STATE MINISTER CRITICAL OF COUNCIL OF

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003689

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/01/2016
TAGS: PGOV KDEM IZ
SUBJECT: STATE MINISTER CRITICAL OF COUNCIL OF
REPRESENTATIVES

REF: BAGHDAD 03012

Classified By: (U) Classified by Political Counselor Margaret Scobey fo
r
Reasons 1.4 (b) and (d)


1. (C) Summary: In a wide-ranging conversation with EmbOffs
September 27, the Shiite Minister of State for Council of
Representatives (CoR) Affairs Safa al-Safi was critical of
the CoR for infringing on executive functions and often
acting in ignorance of the Constitution and its own bylaws.
He hopes for a legal review of the constitution; he blames
the Constitution's defects on the fact that it is a product
of political bargaining. Al-Safi cautions that extension of
UNSCR 1546 will require close coordination between the GOI
and the USG to make it suitable for the GOI. While al-Saf's
views reflect his position as an executive branch advocate,
the CoR still has some more settling in to do in a political
culture that has traditionally been dominated by the
executive branch. End summary.

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Constitutional Review, UNSCR 1546
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2. (C) The Minister highlighted his own role in the drafting
of Iraq's constitution and the constitutional problems caused
by politicians. Because of the constitution is the product
of political compromises, it lacks legal precision. He hopes
changes will be made on a legal basis: "We are witnessing a
lot of problems because of political nature of constitution."
As an example, he pointed to the number of independent
commissions attached to the CoR, which now believes it
controls everything regarding these commissions. He cited
the examples of the communications commission, which requires
a new organization and legal structure, but where the CoR has
no expertise, and the electoral commission, where the CoR
wants to be able to have input on the nomination of election
commissioners despite the political conflict of interest.


3. (C) The Minister said the extension of UNSCR 1546, as well
as the future of CPA Order 17, which gives immunity to
Coalition Forces, require close coordination between the GOI
and USG for these laws to be suitable for the GOI. He stated
that MNF-I needs to explain itself better and express its
position on these laws.

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CoR Does Not Understand Separation of Powers
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4. (C) The Minister characterized the CoR as new,
inexperienced, and unqualified. As such, legislative
initiatives are slow and limited. He added that
misunderstandings between the executive branch and the CoR
committees are slowing the process of reviewing executive
branch suggestions. According to al-Safi, there is confusion
over separation of powers, and many CoR members believe the
CoR has the power to interfere in executive decisions. He
called for better education of CoR members on separation of
powers.


5. (C) The Minister claimed that some laws suggested in the
CoR violate the Constitution and the CoR's own bylaws, which
require that the government be consulted before laws are
introduced. Safi added that he was able to stop legislative
action on two proposals (draft law to annul CPA Order 15,
establishing the judicial review committee and draft law to
annul Revolutionary Command Council decisions related to
employment benefits). He said that abolishing CPA 15 would
constitute interference in the judicial powers.

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Confusion on Treaty Ratification
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6. (C) The Minister also highlighted the issue of treaty
ratification. He said the CoR is interpreting Article 61
(Fourth) of the constitution to require a two-thirds majority
for treaty ratification. Since this majority is difficult to
obtain, it could put the government in an awkward position.
He also indicated that different treaties, depending on their
content, might require different levels, of ratification
(e.g., simple majority, 2/3 majority). He stated that, in
fact, the article calls for the CoR to enact a law by a
two-thirds majority to "regulate the ratification process of
international treaties and agreements" rather than for the
CoR to ratify each treaty. He said the Supreme Court may
have to step in to resolve this issue. CoR Director of
Parliamentary Affairs Haider Muthanna told PolOffs that he

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knows treaty ratifications do not require a 2/3 vote and that
he told the Speaker and two Deputies this during the debate.
He said it was clear that, for political reasons, the CoR
leadership wanted a 2/3 vote to be required.

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Ideas for Better Relations With the Executive
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7. (C) The Minister is trying to improve relations between
the Government and the CoR. The Council of Ministers will
begin to issue a new weekly pamphlet announcing its
legislative submissions with explanations. He claimed that
the Presidency Commission (the CoR Speaker and two Deputies)
had agreed that the executive branch will conduct the first
reading of COM-suggested laws, will meet with the committees
during the amendment process, and will answer members'
questions and proposed amendments. CoR Director of
Parliamentary Affairs Muthanna confirmed to PolOffs October 1
that these new procedures would be implemented, but added
that, before any executive branch-proposed law has its first
reading, the CoR will vote to decide if the proposal should
be considered (after the Minister of State for CoR Affairs or
a ministry representatives explains the rationale for the
law). If the majority of CoR members vote yes, then the law
will be read; if not, it will be pulled from consideration.

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Review of Old Laws Needed
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8. (C) The Minister told EmbOffs that previous laws need to
be reviewed and possibly amended or annulled to match with
the constitution (NOTE: Much of the recent legislative
activity has been related to amending and annulling laws and
decisions from the CPA and the previous regime. END NOTE).
He highlighted the importance of cooperation and coordination
between the CoR and the Council of Ministers (COM) in this
effort, while acknowledging that non-governmental
organizations (NGOs),specialized organizations (which he
later described as still being weak),and other experts can
offer suggestions as well. He estimated that the executive
branch has provided suggested changes to over 100 laws since
the Transitional National Assembly (TNA).

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Comment
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9. (C) Safi,s opinions reflect his position as an executive
branch advocate. The tension between the two branches has
been evident lately, particularly when the CoR introduces
legislation that has not been coordinated with the executive
branch. The separation of powers will likely take years to
sort out, as the legislature settles into its role in a
political culture that, since independence, has normally been
dominated by the executive. However, the Minister himself is
not a pure adherent to the separation of powers he advocated,
particularly when the interests of the Shia Coalition are at
stake.
KHALILZAD