Identifier
Created
Classification
Origin
06BAGHDAD2750
2006-08-02 02:47:00
CONFIDENTIAL
Embassy Baghdad
Cable title:  

VOTE ON ELECTION COMMISSION LAW POSTPONED UNTIL

Tags:  PGOV PNAT KDEM 
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PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #2750/01 2140247
ZNY CCCCC ZZH
P 020247Z AUG 06
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 6018
INFO RUCNRAQ/IRAQ COLLECTIVE PRIORITY
RHEHWSR/WHITE HOUSE SITUATION ROOM WASHINGTON DC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002750 

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/01/2016
TAGS: PGOV PNAT KDEM
SUBJECT: VOTE ON ELECTION COMMISSION LAW POSTPONED UNTIL
AFTER COR RECESS; 60-DAY CARETAKER MANDATE APPROVED

REF: BAGHDAD 2609

Classified By: Political Counselor Margaret Scobey for reasons 1.4 b/d

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002750

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/01/2016
TAGS: PGOV PNAT KDEM
SUBJECT: VOTE ON ELECTION COMMISSION LAW POSTPONED UNTIL
AFTER COR RECESS; 60-DAY CARETAKER MANDATE APPROVED

REF: BAGHDAD 2609

Classified By: Political Counselor Margaret Scobey for reasons 1.4 b/d


1. (C) Summary: On July 30, the Council of Representatives
(CoR) legislative term concluded with a decision to postpone
a vote on Independent High Electoral Commission (IHEC) law
until after the August recess. According to contacts on the
CoR legal committee, it appears that a inter-committee
miscommunication and disagreements resulted in the
presentation of a version of the law that had not been
cleared with Kurdistan Alliance (KAL) members. The July 26
CoR decision to extend the current caretaker status of the
Independent Electoral Commission of Iraq (IECI) for an
additional 60 days has given the CoR some breathing room to
continue consultations on the law. End Summary.

--------------
IHEC CARETAKER MANDATE EXTENDED
--------------


2. (C) On July 26, the Council of Representatives (CoR)
continued debate on proposed legislation to permanently
establish the Independent High Electoral Commission (IHEC).
Note: This bill was originally introduced on the CoR floor
July 16; the second reading and debate began on July 25
(reftel) End Note. Deputy Speaker Khalid Attya opened the
July 26 session by moving to vote on extending the current
IECI until a new law could be passed. He noted that the
number of amendments proposed the day before presented the
possibility that the law might not be passed prior to the CoR
recess. Just in case, he stated, the CoR should act to make
some provision for the IECI,s day-to-day administrative
functioning.


3. (C) Attiya,s suggestion was vigorously opposed by some
members of the legal committee, such as Tawafuq member and
deputy chair of the Legal Committee Salim Jabbouri and
Fadheela Party legal committee member Hassan Al Shammeri, who
argued that the legislation had been delayed long enough.
The current disarray in which the IECI found itself, Jabbouri
added, including the arrest of IECI chief electoral officer
Adil al Lami on charges of corruption, demanded CoR action.
Separately, another Itilaf legal committee member who
supported pushing through the IHEC legislation told emboffs

she was concerned about provincial governments eventually
taking matters into their own hands and establishing local
election regulations that might conflict with subsequent CoR
legislation.


4. (C) Others pointed out that a caretaker mandate was
acceptable, if it stipulated a set time limit. Given that
the election committee legislation was fundamental to the
Iraqi democratic process, SCIRI member Rida Jawad Taqqi
argued, it would be necessary for the CoR to take its time
with it so that all sides would be satisfied with the outcome
of the law. The CoR subsequently passed a resolution to
extend the IECI,s mandate an additional 60 days. The
resolution, passed by a majority of two votes, allows the
IECI to continue functioning until early September, or until
the CoR votes on the election commission legislation upon its
return from recess.

--------------
INTERNAL DISAGREEMENTS ON IECI LEGISLATION
--------------


5. (C) Intense debate began on the IHEC law when, after the
July 25 second reading, KAL member Mahmoud Outhman requested
that the CoR postpone the vote until after the recess. In
response, Tawafuq and UIC members chided their KAL colleagues
on the CoR floor for their surprise opposition to the IHEC
bill. KAL subsequently produced a lengthy list of amendments
to the law, which include distributing the IHEC,s committees
on a Federal, Regional, and governorate level, and granting,
&technical, administrative, and financial8 powers to
regions and governorates. From poloffs, conversations with
legal committee contacts and KAL members, however, it appears
that the KAL members of the legal committee made their
proposed amendments to the IHEC law known in advance to the
legal committee. Most KAL Legal Committee members
subsequently left Baghdad to participate in an NDI-sponsored
legal training in Amman. While they gave the Legal Committee
the green light to continue work in their absence, they were
surprised when, upon the reading of the law on the CoR floor,
there was no mention of KAL-suggested amendments to the
original bill.


6. (C) ADDITIONAL AREAS OF CONCERN: A number of CoR members
requested clarification in Article 3 of the IHEC law, which
deals with the Commission,s structure and the mechanism for

BAGHDAD 00002750 002 OF 002


nominating members. Hameed Majeed Moussa from the Iraqia
List argued that the heads of political blocs should have a
greater role in the nomination process. KAL member Mahmoud
Outhman requested that the law outline more clearly
supervisory powers that the CoR would have over the
Commission; his request was seconded by others. Other
concerns with the law brought up on the CoR floor included an
objection to the stipulation that a specific percentage of
commission members be women. Note: The provision was
inserted in response to a petition signed by forty-two female
CoR members demanding that this provision be included in the
law. End Note.


7. (C)Comment: The importance of providing for the
Commission,s independence in the law, an issue Emboffs
repeatedly raised with the Legal Committee, was not
emphasized by CoR members during their discussions. Rather,
it appeared to Emboffs observing the session that CoR members
expressed concerned with the organization,s structure and
member nomination mechanisms with a view toward ensuring that
no political bloc would have disproportionate control over
IHEC operations. As the legal committee works on a revised
draft, Emboffs will continue to engage CoR members on IHEC
independence. End Comment.
SCOBEY