US embassy cable - 05BAGHDAD2853

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002853 
 
SIPDIS 
 
E.O. 12958: DECL: 07/07/2025 
TAGS: PREL, PGOV, KDEM, IZ, National Assembly 
SUBJECT:  PM JAFARI TELLS CODEL LEVIN CONSTITUTION BY 
AUGUST 15 IS ACHIEVABLE 
 
 
Classified By: Political Counselor Robert S. Ford. 
Reasons 1.4(b) and (d) 
 
1.  (C) Summary.  In a July 6 meeting with Codel 
Levin, PM Jafari opined that a constitution is 
achievable by August 15.  Despite repeated attempts, 
CODEL Levin did not obtain Jafari's acknowledgement 
that a resolution by the Transitional National 
Assembly (TNA) welcoming the presence of Coalition 
Forces or an ITG announcement of a "plan" of security 
transfer would be useful.  Regarding Sunni concerns 
about a new legal initiative on confiscation of 
property, Jafari explained that the law would not 
confiscate Sunni money.  Instead, the law will allow 
seizure of stolen money from criminal elements that 
are using these funds to finance terrorism.  Finally, 
Jafari acknowledged that the Jordanian King's recent 
speech condemning terrorism and sympathizers was a 
positive gesture.  End Summary. 
 
AUG 15 DRAFT ACHIEVABLE 
----------------------- 
 
2.  (C) In a July 6 meeting CODEL Levin asked Prime 
Minster Jafari if a full constitution could be 
produced by August 15.  Citing Iraq's determination to 
successfully hold elections and form a government, 
Jafari replied in the affirmative.  He said, "I do not 
exaggerate when I say 80 to 90 percent of the 
constitution has already been agreed on."  Without 
going into details, Jafari listed the following 
outstanding issues hanging over the constitution: 
Kirkuk; federalism; articles on Islam; protection of 
minorities, human/women's rights; the risk that the 
draft constitution might be rejected by 2/3 of the 
voters in three or more provinces, thus sinking the 
draft; and the transfer of power if the draft 
constitution passes. 
 
WELCOME BY TNA DESIRABLE 
------------------------ 
 
3.  (C) Senator Levin repeatedly asked Jafari if he 
thought that a TNA resolution -- stating that the 
Coalition Forces were not "occupiers" and Iraqis want 
them to be here -- could be "useful".  Levin explained 
that such a resolution would help counter the 
insurgency's propaganda.  Jafari merely replied that 
the TNA understands that the CF needs to be in Iraq. 
 
4.  (C) Similarly, Levin inquired if it would be 
useful to announce a "plan" of military cooperation 
between the Iraqi forces and the CF that -- without 
setting a timeline for departure -- that outlines the 
transfer of security responsibility as the Iraqi 
forces grow stronger.  Jafari replied that as Iraqi 
forces increase their capacity, they would take more 
responsibility and leadership in the provinces. 
However, to give Iraqi forces total control, Jafari 
noted that both tactical and strategic capabilities 
have to be developed further.  Jafari added that he 
would continue to meet with military leaders on the 
ground, including General Casey, to discuss Iraqi 
forces taking more leading roles. 
 
SUNNIS THREATENED BY NEW LAW? 
----------------------------- 
 
5.  (C) Senator Levin shared Sunni leaders' concern 
regarding a new law initiative on confiscation of 
property under review by the Council of Ministers. 
The law has not come before the TNA yet.  Jafari 
explained that the Sunni leaders do not have a clear 
idea about the law; it does not confiscate Sunni money 
or even ex-Baathist money -- only stolen money.  He 
added that there is no intent in the law to target the 
old regime.  Jafari explained that the law would allow 
seizure of stolen money from criminal elements that 
are using the funds to finance terrorism. 
 
6.  (C) Finally, Levin asked if Jordan is playing a 
constructive role.  Jafari mentioned that the 
terrorist Zarqawi is Jordanian and Iraqi money in 
Jordan is being used against Iraq.  However, he 
conceded that on July 5 the Jordanian King gave a 
positive speech condemning terrorism and sympathizers. 
If Jordanian policy follows the lines of the speech, 
Jafari concluded, it would be positive. 
 
7.  (C) Comment.  Jafari's list of outstanding 
constitutional issues is far more important and 
sensitive than the 10 - 20 percent weighting Jafari 
provided.  Disagreements on Kirkuk alone have the 
potential to seriously delay the process, as when the 
Kurds threatened to boycott the Provincial Council 
election in January.  Jafari declined repeatedly to 
encourage either the idea of a TNA resolution 
welcoming the presence of Coalition Forces or an 
announcement by his government of a "plan" for 
eventual security transfer.  Jafari appears to be wary 
of raising the issue of the Coalition Forces directly 
with the Assembly -- an attitude that is aggravating 
the hard-line stance adopted by a minority of the 
Assembly members.  End Comment. 
 
8.  (U) List of participants: 
Senator Carl Levin (D-MI) 
Charge d'Affaires David Satterfield 
Richard DeBobes, Minority Staff Director 
Daniel Cox, Professional Staff Member 
Prime Minister Ibrahim Al-Jafari 
Abdul Aziz Tamimi, Chief of Staff 
Bashar Nahar, Prime Minister Advisor 
 
9.  (U) CODEL Levin did not have the opportunity to 
clear this cable. 
 
10.  (U) REO HILLAH, REO BASRAH, REO MOSUL, and REO 
KIRKUK, minimize considered. 
 
 
Satterfield