DRAFT IRAQ ELECTION COMMISSION LAW UPDATE

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003498

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/17/2016
TAGS: IZ KDEM PGOV PNAT
SUBJECT: DRAFT IRAQ ELECTION COMMISSION LAW UPDATE

REF: BAGHDAD 03392

Classified By: Classified by Political Counselor Margaret Scobey for re
asons 1.4 (b) and (d).


1. (C) SUMMARY: Independent Election Commission of Iraq
(IECI) commissioners and International Election Assistance
Team officials (IEAT) are concerned about the draft law to
form a permanent election commission, worsening IECI morale,
and a loss of IECI capacity due to staff departures.
Election commissioners and international election officials
worry about provisions in the draft law they say will subject
the new commission to political pressure, but the draft law
text has improved somewhat in this area. IECI and the
Council of Representatives (CoR) Legal Committee expect the
final reading and vote on the law before the end of
September. END SUMMARY.

PASSAGE OF LAW EXPECTED BEFORE END OF SEPTEMBER
-------------- --


2. (C) As envisioned by CPA Order 92, the IECI's mandate
should have expired in May, 90 days after certification of
the final election results. Rather than let the IECI expire,
the CoR has extended the IECI in a caretaker status through a
series of resolutions until a permanent election commission
could be established. The law to replace the IECI with a
permanent commission was introduced on the CoR floor on July
16 and the second reading occurred on July 25, just prior to
the CoR August recess. IECI and the CoR legal Committee
expect the third reading and final passage of the election
commission law to take place before the end of September.

ELECTION COMMISSIONERS EXPRESS CONCERN...
--------------


3. (C) On September 5, IECI Commissioner Izdin Al-Mohammdy
told PolOff that provisions in the draft law to establish a
permanent election commission will threaten the independence
of the new election commission, potentially leaving it in the
hands of the CoR's large political blocs. Al-Mohammdy
identified as a major problem provisions in the draft giving
the CoR the power to dismiss individual commissioners by
simple majority vote. Al-Mohammdy also expressed concern
over a provision decreasing the rank of election
commissioners from Minister to Deputy Minister, claiming this
would make it more difficult for future commissioners to
stand up to political pressure. Election Commissioner
Mustafa Safwat echoed these same concerns during a September
11 meeting, stating that he hoped the removal provision can
be raised to a two-thirds majority requirement.


4. (C) Both Al-Mohammdy and Safwat expressed concern over
what they said was a morale crisis within the Electoral
Administration of the IECI and loss of capacity due to staff
departures. This drop in morale was due in large part to the
detention of Chief Electoral Officer Adil Al-Lami and three
of his staff by the Commission for Public Integrity (CPI)
(NOTE: All four were held for eight weeks and then released
without charges being filed on September 9. END NOTE). Both
commissioners also attributed the low morale to political
infighting between the election commissioners and uncertainty
of the commission's future. Al-Mohammdy told PolOff that
over 200 of the 1400 members of the electoral administration
staff (about 15 per cent) have left the IECI in recent weeks.

...SECONDED BY INTERNATIONAL ELECTION OFFICIALS
-------------- --


5. (C) Concern over provisions in the draft election
commission law and a loss of capacity within the IECI have
also been raised in discussion with IEAT members. Richard
John, Chief of Party for the International Foundation for
Electoral Support (IFES) assisting the IECI, echoed Safwat's
and Al-Mohammdy's comments, and confirmed the staff loss
within the IECI. John told PolOff on September 13 that the
impact is significant and will slow preparations for future
provincial elections, because those leaving include key
supervisors and some of the most skilled staff. If these
losses continue it will impact the ability to quickly prepare
for anticipated provincial elections. Jose Maria Aranza, UN
legal advisor to the IEAT, expressed similar concerns over
the draft election commission law, political infighting and
loss of IECI capacity.

IMPROVED DRAFT LAW
--------------


6. (C) Embassy Officials, in coordination with UK Embassy and
UNAMI, have actively engaged with senior Iraqi leadership at

BAGHDAD 00003498 002 OF 002


the highest levels to ensure the best possible law is passed
and the new election commission is as free form political
influence as possible (REFTEL). This effort significantly
improved provisions in the draft law: CoR Legal Committee
contacts told PolOffs on September 14 that the final wording
of the draft removal provision will not be the higher 2/3
requirement, but will change the requirement from a simple
majority of CoR members present to an absolute majority of
all CoR members (138 votes).
SPECKHARD