GOI, KRG CONFLICT OVER BARZANI DECREE BANNING

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003253

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/03/2016
TAGS: PGOV IZ
SUBJECT: GOI, KRG CONFLICT OVER BARZANI DECREE BANNING
IRAQI FLAG IN KURDISTAN REGION


Classified By: Charge d'Affaires Daniel Speckhard for reasons 1.4 (b) a
nd (d).


1. (C) In a meeting with President Talabani on September 2,
Charge d'Affaires raised the issue of Kurdistan Regional
Government (KRG) President Masud Barzani's recent Kurdistan
Decree No. 60 on banning the raising of the current Iraqi
flag in KRG-administered territory. Talabani attempted to
clarify the decree, stating that the decree only banned the
recent Saddam Husayn designed Iraqi flag and replaced it with
the old Iraqi Republic flag. Talabani hastened to add that
the new Iraqi flag, once designed, would be flown. He noted
Barzani's bad timing, and said he would talk to Barzani
avoiding further fueling the fire on this potentially
sensitive issue.


2. (C) Subsequent to this conversation, there was a public
exchange between Barzani and Sunni leader Saleh Mutlak on
September 1-2, during which Mutlak threatened the KRG by
saying "What was taken by force today, will be returned by
force another day." Barzani responded by declaring that if
the KRG decided to secede from Iraq they would do so "without
hesitation or fears." Prime Minister Nuri al-Maliki's
office, however issued a terse statement on September 3,
which read: "The current Iraqi flag is the only one which
must be hoisted on each bit of Iraq's land until a decision
is adopted by the parliament according to the Constitution."
Asked for comment, Talabani's office replied that the
situation was "exaggerated noise; the Kurdistan National
Assembly was forced to take this step by the blunder of the
National Assembly" and the "Constitutional vacuum" that
failed to adequately address the long-simmering issue over
the Saddam Husayn-era flag. Although Barzani claimed in the
press on September 4 that he had consulted Maliki and
Talabani on his plans prior to announcing his decision on the
flag issue at the KNA on September 1, Maliki's office has not
confirmed this conversation.


3. (C) In a telephone conversation on September 4, Presidency
Council Chief of Staff Kamran Karadaghi informed POLOFF that
Barzani's position on the flag issue is not new, and did not
merit the kind of scrutiny it was currently receiving.
Karadaghi confirmed Barzani's statement that both Talabani
and Maliki were informed in advance of his announcement of
the decree banning the current Iraq flag from being flown in
the KRG. Karadaghi also stressed that there should be
consistency in the approach to these issues: for example, he
indignantly pointed out, both the flag and the national
anthem are Husayn-era relics but there is only such hysteria
over the flag. He did, however, note that he believed
Barzani would not back down from his position - especially
since Talabani had now publicly defended him - and that
Maliki would have to "eat his words, since he made the
decision to issue a statement that was so strongly worded on
the flag."


4. (U) Press reports indicate that CoR Deputy Speaker Khalid
Al-Attiya is considering a special committee in the CoR to
address the flag issue. The CoR reconvenes on Tuesday,
September 5. POL will continue to monitor the situation
closely.


5. (C) POL is contacting sources in the KRG to get more
clarity on the specifics of the decree, but we agree with
Karadaghi's statement that the KRG has historically refused
to fly the current Iraqi flag, equating it with Saddam
Husayn's Anfal campaign against the Kurds. Throughout the
past year, PRTs Kirkuk and Mosul, as well as the USAID
representative in Erbil, have reported that KRG-administered
areas are not allowed to fly the Iraqi flag even over
government buildings. Only after repeated complaints have
the airports in Erbil and Sulaymaniyah flown the old Iraqi
republic's flag (the one designed after the fall of the
monarchy in Iraq) at the VIP arrival terminals.

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


6. (C) It appears as though Barzani's decision to make such a
public display of what he has been saying and doing quietly
in the Kurdistan region took Talabani's office by surprise.
Although Talabani would probably have preferred to keep this
situation under the radar, he likely felt that the media
exchange between Barzani, Mutlak, and Maliki necessitated a
public response - and defense - from him. While the Kurds'
animus towards the Baath Party-designed flag is
understandable, what is less clear is the timing of the
Kurdistan Decree No. 60 and the publicity surrounding it.

BAGHDAD 00003253 002 OF 002


Karadaghi admittedly privately that he thought the timing of
Barzani's announcement was poor, but claimed he did not know
the reason why Barzani did it. We speculate that it might
have to do with increased chatter in the press and official
circles on the possibility of a Constitutional Review, and
the coming reconvening of the Council of Representatives
(CoR) on September 5. The Kurds are probably reminding the
national government of
its strength as a federal region, and staking out a position
on prioritizing regional laws over national ones, as allowed
by the Iraqi Constitution on issues not already specified as
under the jurisdiction of the federal government. Even more
troubling is what will happen if the KRG does not heed
Maliki's warning to fly the current Iraqi flag, as Karadaghi
predicts. The resulting clash of wills may lead to further
disengagement by the Kurds with the national government
sooner than anticipated. Maliki's only way to defuse the
controversy may be to push through the parliament a new
design for the Iraqi flag, which may come in the form of the
CoR Deputy Speaker's reported consideration of a special
committee to address the flag issue when the parliament
reconvenes on September 5. However, this review of the Iraqi
flag, although long overdue, may be seen by some as caving to
Kurdish pressure.
SPECKHARD