ACTION REQUEST: POLICY GUIDANCE FOR MEK

C O N F I D E N T I A L BAGHDAD 002082 SIPDIS SIPDIS C O R R E C T E D C O P Y - SUBJECT LINE E.O. 12958: DECL: 06/25/2017 TAGS: PREL MOPS PHUM PINS IZ SUBJECT: ACTION REQUEST: POLICY GUIDANCE FOR MEK REF: A. BAGHDAD 2054 ¶B. BAGHDAD 2055 Classified By: Ambassador Ryan C. Crocker for reasons 1.4 (b) and (d). ¶1. (U) ACTION REQUEST: This is a request for policy guidance. Please see para 12. ¶2. (C/REL MNF-I) SUMMARY: In the past week, the Prime Minister has insisted in separate meetings with the Ambassador and the Political Counselor that all Mujahedin e-Khalq active and former members must leave Iraq and until they do, the Government of Iraq should take the lead in securing the MeK camp to restrict the population's visitation rights and movement outside the camp (reftels). With the status quo on the MeK in Iraq becoming increasingly untenable, Mission and MNF-I, after consultation with ICRC and UNHCR, have developed the broad outlines for a four-phase program to peacefully dissolve the Coalition-protected camp where MeK members and defectors receive treatment as "protected persons" consistent with Geneva Convention IV. This plan addresses both the 3358 active MeK members and the 203 former MeK members, 176 with formal UNHCR refugee status. It entails voluntary and involuntary repatriation of MeK members back to Iran and finding third-country homes for all MeK defectors with UNHCR refugee status, some of whom could be considered for United States and Iraqi residency. As this plan is being implemented we would reduce our provision of support and services consistent with the basic international human rights standards. MNF-I is reviewing the possibility of having Iraqi security forces incorporated into securing Ashraf and is also making plans to relocate the refugees to a location in Iraq outside the volatile Diyala province and away from the Iranian border. END SUMMARY. Current MeK Situation -------------- ¶3. (C/REL MNF-I) Prime Minister Maliki is committed to expelling the MeK from Iraq. In the past six months, he has reiterated this stance several times, most recently last week to the Ambassador and the Political Counselor after the MeK held a public conference in which hundreds of Iraqis attended and which the GOI had opposed. Maliki made clear to the Ambassador that the MeK is a terrorist group, working against his government and his people and they have no legal right to remain in Iraq. They all must go either to Iran or a third country that will accept them. He added only those with Iraqi judicial arrest warrants against them may remain in Iraq. Maliki has also conveyed that as the host country, his forces should take the lead in securing the MeK camp while the government works with the U.S. Embassy to dissolve the camp immediately (reftels). Current US Policy: Ineffective -------------- ¶4. (C/REL MNF-I) Our present policy of gradual degradation of the MeK has failed to produce large-scale voluntary defection or repatriation of MeK members. MeK leaders remain adamant that they will remain in Iraq unless granted U.S. residency. We recognize that the course of action outlined below has drawbacks including risk of violence by MeK members. We further understand that any U.S. policy that successfully rids Iraq of MeK would likely be seen as a success for Iran. We believe, however, that if we do not begin taking steps to resolve the MeK presence, it will have an impact on our bilateral relationship with Iraq, and the Iraqi Government may act unilaterally against the MeK without meeting international and standards. Four Phase Program for Dissolving MeK Camp -------------- ¶5. (C/REL MNF-I) PHASE I: Voluntary reparation back to Iran. After receiving assurances on non-refoulement, MNF-I and a representative from the Embassy announce that Protected Persons status is being lifted. As recommended by ICRC, MNF-I and Embassy will set up a panel to interview each active MEK member to identify individuals willing to return to Iran. Each interviewee will be advised that: --S/he does not have the option to stay in Iraq. --The US is lifting protected persons status and MNF-I will maintain an overwatch presence in camp to ensure the GOI upholds its non-refoulement agreement. --Obtaining refugee status does not guarantee third country resettlement. --Neither we nor the ICRC have received any complaints from the 400 MEK members who have returned to Iran. --The US and the ICRC will facilitate from Iraq family reunification in Iran and the repatriation process --MNF-I we will move all volunteers/defectors away from the MEK active member camp to ensure their security and well-being throughout the repatriation process. ¶6. (C/REL MNF-I) PHASE II: Involuntary repatriation to Iran. At a later date, a separate panel made up of international NGOs and any other disinterested parties interview those remaining in the camp. TF134 believes this will be the majority as few will elect to leave unless we can offer a third country in Phase I. The panel would assess individuals who decline voluntary repatriation and claim to have a well-founded fear of torture, ill treatment or other forms of ill-treatment, persecution, arbitrary deprivation of life, or manifestly unfair judicial proceedings if they return to Iran. The ICRC said that MeK members reviewed by the panel must have the right to make written submissions on their own behalf. The ICRC also said that the MeK members appearing before the panel should have access to legal counsel and should have a right to some form of an appeals process (NOTE: The Department's legal policy may exempt us from ensuring legal counsel). ¶7. (C/REL MNF-I) The panel would ultimately determine if the individual MeK member had a well-founded fear of torture or other forms of ill-treatment, persecution, arbitrary deprivation of life, or manifestly unfair judicial proceedings. In the ICRC's view, MeK members determined not to have such well-founded fears could be involuntarily repatriated to Iran. In such cases, we would seek diplomatic assurances from the Government of Iran. Due to its mandate, however, the ICRC said it would not assist in any involuntary repatriation. --MNF-I maintains over-watch to ensure safety of I-NGOs and other panel members. --Simultaneously, MeK works directly with GOI to resolve future. --MeK encouraged to find solution outside Iraq for their membership. --Those deemed safe to return to Iran are extradited by GOI to Iran. ¶8. (C/REL MNF-I) PHASE III: The US spearheads efforts to find third countries for refugees. MNF-I MG Stone and the Ambassador believe the best way forward with the 203 former MeK members with refugee status is to make appeals at the highest levels to countries that accept refugees. (NOTE: 176 have formal UNHCR recognition and UNHCR will interview the remaining 27 next week). They also suggest the US consider admitting a limited number of them. ICRC has stressed that if the US would take some of the refugees, other countries would be more willing to agree to resettle some. ¶9. (C/REL MNF-I) The 176 former MeK members with UNHCR refugee status would not be eligible for involuntary repatriation as UNHCR has already determined that they have credible fears of persecution under the 1951 Convention relating to the Status of Refugees. These refugees are unlikely to change their mind and volunteer to go home. We also believe after the initial interview process n the lifting of Protected Persons status, we will see a large number defectors pursuing refugee status. ¶10. (C/REL MNF-I) PHASE IV: Residual refugee/defectors stay in Iraq. Towards the end of the plan, we will likely be left with a residual number of MeK members and refugees/defectors who will not want to leave Iraq, cannot be involuntarily repatriated, and cannot find a third country to move to. It will be at this time that we will approach the Government of Iraq about permitting a small number of individuals residence in Iraq. If Iraq approves such a proposal, we would require diplomatic assurances. Using ISF and Relocating Defectors/Refugees -------------- ¶11. (C/REL MNF-I) In addition to proposing this four-phase MeK camp dissolution plan, the MNF-I is reviewing Maliki's request to use Iraqi security forces in securing Ashraf. We have already impressed upon Maliki this may not be possible given US international legal obligations to ensure the protection of the MeK. MNF-I is also considering whether it would be most appropriate to relocate, at least the MeK defectors/refugees, away from Camp Ashraf to a location outside Diyala province. ¶12. (C/REL MNF-I) We request Department approval to implement the above four-phase program to dissolve the MeK camp in Iraq. CROCKER