U/S BURNS, AND U/S FLOURNOY'S MEETING WITH IRAQI

UNCLAS SECTION 01 OF 02 BAGHDAD 001333

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL IZ
SUBJECT: U/S BURNS, AND U/S FLOURNOY'S MEETING WITH IRAQI
COUNCIL OF REPRESENTATIVES SPEAKER AYAD AL-SAMARRAIE


1. (U) Summary: In a May 12 meeting with DOS U/S Bill Burns
and DOD U/S Michele Flournoy, Iraqi Council of
Representatives (CoR) Speaker Al-Samarraie said he saw
US-Iraqi relations as a two-stage process: the past and the
future, with the SFA linking the two. Looking forward rather
than backward, Al-Samarraie wants to establish a protocol for
U.S assistance to the CoR. On badly needed investment
legislation, Al-Samarraie said that the two issues must be
addressed: fixing the outdated legislation currently on the
books and finding a way delink the new legislation from other
political issues. On the prospects of a hydrocarbons law, he
said that several issues need to be solved before a
hydrocarbons law could be passed. The elections law will
likely entail amending the existing law and deciding between
an open list and a closed list. The CoR will address
legislation dealing with amendments to the Constitution and
political reform and will also exercise its Executive
oversight in a regular and responsible manner. On
reconciliation, the performance of the police had improved,
but that of the army had worsened in the past two years.
Al-Samarraie's adviser suggested that the problems lay with
the Prime Minister, who has politicized the Office of the
Commander-in-Chief. End Summary.

Two-Stage Bilateral Relationship
--------------

2 . (U) In a May 12 meeting at his residence, Iraqi Council
of Representatives (CoR) Speaker Ayad al-Samarraie welcomed
DOS U/S Bill Burns and DOD U/S Michele Flournoy, noting that
he was pleased to have an opportunity to discuss Iraqi issues
with representatives of the new Administration. U/S Burns
said the delegation had traveled to Iraq to reiterate the
U.S. commitment to helping Iraq build strong democratic
institutions, strong capacity and to establish its place in
the international community. U/S Flournoy said that the U.S.
was committed to the Security Agreements in order to help
Iraq become self-reliant and to integrate into the region.



3. (U) Speaker Al-Samarraie said he sees the Strategic
Framework Agreement (SFA) as the bridging mechanism between
the past and the future of the U.S.-Iraq relationship.
Al-Samarraie acknowledged that over the past five or six
years some things have not been accomplished perfectly, and
that "we" (Iraqis) had objections as to how to proceed. But
now, everything is more democratic and transparent and "we"
are adjusting our own behavior. Al-Samarraie also asserted
that sectarianism is less of an issue now.


4. (U) But, Al-Samarraie said, the future is even more
important than the SFA, which will end by 2011. It is a
future that will open for Iraqis a world beyond security
issues. The future depends on the cooperation outlined in
the SFA, rather than the security provisions worked out in
the Security Agreements. As part of his plan for the future,
Al-Samarraie said that he wants to coordinate U.S. assistance
to the CoR via a protocol. He said the CoR had already
developed a draft agreement with USAID.

Investment, Hydrocarbons and Elections Laws
--------------


5. (U) Turning to the economy, U/S Flournoy said that during
her conversations with U.S. companies, they expressed a
desire to see a regulatory framework in place prior to
investing in Iraq. Al-Samarraie acknowledged the need for
investment legislation and the maddening obstacles presented
by current legislation, a product of an era in which the free
market did not exist in Iraq. Those antiquated laws
contradict what the government wants to do every day and need
Qcontradict what the government wants to do every day and need
updating. Al-Samarraie said that even if he simply wanted to
buy a piece of land for business, the process is complicated
and difficult.


6. (U) U/S Burns asked about the status of the hydrocarbons
law. Al-Samarraie said there is an old draft law and a new
draft law. The government had written to the CoR asking
about the status of its work on the law, but had not
specified whether they were inquiring about the old or new
draft. The Oil and Gas Committee is trying to sort out the
problem. But, he said, even after the question of which law
is to be considered was clarified, obstacles to the passage
of a hydrocarbons law remain. The rights of regions to have
contracts is "very cloudy" in the draft law. And even if
sharing of production is accepted by all sides, there would
need to be agreement on what constitutes "existing fields,
new fields and yet-to-be explored fields." He concluded that
the reaching of an agreement would be an achievement.


7. (U) On an elections law, Al-Samarraie said that the CoR
would likely amend the existing law. The key issues are how

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to ensure a minimum number of seats for women and whether to
have an open list or a closed list. Al-Samarraie said that
the other key legislative goals this term would include
amendments to the Constitution and legislation in response to
the political reform resolution passed along with the
ratification of the SOFA and SFA agreements.

Oversight
--------------


8. (U) Al-Samarraie said that he sees the CoR's other
important undertaking this session to be the exercise of its
oversight responsibilities. CoR members want a number of
Ministers to appear before the CoR. One was scheduled to be
questioned this week; others would come just for
informational purposes. Al-Samarraie had counseled CoR
members not to simply demand that Ministers come to the CoR
for questioning, but to proceed step-by-step, demanding that
Ministers appear for questioning only if they have not been
satisfied by other means.

Reconciliation, Withdrawal
--------------


9. (U) On reconciliation, Al-Samarraie said that the process
is not moving according to the agreements that have been
reached. The security forces are a concern: the Sons of Iraq
(SoI) are being arrested and not being paid. While Samarraie
said the Iraqi Police had been gradually regaining public
trust, the Iraqi Army was losing some of that same trust.
This is due to concerns that the military has been
politicized through Maliki's penchant for replacing senior
commanders with officers he personally knows and trusts, as
well as forming ad-hoc command arrangements (such as the
Office of the Commander-in-Chief) which circumvent the MoI
and MoD chain of command. Samarraie also said that some CoR
members had complained about their treatment at the hands of
Iraqi Army soldiers, while reports of Iraqi Police abusive
behavior had generally declined.


10. (U) Both Al-Samarraie and his adviser Saif al-Din Abdul
Rahman lay the blame on the hierarchical structure of the
Office of the Commander-in-Chief and Prime Minister Maliki's
politicization of that institution. Al-Samarraie said it is
his understanding that neither the Minister of Defense nor
the Minister of the Interior had the authority to decide
anything without the approval of the Prime Minister (who is
also the Commander-in-Chief). U/S Flournoy said that the
U.S. has developed laws over time that define the chain of
command. Al-Samarraie commented that American experts, often
feeling they should not interfere in Iraqi politics, provided
hints rather than suggestions. But perhaps it is suggestions
that are needed. For instance, there should be a law to
define the powers of the Commander-in-Chief. But people here
do not know what to do. To such suggestions some would say,
"No, he is the Commander-in-Chief and his power is absolute."


11. (U) Asked about Iraq's comfort level with the U.S. troop
withdrawal, Al-Samarraie said that he was not informed about
the movement of the army. But the situation seems to be
acceptable. Concluding his remarks, Al-Samarraie said that
Iraq wants strong democratic institutions and a respect for
law. He said the door should be opened to those who want to
participate in the reconciliation process. Some say they
have committed crimes. Others say they should be given hope.
Between revenge and hope, Al-Samarraie said, he believes in
hope. "Some say they are not ready to forgive, but it is
better for Iraq to learn to look to the future."


12. (U) U/S Burns and USD/P Flournoy have cleared this
cable.
HILL