PRESIDENCY COUNCIL VETOES CITIZENSHIP LAW

C O N F I D E N T I A L BAGHDAD 004993

SIPDIS

E.O. 12958: DECL: 12/14/2015
TAGS: PGOV KDEM IZ
SUBJECT: PRESIDENCY COUNCIL VETOES CITIZENSHIP LAW

REF: A. BAGHDAD 4662

B. BAGHDAD O/I DECEMBER 10

Classified By: POLITICAL COUNSELOR ROBERT S. FORD FOR REASONS 1.4 (B) A
ND (D).


1. (C) Kamiran Karadaghi, President Talabani's Chief
of Staff, confirmed to PolOff December 9 that the
Presidency Council had vetoed the Citizenship Law
passed by the TNA on November 15 (reftels). In a
December 4 letter, the Presidency Council notified the
TNA that it had returned the bill because "paragraph
(second) of Article 18 has excluded Iraqis, whose
citizenship was taken away pursuant to the provisions
of law no. 1 of 1950 and law no. 12 of 1951, from the
right to restore it. Since this article contradicts
the text of paragraph D of Article 11 of the TAL, this
bill is deemed unapproved. . ." (NOTE: Paragraph D of
Article 11 of the TAL states that "any Iraqi whose
Iraqi citizenship was withdrawn for political,
religious, racial, or sectarian reasons has the right
to reclaim his Iraqi citizenship." END NOTE)


2. (C) In a separate conversation with PolOff December
12, Karadaghi said President Talabani knew about the
law before it was brought to his attention. According
to Karadaghi, Talabani said the bill wasn't just
discriminatory against Iraqi Jews, but also against
Kurds and other nationalities. Despite pressure from
Faili Kurds, whose citizenship would be recognized by
the bill, Talabani said he could not allow this
section (paragraph (second) of Article 18).


3. (C) COMMENT. Although the TNA Rules of Procedure
require a special session to consider the vetoed law,
given the "lame duck" status of the legislature, the
relative short period of time between elections and
the seating of the new legislature, and the power of
the Speaker to control the legislative schedule, TNA
Speaker Hajim al-Hasani arguably would be acting
within the scope of his authority if he did not call
the TNA into session before the new Council of
Representatives is convened. Al-Hasani's Chief of
Staff Saifaldin Abdurrahman told PolOff December 13
that, because the Assembly already has adjourned, the
Speaker does not intend to call the TNA back into
session. END COMMENT
KHALILZAD