ANTI-CORRUPTION CONSULTATIONS IN KURDISTAN

C O N F I D E N T I A L SECTION 01 OF 05 BAGHDAD 002760 SIPDIS E.O. 12958: DECL: 10/09/2019 TAGS: PGOV KCOR KDEM IZ SUBJECT: ANTI-CORRUPTION CONSULTATIONS IN KURDISTAN REF: A. 08 BAGHDAD 2731 ¶B. BAGHDAD 1039 ¶C. BAGHDAD 2313 ¶D. BAGHDAD 2659 Classified By: ACCO JOSEPH STAFFORD, REASON 1.4 (B AND D) SUMMARY -------------- ¶1. (C) During October 7-8 visit to Erbil, Anti-Corruption Coordinator and staff (ACCO),joined by Regional Reconstruction Team (RRT) Erbil officers, met with various Kurdistan Regional Government (KRG) officials, parliamentarians, and civil society reps. Incoming KRG Prime Minister Barham Salih acknowledged that corruption was "deeply imbedded" in the KRG political system dominated by the Kurdish Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK). At the same time, he professed his commitment to development of a strong anti-corruption regime and spoke of restructuring the Justice Ministry along U.S. lines, i.e., having the Minister function as Attorney General. Civil Society Minister George Mansour confided that the KRG leadership needed to do more to bring corruption under control and provide greater transparency vis-a-vis its actions. The Justice Ministry's recently-established Committee on Initiating Public Interest Cases (CIPIC), designed to serve as clearing-house for corruption cases, is hard pressed to fulfill its mission, as it consists of only five members, with no support staff. Parliamentary Speaker Kamal Kirkuki said that a draft omnibus anti-corruption law had been completed and that the new parliament would feature a committee focused on corruption issues, with opposition deputies among its members. Opposition Change party deputies asserted that corruption was rife throughout KRG institutions and complained that numerous public employees had been dismissed for supporting the party in the July elections. ¶2. (C) KRG official and Price Waterhouse Coopers (PWC) reps said the next step in the long-term PWC governance project is establishment of KRG's "Executive Office of Governance and Integrity." NGO reps characterized the Kurdistan Region's (KR) NGO community as of mixed quality and alleged that some, particularly those receiving KRG subsidies, were themselves involved in corruption. However, a NGO rep from Sulaymaniyah described her organization's active anti-corruption program. KRG officials downplayed the recent controversy over the Natural Resources Minister's purchase of shares in a Norwegian oil firm operating in the KR. Our interlocutors expressed eagerness for expanded cooperation with the USG on anti-corruption. ACCO extends its deepest thanks to RRT Erbil for its excellent support of the visit. END SUMMARY. OVERVIEW: CORRUPTION IN KURDISTAN -------------- 3.(C) On October 7-8, Anti-Corruption Coordinator and staff (ACCO) visited Erbil, capital of the Kurdistan region (KR), for consultations with government officials and others on anti-corruption efforts. By all accounts, the KR, while enjoying a degree of security, public order, and overall normalcy markedly greater than elsewhere in Iraq, is nonetheless plagued by widespread corruption, linked in large part to the two ruling parties, the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK). There is widespread agreement that these parties preside over a Kurdistan Regional Government (KRG) apparatus that serves them as a source of funding and patronage. As reported in Refs A and B, the KDP and PUK are widely regarded as involved in KR's commercial activities through front companies. To be sure, corruption is a major problem for the entire country, but the KR has earned unfavorable publicity of late because of this scourge. Indicative of the fallout internationally, Qof this scourge. Indicative of the fallout internationally, a September 25 Reuters piece, reporting a KRG minister's controversial purchase of shares in a Norwegian oil company operating in the KRG (see para 12),spoke of "widespread graft" in the KR that could "threaten investment and growth" in the region. OUR INTERLOCUTORS ACKNOWLEDGE THE PROBLEM -------------- ¶4. (C) ACCO, joined by Regional Reconstruction Team (RRT) Erbil officers, met separately with incoming KRG Prime Minister Barham Salih, KRG Minister of Civil Society George Mansour, KR Parliamentary Speaker Kamal Kirkuki, Adviser to the Prime Minister Nisar Talabany, accompanied by representatives of the U.S. firm, Price Waterhouse Coopers (PWC),KRG Judicial Committee, various non-governmental organizations (NGOs),and parliamentarians with the opposition Change party. All acknowledged the KRG's corruption problem, although PM Salih asserted that the BAGHDAD 00002760 002 OF 005 "public perception" of the extent of corruption in the KRG was "somewhat exaggerated." The NGO reps and the opposition Change parliamentarians were the most vociferous of our interlocutors in asserting the extent of official corruption in the KR -- and in criticizing the KRG for inadequate anti-corruption efforts. While KRG officials maintained that the level of corruption in the KR was lower than in the rest of Iraq, they, along with our other contacts, noted that there was a lack of data to make a clear assessment of the respective levels. PM SALIH: COMMITMENT TO A STRONG ANTI-CORRUPTION REGIME -------------- -------------- ¶5. (C) The recently appointed KRG PM and former GOI Deputy PM Salih (PUK),currently forming his government following the July KR parliamentary elections, professed his commitment to the development of a strong institutional framework to combat corruption. (NOTE: The Baghdad-based national anti-corruption institutions, Commission on Integrity (COI),Inspectors General (IG),and Board of Supreme Audit (BSA),do not operate in the KR. While, per Ref B, the KR has established various commissions to deal with corruption issues and a BSA, they are not independent, but part of the KRG executive branch, and the extent of their actual activities is uncertain. END NOTE) Salih indicated plans to work with the KR parliament to establish a COI (independent of the national, Baghdad-based COI) and to strengthen the KRG Justice Ministry's role in combating corruption and other crimes by reorganizing it along U.S. lines, i.e., with the Minister functioning as Attorney General. Alluding to the KRG's "good governance and transparency strategy" unveiled in July (Ref C),PM Salih said he would appoint a well-qualified, respected jurist to head the KRG "Executive Office of Governance and Integrity" to be established under the strategy. He admitted that tackling the "deeply imbedded" corruption in the KDP/PUK-dominated KRG would not be easy, but observed that the presence of the opposition Change party in the new KR parliament would reduce the two ruling parties' dominance of the KRG -- and, he implied, their ability to exploit that dominance for corrupt purposes. Salih expressed readiness to cooperate with Baghdad on corruption issues, saying he knew and respected COI head Judge Raheem Al-Ugaili and BSA head Abdel Basit Turki. CIVIL SOCIETY MINISTER: CALL FOR "TOP-DOWN" EFFORT -------------- -------------- ¶6. (C) Minister George Mansour (KDP),a member of outgoing KRG Prime Minister Nechirvan Barzani's government, confided that the KRG leadership should do more to bring corruption under control, saying a "top-down" effort was required that would involve, inter alia, strengthening the relevant legislative framework and establishing independent anti-corruption institutions similar to those at the national level. He argued that what he claimed was the expanding freedom enjoyed by the media in the KR contributed to anti-corruption efforts in terms of making citizens aware of abuses, but added that the KRG itself needed to provide greater transparency in its actions. Mansour was downbeat on NGOs' role in anti-corruption efforts, saying some were themselves engaged in corrupt practices, particularly those receiving subsidies from the KRG. He called for new NGO-related legislation that would, inter alia, reform the subsidy system and remove the requirement that NGOs register with the KRG Interior Ministry. (COMMENT: The lack of enthusiasm that Mansour conveyed over the KRG's performance Qenthusiasm that Mansour conveyed over the KRG's performance on anti-corruption and over NGOs' contribution may be due at least in part to discontent over his uncertain future in the KRG. He professed ignorance as to whether he would be kept on in Barham Salih's new government, stating that, if not, he was more than ready, as a dual Iraqi/Canadian citizen, to return straightaway to Canada, where his family currently resides. END COMMENT) THE COMMITTEE ON INITIATING PUBLIC INTEREST CASES (CIPIC) -------------- -------------- ¶7. (C) Committee members portrayed CIPIC, a five-member body composed of public prosecutors established several months ago, as the Justice Ministry's clearing-house for corruption cases. They explained that the Committee, on receipt of allegations of corruption from regional or provincial government offices, citizens, or other sources, reviewed them and, if deemed credible, forwarded them to the competent judicial authorities for further investigation and prosecution. We were told that to date, the Committee had reviewed "13 or 14" reports of corruption and had referred all to the KR judiciary. While Committee members spoke of plans to undertake a new initiative -- an anti-corruption public awareness campaign -- they also indicated that they were hard-pressed to manage their existing workload as they BAGHDAD 00002760 003 OF 005 had no staff to assist them. Asked about ways of strengthening the KRG's anti-corruption regime, they cited, inter alia, the need for legislation to encourage and protect whistle-blowers. (COMMENT: While CIPIC members bravely defended their performance to date, it is hard to imagine this body emerging as a major player in anti-corruption efforts unless the KRG devotes substantially greater resources to it. END COMMENT) PARLIAMENTARY SPEAKER: NEW LAW IN THE WORKS -------------- ¶8. (C) Speaker Kamal Kirkuki (PUK) touted his anti-corruption credentials, saying that work had now been completed on a omnibus anti-corruption bill and that he would press the newly elected parliament to give it prompt attention. He provided a copy of the text. (NOTE: A report on the bill follows via septel. END NOTE) According to Kirkuki, the incoming parliament will feature, among its new committees, one dealing specifically with corruption issues, i.e., a KR counterpart to the Council of Representatives (COR) Integrity Committee in Baghdad. He volunteered that the opposition Change party would be duly represented in all parliamentary committees, including that dealing with corruption. When asked about prospects for cooperation with the COR on corruption matters, Kirkuki demurred and then launched into an attack on the GOI for what he saw as its disregard of KRG concerns. In this regard, he cited, inter alia, the GOI's delay in remitting to the KRG its share of the national budget, its postponement of the national census despite the pressing need for it in light of growth in the Kurdish population, its claim (patently false, in his view) of an additional 1.6 million non-Kurdish residents in Mosul, and its failure to give scholarships to KR students. (COMMENT: Swipes at the GOI were rare in our discussions, confined largely to the Speaker's litany of complaints. END COMMENT) OPPOSITION PARLIAMENTARIANS -------------- ¶9. (C) The opposition Change party MP's, Kardo Mohammed Pirdawd, Karwan Salih, and Payman Abdulkarim, asserted that corruption was rife throughout the KRG and that "many Kurds" viewed the KDP/PUK as "the government itself, not just a coalition of political parties." To drive home the point, they noted that numerous public employees (military personnel, teachers, municipal workers, etc.) were dismissed from their jobs or forced to transfer to other job sites, away from their families, in retaliation for actual or suspected support for Change party candidates during the KR elections in July. They acknowledged that some employees backing the KDP/PUK were also fired or transferred, but insisted that many more Change party backers were so penalized. The MP's went on to state that the polling itself was marred by fraud and other corrupt practices. The MP's vowed to use their presence in the new KR parliament to press for greater scrutiny of the executive branch and stronger performance by the latter on the anti-corruption front. PWC'S GOVERNANCE PROJECT -------------- ¶10. (C) The consultations included a meeting and dinner discussion with Nisar Talabani, the Prime Minister's action officer for the KRG governance project being implemented by PWC, along with PWC reps David Jansen and Glenn Ware. Talabani and PWC reps stated that, following the preparation of the PWC's governance assessment and the KRG's subsequent issuance of its "Good Governance and Transparency Strategy," the next step was the establishment of the KRG's "Executive Office of Governance and Integrity." They gave no timeframe QOffice of Governance and Integrity." They gave no timeframe for the office's establishment and stressed that the overall project remains in the early stages of implementation and will take years to complete. (COMMENT: Judging from the project's executive summary, it is indeed a long-term endeavor; the diagram outlining different phases of the project lists "procurement reform," for example, as a mid-term task, while "preparation of a stolen asset recovery plan" is slated for the final stage of overall project implementation. Our information on the PWC project remains limited, as Talabani and the PWC reps continue to play their cards close to their vest. They sidestepped our queries about nuts-and-bolts details of project implementation, and the PWC governance assessment completed last summer has yet to be released to the public -- and to us. END COMMENT) The PWC reps added that the firm will soon establish a permanent office in Erbil. THE NGO COMMUNITY -------------- ¶11. (C) A RRT Erbil-supported NGO, the International BAGHDAD 00002760 004 OF 005 Negotiation and Strategic Studies Institute (INI),organized our meeting with various NGO reps. They characterized the regional NGO community as of mixed quality, saying some were viable, particularly those backed by foreign donors, while others were less so and managed to stay afloat only due to KRG handouts. Echoing Civil Society Minister Mansour, they asserted that some organizations receiving funds from the KRG were themselves corrupt. At the same time, the NGO reps remarked that NGO's were sometimes compelled to engage in corruption by, for example, paying bribes to secure registration with the Interior Ministry. They said overall involvement of KR NGOs in anti-corruption efforts was limited, in part due to lack of cooperation by regional authorities. At the same time, a NGO representative from the KR's Sulaymaniyah province indicated that her organization had an active anti-corruption program, e.g., conducting public outreach events, approaching provincial authorities on corruption issues, etc. (COMMENT: Sulaymaniyah is regarded by some as having a more open and tolerant environment than the KR's other two provinces, Erbil and Dohuk. The opposition Change party has its strongest base in Sulaymaniyah. END COMMENT) KRG MINISTER'S INVOLVEMENT WITH NORWEGIAN OIL COMPANY -------------- -------------- ¶12. (C) We raised with several interlocutors the controversy, reported in Ref D, over the Oslo Stock Exchange's recent disclosure of KRG Minister of Natural Resources Ashti Hawrami's 2008 purchase of $35 million in shares of a Norwegian oil company, DNO International, operating in the KRG (NOTE: Following Hawrami's purchase, the shares were reportedly transferred to DNO's partner in the Kurdish operation, Turkish firm Genel Enerji. END NOTE) We noted outgoing PM Barzani's press statement in which he denied any wrongdoing by Hawrami or the KRG but added that he would ask the KRG parliament to establish a committee to investigate the episode. (NOTE: Per Ref D, a member of the COR has also called for an investigation. END NOTE) Incoming PM Salih told us that he could not as yet give a reaction, as he needed to get the facts and would ask Hawrami to brief him as soon as the latter returned from the UK. Minister Mansour characterized Hawrami as "not a stupid man" and expressed doubt that he would involve himself in any improper transaction that would leave him vulnerable to accusations of corruption. Speaker Kirkuki also brushed aside the story, saying that the western media had "blown it out of proportion" and that "I have faith in Hawrami." (COMMENT: Our interlocutors' reluctance to give much of a reaction to the episode is perhaps not surprising, and it is now out of the public spotlight. Nonetheless, possible investigations by the COR or KR parliament, or both, raise the prospect of renewed controversy over the matter in the future. END COMMENT) EAGERNESS FOR USG ASSISTANCE -------------- ¶13. (U) Our interlocutors expressed eagerness for expanded cooperation with the USG in areas linked to anti-corruption efforts. (NOTE: At present, USG-supported projects related to anti-corruption in the KR consist largely of ACCO's support of two UNDP projects, one involving, inter alia, promoting transparency in the KRG's budget execution process, and the other a capacity-building effort aimed at provincial-level officials. END NOTE) PM Salih mentioned, inter alia, capacity-building assistance to KRG institutions generally in areas ranging from procurement to rule of law to financial management. Minister Mansour said the KRG needed assistance Qmanagement. Minister Mansour said the KRG needed assistance in developing an effective public outreach program, while Speaker Kirkuki and the Change MP's sought help for the KR parliament in preparing legislation to fill gaps in the current legislative framework. The NGO community requested training in such areas as identification of corrupt practices and lobbying government officials on behalf of anti-corruption initiatives. We responded that, while we were not presently in a position to make commitments, we would keep their requests in mind and look for opportunities to be helpful. (NOTE: ACCO plans to work up a new KR-focused project proposal. END NOTE) CONCLUDING COMMENT -------------- ¶14. (SBU) The visit served as a useful opportunity to get the KRG's thinking on the anti-corruption dossier at a time of transition, with incoming PM Salih forming his government and a new parliament establishing itself. PM Salih conveyed a clear sense of commitment to reducing corruption, but also made clear his recognition that success in tackling abuses would require a stronger institutional framework. Speaker Kirkuki indicated a willingness to push the new parliament to enact the omnibus anti-corruption law that would serve as the legal foundation for the reformed anti-corruption regime BAGHDAD 00002760 005 OF 005 sought by PM Salih. With the GOI expected to issue a new nationwide anti-corruption strategy soon, PM Salih's professed readiness for cooperation with Baghdad on anti-corruption issues was welcome, but it remains to be seen whether other officials -- in Baghdad and Erbil -- share that readiness. It also remains to be seen whether the KRG will grant the region's NGOs the opportunities they seek for a greater involvement in anti-corruption efforts; it was evident from our discussions with the NGO reps that they are keen for partnership with the KRG in combating corruption. END COMMENT HILL