SHIA COALITION AND TAWAFUQ VERSIONS OF REGION

C O N F I D E N T I A L BAGHDAD 003405

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/13/2016
TAGS: PGOV PNAT IZ
SUBJECT: SHIA COALITION AND TAWAFUQ VERSIONS OF REGION
FORMATION LAW

Classified By: Acting Political Counselor Michael Adler, for reasons 1.
4 (b) and (d).


1. (U) On September 7, the Shia Coalition, with support of
the Kurdish Alliance, attempted to add a first reading of its
version of the region formation law to the Council of
Representatives (CoR) agenda. Tawafuq also submitted that
same day a version of its law to the Presidency Commission
(Speaker and two Deputies),but no action was taken.
(NOTE: The text of the two versions has been sent separately
via O/I. END NOTE.) CoR members have confirmed to us that
Legal and Governorate committee members are meeting in an
effort to prepare a single draft before the next session on
September 19.

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Analysis of Similarities
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2. (C) The laws have the following similarities:

-- Neither law defines specifically the powers of the
regions.
-- Both laws would have roughly similar provisions for
the governing of the regions.
-- Both laws call for and require a strong role for
the electoral commission.

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Analysis of Differences
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4. (C) The laws have the following key differences:

-- The Tawafuq version has an independent
credibility check" through the Federal Court for
requests to form a region (Articles 5 and 6).
-- The Tawafuq version requires a census "in order to
implement the provisions of the law" (Article 29) (Comment:
Would significantly delay implementation.)
-- The Tawafuq version directs all requests to form
regions to the Speaker of the CoR (Article 2),as well
as subsequent central government action; the Shia
Coalition version directs requests and further action
to the Council of Ministers (Article 3).
-- The Tawafuq version requires the referendum to be
held within 6 months (Article 8),whereas the
Shia Coalition version requires the referendum to be
held within 3 months (Article 3(3)).
-- The President of the Regional Council is elected by
a two-thirds majority in the Tawafuq version (Article
21),but by an absolute majority in the Shia Coalition
(Article 18).

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Next Steps Unclear, But CoR Committees Meeting
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5. (U) The political parties met in the Speaker's office and
reached an agreement the morning of September 10 to have a
first reading of a draft law September 19, a second reading
September 21, and a final reading September 25. The
agreement was to be announced at that morning's CoR session.
Shortly thereafter, the Sunni blocs, Iraqiyya and the
Sadrists withdrew from the agreement and boycotted that day's
session. Nonetheless, the Speaker announced the timeline
agreement to those members present. CoR members have
confirmed to us that Legal and Governorate committee members
are meeting in an effort to prepare a single draft before the
next session on September 19.

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COMMENT
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6. (C) Article 119 of the Iraqi Constitution provides for the
right of one or more governorates to organize into a region
based on a request (to be voted on in a referendum) submitted
by either one-third of governorate council members or
one-tenth of the voters in each governorate intending to form
a region. Article 118, however, requires the CoR to enact in
a period "not to exceed six months from the date of its first
session" a law that defines executive procedures to form
regions. The move to pass a law on formation of regions is
constitutionally based. Moreover, SCIRI and Abd al-Aziz
Al-Hakim are unrelenting in seeking to move quickly on this
process. They face strong opposition from both within and
without the Shia Coalition. We will continue to urge all
parties to address the question of federalism in a manner
based on broad agreement rather than just the interests of

one party.
KHALILZAD