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