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. -------------- -- HUMAN RIGHTS COMMISSION AND MINISTRY TO COEXIST -------------- -- ¶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. -------------- -------------- NEW HUMAN RIGHTS COMMISSION AND MINISTRY LAWS TO BE DRAFTED -------------- -------------- ¶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. -------------- -------------- MAY 31: GOI MINISTERS WARNED OF POSSIBLE SAMARRA ATTACK -------------- -------------- ¶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. -------------- COMMENT -------------- ¶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 BAGHDAD 00001974 002 OF 002 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