PARLIAMENTARY ELECTION LAW: MOVING FORWARD

C O N F I D E N T I A L BAGHDAD 001823 SIPDIS E.O. 12958: DECL: 07/06/2019 TAGS: PGOV IZ KDEM SUBJECT: PARLIAMENTARY ELECTION LAW: MOVING FORWARD REF: BAGHDAD 1743 Classified By: Acting Political Counselor Peter Vrooman for reason 1.4 (d). ¶1. (C) The ad hoc parliamentary elections committee (reftel) produced a draft election law for the January 2010 national elections on July 6. The ad hoc committee is currently seeking input and reaction to the draft, including from the Embassy-funded CLA/University of Utah elections experts that have been providing technical legislative drafting assistance to the committee and others in Parliament. Acting Speaker Attiya announced from the podium on July 7 that the committee had submitted a draft with options on several issues. He said that Parliament's Presidency Council would review the draft then present it to the plenary on July 9 for its first reading. Attiya said it would be the first item on the agenda. ¶2. (C) The ad hoc committee's draft is based on the 2005 Elections Law with "options" built into the text to indicate where MPs will need to make decisions and come to consensus. Key "options" within the draft law include: determination of how many seats there will be in the new parliament; whether the election shall treat Iraq as a single district or multiple electoral districts; whether the election will be held under an open or a closed list system; and how women's representation will be defined. A final provision in the draft law stipulates that should the national elections be postponed, the current parliament will continue until an election can be held. ¶3. (C) The draft does not yet include provisions for out of country voting or internally displaced persons (IDPs). However, the ad hoc committee agreed to use the definition of IDP voters used in the 2008 Provincial Election Law to guide parliament as it develops these provisions. (Note: In the 2008 law, a displaced voter is defined as "An Iraqi who has been forcefully displaced from his permanent place of residence to another place within Iraq after 9 April 2003, for any reason." End note.) We understand that modalities for minority representation are also a work in progress and can be added to the draft after subsequent readings. ¶4. (C) In a discussion with Poloff on July 6, IIP/Tawafuk MP (and ad hoc committee member) Salim Al-Jabouri confirmed what we had heard from others about the ad hoc committee's plans to submit the draft for plenary consideration by the end of the week, and predicted that parliament would pass a new elections law by the end of the month. Parliament's normal schedule has the legislature in session this week, off next, and back in session the week of the 21st. Al-Jabouri suggested that parliament may choose to adjust its schedule to accommodate passage of the law and the July 25 KRG elections by meeting this week and next before taking off the week of the 21st. Discussions on the floor of parliament on July 7 included whether to add additional days between now and the end of July, with most comments supporting this proposition. Acting Speaker Attiya, while not stating so explicitly, hinted strongly that there would be additional sessions added if necessary. Several Kurds volunteered from the floor that they would be present for any vote, even if it happened on July 25. ¶5. (C) Comment: If the twists and turns of the passage of the Provincial Elections Law last summer are any indication, the process of gaining political consensus on key issues such as an open/closed list system and constituency modalities will be messy and scratchy. This process is poised to begin. That we are hearing from several sources that MPs want to pass the law by the end of July/beginning of August is Qpass the law by the end of July/beginning of August is positive and may be an indicator of serious parliamentary intention to at least try to pass the election law soon. HILL