Order 82: Iraqi National Foundation for Remembrance

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Order 82: Iraqi National Foundation for Remembrance
L. Paul Bremer, Coalition Provisional Authority
Deficient OCR, possibly incomplete. Original PDF available at Commons:Category:Coalition Provisional Authority documents.

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 82
IRAQI NATIONAL FOUNDATION FOR REMEMBRANCE


Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),

Recognizing that the Iraqi people have long suffered from terrible abuses of their
fundamental freedoms and human rights,

Acknowledging that the Iraqi people are still uncovering long-hidden evidence of the
brutality inflicted on them by the previous regime,

Noting that accounting publicly for the past atrocities and educating the Iraqi people
about them will serve as a crucial safeguard against future abuses of fundamental
freedoms and human rights,

Desiring that the establishment of monuments, memorials and other historical and artistic
exhibitions will create a lasting record of the crimes committed against the Iraqi people, a
tribute to Iraqi resilience and a caution to future generations,

I hereby promulgate the following:

Section 1
Purpose


The Iraqi National Foundation for Remembrance (the “Foundation”) will take steps to
ensure that the atrocities of the previous regime are memorialized so that current and
future generations of Iraqis will understand and remember this dark period of Iraqi
history and take those steps necessary to preserve an open and democratic government
which protects human rights, fundamental freedoms and dignity.

Section 2
Establishment


1) The Iraqi National Foundation for Remembrance is hereby established.

2) The Foundation will consider proposals from across the nation on how best to
memorialize the victims of these brutal atrocities and the sacrifices made by Iraqi
individuals and the communities of Iraq. The Foundation will seek proposals to
memorialize and commemorate, among others, those who suffered or lost their
lives during the 1991 Intifada, the 1988 Anfal campaign and other massacres, the

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1986-1988 chemical attacks, the “Arabization” and other forced relocation
campaigns, the draining of the Marshlands, the 1999 Student Uprising in Najaf, as
well as the many other atrocities committed by the previous regime against
members of the political opposition in all ethnic and religious groups. The
Foundation may obligate funds for selected proposals by grant or direct
contracting.

3) The Foundation will publish and distribute widely requests for proposals for
monuments, memorials, historical and artistic exhibitions (both permanent and
traveling) and other programs to educate and inform the public. The selection
criteria will be transparent and non-discriminatory and be included in all requests
for proposals. The Foundation, by a majority vote of its Board of Directors, will
choose the proposals to be funded from its budget after fairly and objectively
evaluating each proposal submitted.

4) The Foundation will seek to raise private funds for establishing a national
memorial museum in Baghdad. This museum will document, study and present
publicly the history of atrocities suffered under the previous regime. The
Foundation, by a majority vote of its Board of Directors, will decide on the
acceptance of each private donation for the museum. The Foundation will adopt
procedures providing for any solicitation and acceptance of funds for the museum,
including procedures to ensure that no funds are accepted from donors who are
seeking special benefits from or access to the Governments of Iraq through such
donations, to ensure that no person or entity is advantaged or disadvantaged
because of a donation or a failure to donate, and to ensure that any solicitation and
acceptance of funds will be separate from any of the funding decisions authorized
in Section 2(3) of this Order. The Foundation will ensure that funding for the
establishment of this museum will not affect or influence in any way decisions
made pursuant to Section 2(3) of this Order.

5) The Foundation will develop policies and implement programs as may be
necessary to give effect to this Order.

6) The Foundation will seek the enactment of such legislation as necessary to protect
and preserve memorials, monuments, other historical and artistic exhibitions and
the museum.

Section 3
Organization

1)
A Board of Directors, comprised of seven Directors, will guide the Foundation.
The Administrator will appoint the Board of Directors after consultations with the

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Iraqi Governing Council, other public figures, civil society and, as appropriate,
relevant international experts.

2)
Each Director will serve two-year terms. The terms of the Directors will be
staggered, so that initially three directors will be appointed to one-year terms and
four directors will be appointed to two-year terms.

3)
The Board of Directors will select a Chairman and Vice Chairman from among its
members. The Chairman will manage the activities and discussions of the
Foundation and schedule, convene and chair all meetings of the Foundation.
When the Chairman is unavailable, the Vice Chairman will assume these duties.

4) The Administrator will appoint an Executive Director after consultations with the
Iraqi Governing Council. The Executive Director will report directly to the Board
of Directors. The Executive Director will lead the daily operation of the
Foundation. The Executive Director will serve a five-year term, which may be
renewed once.

5) In the event of a vacancy on the Board of Directors or in the Executive Director
position prior to June 30, 2004, by reason of death, resignation, or removal, then
the Administrator will appoint a new director or Executive Director, as
appropriate, in accordance with Section 3(1) or Section 3(4) of this Order. In the
event of a vacancy after June 30, 2004 on the Board of Directors or in the
Executive Director position by reason of the expiration of a term in office, death,
resignation, or removal, a new director or Executive Director, as appropriate, will
be appointed by the Iraqi head of government with the ratification of the body
vested with national legislative authority. The Board, by a vote of six directors,
may remove a director or the Executive Director for malfeasance, misuse of public
funds, failure to fulfill Foundation duties or because of permanent incapacitation.

6) The Executive Director will organize the Foundation’s personnel into such
departments as is deemed necessary and appropriate.

7) The Executive Director may set up such regional offices as is deemed necessary,
appropriate and cost-efficient to facilitate, implement, and coordinate the work of
the Foundation at the local level.

8) The Foundation will have an Inspector General who will be appointed and will
serve consistent with CPA Order No. 57 (CPA/ORD/5 February 2004/57). The
Inspector General will report directly to the Executive Director except as provided
for in Section 3(1) of the CPA Order No. 57 (CPA/ORD/5 February 2004/57).

CPA/ORD/28 April 2004/82


9) The Board of Directors and the Executive Director may establish an advisory
committee which could include, for example, the Minister of Culture, the Minister
of Human Rights, the Director of the National Museum, and other experts who
could provide expertise to the Foundation.

10) The Foundation should consult with relevant Iraqi governmental institutions,
including the Ministry of Human Rights, the Ministry of Displacement and
Migration, and the Ministry of Culture, to ensure that proposed programs are not
duplicative and instead complement their efforts.

Section 4
Personnel and Administration


1) The Executive Director, in the name of the Foundation, may hire and employ
personnel in accordance with Iraqi law, as amended by CPA Orders and
Memoranda, and subject to established budget constraints. Such hiring will be
consistent with CPA Order Number 1 (CPA/ORD/16 May 2003/01) and any
authorized implementation thereof.

2) The salaries of Foundation personnel will conform to the salary structure
applicable to Iraqi government employees.

3) All contracting by the Foundation, including project selection, will be conducted
to the maximum extent practicable consistent with CPA Memorandum No. 4
(CPA/MEM/19 August 2003/04), including applicable conflict-of-interest rules,
and any successor law on government procurement.

Section 5
Budget

The Executive Director will be responsible for developing and implementing the
budget of the Foundation, while the Board of Directors will be responsible for
approving the budget. The Foundation will coordinate with the Ministry of Finance
regarding its budget.

Section 6
Durability and Precedence

This order will remain in force unless repealed by the Administrator or superseded by
legislation duly enacted and having the force of law. This order will take precedence
over all other laws and publications to the extent such other laws and publications are
inconsistent.

CPA/ORD/28 April 2004/82

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).