IRAQI ELECTION LAW UPDATE, NOVEMBER 3, 2009

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002935 SIPDIS E.O. 12958: DECL: 11/03/2019 TAGS: KDEM PGOV IZ SUBJECT: IRAQI ELECTION LAW UPDATE, NOVEMBER 3, 2009 REF: BAGHDAD 2931 Classified By: Political Minister-Counselor Gary A. Grappo for reasons 1.4(b) and (d). ¶1. (C) SUMMARY. Efforts to pass an election law remained stuck on Kurdish objections to UNAMI's proposal for the inclusion of Kirkuk in the national election (Reftel). KRG PM Barham Salih told the Ambassador the Kurds want deletion of any specific mention of Kirkuk and inclusion of a compensatory seat for Kurds. After a series of engagements November 3 with Kurdish, Arab, and Turkoman political leaders, UNAMI (in close consultation with the Embassy) revised its draft with the aim of accommodating Kurdish needs while preserving Arab and Turkoman buy-in. Council of Representatives (COR) Speaker Ayad al-Samarra'i announced that the COR will remain in session November 4 and 5. Meanwhile, UNAMI SRSG Ad Melkert has prevailed upon the Independent High Election Commission (IHEC) to delay an announcement on the election law or date. There are indications the shifting but generally hard-line Kurdish position of the past few days may reflect intra-Kurd rivalry, as the main KDP and PUK parties seek to avoid charges by the upstart Goran (Change) List of "giving up Kirkuk" to the Arabs and Turkomans. END SUMMARY. Kurdish Concerns -------------- ¶2. (C) The Ambassador spoke with President Jalal Talabani and KRG PM Barham Salih November 3 to seek clarification of the Kurds' concerns on the UNAMI draft text. Both expressed dissatisfaction with the proposal's provision to grant two compensatory seats, one to the Arabs and one to the Turkomans. Regarding the review of the voter list mentioned in the proposal, the Kurds also demanded that references to the "1957 census" and to "the current administrative boundaries" be dropped. ¶3. (C) Meanwhile, KRG President Masoud Barzani departed Iraq on a previously scheduled personal trip to Austria. The Ambassador's Senior Advisor for Northern Iraq (ASANI) urged Dr. Fuad Hussein -- who is not traveling with Barzani -- to seek Barzani's agreement to terms of an election law immediately. In response to questions from Hussein about whether it was "too late" to prepare for elections by January 16, ASANI assured him that there was still time but that the COR must act this week. ¶4. (C) In a late November 3 follow-up conversation, Barham Salih told the Ambassador that the Kurds want an election law amendment that makes no specific mention of Kirkuk. Salih said that the Kurds also seek a compensatory seat allocated to them to show equity among Kirkuk's three main ethic groups. Finally, Salih told the Ambassador that the Kurds were against any reference to a future review of the Kirkuk voter list based on "all available sources," due to fears that Saddam-era decrees might be permitted under this definition. Post has learned that Kurdish MPs Saadi Barzinji (KDP),Arif Tayfour (KDP) and Friad Rwanduzi (PUK) plan to meet with VP Adil Abd al-Mahdi late on November 3, possibly to discuss an alternative way forward. Contacts report that the shifting but generally hard-line Kurdish position of the past few days may be the result of intra-Kurd rivalry as Talabani's PUK attempts to avoid charges by the opposition Goran (Change) List of "giving up Kirkuk" to the Arabs and Turkomans. The PUK's position, in turn, may be preventing the KDP (normally harder-line than the PUK on Kirkuk) from moving in a more moderate direction. The COR Will Stay In Session -------------- ¶5. (C) Speaker Ayad al-Samarra'i worked to keep the COR in Q5. (C) Speaker Ayad al-Samarra'i worked to keep the COR in session as roughly 120 members participated in the November 3 session. At the Ambassador's urging, the Speaker announced that the COR would meet again on Wednesday and Thursday; the November 4 session is set to begin at 11:30 a.m. ¶6. (C) SRSG Melkert met with Independent High Electoral Commission (IHEC) Chairman Faraj al-Haydari (aligned with KDP) November 3 to specifically ask that IHEC abstain from making public announcements about its ability to administer elections by January 16, 2010. In an effort to shield itself from additional criticism from the COR and the press, the IHEC Board of Commissioners has been anxious to go on record with a statement that it can no longer ensure its ability to administer credible, legitimate elections by January 16. IHEC told UNAMI this evening that it wants to send a letter to the COR announcing that its deadline for receiving a law is November 5, by 9:00 p.m. BAGHDAD 00002935 002 OF 002 Embassy-UNAMI Way Ahead -------------- ¶7. (C) The Ambassador and POL M/C met with the SRSG and the UNAMI political team late in the afternoon to agree on changes to the earlier UNAMI draft proposal and chart next steps. References to the "1957 census" and to Kirkuk follow-up elections after one year have been redacted, and UNAMI will consider offering side letters to Barzani on the review committee and current borders referenced in the proposal. We had also proposed that the SRSG reach out to Ayatollah Sistani again and urge his support for the latest proposal and for a Wednesday COR vote. HILL