PROPOSED NATIONAL SECURITY LAW HARKS BACK TO

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 001982

SIPDIS

E.O. 12958: DECL: 07/20/2019
TAGS: PGOV PTER PREL
SUBJECT: PROPOSED NATIONAL SECURITY LAW HARKS BACK TO
DARKER DAYS

Classified By: Charge d'Affaires Robert Ford for reasons 1.4 (b) and (d
).


1. (C) SUMMARY: The Iraqi Council of Representatives (CoR)
has begun consideration of a draft law on the Ministry of
State for National Security Affairs (MSNSA) which would be
charged with counter-terrorism, counter-intelligence,
fighting organized crimes, border protection, and monitoring
groups hostile to the State. The draft law, which has had
only its first reading in Parliament, has problematic
elements such as a lack of oversight of the Ministry by any
Iraqi governing institution except the Prime Minister,s
office. According to this first text, the Ministry would
pursue undefined "political crimes," and track the activities
of political parties, NGOs, foreign companies and apparently
religious figures. The text may well be changed given the
fluidity of Iraqi thinking now about the country's future
security apparatus architecture. However, the draft law also
shows signs that some Iraqi leaders are reverting to old,
pre-2003 liberation norms of thinking about Iraqi
intelligence agencies. END SUMMARY.

Background
--------------


2. (SBU) On July 11, 2009 the CoR held the first reading for
the draft law on the MSNSA. Originally submitted in 2006,
the draft languished until controversies surrounding the
possible dissolution of the CPA-era National Security Council
and removal of National Security Advisor Mowaffuq al Rubaie
raised it again. Some MPs thought the principle of a
coordinating agency was a good idea, and the CoR offered a
"Proposed Law on the National Security Council," which would
have created a limited coordinating body. Drafted by members
of the former Prime Minister Ayad Allawi's Iraqi National
List (Iraqiyya) and signed by a diverse group of MPs that
included Sadrists, Dawa Tanzim and Tawafuq members, the CoR's
NSC proposal led to the Cabinet's resurrection of the MSNSA,
according to a statement by Minister of State Safa al-Safi to
the COR earlier this month.

The Organization
--------------


3. (SBU) The MSNSA is directed by a Minister, who reports
directly to the Prime Minister as the Commander-in-Chief of
the Armed Forces. As outlined in the draft law, the MSNSA
would be charged with counter-terrorism, stopping terrorist
financing, weapons and narcotics interdiction,
counter-intelligence, fighting organized crimes, border
protection, and "monitoring groups that are hostile to the
State." It also would create a central security database to
collect and analyze information. While it would play a
coordinating role among different security ministries, it
would have six directorates and 16 departments divided into
numerous sections. (Comment: Ministries of State usually have
only a dozen staff and small office space. End Comment.)

Areas of Concern
--------------


4. (SBU) The draft law does not provide any procedures to
ensure that human rights and liberties guaranteed by the
constitution are protected. The draft law does not provide
for any heightened or subject-matter specific oversight from
the CoR, although the CoR has constitutional authority to
confirm and question the minister. The draft law also does
not state that the ministry would be under civilian control,
as required of the Iraqi armed forces and security services
under Article 9(A) of the Constitution.


5. (SBU) There are other problematic elements in the draft
law. Article 3 (Eighth) of the draft law charges the MSNSA
with the "pursuit of political crimes," but does not define
this term. Article 3 (Ninth) charges the ministry with
"encouraging citizens' cooperation with security agencies"
Q"encouraging citizens' cooperation with security agencies"
and "monitoring media outlets that incite to terrorism and
crime." Among the various "departments" is a Political
Security Department, which includes subsections for
"monitoring political parties and movements, foreign
companies, civil society organizations, and international
organizations." The Anti-Terrorism Department also includes
a "Religious Affairs Section."

Comment:
--------------


6. (C) The draft MSNSA law has had only one reading, and it
may well move slowly through the CoR, whose work pace is
often glacial. If the law moves forward, the debate during
the second reading period will offer better insights into
Iraqi attitudes about the problematic portions of the text.

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The fact that an unusual coalition of Iraqiyya, Dawa Tanzim,
Sadrists, and Tawafuq seek a more limited coordinating body
shows the disagreement among Iraqi political leaders about
what a security apparatus should look like. Indeed, there are
currently five draft laws floating around the CoR that would
form three "national security" organs. (The third agency for
which there is a draft law is the Counter-Terrorism Bureau.)
We see a great deal of fluidity in the thinking about how to
structure Iraq's future intelligence architecture as well as
signs of reversion to old, pre-liberation norms of Iraqi
thinking about what intelligence agencies should do.
FORD