FIRST YEAR OF IRAQ'S COUNCIL OF REPRESENTATIVES --

C O N F I D E N T I A L SECTION 01 OF 03 BAGHDAD 000547

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/15/2017
TAGS: PREL PGOV IZ
SUBJECT: FIRST YEAR OF IRAQ'S COUNCIL OF REPRESENTATIVES --
ACCOMPLISHMENTS OF AN INSTITUTION "UNDER CONSTRUCTION"

REF: A. A) BAGHDAD 492 (COR SPEAKER WITH AMB)

B. B) BAGHDAD 476 (RECESS BEGINS)

C. C) BAGHDAD 460 (TAMIMI ON POLITICS/ABSENTEEISM)

D. D) BAGHDAD 441 (BUDGET PASSAGE)

Classified By: PolCouns Margaret Scobey, reasons 1.4 (b) and (d).


1. (C) Summary: Iraq's one-year-old legislature is
maturing slowly as an institution through its work on a
diverse package of laws. We count 27 pieces of legislation
passed, and many more debated, during 86 meetings held since
March 2006. Legislative priorities for the upcoming term
will further test the mettle of a young institution which
must grapple with political reconciliation in spite of
internal discord (and outright sectarian tension),growing
pains of an organization short on resources, and chronic
absenteeism among key parliamentarians. Nonetheless, the
parliament's first year has shown that cooperation is
possible, albeit limited, in Iraq's tense political
atmosphere; we must help members build upon that possibility
during their second year to focus efforts on Iraq's core
national interests. End summary.

Key legislative business
--------------


2. (SBU) Legislative initiatives acted upon by Iraq's
parliament, the Council of Representatives (CoR),during its
first full legislative cycle include the establishment of CoR
bylaws (passed 14 June),establishment of an Independent
Higher Electoral Commission (debated from July and passed
January 23),Fuel Import Liberalization (passed 6 September),
an Investment Law (passed 10 October),Regions Formation Law
(passed 11 October),periodic extensions of the State of
Emergency, and final passage of the 2007 budget on February

8. Over 20 other laws were passed and many more debated,
including the still-pending Provincial Powers Law which is
critical to balancing the powers of the central government
with those of the provinces.


3. (C) As a new legislative cycle begins in early March, we
expect that issues key to reconciliation and national unity
-- Provincial Powers Law (potentially including provincial
election dates),De-Ba'athification Law, Hydrocarbons Law,
constitutional reform -- will have priority on the CoR
agenda, as well as the attention of the GoI. CoR Speaker
Mashhadani has stated that the Regional Powers Law is a
priority for the upcoming session (ref A),as has Minister of
State for Parliamentary Affairs Dr. Safa al-Safi (although he
told PolOff February 13 that the current draft is "worse than
Bremer" and in need of amendment). Dr. Safa also said the
Hydrocarbon Law was a priority, adding that the CoR needed to
pay closer attention to constitutional issues and legal
contradictions found in draft laws that could lead to
problems later on. He said that as the CoR evolved into a
more mature legislature, it might benefit from expert legal
advice from the U.S. on constitutional and governmental
balance of powers issues -- but did not need "interference"
or the imposition of a foreign value system.

Schedule overview
--------------


4. (U) The CoR, whose 275 members emerged victorious in
December 2005 elections, was inaugurated on March 16, 2006.
The CoR's annual legislative cycle is stipulated in the
constitution as constituting an eight-month period broken
into two terms; those terms are defined in CoR bylaws as
constituting the two periods from March 1 - June 30 and
September 1 - December 31.


5. (SBU) The 2006 session did not begin in earnest until the
formation of a government in May, to compensate for which the
first term continued through the end of July, followed by an
August recess. Attendance dwindled in early December;
political tensions, including a Sadrist boycott, compounded
the many other reasons for absenteeism: some members
resident overseas, members traveling for Hajj, year-end
trips, and various personal reasons. The CoR was unable to
assemble a quorum (see para 9 below) to complete its business
before the end of December. The constitution stipulates that
the session cannot conclude, in fact, until the budget is
completed (Article 57); the second term of the annual cycle
was therefore extended through February 8, 2007, when budget
approval finally sent the session into recess (refs B and D).
Note: the executive branch shares responsibility for delayed
passage of the 2007 budget, which the GoI did not submit to
the CoR until late December.


6. (SBU) A quick analysis of the calendar shows that the CoR
met once in March, and held sessions the following number of
times during each of the subsequent months:

BAGHDAD 00000547 002 OF 003


--- April (none)
--- May (8 days)
--- June (9 days)
--- July (11 days)
--- August (recess)
--- September (11 days)
--- October (8 days)
--- November (11 days)
--- December (9 days, but only had a quorum once)
--- January (14 days, but without a quorum for the first 8)
--- February (5 days).
Total meetings: 87 days (29 first term, 58 second term, at
least 16 without a quorum). Aside from these plenary
sessions, the CoR's 25 committees meet separately and more
frequently to hammer out specific initiatives. Behind every
CoR decision is a committee engaged across sectarian lines to
prepare laws for presentation to the larger assembly.
(Committees are subject to the same political forces
influencing broader CoR discussions, yet offer a focused
policy environment in which reasoned dialogue may be easier
to achieve.)

Anatomy of an "average" session
--------------


7. (SBU) CoR sessions are generally called for late morning,
but actual start times are often delayed while a quorum is
gathered and/or while the leadership or political blocs
hammer out agreements on delicate political issues. Until
sessions begin, members mingle in the upper lobby of the
Convention Center (used by the CoR for plenary sessions,
committee meetings, and staff office space). Meetings get
underway with a reading from the Quran and the Speaker has
recently had names of absent members read from the podium to
emphasize the importance of showing up.


8. (SBU) Although CoR bylaws call for a published agenda two
days in advance, distribution of a printed agenda is late in
the game (the key staffer for parliamentary affairs says "two
minutes" is about as much advance as is possible in the
politically-charged atmosphere of the CoR, and the printed
agenda is not necessarily a reliable guide to the topics that
will actually be discussed). A mid-afternoon lunch break
often marks the end of the day's session, although meetings
are carried into the evening when issues warrant. On
February 8 the CoR passed the budget at an unusually late
6:30 p.m., after which an appearance by the Minister of
Health took the session up to 7:00 p.m.

Attendance
--------------


9. (SBU) CoR bylaws require an absolute majority (138 of 275
members constituting a quorum) to be present for a session to
begin and to vote on legislation; other business can be
conducted if attendance dwindles -- as often happens later in
the day -- and the CoR creatively kept one session "open" for
many days in a row so that discussion could continue without
a quorum.


10. (C) Absenteeism is indeed a serious problem. Some
members have not made more than a ceremonial appearance
during the year, and the average attendance is well over 100
members short of a full house. CoR bylaws allow for salary
to be deducted for chronic no-shows (although it is
politically difficult to apply this to senior members of
political blocs and withholding salary would have no sway
over many others). Various members have called for an
improved "member replacement law" (the current law, passed in
June, does not specify absenteeism as reason for dismissal;
ref C reports the claim of one member that he has 55
signatures in favor of a law that would require the
replacement of members who miss 15 sessions).

Staffing stretched
--------------


11. (SBU) The CoR has over 300 full-time staff and is hiring
more. Senior managers are capable but overworked, grappling
with staff training needs, a lack of sufficient office
equipment, and constant renovation of space within the
Convention Center (including subdividing corridors into
meeting spaces). Support from NDI and IRI has contributed to
the CoR's institutional capacity, which still has a hard time
keeping up with the demands of an evolving legislature.
Unfortunately, current hiring is reportedly being based on
sectarian balance as opposed to competence and loyalty to the
institution.

Growing pains with a sectarian overlay
--------------


BAGHDAD 00000547 003 OF 003



12. (C) Not surprisingly, the CoR reflects the sectarian
nature of Iraqi political life -- a microcosm of Iraq's
deep-rooted partisan divisions. Voting on key issues is more
often than not along sectarian lines, debates often become
acrimonious, and the legislative output often reflects
parochial interests. CoR Speaker Mashhadani's style does
little to bring order to the dialogue; a Sunni in a
Shia-majority CoR, he is often accused of stating his opinion
as opposed to managing a balanced discourse and many members
speak of his possible removal as an important step in the
CoR's maturing process. Conversely, Deputy Speaker Khalid
Attiya (representing the majority Shia) has a reputation of
being organized and aggressive on the CoR floor when it is
necessary to conduct legislative business expeditiously.


13. (C) A strong speaker, well versed in parliamentary
procedures and able to inject balance into
politically-charged discourse, is indeed one of the CoR's
current deficits. Lack of adherence to established bylaws,
confused rules for hearing procedures (particularly when
ministers are called to testify),lack of preparation for
sessions (copies of bills under review are often not
available -- or of poor quality -- and agenda-management is
haphazard),and lack of order in meetings, lead to frequent
calls for a "point of order" from the floor, often turning
procedural issues into unnecessarily politicized arguments.


14. (C) The CoR has matured sufficiently to have genuine
cross-sectarian and cross-ethnic negotiations on specific
issues and move them toward resolution (e.g., the budget, the
regions formation law, the electoral commission law),yet
often conducts business on an ad hoc basis which starts from
scratch each time a new issue arises. The institution has
not matured to the point that members can rely on established
bylaws (and a predictable speaker) to manage the agenda,
negotiate package deals (a give-and-take approach that might
facilitate passage of multiple initiatives rather than
issue-specific agreements),or look to enduring cooperative
arrangements to rise above politics when the national
interest warrants.

Looking ahead
--------------


15. (C) Structured along partisan lines and featuring myriad
personalities unaccustomed to democratic discourse, the CoR
can nonetheless develop into a civil forum for debating the
laws that will form the foundation of Iraq's future. The CoR
is providing a forum for people on opposite ends of the
spectrum to meet, debate issues, and judge one another on the
quality of their work. (As an example, Sadrist Baha Al-Ariji
has been seen on more than one occasion dining with Tawafuq
bloc leaders, and enjoys excellent working relations with his
Legal Committee Co-chair Saleem Al-Jabbouri.) The committees
represent a good place for cooperation to grow, as fewer
people are involved, discussions are discreet and issues more
focused, and the substance of discussions lends itself to
consideration of the needs of a troubled nation.


16. (C) The very nature of the laws rising to the top of the
agenda when the CoR reconvenes in March will require greater
cooperation; while a reasoned review of Iraq's national
interest would work in favor of reconciliation and power
sharing (represented in the laws noted in para 3),the debate
itself could also highlight the divide between the various
parties. Post continues to work carefully to moderate
political forces, keep the focus on laws that contribute to
Iraq's true national interest, encourage institutional
capacity building, and make our views known to CoR members
and the GoI to help steer legislation in positive directions.
SPECKHARD