PRT SALAH AD DIN: PROVINCIAL OFFICIALS BRACE FOR

C O N F I D E N T I A L BAGHDAD 000636

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/04/2018
TAGS: PGOV PREL PTER PINS KCRS IZ
SUBJECT: PRT SALAH AD DIN: PROVINCIAL OFFICIALS BRACE FOR
IMPACT OF NEW DE-BAATH LAW

REF: BAGHDAD 401

Classified By: PRT Salah ad Din Team Leader Rick Bell
for reasons 1.4 (b) and (d).


1. (U) This is a PRT Tikrit, Salah ad Din cable reporting
cable.

Summary
--------------


2. (C) With the clock ticking on the implementation of the
Accountability and Justice Law, Provincial leaders have begun
to look ahead at how they can make their case to Baghdad on
how and why the law should be modified. Provincial officials
concede that the law is a good first step, but fear that
strict interpretation will adversely affect the effectiveness
of the Provincial government. End Summary.


3. (C) As befitting the Sunni heartland of Iraq and home to
large numbers of former regime employees, Provincial leaders
have begun to look ahead at how they can make their case to
Baghdad on modifying elements of the Accountability and
Justice (De-Baath) Law in a way that would benefit the
Province. Provincial officials acknowledge that the new law
contains good news: providing pensions to the estimated 500
Shu,ba level members and unknown number of firqa level
members in the Province, as well as reinstating the estimated
578 Firqa level members who are eligible to return to work.
However, Provincial officials note that the provision in the
law that removes Firqa level members who held Director
General and above positions in the previous regime from their
jobs will have a devastating effect on the Province. The
Governor, Deputy Governor, Provincial Director of Police,
Assistant Governor for Technical Affairs, and likely scores
of police officials are all among those who will be required
to leave their jobs. Provincial officials argue that those
employees who have worked hard to rebuild the Province should
not be fired simply because of their previous membership in
the Baath party. Doing so, according to these officials, is
contrary to the spirit of national reconciliation.


4. (C) Provincial officials recognize that their suggestions
to modify the law or its implementation are a long shot.
However, an Accountability and Justice Subcommittee of the
Provincial Committee for the Promotion of National
Reconciliation (reftel) has been formed to discuss De-Baath
issues. Discussion of these issues has dominated the full
Committee's agenda, and work on developing concrete proposals
they can bring to Baghdad has taken center stage.

Proposed Course of Action
--------------


5. (C) In its deliberations, the Subcommittee has developed a
number of possible modifications to the law. First, it will
propose that individuals who wish to make accusations of
crimes against specific people regarding their Hussein-era
activities should have a 60 day period to do so, after which
no claims would be entertained. Timely claims could be
judged (they have not yet considered a mechanism for doing
so) and if the accused is found to be innocent, that
individual should be allowed to keep his/her job. This would
address the reality that the Accountability and Justice Law
more about guilt by association, rather than the activities
of each individual.


6. (C) Provincial officials are realistic about their ability
to influence modifications in the law and are preparing for
the very real possibility that the law will be implemented in
a political fashion. Recognizing that they have only 60 days
after the law's enactment to apply for a reinstatement or
pension before a panel will decide on their case, Provincial
leaders are developing a list of those eligible so that they
are ready for those hearings. Additionally, the Province
will develop a list of key employees that are vital to the
administration and security of the Province and will request
exemptions for them. Given the law's requirement that the
Council of Representatives (CoR) must approve those
exemptions, Provincial officials are not confident that
exemptions will be granted. Even if exemptions are granted,
the governance of Salah ad Din province could be greatly
disrupted due to so many key officials being on leave pending
resolution of their cases.

Comment
--------------


7. (C) Provincial officials, many of whom stand to lose their
jobs, are extremely worried about the law's implementation.
If carried out as written, the Province stands to lose a
great deal of its key administrative, technical, and security

apparatus. Provincial officials are committed to having
their voices heard in Baghdad and have moved swiftly to
develop an approach to mitigate the effects of the law, but
are realistic about the likely outcome. Having their
concerns addressed in a positive fashion by Baghdad would be
the most important and tangible sign of Baghdad's commitment
to reconciliation that this Province has seen. End Comment.
CROCKER