought)

Djie

iVillage Member
Registered: 06-17-2004
Thu, 08-12-2004 - 11:55am
I was getting ready to post a reply when I read yours. I agree with you completely.

iVillage Member
Registered: 06-17-2004
Thu, 08-12-2004 - 11:59am


I understand completely why she addressed you in this manner. You were happy with Sondra's decision but when she entrusted us with her reasons for her actions you proceeded to challenge her and the bottom line is: It's None Of Your Business!

The reason this caught my attention is it's such a blatent invasion of someone else's privacy. (and darn rude besides)



Pages