Identifier
Created
Classification
Origin
05BAGHDAD3424
2005-08-19 19:37:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

CONSTITUTION UPDATE, AUGUST 19 -- MORE PROGRESS

Tags:  PGOV PHUM KDEM IZ 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003424 

SIPDIS

E.O. 12958: DECL: 08/18/2025
TAGS: PGOV PHUM KDEM IZ
SUBJECT: CONSTITUTION UPDATE, AUGUST 19 -- MORE PROGRESS


Classified By: DCM DAVID SATTERFIELD, REASON 1.5 (B) AND (D).

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003424

SIPDIS

E.O. 12958: DECL: 08/18/2025
TAGS: PGOV PHUM KDEM IZ
SUBJECT: CONSTITUTION UPDATE, AUGUST 19 -- MORE PROGRESS


Classified By: DCM DAVID SATTERFIELD, REASON 1.5 (B) AND (D).


1. (C) Leaders of the top Iraqi political factions,
including representatives of the major Sunni Arab political
groups, met at the Ambassador's residence on the morning of
August 19. While a line-by-line review slowly progressed,
a variety of side-meetings focused on critical issues
produced closure on all but the question of resources.
Further Shia-Kurd discussions resulted in significant
movement toward agreement on this issue, key to closing on
an overall constitution text.

In the August 19 morning meeting they agreed on:

-- rewriting an article in the first section on basic
principles. Article 2 now reads that "the constitution
will "safeguard" (instead of "respect") the Islamic
identity of the majority of the Iraqi people and guarantee
all the religious rights of all individuals, and the
freedom of faith and religious practices.";

-- taking out references to the Shia religious authority
from the text;

-- outlawing foreigners from owning real estate except in
cases regulated by law;

-- stipulating that the state would guarantee freedom of
express and the press "as long as these do not violate
public order and decorum."

-- the principle of freedom of assembly and peaceful
demonstration to be regulated by law;

-- keeping in the text article 27 of the section that
gives freedom to followers of all religions or sects the
freedom to (a) practice religious rituals; (b) manage
religious endowments, as regulated by law and (c) provides
a guarantee by the state that all places of worship will be
protected.

-- keeping in the text article 28 that states that the
"individual has freedom of thought, conscience and
religion."

-- using language from Deputy President Ghazi al-Yawer
about the state promoting the interests of tribes while
"forbidding tribal customs that are incompatible with human
rights." (Comment: Iraqi women objected to any state
support for tribal customs that might justify actions like
honor killing. The text now makes it clear the state will
not support such acts. End Comment.)


2. (C) The group put aside until later many tougher
issues, including Iraq's identity (there was yet again
another long discussion between Kurds and Sunni Arabs on
this today),on the personal status law (of great interest
to those trying to preserve women's rights). The group
also put aside until later consideration about whether or
not to include an article confirming Iraq's permanent
unity.


3. (C) The group agreed to convene again on the evening
of August 19 where it will begin seeking final agreement on
the structure of government. Assuming there is time left,
it will then have to address the contentious issues
surrounding federalism.


4. (C) In the course of the day, the Ambassador conducted
side discussions with key Shi'a and Kurdish leaders in an
effort to broker a compromise on the treatment of natural
resources. In separate meetings, he proposed the following
formulation to Jalal Talabani, Adil Abdel-Mahdi, and Masud
Barzani:

Begin Text: All of the oil and gas resources of Iraq are
the property of the all of the people of all of the regions
and governorates of Iraq.

The development of oil and gas resources shall be to
maximize the benefit for all the Iraqi people, taking into
consideration market principles and encouraging investment.
The federal government shall, in partnership with the
governments of the regions and governorates, set forth and
execute a policy for oil and gas. This shall be regulated
by law.

In the meantime, until this law is enacted, the revenues
from oil and gas shall be allocated equitably by the
federal government, taking into account the demographic
distribution and those Iraqi regions and governorates
deprived during the former epoch, in a manner that enhances
balanced development. End Text.


5. (C) Thus far, Talabani has responded favorably to this
text, and Mahdi, after conferring with Hakim and others,
has called with one word change: "cooperation" vice
"partnership". Barzani has committed to studying the
language, consulting with his colleagues, and getting back
to the Ambassador within the hour. If closure can be
reached on the resources issue, we will have achieved Shia-
Kurd agreement, the key to closure on all five critical
issues, and thus on the constitution.
Khalilzad