CONSTITUTIONAL REVIEW: IDENTIFYING PRIORITIES,

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 000426

SIPDIS

/////C O R R E C T E D C O P Y. CHANGED PARA MARKING FOR PARA 12
FROM (S) TO (C)./////

SIPDIS

E.O. 12958: DECL: 02/05/2016
TAGS: PGOV KDEM IZ
SUBJECT: CONSTITUTIONAL REVIEW: IDENTIFYING PRIORITIES,
OUTLINING NEXT STEPS

BAGHDAD 00000426 001.2 OF 003


Classified By: Political Counselor Margaret Scobey for Reasons 1.5 (b)
and (d)


1. (C) Summary. In the two and a half months since the
Council of Representatives (CoR) named the Constitutional
Review Committee (CRC),political parties have yet to engage
substantively over possible constitutional amendments.
Tawafuq, in collaboration with several smaller political
parties, and Ayad Allawi's Iraqiyya list each submitted
comprehensive revisions to various articles. The CRC formed
three sub-committees, led by CRC chairman Humam Hammoudi
(SCIRI) and CRC deputy chairs, Ayad al-Sammarai (IIP) and
Fouad Masoum (PUK). These committees have been tasked to
examine political issues (al-Sammarai),important but less
controversial issues (Hammoudi),and technical issues where
the Constitution requires further clarification (Masoum).
CRC members have told emboffs that the CRC will make its
final recommendations to the CoR in late April.


2. (C) Summary cont. While the CRC does not yet have a final,
complete set of proposed amendments, private conversations
with individual members suggest that federalism, resource
sharing, strengthening the central government, and Kirkuk are
key issues. Additionally, issues such as reviewing the
judicial structure, Arab identity, the personal status
provision, and the Federal Council will be addressed. The
CRC does not have formal by-laws, but CRC member Sami
al-Askari (Shia, independent) said that the committee will
not vote on proposed amendments but will operate by
consensus. Thus any and all proposals made to the CRC could
move forward to CoR even if only one person wanted to propose
it. He also said that the CoR would discuss and vote on each
proposal separately (and not as a single all-or-nothing bloc
of amendments as some have suggested). The United Nations is
actively engaging with the CRC and has identified four key
areas they will encourage the CRC to review (septel). The UN
and other NGOs have planned several trips and conferences
with CRC members during February with a goal of providing
different examples of a federal system of government. End
Summary.

--------------
THE BIG ISSUES: RESOURCES, FEDERALISM, KIRKUK
--------------


3. (C) As chair of the political subcommittee, Ayad
al-Sammarie (IIP) leads efforts to compile suggestions and
make recommendations on those issues which will require
political consensus to resolve. In conversations with
poloffs, he identified resource distribution, federalism and
the redistribution of central government powers away from the
Prime Minister and to the Presidency Council and the CoR
Speaker as key issues which his committee would address. He
further noted that Article 140, which requires a referendum
to determine Kirkuk and other disputed territories' final
status, will be addressed. According to al-Sammarie, Kirkuk
should be given special status because of its diverse makeup
and the potential for it to be a flashpoint of regional
tension. As Iraq's only seaport, Basrah should also be given
special status similar to Baghdad, which would prevent it
from joining a region or another province, al-Sammarie said.


4. (C) In a separate meeting with poloffs, CRC co-Secretary
Abbas al-Bayati (Shia Independent) also identified Kirkuk,
federalism, and resource sharing as critical issues to be
addressed and noted that "behind the scenes discussions with
political leaders" will resolve most of them. When asked
specifically about Kirkuk and the likelihood of support for
changing Article 140, al-Bayati agreed that the Kurds would
object to changes but noted that Sunni Arabs and Turkmen
"have asked for changes," while Shia Arabs are not opposed to
changes. It will be difficult, he said, to hold a referendum
for Kirkuk in 2007, suggesting instead that a formula for
power-sharing in the city be devised and the referendum
delayed for "five to ten years."

-------------- --------------
OTHER KEY ISSUES: JUDICIAL REFORM, HUMAN RIGHTS, IDENTITY
-------------- --------------


5. (C) In addition to the substantive political issues, the
Constitutional Review process offers an opportunity to review
articles and issues which need further clarification or
development. Chief among these issues is revising
constitutional articles pertaining to Iraq's judicial system.
The High Judicial Council led by Iraqi Chief Justice Madhet
al-Mahmood has proposed several changes which "support the
separation of powers and confirms the independence of the
judiciary" and clarify the relationship between regional and
federal courts. The UN has taken an active role on this
issue, including hosting a January 20-24 conference in Cairo
between CRC members, Iraqi judges and international legal

BAGHDAD 00000426 002.2 OF 003


experts.


6. (C) In a meeting with poloffs, CRC member Hassan
al-Shemmari (Fadhila) emphasized his party's desire to amend
the constitution to emphasize Iraq's Arab identity. CoR
members Maysoon al-Damluji, Safia al-Suhail and CRC
co-Secretary Aliyah al-Ubeidi (all Iraqiyya) have repeatedly
told poloffs their desire to delete the language in Article
41 (the personal status law),instead inserting the language
of the 1959 Personal Status law (No. 188) which was widely
regarded as the most progressive and protective of women's
rights in the Middle East. The UN has noted that the review
process offers an opportunity to strengthen human rights
protections, specifically in areas concerning freedom of
expression, and more specific language explicitly stating the
manner and scope of emergency powers.

-------------- --------------
IRAQIYYA AND TAWAFUQ: DE-BAATH, HUMAN RIGHTS, KIRKUK
-------------- --------------


7. (C) The CRC allowed political parties, civil society
organizations and private citizens until December 31 to
submit recommendations. The Iraqi Minorities Council
submitted comprehensive suggestions to better protect Iraq's
minority communities. Ayad Allawi's secular party list,
Iraqiyya, offered multiple recommendations focusing on more
protection for human rights and equality, strengthening the
central government in areas of resource distribution, and
most importantly annulling the High Commission for
De-Baathification and referring all future cases to the
judicial system. While the CRC has not explicitly defined a
process to address proposed constitutional changes, it is
likely that the suggestions will be reviewed individually by
the appropriate sub-committee.


8. (C) Tawafuq, the Sunni coalition, collaborated with Hewar,
the Iraqi Turkmen Front, and the Iraqi Yezidi Movement.
Among their recommendations are: a focus on Arab identity;
increasing the Federal Government's authority in resource
distribution; revising Article 135 pertaining to the
De-Baathification Commission; and broadening the referendum
on Kirkuk and other disputed territories to allow all Iraqi
citizens to vote on their future status. Tawafuq's efforts to
find broader support for their changes demonstrate a growing
awareness of the need for consensus-building. Their ability
to define priorities and work with Shia and Kurdish parties
will, in the end, determine their success in bringing their
proposed changes to the Iraqi public in a constitutional
referendum.

-------------- --------------
NEXT STEPS: CRC MEMBERS RECEIVING OUTSIDE ASSISTANCE
-------------- --------------


9. (C) Al-Sammarie expressed concern that the CRC does not
contain the technical experts needed to address important,
substantive issues. He said that he has asked the UN to
provide more technical guidance on several articles and
conveyed frustration at the UN's unwillingness to provide
more specific technical drafting of articles for fear of
appearing partisan. (Note: The UN is aware of Tawafuq's
criticism and is preparing to increase the technical
assistance, including experts, provided to the CRC. End Note)


10. (C) Several organizations, including the UN and the US
Institute for Peace (USIP),will take advantage of the CoR's
February recess to take CRC members on familiarization trips
in Europe, Asia and the US. The UN plans two trips: one
group will travel to Germany and Spain where CRC members will
learn how federalism functions in those countries; another
group of CRC members will travel to Malaysia where they will
examine different judicial structures and federal systems
Additionally, the UN has signed a contract with the CoR to
provide computers and office space for the CRC to use during
the review process. USIP is planning a February 18 trip to
the US for more examples of a federal system and in-depth
examples concerning the regional authorities' relationship
with the central government. CRC members anticipate that in
March serious work will commence and political leaders will
begin negotiations on the more sensitive and divisive issues.


--------------
COMMENT
--------------


11. (C) The constitutional review process is an important
component to Iraq's reconciliation program, allowing those
with grievances an opportunity to express their disagreement
and push for change. CRC members have voiced concerns to
emboffs that the review process has moved forward too slowly.

BAGHDAD 00000426 003.2 OF 003


We assess that serious negotiations will only begin when the
full CoR is getting ready to vote and that in the end
deal-making will take place behind closed doors of the
political bloc leaders.


12. (C) Assuming that Al-Askari's interpretation of the
committee's procedures are correct, the committee itself will
not limit what is brought before the CoR, allowing for the
possibility of full debate on all issues of concern.
Nevertheless, the Sunnis and others desiring fundamental
changes, for example over the Constitution's provisions on
federalism, will face a very uphill battle


13. (C) The CRC has until May 15 to submit its
recommendations to CoR. There is, however, no to limit to
how long CoR may debate the proposals. The CRC's success
will ultimately be measured by the degree to which political
parties engage in these negotiations, and whether those who
have felt marginalized in the political process view the
CRC's efforts as a fair chance to improve the constitution.
KHALILZAD