ACTION REQUEST -- DEMARCHE RE ATTEMPTS TO BAR

C O N F I D E N T I A L STATE 005980 SIPDIS E.O. 12958: DECL: 01/19/2020 TAGS: IZ PGOV PREL SUBJECT: ACTION REQUEST -- DEMARCHE RE ATTEMPTS TO BAR CANDIDATES FROM UPCOMING IRAQI PARLIAMENTARY ELECTIONS REF: BAGHDAD 147 Classified By: NEA A/S Jeffrey D. Feltman, reasons 1.4 (b) and (d) ¶1. Action request in para 3, talking points in paras 4 and 5. ¶2. (C) BACKGROUND: The Iraqi Accountability and Justice Commission (AJC) and Independent High Electoral Commission (IHEC) have taken steps to bar over 500 political figures from competing in the March 7 national elections, alleging that these political figures supported the Saddam regime and are promoting the return of Ba'athist ideology to Iraq. This action by the Commission and IHEC to block these figures from participation in Iraq,s nascent political process through a mechanism that lacks transparency and is of doubtful legality could call into question the inclusiveness and legitimacy of the elections and threatens to set back democratic progress in Iraq. The U.S. government is coordinating closely with the United Nations Assistance Mission for Iraq (UNAMI) in making a concerted push to address the problems created by the dubious process used to disqualify these candidates and to find a political solution (one under discussion would involve cleaning up the AJC list and disqualifying a smaller number of currently registered candidates). If no adequate solution is found, the U.S. government may not be able to describe the election as credible and legitimate. ¶3. (C) ACTION REQUEST: Addressee posts are requested to demarche host governments at a senior level and ask them to instruct their embassies in Baghdad or their diplomats accredited to Iraq resident in neighboring countries to work with the U.S. Embassy in Baghdad and UNAMI to develop a coordinated international response to the attempt to bar candidates on the basis of purported ties to the Ba'ath Party and/or alleged support for Ba'athist ideology. We request also that host governments consider how best to express concerns about the disqualification action to Iraqi officials, either through private discussions or by public statements from capitals (perhaps drawn from the talking points below). We request delivery of this demarche as soon as possible. ¶4. (SBU) Talking points the U.S. is using in discussions with the Iraqis: -- We are deeply concerned about the decision by IHEC to accept the list of more than 500 names of candidates recommended for disqualification by the Accountability and Justice Commission. -- We are specifically concerned about the lack of transparency and due process in disqualifying candidates. It also is not clear that there will be a timely appeals process that would allow candidates to overcome their disqualification in time for the March 7 election. -- There is a real threat that these disqualifications could lead to an election that is not inclusive and that is not perceived as fully credible and legitimate. -- Iraq is at a critical juncture in its history. The disqualifications threaten Iraq,s democratic process. ¶5. (SBU) TP for host governments: Your support is appreciated in conveying this message clearly to the senior leadership in Baghdad and in supporting efforts by UNAMI as it seeks a viable solution to this problem. Both private messages to Iraqi government officials and political leaders and public statements of concern from capitals and your diplomatic respresentatives to Iraq will be especially valuable at this time. We urge you to ask your representatives in Baghdad to consult with the U.S. embassy and UNAMI on the utility of coordinated action. ¶6. (C) Reftel provides additional background with latest political developments from Baghdad. ¶7. (SBU) Please report on delivery of demarche and any host government reaction to NEA-I/POL William Cavness, tel. no. (202) 647-5211, e-mail address: cavnessw@state.gov. CLINTON