Transition Framework

Table of Contents

Introduction

The method of achieving a new government and constitution is more important than the content and structure of the new constitution itself. The extent to which this process is democratic, transparent, and based on the right values will determine how well the objectives of the new constitution are realized.

Clearly, a transition framework is meaningful only if it is accepted by the people and active political and civil actors. For Iran, achieving such acceptance involves presenting the proposed framework to the public, initiating a public dialogue for critique and discussion, and ultimately reaching a final agreement among key actors through dialogue, negotiation, and bilateral and multilateral cooperation.

We believe that any transition framework ultimately agreed upon by the groups must have the following characteristics:

  • Free: Recognizes the pluralistic nature of political and civil activity during the transition period, allowing any individual or group to present their preferred type of government for public vote without any preconditions for discussing Iran’s future.
  • Transparent: All activists claiming influence over the transition process must have complete transparency regarding all related issues, their desired values, and their positions on various matters. They should have drafted or selected specific proposals for Iran’s new governance. The only acceptable restriction preventing a group’s proposed government from being put to a public vote is a lack of transparency in presenting their positions and values or failing to provide a vision for the constitution.
  • Integrity and Unity: Groups should remain committed to their values and positions throughout the transition process and condemn any actions that violate these values.
  • Democratic: The transition process management and the members of the constitutional assembly should be directly or indirectly elected by the people.
  • Efficient: The country’s bureaucracy and the economic and social conditions of the people should not suffer more during the transition and should be managed by a designated authority.
  • Republic-Based: Rather than the constitutional assembly starting from scratch to write a new constitution, the general structure of the new constitution should be determined by an election.
  • Based on Public Dialogue: The constitutional assembly should be given enough time to create an inclusive public dialogue and should not be forced to reach a conclusion quickly.
  • Considering All Possibilities: The adopted method should be valid under any conditions that enable elections, ensuring that even if supporters of the current constitution win the majority in the governance type election, there is still the possibility of constitutional amendments based on minority opinions and a planned exit from deadlocks.
    woman sitting on brown concrete chair

    Chapter One: Proposed Framework for the Activities of Groups, Parties, and Individuals Until a New Constitution is Achieved (Transition Process)

    1. Organized Publication: Parties, individuals, and groups should publish their values, approaches, and strategies, both for the transition period and for their desired future government.
    2. Draft and Publish Vision: These individuals and groups should draft and publish their vision regarding the type and structure of government and the constitution for Iran’s future.
    3. Answering Questions: Individuals and groups should fully respond to questions from Iranian citizens and other groups.
    4. Organizing Supporters: Each group, according to its strategy, should organize its supporters to meet the necessary conditions for free elections on the type of government.
    5. Forming Alliances: Groups may, if they wish, form alliances based on their shared values and present a joint constitutional vision.
    6. Submitting Proposals for Election: During the constitutional elections, any group or alliance with a constitutional vision endorsed by at least 0.5% of the total population can submit that vision for public vote. Along with the constitutional vision, a candidate for the first head of state (President, Prime Minister, King, Leader, etc.) should be proposed to assume responsibility for the transition process.
    7. Selection and Implementation: The vision receiving the most votes (in the second round, if necessary) will be accepted as the foundational proposal for the new constitution, and the associated individual will become the first head of the new government (First Head).
    8. Managing Transition: The elected group and the First Head will manage the country during the transition period and, if necessary, oversee the drafting of the new constitution based on their pre-election proposal. All country entities will operate according to the selected foundational constitutional plan during the transition.
    9. Constitutional Assembly: A 60-member constitutional assembly will be formed to draft the final constitution, with 50% of the members nominated by the elected group in the constitutional election, 45% by other participating groups proportional to their first-round votes, and 5% representing those who collected at least 0.1% of signatures but did not participate in the election.
    10. Temporary Governance: The initial government will operate based on the temporary foundational constitutional vision. The selected officials will begin their duties with appointments by the First Head and approval by the constitutional assembly to prevent delays in daily governance.
    11. Referendum and Final Approval: After reviewing and finalizing the constitution, the final document will be put to a referendum and approved with a two-thirds majority vote.
    12. Election Oversight: Election processes will be overseen by the “Election Organizing Committee,” including representatives from various civil institutions (e.g., Bar Association, Writers’ Association, Teachers’ Union, Cinema House, Chamber of Commerce, etc.) and non-voting observer members from groups or individuals with sufficient support.
    13. Independence and Impartiality: The nominated representatives should be known for their independent opinions and cannot be government employees or known for unconditional government support. The committee will make decisions by majority vote.
    14. Ministerial Support: The Ministry of Interior will provide all necessary resources for conducting elections.
    15. Election Preparation: Upon enabling election conditions, the Bar Association will nominate its representative. The representative will request other civil institutions to nominate their representatives to the Election Organizing Committee. Representatives will present their perspectives in national and local media and collect supporting signatures for two months, followed by elections. If there is no established government, a three-member council from active political groups will manage the country until the election day.
    16. Finalizing Constitution: Within four years of the constitutional election, the new constitution must be approved by the people, and elections for all elective institutions must be completed. If the constitution is not approved within two years, disputes will be resolved through public vote, ensuring the foundational principles approved initially are maintained.

    The ceiling of a building with a lot of paintings

    Chapter Two: Proposed Framework for Policy on Addressing the Actions of Officials and Active Groups Before the Constitutional Election (Implementing Justice)

    Historical Context

    Historically, new governments have often sought revenge against previous rulers, denying their achievements and marginalizing or even eliminating their collaborators. It is time to pursue justice instead of revenge and seek truth rather than blood. Therefore, a three-stage process is proposed for addressing these actions:

    1. Truth Discovery

    • The primary mission is to uncover the complete truth about the actions of previous officials and activists. This includes determining who knew, encouraged, decided, opposed, commanded, and executed various actions, the timing, and the consequences of these decisions.
    • The Truth Discovery Commission, chosen by the constitutional assembly from lawyers, researchers, and experts, will organize all domains to uncover and disclose the entire truth to the public and historical courts without any political or emotional compromise.

    1. Philosophy and Process for Addressing Crimes and Injustices (Justice Document)

    • The Justice Commission, consisting of 30 prominent lawyers, judges, and scholars, will define the philosophy, scope, and specific penalties for various injustices, aiming to stop the cycle of violence and create a safe, acceptable environment for the future.
    • The Commission will draft its operational framework, priorities, and necessary authority within one month for approval by the constitutional assembly. It will outline punishments for crimes, considering ideological versus lawful crimes, coercion, encouragement, and opposition, and determine compensation for victims.

    1. Court Proceedings and Enforcement of Penalties (Historical Courts)

    • Historical courts will begin work after the Justice Document is approved and thorough investigations are completed. The constitutional assembly will appoint the prosecutor, and trials will involve a jury of ordinary citizens.
    • A list of primary defendants will be created, ensuring their presence until the justice process concludes. The Commission will identify and impose appropriate penalties while providing mechanisms to prevent future injustices and ensure fair compensation for victims.