KURDS DISMISS USG CONCERNS ABOUT KURDISH

C O N F I D E N T I A L BAGHDAD 001799

SIPDIS

E.O. 12958: DECL: 07/05/2019
TAGS: PREL PGOV KDEM PHUM IZ
SUBJECT: KURDS DISMISS USG CONCERNS ABOUT KURDISH
CONSTITUTION

Classified By: Acting Political Counselor Peter Vrooman for reason 1.4
(b).


1. (C) SUMMARY: The Embassy and RRT Erbil have met with
Kurdish COR members and Kurdistan Regional Government (KRG)
officials to express serious concern about politically
inflammatory provisions in the recently passed Kurdish
Constitution and the KRG's apparent rush to submit it to a
public referendum on July 25. Most seem oblivious to the
growing, critical reaction from Iraqi parties (septel),and
appear unconcerned with the political or legal ramifications
of the new Kurdish Constitution. END SUMMARY.


2. (C) We have spoken to Feriad Rowanduzi, a senior Kurdish
member of the Iraqi Council of Representatives (COR); Adnan
Mufti, Speaker of the Iraqi Kurdistani Parliament (IKP); Dr.
Fuad Hussein, Chief of Staff to KRG President Barzani; Iraqi
COR member Fuad Massuum; Falah Mustafa, PUK Politburo member;
Aram Yarwessi, Political Advisor to GOI President Talabani;
and GOI Deputy Prime Minister Barham Salih.


3. (C) In our meetings, we flagged concerns about provisions
in the Kurdish Constitution that could contradict the Iraqi
Constitution, or, at the very least, make Arab-Kurd
negotiations on disputed territories, hydrocarbons, and other
federal issues in Iraq more contentious. We said:

-- The Kurdish Constitution strikes at the heart of many
unresolved political issues.
-- Article 2 of the Constitution defines the KRG as
including territories from Ninewa, Kirkuk, and Diyala that
are disputed.
-- This prejudges the result of the Iraqi Constitution's
Article 140 process, and could undermine Iraqi support for
resolving the Disputed Internal Boundaries (DIBs) issue.
-- The Constitution empowers KRG authorities to manage
hydrocarbon exploration, production, and other related
activities.
-- This could be interpreted to mean that the KRG will
export and sell its own oil and gas, which may conflict with
the provisions of the Iraqi Constitution and could complicate
negotiations over the Hydrocarbons Framework Law of 2007.


4. (C) Kurdish leaders almost uniformly responded to our
points with the following party line:

-- We do not believe the Kurdish Constitution contradicts
the Iraqi Constitution.
-- The media's spin on the DIBs issue is facile: Article 2
(a) outlines the "geographical and historical" region of
Kurdistan, but the actual political boundaries of the KRG
will be determined by the implementation of the Article 140
process of the Iraqi Constitution, as specified in Article 2
(b) of the Kurdish Constitution.
-- Any contradictions that do exist can be changed later, if
necessary, should the Iraqi Supreme Court so decide.
-- PM Maliki has not spoken out publicly against the Kurdish
Constitution; those who have are "the usual suspects" (i.e.,
politicians with an anti-Kurd agenda).

(NOTE: Iraqi Chief Justice Medhat told Embassy Rule of Law
team that conflicts between the KRG and GOI Constitutions
could be settled in the Iraqi Supreme Court. We would not
welcome this. END NOTE).


5. (C) The Kurds are sensitive to criticism of the Kurdish
Constitution. Hussein took umbrage at an e-mail he received
from UNAMI's Acting Special Representative of the Secretary
General (A/SRSG) Gilmour that objected to the Constitution's
"annexing of Kirkuk." He stated that "the UN is no longer
serving as a neutral adviser, they are taking sides, they are
not helpful." In an interview with the Kurdish Payanmir News
Agency, Kurdish COR member Mahmoud Othman railed against
Arabs who have complained about the territorial claims in the
KRG Constitution, likening the Kurds to Palestinians.
QKRG Constitution, likening the Kurds to Palestinians.


6. (C) COMMENT: From our initial soundings, there appears
to be a political imperative from the highest levels of the
KDP to pass this Constitution on July 25. Da'wa spokesman
Haidar Al Abadi explained the PM's silence by saying that
Da'wa and Maliki have purposefully refrained from speaking
publicly on the issue, but told us the PM is very concerned.
Post will report on emerging Iraqi political opposition to
the Kurdish Constitution septel. END COMMENT.
HILL