CHARGE DISCUSSES CONSTITUTIONAL ISSUES WITH IRAQ'S

C O N F I D E N T I A L BAGHDAD 003038

SIPDIS

NOFORN

E.O. 12958: DECL: 07/20/2015
TAGS: PGOV PINS PREL IZ
SUBJECT: CHARGE DISCUSSES CONSTITUTIONAL ISSUES WITH IRAQ'S
VICE PRESIDENT SHAWAYS


Classified By: Charge d' Affaires David M. Satterfield for reasons 1.4
(b) and (d)


1. (C/NF) Summary. Vice President Shaways told Charge on July
20 that federalism, Iraqi identity, and Kirkuk represent the
three redline issues on which the Kurds will not compromise
in the constitutional negotiations. Shaways enumerated the
measures that the Kurds insist be in the constitution to
resolve the Kirkuk issue, emphasizing language resembling
Transitional Administrative Law Article (TAL) 58. The Charge
counseled against encouraging hard-line Kurdish demands and
urged Shaways to advise KRG President Barzani to participate
directly in the final negotiations in Baghdad. End Summary.

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Kurdish Constitution Redlines
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2. (C/NF) In a July 20 meeting with Charge, Vice President
Rowsch Shaways said the Kurdish delegation to the
constitutional talks has three redline issues: 1) Iraq must
be a federation; 2) not all of Iraq should be part of the
Arab Nation; and, 3) the process to resolve the dispute about
Kirkuk should be delineated along the lines of TAL Article

58. Charge replied that the USG supports incorporating TAL
Article 58 language in the constitution for purposes of
addressing Kirkuk. He went on that the process of confidence
building in Kirkuk, through funding activities of the Kirkuk
Foundation and Property Claims Commission should begin
now-and the U.S. was pushing this--,but a "resolution" on
Kirkuk could only come after the December elections have been
completed and a new government established.


3. (C/NF) In his rejoinder, Shaways said the Kurds will push
for a process that 1) allows Kurds and Turkmen refugees to
return to Kirkuk; 2) defines the mechanism for delineating
Kirkuk's administrative borders; 3) defines the process and
timeline for a census; 4) acknowledges that the Kurds and
Turkmen who registered themselves as Arabs may re-register as
Kurds and Turkmen ; and 5) restores Kurds and Turkmen to
positions formerly held in government agencies and the Iraqi
oil company. "What we need to see most," said Shaways, "is
that the process of normalization in Kirkuk move forwards to
a resolution."

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Kurdish Constitutional Negotiating Tactics
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4. (C/NF) Charge told Shaways that hard-line Kurdish demands
in the constitutional negotiating process are
counterproductive, given the short deadline and Sunni
concerns regarding participation. Charge urged Shaways to
encourage KRG President Barzani to travel to Baghdad soon and
remain there until the negotiations are complete. Shaways
agreed, but said some of Barzani's advisors might recommend
that he not leave the North for his own safety and other
business. "I will do my best to convince him, however," said
Shaways.

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Other Constitutional Issues
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5. (C/NF) Shaways confirmed that the Kurds prefer the concept
of a single national electoral district, but can accept an
electoral governorate district system (Comment. The Kurds
believe that they would lose votes in Baghdad and other areas
if the constitution were to institute a provincial or
multi-district electoral system. They thus sense that a
single national district is in their best interests. End
comment.) They will not compromise on other issues of
federalism. Charge pressed Shaways on the need for national
ownership of natural resources. He also pointed to the
flexibility inherent in federalism as a means to allay
Kurdish concerns about revenue sharing, financing, and
investment.


6. (U) REO HILLA, REO BASRA, REO MOSUL, and REO KIRKUK,
minimize considered.
Satterfield