PUSHING BACK ON DE-BA'ATHIFICATION COMMISSION

C O N F I D E N T I A L BAGHDAD 004804

SIPDIS

E.O. 12958: DECL: 11/30/2015
TAGS: PNAT PGOV PTER KDEM IZ
SUBJECT: PUSHING BACK ON DE-BA'ATHIFICATION COMMISSION
PRESSURE ON THE IECI

REF: BAGHDAD 4722

Classified By: Ambassador Zalmay Khalilzad for reasons
1.4 (B) and (D).


1. (C) SUMMARY: The de-Ba'athification Commission
(DBC) continues to submit names of election candidates
for potential disqualification to the Independent
Electoral Commission of Iraq (IECI). The list
comprises 117 names. However, Deputy Prime Minister
Chalabi agreed with the Ambassador November 30 that
candidates named should be given the opportunity to
respond and not automatically be removed from party
lists. Meanwhile, IECI International Commissioner
Jenness plans to ask his Iraqi colleagues to tell the
DBC to desist from sending additional lists of names.
END SUMMARY.


2. (C) In a November 29 meeting, Poloffs voiced strong
concerns to DBC Director General Khaled Al-Shami
regarding the names of election candidates that the
DBC has submitted to the IECI (reftel). Poloffs
stressed the danger of the politicized, non-
transparent use of the de-Ba'athification process,
noting that the DBC has not supplied evidence to the
IECI to support its "findings." To date, the DBC has
sent at least 117 names to the IECI for
disqualification. Al-Shami indicated that the DBC
expects to submit more names in the coming days.


3. (C) Al-Shami averred that the overwhelming majority
of the DBC-identified candidates were high-ranking
Ba'athist military officers during Saddam's regime.
Poloffs rejoined that it is important that the process
of identifying these persons be transparent and
subject to a reliable appeals process. Al-Shami added
that the candidates represent virtually all parties
participating in the election; however, he conceded
that very few are from the Shia parties. He asserted
that the DBC is nonetheless apolitical,
contradictorily disclosing, however, that he is one of
only two of the six directors general at the DBC not
on a party candidate list.


4. (C) On November 29, the Ambassador expressed his
concern about the DBC action to Deputy Prime Minister
Chalabi. Chalabi agreed that candidates named by the
DBC should not automatically be taken off the election
lists. The DBC's submission, he claimed, should be
ICrlnd while continuing to appear
on party or coalition lists. According to Chalabi,
apart from submitting names to the IECI, the DBC will
not pursue further action.


5. (C) The original letter sent by the DBC to the IECI
noted that the candidates in question were covered by
de-Ba'athification procedures (reftel). In response
to this letter, the IECI sent a letter to political
parties notifying them that the DBC had identified
specific candidates as persons covered by the de-
Ba'athfication Law and asked for a reply within three
days. (NOTE: The IECI alone has the authority to
disqualify any of the candidates. END NOTE.)


6. (C) COMMENT: In a November 30 conversation with
Poloff, International Commissioner Jenness expressed
dismay at the open-ended nature of the de-
Ba'athification process. He agreed that, at a
minimum, he should ask the Iraqi IECI Commissioners to
tell the DBC that further submissions would be
inappropriate given the proximity of the election. We
will continue to follow up with Jenness, the IECI, and
appropriate political leaders. END COMMENT.
KHALILZAD