C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002853

SIPDIS

E.O. 12958: DECL: 07/07/2025
TAGS: PREL PGOV KDEM IZ
SUBJECT: PM JAFARI TELLS CODEL LEVIN CONSTITUTION BY
AUGUST 15 IS ACHIEVABLE


Classified By: Political Counselor Robert S. Ford.
Reasons 1.4(b) and (d)


1. (C) Summary. In a July 6 meeting with Codel
Levin, PM Jafari opined that a constitution is
achievable by August 15. Despite repeated attempts,
CODEL Levin did not obtain Jafari's acknowledgement
that a resolution by the Transitional National
Assembly (TNA) welcoming the presence of Coalition
Forces or an ITG announcement of a "plan" of security
transfer would be useful. Regarding Sunni concerns
about a new legal initiative on confiscation of
property, Jafari explained that the law would not
confiscate Sunni money. Instead, the law will allow
seizure of stolen money from criminal elements that
are using these funds to finance terrorism. Finally,
Jafari acknowledged that the Jordanian King's recent
speech condemning terrorism and sympathizers was a
positive gesture. End Summary.

AUG 15 DRAFT ACHIEVABLE
--------------


2. (C) In a July 6 meeting CODEL Levin asked Prime
Minster Jafari if a full constitution could be
produced by August 15. Citing Iraq's determination to
successfully hold elections and form a government,
Jafari replied in the affirmative. He said, "I do not
exaggerate when I say 80 to 90 percent of the
constitution has already been agreed on." Without
going into details, Jafari listed the following
outstanding issues hanging over the constitution:
Kirkuk; federalism; articles on Islam; protection of
minorities, human/women's rights; the risk that the
draft constitution might be rejected by 2/3 of the
voters in three or more provinces, thus sinking the
draft; and the transfer of power if the draft
constitution passes.

WELCOME BY TNA DESIRABLE
--------------


3. (C) Senator Levin repeatedly asked Jafari if he
thought that a TNA resolution -- stating that the
Coalition Forces were not "occupiers" and Iraqis want
them to be here -- could be "useful". Levin explained
that such a resolution would help counter the
insurgency's propaganda. Jafari merely replied that
the TNA understands that the CF needs to be in Iraq.

4. (C) Similarly, Levin inquired if it would be
useful to announce a "plan" of military cooperation
between the Iraqi forces and the CF that -- without
setting a timeline for departure -- that outlines the
transfer of security responsibility as the Iraqi
forces grow stronger. Jafari replied that as Iraqi
forces increase their capacity, they would take more
responsibility and leadership in the provinces.
However, to give Iraqi forces total control, Jafari
noted that both tactical and strategic capabilities
have to be developed further. Jafari added that he
would continue to meet with military leaders on the
ground, including General Casey, to discuss Iraqi
forces taking more leading roles.

SUNNIS THREATENED BY NEW LAW?
--------------


5. (C) Senator Levin shared Sunni leaders' concern
regarding a new law initiative on confiscation of
property under review by the Council of Ministers.
The law has not come before the TNA yet. Jafari
explained that the Sunni leaders do not have a clear
idea about the law; it does not confiscate Sunni money
or even ex-Baathist money -- only stolen money. He
added that there is no intent in the law to target the
old regime. Jafari explained that the law would allow
seizure of stolen money from criminal elements that
are using the funds to finance terrorism.


6. (C) Finally, Levin asked if Jordan is playing a
constructive role. Jafari mentioned that the
terrorist Zarqawi is Jordanian and Iraqi money in
Jordan is being used against Iraq. However, he
conceded that on July 5 the Jordanian King gave a
positive speech condemning terrorism and sympathizers.
If Jordanian policy follows the lines of the speech,
Jafari concluded, it would be positive.


7. (C) Comment. Jafari's list of outstanding
constitutional issues is far more important and
sensitive than the 10 - 20 percent weighting Jafari
provided. Disagreements on Kirkuk alone have the
potential to seriously delay the process, as when the
Kurds threatened to boycott the Provincial Council
election in January. Jafari declined repeatedly to
encourage either the idea of a TNA resolution
welcoming the presence of Coalition Forces or an
announcement by his government of a "plan" for
eventual security transfer. Jafari appears to be wary
of raising the issue of the Coalition Forces directly
with the Assembly -- an attitude that is aggravating
the hard-line stance adopted by a minority of the
Assembly members. End Comment.


8. (U) List of participants:
Senator Carl Levin (D-MI)
Charge d'Affaires David Satterfield
Richard DeBobes, Minority Staff Director
Daniel Cox, Professional Staff Member
Prime Minister Ibrahim Al-Jafari
Abdul Aziz Tamimi, Chief of Staff
Bashar Nahar, Prime Minister Advisor


9. (U) CODEL Levin did not have the opportunity to
clear this cable.


10. (U) REO HILLAH, REO BASRAH, REO MOSUL, and REO
KIRKUK, minimize considered.


Satterfield