BAHAI LEADER SAYS STILL NO PROGRESS IN

C O N F I D E N T I A L BAGHDAD 001300

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/19/2016
TAGS: PREL PHUM PNAT KDEM IZ
SUBJECT: BAHAI LEADER SAYS STILL NO PROGRESS IN
REGISTERING BAHAI FAITH

Classified By: ACTING POLITICAL COUNSELOR MICHAEL J.
ADLER, FOR REASONS 1.4 (B) AND (D).


1. (C) In an April 6 conversation, President of the
Bahai National Spiritual Advisory Group in Iraq,
Abdul Razaq Abaychi told PolOff that Iraq's Bahai
community had not made any headway in canceling the
effects of the July 24, 1975 regulation (rule number
358) prohibiting the registration of national
identity cards for those claiming the Bahai faith.
This regulation, a follow-on to Law 105 of 1970
prohibiting the Bahai faith, has still not been
repealed despite the provisions in the Transitional
Administrative Law (TAL) and the Constitution
guaranteeing freedom of religious belief and
practice. When asked about acts of violence against
the Bahai community in Iraq, Abaychi responded by
saying that the Bahai community is targeted on the
internet for example by Shia and Sunni parties
alike. However, he did not make reference to
specific acts of violence.


2. (C) Article 7(a) of the TAL and Article 2 of the
Iraqi Constitution guarantee the full religious
rights of individuals "to freedom of religious
belief and practice". (Article 41 of the
constitution also provides that Iraqis are free in
their commitment to their personal status according
to their religions, sects, beliefs, or choices.)
Despite these articles, Abaychi argued to PolOff,
Bahai in Iraq have not and will not be able to
overcome over 30 years of established bureaucratic
practice against their community until Law 105 and
its implementing regulation number 358 are
explicitly repealed.


3. (C) Abaychi explained that, although Bahai now
can freely practice their faith, they cannot receive
the national identity card (Gentsia) unless they
check a box on the application indicating that they
hold a religion other than their own. Without a
national identity card, Bahai are not able to
register in schools, receive marriage certificates,
nor obtain travel documents. Although those who
received their national identity card prior to 1970
do not face these problems, Abaychi said, their
children and grandchildren continue to suffer.


4. (C) Abaychi stated that the Bahai effort to
enforce the religious freedom provisions of the TAL
began with letters to former IIG Prime Minister Ayad
Allawi and has continued with correspondence to the
civil status directorate of the Ministry of Interior
(MoI) requesting that Bahai be able to register for
the card as members of their faith, so that they may
receive the national identity card which is needed
for travel documents, marriage certificates, and the
schooling of their children. Abaychi said, despite
these letters and additional lobbying, no change in
the national identity card registration requirements
has been made.


5. (C) Abaychi recognized that with the seating of
the next Council of Representatives (CoR),the
community would have to renew its lobbying efforts.
He added that he would look into developing draft
legislation to present to the new CoR members that
would explicitly repeal law 105. PolOff expressed
support and will continue to monitor these efforts.
KHALILZAD