COR LEGAL COMMITTEE DEPUTY DISCUSSES DE-BA'ATH,

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003567 SIPDIS SIPDIS E.O. 12958: DECL: 10/24/2017 TAGS: PREL PGOV IZ SUBJECT: COR LEGAL COMMITTEE DEPUTY DISCUSSES DE-BA'ATH, PROVINCIAL POWERS, AND OTHER LEGISLATIVE ISSUES REF: BAGHDAD 3547 Classified By: Acting Political Counselor Ellen Germain for reasons 1.4 (b) and (d) ¶1. (C) Summary. Council of Representatives (CoR) member Salim Jeboori (IIP/Tawafuq) and Deputy Chair of the Legal Committee told EmbOffs on October 24 the De-Ba'athification law is "stalled" in the De-Ba'athification Committee because the Chair disagrees with the privileges the legislation would provide to former Ba'athists. On the provincial powers law, he said there is not much opposition, except from the Dawa bloc, due to fears of the provinces gaining too much power. The law is currently in the Shura Council for legal review. Regarding the CoR's October 21 session about reconsidering CPA Order #17 (Status of CPA, MNF-I and Missions/Personnel in Iraq) and UNSCR/Chapter VII (MNF-I Control in Iraq),he said a committee will be formed in consultation with the political bloc leaders on October 31. He thinks the Ministry of Interior (MoI) sent draft legislation pertaining to CPA Order #17 to the Shura Council for review, but no draft legislation has reached the CoR. On the vacated ministerial positions, he was unaware whether PM Maliki submitted a list of nominations for confirmation by the CoR on four ministries (Health, Transportation, Agriculture, Communications),but said the political blocs -- especially IIP/Tawafuq -- would not support this action. End summary. DE-BA'ATHIFICATION LAW STALLED IN COMMITTEE -------------- 2 (C) Salim Jeboori (IIP/Tawafuq) and Deputy Chair of the Legal Committee told EmbOffs the De-Ba'athification law is "stalled" in the De-Ba'athification Committee because the Chair (Falah Hassan Shanshel - Shia/Sadrist) does not want the draft to be referred to the CoR session for a reading. The point of contention includes privileges and pensions provided to former Ba'athists. He added, "Faleh is asking what about the victims of the Saddam era?" He discussed in detail the problems of receiving the right version of the draft law in the CoR, blaming it on Tariq Abadullah, PM Maliki's Chief of Staff, who he said sent the wrong "signed" version agreed to in the August Leadership Meetings. He also commented there is a need for better procedures and time limits placed on committees to study a law before it is submitted to the CoR session. He believes the Speaker and two Deputies of the CoR should play a more proactive role in getting priority legislation on the CoR agenda. (Comment: Speaker Mahmoud Mashadani, First Deputy Speaker Khalid Attiyah, and Second Deputy Speaker Arif Tayfur could put additional pressure on the committees to expedite their review of the draft laws; they have not yet done so. End comment.) PROVINCIAL POWERS LAW AND SHURA COUNCIL -------------- ¶3. (C) Salim Jeboori believes that the version of the provincial powers text that came out of the Committee on Regions and Governorate Affairs and was sent to the Shura Council is comprehensive and reflects everyone's views as well as the Federal Supreme Court (FSC) responses to several legal questions about the draft law which were submitted to the FSC over the summer. He said the Committee on Regions and Governorate Affairs, including Chair Hashim Yahya Ahmad al-Taee (IIP/Tawafuq) and Vice Deputy Nada al-Sudani (Dawa), supports the current draft, but the Dawa party as a bloc generally opposes it because they believe it supports greater decentralization and gives too much authority to the provinces. According to Jeboori, Dr. Safa al-Safi (UIA/Sadrist),State Minister for Parliamentary Affairs (and Acting Minister of Justice) opposes the legislation and has the ear of Deputy Speaker Sheikh Attiyah, so it has not been put on the CoR agenda. He also reports that the law was sent back to the Shura Council for additional legal review. COR RECONSIDERS CPA ORDER 17, FORMS ANOTHER COMMITTEE -------------- -------------- ¶4. (C) In the October 21 session of the CoR, the members called for reconsideration and regulation of CPA Order #17 (Status of CPA, MNF-I and Certain Missions and Personnel in Iraq) and the United Nations Security Resolution (UNSCR) Chapter VII mandate authorizing the MNF-I presence in Iraq. Deputy Speaker Sheikh Attiyah announced in the session he will work with the political bloc leaders to form a committee for comprehensive review, in coordination with the executive branch. Jeboori said the bloc leaders and the CoR leadership will meet October 31 to discuss the formation, scope, and responsibilities of this committee. He stated he may be asked to participate on the committee. He thought Abd al-Kareem al-Samarrai (also Tawafuq/IIP),Vice Chair of the BAGHDAD 00003567 002 OF 002 Security and Defense Committee, might be another possible member. The chair of the new committee has not been selected yet. Jeboori thought the committee might discuss draft legislation involving either cancellation of CPA Order #17 or the development of greater regulations pertaining to security companies. He thinks the draft text pertaining to CPA Order #17 has been developed by the Ministry of Interior (MOI) and may be in the Shura Council. He said that no such text has reached the CoR. ¶5. (C) Jeboori expects the special committee will focus its efforts on three issues. First, whether further regulation of private security companies is needed. Second, the nature of the relationship between CPA Order 17 and the presence of military forces; and third, whether the CoR will vote for an extension of the MNF-I troop presence in the country. (Note: The CoR is interested in playing a role in the UNSCR renewal process. While CoR approval of a GOI request to extend the UNSCR mandate is not required as a matter of law, PM Maliki may choose to share the UNSCR renewal text with the CoR for political reasons. End note). He surmised the committee that will be formed will also look at the scale of the security situation in Iraq as a whole, the plan to build-up Iraqi Security Forces (ISF),and the role of American troops. He said the committee will consult closely with Iraqi and American authorities to come to a common understanding on the issue. RUMORS OF REPLACEMENT MINISTERS -------------- ¶6. (C) Jeboori said any nominations for replacement ministers received by PM Maliki's Office will not be accepted by the political blocs in the CoR, especially Tawafuq/IIP; and was unaware of any nominations. (Note: In a separate meeting, another CoR member mentioned that PM Maliki had selected replacement ministers for Communications, Agriculture, Transportation, and Health, but said the list of nominations had not yet been received by the CoR (ref). End note). He called PM Maliki a "tyrant" and thought it ridiculous that Maliki would try to push his nominations, but not address other party bloc (i.e. Tawafuq) concerns at large. (Note: The Second Deputy Speaker of the CoR, Arif Tayfur (KDP/Kurd) in a separate meeting, also indicated he had not yet seen a new list of nominations. End note). BUTENIS