HUMAN RIGHTS MINISTER ON HUMAN RIGHTS COMMISSION,

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 001974

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/15/2017
TAGS: PHUM KDEM PGOV PINR PINS IZ
SUBJECT: HUMAN RIGHTS MINISTER ON HUMAN RIGHTS COMMISSION,
SAMARRA PRE-ATTACK INTELLIGENCE

REF: A) BAGHDAD 1213 B) BAGHDAD 365 C) 06 BAGHDAD
1823 D) BAGHDAD 1483


1. (C) SUMMARY: During a June 13 meeting with PolOff, Human
Rights Minister Wijdan Salim reported that the Council of
Ministers (CoM) on June 12 decided that Iraq should maintain
both a Human Rights Commission, which is constitutionally
mandated, and a Ministry of Human Rights (MoHR). The
minister stated that the CoM proposed passing separate laws
instituting each as separate bodies. She added the laws will
be drafted by a new committee led by a legal advisor to the
Prime Minister, with representation from both MoHR and CoR's
Human Rights Committee. On a separate note, the Minister
reported that National Security Advisor Mowaffak Al-Rubaie
had sent the Human Rights, Interior, and Justice Ministers a
memo on May 31 warning of indications that the al-Askariya
Shrine in Samarra, which was bombed on June 13, might be
attacked. END SUMMARY.

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HUMAN RIGHTS COMMISSION AND MINISTRY TO COEXIST
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2. (C) Minister Wijdan Salim said that the CoM on June 12
decided to endorse the idea of setting up the
constitutionally-mandated High Commission on Human Rights
(HCHR),while continuing to maintain the Human Rights
Ministry. According to Minister Wijdan, Acting Minister of
Justice Safa al-Safi initially proposed dissolving the Human
Rights Ministry in another four to five years. Al-Safi
reportedly argued that the Shura Council had assessed that
once established, the commission's duties -- as suggested in
draft versions of the HCHR law -- overlapped too greatly with
the existing duties of the human rights ministry. Minister
Wijdan reported she convinced the CoM that a ministry and a
commission could coexist with distinct roles. She said that
she envisioned that the human rights commission would
independently work with non-governmental organizations and
the media to monitor the government, while the ministry would
promote human rights within the government through education
and internal monitoring.

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NEW HUMAN RIGHTS COMMISSION AND MINISTRY LAWS TO BE DRAFTED
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3. (C) Minister Wijdan stated that a legal advisor for the
Prime Minister will chair a new committee, including members
from CoR's Human Rights Committee and MoHR, to draft two new
laws -- a human rights commission law and a new Human Rights
Ministry law. She reported that in response to a written
request by CoM Secretary General Dr. Alli Alaq, Safa al-Safi
-- the Minister of State for CoR Affairs -- formally removed
the version of the law, which had a first reading in CoR on
March 12, from further consideration. Minister Wijdan
claimed that Alaq sent the request after she submitted an
alternate version of a human rights commission law through
the CoM to the Shura Council to challenge the CoR Human
Rights Committee's version (ref A). (Note: The Shura Council
within the Justice Ministry oversees the writing and
interpretation of Iraqi laws. End note.)


4. (C) Minister Wijdan said she believes it will take six
months for the committee designated to draft the human rights
commission and ministry laws, and that MoHR's Deputy Director
General (DG) of Humanitarian Affairs Saad Sultan would
represent MoHR on the drafting committee. Minister Wijdan
commented the process of establishing human rights
institutions should not be rushed, since the steps needed to
make them credible would take time to implement.
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MAY 31: GOI MINISTERS WARNED OF POSSIBLE SAMARRA ATTACK
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5. (C) Minister Wijdan reported that she received a memo,
dated May 31, from National Security Advisor Mowaffak
Al-Rubaie warning about information suggesting that the
Al-Askariya Shrine in Samarra might be attacked. She
commented that the memo with text "in bold and in color" was
addressed to MoHR and also other ministries such as the
Interior and Justice Ministries. She expressed frustration
that the information did not forestall the June 13 attack
that in fact destroyed the minarets at the shrine.

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COMMENT
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6. (C) The GOI's apparent intention to establish both a human
rights commission and a ministry through new laws begs the
question of how content from prior drafts of the commission
law and CPA Order 60 (which established MoHR in 2003) might

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be incorporated into future drafts. Another important factor
to watch will be whether the legislation will impart
sufficient strength and independence to either or both human
rights entities. By proposing two new laws, the GOI seeks to
remove overlaps in ministry and commission mandates that the
UNAMI Human Rights Office (which in 2006 advised the drafting
committee for the HCHR law) acknowledged in the draft
legislation read in CoR on March 12 (ref C).


7. (C) The Minister's intention to nominate Deputy DG Saad
Sultan as at least one of MoHR's representatives on the
drafting committee for the human rights laws may prove
controversial, since there have been allegations that he is
corrupt (ref D). Post will monitor developments related to
legislation for the human rights commission and the ministry,
and inquire about advisory support the GOI may seek in the
process. END COMMENT.
CROCKER