CHARGE AND IRAQI CONSTITUTIONAL COMMITTEE CHAIR

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004310

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/20/2016
TAGS: PREL PGOV IZ
SUBJECT: CHARGE AND IRAQI CONSTITUTIONAL COMMITTEE CHAIR
DISCUSS CONSTITIUTIONAL REVIEW

Classified By: Deputy Chief of Mission Daniel Speckhard for reasons 1.4
(b) and (d).


1. (C) SUMMARY: Newly elected Constitution Review Committee
(CRC) Chair Shaykh Humam Hammoudi (Shia Coalition/SCIRI) told
Charge Speckhard on November 19 that the CRC will take up
political, technical/drafting, and "continuity" issues.
Political issues like regional authorities will be decided by
political leaders and these decisions need to be made early
in the process so that final decisions are not made hastily
at the end (as was done in constitution drafting). The CRC
will form a committee of Iraqi experts and ask the UN to
provide outside experts to consider technical issues. The
CRC will also tackle particular articles that are due to
become laws (e.g., Federation Council, judiciary, and
independent commissions). Hammoudi believes that some
regional authority issues can be handled by the Federation
Council. While the Shia Coalition was unwilling to accept
Sunni Council of Representatives (CoR) member Ayad
al-Sammarai as CRC chair (al-Sammarai is a deputy chair)
because of the Sunni Tawafuq bloc's actions during the region
formation law debate, the committee leadership will work
together. Hammoudi said he supports minority participation
in the review process, but added that Kurdistan Regional
Government (KRG) President Massoud Barzani continues to
refuse to add Iraqi Turkmen Front CoR member Saad al-Din
Muhammad Amin to the CRC despite his election by fellow
Turkmen CoR members. END SUMMARY.

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Political, Technical, and "Continuity" Issues
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2. (C) CRC Chair Hammoudi (Shia Coalition/SCIRI) told the
Charge November 19 that that the CRC had agreed in its
initial November 15 meeting to work together. He divided the
CRC issues into three areas: political, technical/drafting,
and "continuity" issues:

-- Political issues (e.g., region authorities, natural
resources, wealth distribution): Hammoudi stressed the need
to pinpoint each side's concerns and demands on certain
articles. He added that decisions on these issues will be
made by the political leadership. He stated that CRC wants
to avoid what happened during the original constitution
drafting: complications when the final version was presented
late in a hasty manner. The CRC has asked already the Sunni
Tawafuq bloc to present its observations and requests, in
light of the fact that Sunnis did not participate early
enough in the original constitution drafting process.
Tawafuq has promised to deliver its observations to the
committee November 20.

-- Technical/drafting issues: The CRC will form a committee
of Iraqi experts and ask the UN to provide outside experts,
particularly from Egypt (because of its expertise in law) and
Lebanon (because of its experience with democracy and
pluralism) to look at these issues.

-- "Continuity" issues: Hammoudi stated that the CRC will
also tackle particular articles that are due to become laws -
specifically, the Federation Council (Article 65),judiciary
authority (various Chapter 3 articles),and independent
commissions (various Chapter 4 articles). Hammoudi has
requested UN experts and studies concerning the Federation
Council. Some countries have similar experience,
particularly those countries with diversity (ethnic or
religious). He said the Federation Council will be a good
place for minorities to express their fears and defend their
rights. He said the CRC chairs will announce publicly that
the Committee will gather observations and remarks within one
month to form a sub-committee with preparing legislation as
its purpose.

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Regional versus Central Government Authorities
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3. (C) The Charge asked Hammoudi about the perception that
regional authorities are so strong that they can negate
central government decisions. Hammoudi mentioned two areas:
regional authorities and natural resources. He cited the
constitutional article that forbids the federal ARMY from
entering a region without the agreement of the region (NOTE:
There is no such reference in the Iraqi constitution. We
believe Hammoudi is referencing Article 104 (Twelfth) of the
draft KRG Constitution which states that the KRG President
has the power to "allow the entry of federal armed forces or
any other military units to the region when needed with the
approval of the Parliament of Iraqi Kurdistan provided that
their tasks and the place and duration of their presence
shall be specified." END NOTE). According to Hammoudi, these

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types of decisions should be left to the Federation Council.
As for natural resources, he said there is a
misinterpretation of the constitution. Oil is the possession
of all Iraqis, and resources will be distributed according to
number of people. While acknowledging the issue of
exploration and exploitation of existing and new oilfields,
he said, "The oil well can be in your hands, but the material
is not." He added that there are large differences between
the Kurdish Alliance and Tawafuq on this issue. He said the
gap will need to be bridged, and the USG may need to assist.

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Why Ayad al-Sammarai Could Not Be CRC Chair
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4. (C) Hammoudi told the Charge that there was initially no
objection within the Shia Coalition to the idea of Sunni CoR
member Ayad al-Sammarai chairing the CRC. It is in the Shia
Coalition's interest that the Sunnis are reassured about the
CRC's work. However, in Hammoudi's view, after the Shia
Coalition gave Tawafuq concessions in the region formation
law, Tawafuq withdrew from the final vote. Hammoudi said
this action made the Shia Coalition review the issue of
giving the CRC chair to Tawafuq, particularly with the
possibility that something as sacred as the constitution
could be dealt with haphazardly.


5. (C) Hammoudi admitted that he had told al-Sammarai before
the committee election that "his performance is not something
we are comfortable with." At the same time, Hammoudi
stressed that decisions will be made communally and that the
chair and two deputies (al-Sammarai and Kurdish CoR bloc
leader Fouad Masoum),not just the chair, will represent the
committee. The committee leadership has decided to only go
to the media together. They will only mention items they
agree on, and, if there is disagreement, they will say the
issue is under review. Hammoudi stated that he wants the CRC
to bring unity and Iraqis closer together.

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Minority Representation Important: Any Member Can Attend CRC
Meetings
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6. (C) On the issue of minorities, Hammoudi said their
presence is useful for the constitutional process. Any CoR
member can attend the CRC meetings as an observer. Since
decisions will be made by consensus and not by voting,
observer attendance should not be an issue. Hammoudi said
there was approval to add a Shabak (Dr. Hanin al-Qeddo - Shia
Coalition/Independent) and a Kurdistan Islamic Union (Sami
al-Atroshi) representative to the CRC. He mentioned that the
Sabeans have no CoR representative, but they will be allowed
to participate. As for the Turkmen, Hammoudi told the Charge
that it is not a problem for him since anyone can attend.
However, KRG President Massoud Barzani has refused the
presence of any Turkmen who is allied with Turkey (i.e.,
Iraqi Turkmen Front CoR member Saad al-Din Muhammad Amin).
Despite the fact that the political parties agreed that the
minorities could select their representatives and despite the
fact that the Turkmen CoR members elected Muhammad Amin,
President Barzani still refuses. Hammoudi said the CRC will
invite him to attend the committee meetings as an observer
until the issue is resolved.

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Comment
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7. (C) Shaykh Hammoudi said all of the right things during
this meeting, particularly regarding the inclusion of all
sides in the constitutional review process. When offered a
meeting to discuss USG assistance to the committee, Hammoudi
replied that such a meeting must include both deputies as
well. At the same time, Hammoudi did not reveal where the
Shia Coalition stands on constitutional amendments,
mentioning only the need to see what Tawafuq wants. He made
a point at the beginning of the meeting to remind the Charge
that the committee is a constitutional review committee, not
a constitutional amendment committee.
KHALILZAD