GOVERNOR WINS CASE, OPPOSITION PROPOSES A TRUCE

S E C R E T SECTION 01 OF 02 BASRAH 000093 SIPDIS SIPDIS E.O. 12958: DECL: 10/9/2017 TAGS: PGOV PREL MOPS UK IZ SUBJECT: GOVERNOR WINS CASE, OPPOSITION PROPOSES A TRUCE REF: (A) EMBASSY BAGHDAD O/I, 9/30/07 (B) BASRAH 85 (C) BASRAH 38 (D) BASRAH 83 (E) BASRAH 71 BASRAH 00000093 001.2 OF 002 CLASSIFIED BY: Louis L. Bono, Director, Basrah Regional Embassy Office, Department of State. REASON: 1.4 (b),(d) ¶1. (C) Summary: According to Basrah's Governor Mohammed Wa'eli (Fadhila),the Administrative Court has ruled that the Basrah Provincial Council's (PC) no-confidence vote was illegal, allowing Wa'eli to remain in office. The Court has yet to make an official announcement, but Prime Minister Nuri al-Maliki and several provincial officials acknowledged they were aware of the decision. The PC chairman has said the decision will be appealed, but in the interim will treat Wa'eli as the Governor. Wa'eli's archrival, Hasan al-Rashid (Badr),proposed a power-sharing arrangement among the parties, and negotiations between Fadhila and the Basrah Islamic List (BIL) are ongoing. Maliki's United Iraqi Coalition (UIC) is also reportedly negotiating Fadhila's return to the UIC. We are urging the Governor, the PC and the leaders of the Iraqi Security Forces (ISF) to reconcile their differences and closely cooperate as we move towards Provincial Iraqi Control (PIC). End Summary. ¶2. (C) On September 30, Wa'eli phoned us to say that the three-member Administrative Court unanimously decided in his favor, effectively allowing him to remain Basrah's governor (ref A, B, & C). Though the Court has not yet officially issued its decision, Wa'eli sent us an advance copy, and Prime Minister Maliki and several PC members subsequently confirmed they were aware of the decision. Some PC opponents, including al-Rashid, appear resigned to the decision, but others, such as PC Chairman Mohammed al-Obadi (whom we met October 6),have said that there will be an appeal (refs B & D). Meanwhile, on October 7 Basrah Security Chief General Mohan Hafith Fahad told us that Maliki has prohibited him from cooperating with Wa'eli. ¶3. (S) In an October 4 meeting with al-Rashid (Badr/BIL),we stressed that with PIC on the horizon, it was vital for the PC, the Governor and the Iraqi Security Forces to cooperate. Al-Rashid agreed, but argued that there would be no harmony between the Governor and the Basrah Islamic List (BIL) unless there is a "division of responsibilities for governance among the parties." He proposed that Wa'eli keep the governorship, but the BIL shoulQreceive the PC chairman (currently Dawa) and the deputy governor (Future Iraq Assembly) positions. (Note: In a subsequent conversation with the British Consul General, al-Rashid proposed the deputy governor and the second deputy chairman positions. The first deputy chairman slot is held by Fadhila. End note.) He also suggested that the Sadrists be awarded the position of technical advisor to the governor on reconstruction, noting the need to include the Sadrists in a solution. ¶4. (C) Wa'eli visited the following day, beaming with vindication. He told us that the last five months had been difficult; the case occupied his time and kept him from focusing on his job. With the case behind him, the REO Director stressed that now was the time for Wa'eli to act with magnanimity, reconcile with his opponents, and cooperate with security officials. Wa'eli appeared surprised but interested when the Director raised al-Rashid's proposal. He did not dismiss the proposal outright, but stated his reservations. He pointed out that the PC chairman and the deputy governor were not appointed, but elected and would have to be voted out. The deputy governor's position would be dangerous to give away, because he has the same authority as the governor. He was even more hesitant on the technical advisor position, which he described as non-political. The director urged Wa'eli to continue discussions with the BIL, which Wa'eli agreed to do (ref E). Both al-Rashid and PC Chairman Obadi asked for REO support in conducting negotiations (Obadi was not aware of al-Rashid's proposal),and the Director suggested he would consult with his British counterpart if Coalition intervention would help the parties reach a solution. ¶5. (C) Wa'eli also told us that Maliki's UIC was negotiating Fadhila's return to the governing coalition. According to Wa'eli, Iranian Ambassador Hasan Qoumi informed UIC members of the impending court decision and instructed them to reconcile with Fadhila. Wa'eli said COR members Hasan al-Shammari and Jaber Khalifah will represent Fadhila in the negotiations scheduled for the second week of October in Baghdad. ¶6. (C) Comment: Despite the lack of an official announcement, most, including MND-SE and FCO officials are accepting the decision as a fait accompli. The British are contemplating BASRAH 00000093 002.2 OF 002 resuming relations with Wa'eli (refs B & D),and we are hoping to bring the two parties together at an Iftar event later this week. (Note: The British severed ties with Wa'eli on/about July 4 at the behest of Prime Minister Maliki. End note.) Al-Rashid, for his part, is attempting to secure the best deal possible, while Wa'eli is smiling like the Cheshire cat. However, if Wa'eli overplays his hand, it could create difficulties in the run up to PIC, particularly with an appeal hanging over his head. BONO