DEPUTY LEGAL CHAIR (TAWAFUQ) HIGHLIGHTS

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003158

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/25/2016
TAGS: PGOV KDEM IZ
SUBJECT: DEPUTY LEGAL CHAIR (TAWAFUQ) HIGHLIGHTS
OPPOSITION TO RUSH TO FEDERALISM

Classified By: (U) Classified by Acting Political Counselor
Michael J. Adler for Reasons 1.4 (b) and (d).


1. (C) SUMMARY. Deputy Chair of the Legal Committee Saleem
Al-Jaboori
(Tawafuq) told Embassy Legal Adviser and PolOff August 22
that Tawafuq wants
federalism-related legislation on region formation delayed
until after the
constitutional review process is complete. He said Tawafuq
is considering
approximately twenty constitutional amendments it would like
adopted, including
re-defining the authorities of the regions and the center and
making it easier
to amend the constitution. He also added that Tawafuq will
present a
recommendation for the De-Ba'athification Commission to be
dissolved. He
promised to work to raise the threshold for removing
electoral commissioners to
2/3, but said a letter has been received saying the PM should
solely appoint
the commissioners. END SUMMARY

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Article 118 and the Constitutional Review
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2. (C) Deputy Chair of the Legal Committee Saleem Al-Jaboori
(Tawafuq) told
Embassy Legal Adviser and PolOff August 22 that Tawafuq wants
the
Constitutional Review Committee (CRC) to be launched and to
finish its work
before the enactment of any legislation on executive
procedures to form regions
(per constitution article 118). He noted that, if the CoR
legislates the
executive procedures but the CRC reaches a different result,
then it would be
very difficult to resolve. He said that the Shia Coalition
and the Kurdish
Alliance oppose any delay in the implementation of article
118 and want a law
to be enacted by the CoR before September 16 (six months
after the opening of
the first CoR session on March 16). Tawafuq prefers to
extend the
implementation date in Article 118 by a fixed period with a
guarantee that
legislation would then be enacted. He asked for U.S. Embassy
assistance to
postpone the implementation of article 118. EmbOffs said
this was an Iraqi
decision that must be reached within the context of the
national reconciliation
effort.


3. (C) Al-Jaboori said if Tawafuq is unable to reach an
agreement with the
other political blocs to postpone implementation of Article
118, then it will
seek to make the executive procedures to form regions
difficult, with high,
strict standards. He added that the constitution allows
regions to have their
own armies and diplomats. (Note: This was an apparent
reference to Article
121 (Fifth) which provides for regional internal security
forces including
"guards of the region" and 121 (Fourth) which provides for
regional and
governorate offices in diplomatic missions to follow
cultural, social and
developmental affairs.) Al-Jaboori feared this would lead to
the formation of
conflicting, not cooperating regions, and ultimately to the
break up of
Iraq. He alleged that an alliance between the Kurds and
SCIRI during the
constitution drafting was premised on pushing through
privileges for the
Kurdish region so a southern region could eventually enjoy
them. He said
Tawafuq is not against federalism itself, but is against
federalism being
implemented in a wrong way. He emphasized that a country
cannot transition
from a centralized dictatorship to democratic federalism

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overnight. Each
province outside of the existing region of Kurdistan should
be an individual
federal region first, and no decision should be reached on
creating larger
regions until one can see how the individual regions are
being administered.

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Constitutional Review Committee and What Tawafuq Wants
-------------- --------------


4. (C) Al-Jaboori said Tawafuq wants the Constitutional
Review Committee to be
established according to the principles of national unity.
He mentioned 30
members, with 12 members from the Shia, six from the Kurds,
six from the Sunni
Arabs, and six from other minorities and groups. He said
there have been
meetings to establish the committee, but there has been no
final decision on
membership or starting date.


5. (C) Al-Jaboori said Tawafuq is considering approximately
twenty
constitutional amendments, but that there has been no final
agreement within
the bloc. Among the items that Tawafuq would like to amend
are: (a)
authorities of the regions and central government; (b) the
Arabic identity of
the state; (c) article 41 (personal status); (d) article 126
(mechanism to
amend the Constitution); (e) authorities of the President;
and (f) provisions
on the rights of the people. He added that he expects
Tawafuq to meet to agree
on the recommendations within a week.

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Tawafuq will present recommendation to disband De-
Ba'athification Commission
-------------- --------------


6. (C) Al-Jaboori told EmbOffs that Tawafuq will present a
recommendation when
the CoR reconvenes to dissolve the De-Ba'athification
Commission. He
acknowledged hearing reports that the De-Ba'athification
Commission may present
a law to reform itself, but he was unsure of its motives. He
added that there
is concern about what will happen to those who were already
de-Ba'athified.

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Independent High Electoral Commission
--------------


7. (C) Al-Jaboori said he supports raising he CoR voting
threshold for removing
commissioners from simple majority to 2/3, and will work to
change it in the
draft law. He mentioned that the Committee received a letter
from Deputy
Speaker Khalid Al-Attiyah's office stating that the law
should be amended so
that Commissioners are appointed solely by the Prime
Minister.

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


8. (C) Al-Jaboori presented Tawafuq's hope that
implementation of federalism-
related legislation (such as under article 118) could be
delayed until a future
Constitution Review Committee finishes its work. He was
realistic, however,
about pressures from Shia parties to move such legislation
forward rapidly.
He further estimated Tawafuq's chances during a CRC process
of successfully
amending federalism provisions at only fifty percent.
SPECKHARD