IRAQI ISLAMIC PARTY OFFERS CONDITIONAL SUPPORT FOR

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004125

SIPDIS

E.O. 12958: DECL: 10/05/15
TAGS: PGOV KDEM IZ
SUBJECT: IRAQI ISLAMIC PARTY OFFERS CONDITIONAL SUPPORT FOR
CONSTITUTION

Classified By: AMBASSADOR ZALMAY KHALILZAD, REASONS 1.4 (B) AND (D).


1. (C) SUMMARY: The Sunni Arab Iraqi Islamic Party
conditionally agreed to support the constitution on the basis
of a package of amendments proposed by the Ambassador in an
October 5 meeting. The amendments include a provision that
would have the next National Assembly create a
"Constitutional Review Commission" with a one-time ability to
present a package of amendments to the public on the basis of
an absolute majority vote. Former Prime Minister Ayad Allawi
attended the dinner and pushed strongly for the proposal,
arguing that the Sunni Waqf would likely come on board on
this basis as well. The Ambassador is heading north OCTOBER
6 to present the proposal along with several other amendments
to KDP leader Masud Barzani before taking it to the Shia
coalition later in the day. END SUMMARY.


2. (C) Former Prime Minister Ayad Allawi, joined by Iraqi
Islamic Party leaders Tareq al-Hashimi and Ayed Samarrai'e
joined the Ambassador for an iftar OCTOBER 5. Allawi argued
forcefully that voting down the constitution would endanger
the country far more than would passage of a constitution
with flaws.

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Iraqi Islamic Party Agrees Conditionally
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3. (C) Hashimi conditionally agreed to support the
constitution after the Ambassador proposed allowing a special
one-time opportunity to amend the document. The proposal,
which the Ambassador will pitch to Kurdish President Masud
Barzani OCTOBER 6, would require the next National Assembly
to appoint a "Constitutional Review Commission" that would
have the one-time opportunity to propose a package of
amendments to the constitution. Any proposed amendments
would go to the National Assembly for approval by absolute
majority and would then be put to the public for approval in
a referendum to be conducted on the same terms as the OCTOBER
2005 constitutional referendum itself. The referendum would
pass if approved by a majority of participating voters and
would fail if rejected by two-thirds of participating voters
in three governorates or more.


4. (C) Allawi expected that former Sunni Waqf director Adnan
Duleimi and current director Ahmed Abd al-Ghafour al-Samarai
would both support the constitution under these terms. The
Iraqi Islamic Party and Sunni Waqf would then join the Shia
and Kurdish coalitions to back the document in an OCTOBER 10
conference.

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The First Amendment Package
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5. (C) The Ambassador has thus far discussed the following
four amendments with the Shia and Kurdish coalitions and in
meetings in Saudi Arabia, Jordan and the UAE:

-- An alternative Article 4, Part 3 would clarify that Arabic
will be spoken in both federal and regional Kurdistan
offices. It would read, "The federal and official
institutions in the Kurdistan region will use the two
languages."

-- A proposed addition to section 1 would emphasize Iraq's
unity. It would read, "Federal Iraq is a united country that
is fully sovereign, and this constitution is the guarantor of
its unity."

-- Article 3 would be adjusted to put added emphasis on
Iraq's Arab League membership. It would read, "Iraq is a
country of multiple nationalities and religions and sects.
It is a founding and active member of the Arab League and is
committed to its covenant, and it is a part of the Islamic
world."

-- An addition to Article 131 on de-Ba'athification would
clarify that non-criminal Ba'athists will not be persecuted.
It would read, "Members of the former Ba'ath Party who were
not senior leaders and who did not commit criminal offenses
shall not be prosecuted and shall enjoy equality and
protection under the law along with all Iraqis."

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The Added Amendment Package
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6. (C) In addition to the creation of the Constitutional
Review Commission, the Ambassador now plans to push the
following additional changes to seal Iraqi Islamic Party
support:

-- Article 3 would have an added reference that Iraq is "part
of the Arab world." This will be difficult and require a
strong push on a reluctant Barzani.

-- An alteration to Article 114 would clarify the nature of
the future law to be passed on regional entity formation. It
would read, "The Council of Representatives shall enact, in a
period not to exceed six months from the date of its first
session, a law that defines the executive procedures (rules
and conditions) to form regions, by a simple majority of the
members present." Any changes to this amendment are
sensitive to the Shia coalition and will require a strong
push.

-- Article 18 would be re-ordered to clarify at its start
that all citizenship provisions will be regulated by law.
The legal content of the article would remain the same.

KHALILZAD
Khalilzad