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