Identifier
Created
Classification
Origin
06BAGHDAD1006
2006-03-27 11:42:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

UN MOVES FORWARD ON IRAQI HUMAN RIGHTS COMMISSION

Tags:  PHUM PTER PNAT KDEM IZ 
pdf how-to read a cable
VZCZCXRO2615
PP RUEHBC RUEHDE RUEHIHL RUEHKUK RUEHMOS
DE RUEHGB #1006/01 0861142
ZNY CCCCC ZZH
P 271142Z MAR 06
FM AMEMBASSY BAGHDAD
TO RUCNDT/USMISSION USUN NEW YORK PRIORITY 0478
RUEHC/SECSTATE WASHDC PRIORITY 3570
INFO RUCNRAQ/IRAQ COLLECTIVE
RHEHNSC/WHITE HOUSE NSC WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 001006 

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/25/2016
TAGS: PHUM PTER PNAT KDEM IZ
SUBJECT: UN MOVES FORWARD ON IRAQI HUMAN RIGHTS COMMISSION

REF: BAGHDAD 738

Classified By: Political Counselor Robert S. Ford for
reasons 1.4 (B) and (D).

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 001006

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/25/2016
TAGS: PHUM PTER PNAT KDEM IZ
SUBJECT: UN MOVES FORWARD ON IRAQI HUMAN RIGHTS COMMISSION

REF: BAGHDAD 738

Classified By: Political Counselor Robert S. Ford for
reasons 1.4 (B) and (D).


1. (C) Summary. UNAMI Human Rights Chief Gianni
Magazzeni explained to PolOffs March 17 that the UN
was spearheading efforts with Iraqi Government leaders
to establish a Human Rights Commission in Iraq by fall
2006 (reftel). The Commission, mandated in Article 50
of the TAL (and reconfirmed in Article 102 of the
Constitution),has not yet been established and has no
funding. According to Magazzeni, an important first
step was realized March 10 when thirty members of
Iraqi government and civil society, including the
Acting Minister of Human Rights, were brought together
to agree on the guiding principles. The Commission,
whose relationship with the Human Rights Ministry is
still to be determined, would focus on receiving and
investigating human rights abuses complaints.
Magazzeni expressed confidence that these players
would be able to develop and shepherd implementing
legislation. Fudning the commission will be a
challenge, and the UN official anticipates that the
international donor community would have to provide
help to make the Commission viable. End Summary.

--------------
COMMISSION BUY-IN AND STRUCTURE
--------------


2. (C) UNAMI Human Rights Chief Gianni Magazzeni told
PolOffs March 17 that guiding principles for a Human
Rights Commission that would investigate human rights
abuses was approved by Iraqi leaders in a March 10
conference. Among those who attended were Acting
Minister of Human Rights Narmeen Othman,
representatives from the ministries of defense,
interior and justice as well as parliamentarians from
the Shia Islamist Coaltion, Kurdish Alliance and
Tawafuq blocs and members of Iraqi civil society.


3. (C) Magazzeni noted to Poloffs that while the
structure of the Commission had not yet been
determined, the Commission would ideally consist of 7-
10 Commissioners. To be credible, Magazzeni said
these Commissioners would have to be selected in some
type of a competitive basis and be representative of
all segments of society. As he envisioned it, the

Commission would have a mandate to receive and
investigate human rights complaints and initiate
public hearings. To do this effectively, he said, the
Commission would have to have the power to
investigate, subpoena documents and testimony, and it
would have to be independent. This independence would
include the ability to select staff.

--------------
IMPLEMENTATION: UNAMI HOPES TO MOVE FAST
--------------


4. (C) Magazzeni presented PolOff with a tentative
and, in his words, optimistic timeline for this
proposal:

-- April 2006: First draft of legislation prepared by
subgroup of Cyprus attendees

-- May 2006: Stakeholder comments on legislation

-- June 2006: Council of Ministers sends bill to
parliament for action

-- July 2006: Appointment process begins

-- September 2006: parliament votes on members

-- October 2006: Commission established


5. (C) Magazzeni underlined that, while there is
sufficient buy-in to develop the implementing
legislation for this Commission, the GoI would most
likely be unwilling to commit adequate funding to make
this Commission viable. He did not mention how much
funding would be needed, but Magazzeni said the UN and
the international donor community would have to be the
primary source of funding for up to the first 3 years.
According to Magazzeni, Canada has already shown an
active interest and he envisions them taking the lead
in a core group of donors to set up the initial

BAGHDAD 00001006 002 OF 002


funding.

--------------
OVERLAP WITH HR MINISTRY?
--------------


6. (C) When PolOffs asked the extent to which there
would be overlap between this Commission and the
Ministry of Human Rights, Magazzeni responded by
saying that the drafting process for the implementing
legislation would determine if there indeed would be
some redundancy, and that involvement of the Acting
Minister of Human Rights as well as other Ministry
representatives would help minimize any redundancies.
PolOffs expressed support for the concept of the
Commission.

--------------
COMMENT
--------------


7. (SBU) Both the Human Rights Ministry and the
Commission are provided with distinct mandates through
their authorizing legislation. Under Article 50 of
the TAL, the Commission is to be empowered to
investigate human rights complaints, including
allegations that the conduct of the government is
arbitrary or against the law. The Ministry, in
contrast, is charged under CPA Order 60 with
establishing human rights services and programs, as
well as with being the governmental liaison to outside
organizations. Despite these separate mandates, there
will invariably be some overlap, particularly as the
Ministry has assumed investigative responsibilities in
the absence of a functioning Commission (for example,
with respect to prison inspections).


8. (C) The establishment of an independent authority
empowered to investigate complaints can only
strengthen institutional commitment to human rights.
In a country where the average Iraqi is often fearful
of going to the police to complain about wrongdoing,
the Commission could provide a check to Iraq Security
Forces abuses. The key to whether such a Commission
is effective depends on two factors. First, the
parliament must be willing to pass legislation that is
sufficiently empowering. Second, the Commission must
have the independence, capability and political will
to conduct effective, and when necessary, politically
sensitive investigations. We will encourage the
parliament to look seriously at the UN proposals and
find ways to move the commission idea forward.
KHALILZAD