ESTONIAN COMMENTS AND QUESTIONS ON IRAQ INVITE

C O N F I D E N T I A L SECTION 01 OF 02 TALLINN 000402

SIPDIS

E.O. 12958: DECL: 10/31/2018
TAGS: PGOV PREL MARR MOPS NATO EN
SUBJECT: ESTONIAN COMMENTS AND QUESTIONS ON IRAQ INVITE
LETTER FOR 1+4+1

CLASSIFIED BY AMBASSADOR S. DAVE PHILLIPS FOR REASONS 1.4
(B/D)

REF: (A) BAGHDAD 3630
(B) Rodrigues-Adkins email 11/20/08
(C) Adkins-Davy email 11/20/08


1. (C) SUMMARY: The Government of Estonia approved
legislation extending Estonia's mandate in Iraq on the
basis of the preliminary letter of invitation from the
Government of Iraq (GOI) (reftel). Parliamentary debate
will begin in early December. However, the mandate renewal
legislation will not enter into force until the GOI
receives a "proper" invitation from the GOI which contains
specifics on the future legal status of Estonian troops in
Iraq after December 31, 2008. GOE officials are unclear on
the term "non-combat" mission used in the Iraqi letter and
how it will impact the role of Estonian soldiers on the
ground. Ministry of Defense (MOD) and Foreign Affairs (MFA)
officials are reviewing the text of the US-Iraq Status of
Forces Agreement (SOFA) and want to discuss technical
aspects with the USG as well as begin discussions with GOI
officials on their own bilateral SOFA as soon as possible.
Four MPs from the National Defense Committee are traveling
to Iraq November 25-27. End SUMMARY.

GOI LETTER A FIRST STEP


2. (C) On November 20, Arti Hilpus, MFA Director for
International Security Policy and Jaano Vija, MOD Chief
Expert for International Operations told Pol/Econ Chief and
ARMA that the Estonian Cabinet had approved draft
legislation extending Estonia's mission in Iraq on the
basis of the GOI's preliminary invitation letter. The
Parliament will begin debating the legislation in early
December. However, Hilpus noted, even if the parliament
approves the legislation, deployment of the next rotation
of Estonian forces to Iraq is legally contingent on the GOI
sending a second letter with specifics on the legal status
of Estonian troops after December 31, 2008. (Alternately,
MOD/MFA told us, Estonian troops could deploy on the basis
of a UNSCR, but they realize this is unlikely. End NOTE.)
The Estonian platoon currently deployed in Iraq (ESTPLA-17)
is scheduled to rotate out in late December. MOD/MFA made
clear that the GOE will not deploy the ESTPLA-18 (which has
completed the necessary training and is technically ready
to go),without clarification from the GOI on what their
legal status in Iraq will be.


3. (C) MOD/MFA acknowledged that it is unlikely that the
GOE and GOI will complete negotiations of a bilateral SOFA
by the end of the year (NOTE: These negotiations have not
begun. End NOTE.) Absent a completed SOFA, the next GOI
letter to the GOE needs to provide specifics on an interim
legal status for Estonian troops. This could be, for
example, written confirmation that Coalition Provisional
Authority (CPA) Order 17 will apply until such time as a
bilateral Estonia-Iraq SOFA is concluded. Hilpus and Vija
also noted that - in order to meet Estonia's own political
requirements - it must be either PM Maliki or the Iraqi
Foreign Minister who signs the next letter to Estonian PM
Ansip. (Note: Estonia does not have a position equivalent
to the Iraqi National Security Advisor (NSA),who signed
the first letter. End NOTE.)

WHAT DOES NON-COMBAT MEAN?


4. (C) Hilpus and Vija had many questions related to the
use of the term "non-combat" role in the GOI letter. They
asked what this meQfor the future of Estonia's mission
in Iraq. What are the consequences for rules of
engagement, rights and privileges, Hilpus asked. The GOE
views the current activities of Estonian troops in Iraq
(patrols, convoys and detainees) as "non-combat." Does the
GOI see it the same way, Vija asked us? The MFA/MOD noted
specifically their concern that without a clear definition,
it is possible that an Estonian soldier could so something
that is considered combat (instead of non-combat),which
could lead to a lack of legal protection for that
individual. The MFA/MOD is also interested in how the USG
views Estonian longer-term participation in Iraq. Do we
see Estonian troops departing permanently in the summer of
2009?


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ESTONIA READY TO BEGIN DISCUSSION OF SOFA


5. (C) Hilpus and Vija stressed the GOE's interest in
preparing for negotiations with the GOI on a bilateral
SOFA. The GOE is currently reviewing the text of the US-
Iraq SOFA line by line. Hilpus asked Emboffs to provide
the name and contact information of a POC in Washington the
GOE could contact with technical questions on the SOFA.
Vija also provided us with an internal working-level draft
set of questions Estonian officials have on the SOFA text
(Ref B email to EUR/NB). Vija pointed out that there are
many items referenced in the US-Iraq SOFA on which Estonia
would like to piggy back. For example, the SOFA refers to
USG participation in several committees. Would it be
possible for the USG to represent Estonia on these
committees? Also, noting the US-Iraq SOFA confers
significant rights exclusively for US forces, Hilpus said
the GOE is interested in having these conditions apply to
Estonian forces as well.


6. (C) Hilpus and Vija also asked for USG assistance in
identifying an appropriate POC within the GOI for Estonia-
Iraq SOFA discussions. As Estonia does not have an Embassy
in Baghdad, the MFA had already approached the Iraqi
Embassy in Helsinki with this question. However, Iraqi
officials there could not answer any questions about SOFA
negotiations. Vija will accompany the Chairman of the
Estonian Parliament's National Defense Committee (Mati
Raidma) and three other MPs on a trip to Iraq next week
(Nov 25-27). The MPs are planning to meet with MNF-I and
NTM-I officials. They have also requested, but have not
been able to secure a meeting with the Chair of the Iraqi
Parliament's Defense Committee.

Phillips