ELECTION COMMISSION SEEKS CIVIL SERVICE STATUS,

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003323

SIPDIS

E.O. 12958: DECL: 12/22/2019
TAGS: KDEM PGOV IZ
SUBJECT: ELECTION COMMISSION SEEKS CIVIL SERVICE STATUS,
THREATENS STRIKE

REF: BAGHDAD 3290

Classified By: Acting Deputy Chief of Mission Gary A. Grappo for reason
s 1.4(b) and (d).

Summary
--------------


1. (C) Independent High Electoral Commission (IHEC) Board
Chairman Faraj al-Haydari reported to POL M/C December 21
that IHEC is adhering to its operational time line for the
March elections, but that security concerns have become the
central focus at IHEC this week. Haydari briefed POL M/C on
his efforts to address IHEC's security needs, and he asked
the Embassy to support IHEC staff demands to convert their
employment status from two-month renewable contracts to
full-time civil service employment. Also on December 21,
UNAMI SRSG Ad Melkert wrote a letter to the Presidency
Council of the Council of Representatives (COR) encouraging a
legal amendment that would permit IHEC personnel to gain
civil service status. End Summary.

IHEC Seeks Civil Service Status
--------------


2. (C) Chairman Haydari reported to POL M/C December 21 that
the IHEC staff remains worried about the deteriorating
security situation, and they are particularly disturbed by
the lack of a pension and death benefits as they face growing
threats. (Note: These concerns reached critical mass this
week in the wake of the assassination of an IHEC official and
two unrelated kidnappings of relatives of IHEC personnel,
reftel. End Note.) Haydari said that he suspects IHEC
employees have threatened to go on strike to demand civil
service status that will give them long-term job security and
pensions to provide for their families. Haydari said that he
tried to convince the staff not to strike, but that he has
also consulted with the Prime Minister, the President, and
the Speaker on how to convert IHEC employees to civil service
status as soon as possible. He made a request to the Prime
Minister for more security personnel, more weapons for
security personnel, and for temporary housing in the
International Zone for IHEC employees who want to use it.
Tariq Abdullah, the Prime Minister's Chief of Staff, told the
CDA December 23 that the Prime Minister had received
Haydari's letter and, while providing personal security to
IHEC would be a challenge, that the GOI could help provide
housing to some IHEC officials in the International Zone as
it did in 2005.


3. (C) POL M/C asked Chairman Haydari if IHEC had considered
less time-consuming alternatives to requesting amendment of
the civil service law in the COR, such as adjusting IHEC
employee contracts to extend the desired benefits. Haydari
countered that IHEC employees seek civil service status not
only to ensure pensions for their families, but also to
guarantee long-term employment. (Note: Nearly all of IHEC's
2000 staff work on 2-3 month temporary contracts. End Note.)


4. (C) The IHEC Chairman assured the POL M/C that the act of
amending IHEC employee status would likely require "only ten
minutes of discussion" in the COR and minimal changes to the
existing law. Haydari reported that Speaker Iyad Samarra'i
had not yet offered his support, but that they would continue
discussions. Haydari said the Speaker had acknowledged that
there were political sensitivities (and resistance) to giving
civil service status to such a sizable group, which was
overwhelmingly Shia in make-up. He also said that UNAMI SRSG
Ad Melkert had already sent a letter to the COR in support of
civil service status for IHEC employees, and he requested
that the U.S. Embassy follow suit.

UNAMI
--------------


5. (C) UNAMI SRSG Ad Melkert sent a letter to the Presidency
Q5. (C) UNAMI SRSG Ad Melkert sent a letter to the Presidency
Council of the COR on December 21. In it, Melkert notes
that, "for several years UNAMI has supported IHEC's efforts
to secure the permanent civil service status for IHEC staff."
The SRSG's letter advises that the COR amend Article 9(7) of
Law No. 11 -- the law that created IHEC -- to allow IHEC the
power to appoint employees as permanent staff who can be
considered for pensions. The UNAMI Electoral Assistance Team
has been advocating for civil service status for IHEC
employees for over a year; the last effort fell apart in
April 2009 when political blocs reportedly could not agree on
the measure. In a separate meeting on December 21, Zoran
Trajkovski of the UNAMI Electoral Assistance Team advised
poloff that IHEC employees have "the right" to strike on this
issue, and UNAMI does not discourage a strike at this time.


BAGHDAD 00003323 002 OF 002


Comment
--------------


6. (C) Post will raise this matter with the Speaker in our
next meeting. Realistically, however, prospects for
legislative action are modest at best as the COR continues to
tackle more weighty issues, e.g. the 2010 budget, the
military pension law, possible constitutional amendments,
etc. Moreover, as the election nears, COR interest in
addressing contentious issues wanes. Post will also work
with UNAMI to seek ways to address IHEC needs in the weeks
ahead.
FORD