US embassy cable - 05BAGHDAD2855

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002855 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 07/07/2025 
TAGS: PREL, PGOV, PTER, IZ, Sunni Arab 
SUBJECT: CODEL LEVIN:  SRSG QAZI URGES CLOSE COORDINATION 
TO ENSURE CONSTITUTION PROCESS SUCCEEDS 
 
 
Classified By: Political Counselor Robert S. Ford for 
reasons 1.4 (B) and (D). 
 
1.  (C/NF) SUMMARY.  SRSG Qazi told CODEL Levin on 
July 5 that the Sunni have finally joined the 
Constitution Committee as members and technical 
advisors.  He stated that Sheik Hammoudi, committee 
chairman, confirmed to him that all decisions, 
including approval of the final draft, will be done by 
consensus and not by voting, a factor favorable to 
Sunni inclusion.  Qazi opined that the constitution 
could be completed on time, but must include the 
possibility for amendment.  Finally, Qazi stressed 
that the UN and international donors "have our work 
cut out for us," stressing that the constitution will 
be beneficial to all Iraqis, with failure as the worst 
possible option.  END SUMMARY 
 
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SUNNI PARTICIPATION ON THE CONSTITUTION COMMITTEE 
--------------------------------------------- ---- 
 
2.  (C/NF) UN Special Representative of the Secretary 
General (SRSG) Ashraf Qazi told CODEL Levin on July 5 
that the Transitional National Assembly (TNA) finally 
agreed to accept the list of 15 Sunni delegates and 13 
technical advisors to participate on the TNA's 
Constitution Committee.  This is certainly a positive 
move, observed Qazi, as low Sunni participation at the 
successful January elections eventually had a negative 
impact on the constitution process.  Qazi stated that 
the lack of an identifiable Sunni leadership created 
problems in determining which Sunni were truly 
representative and should be on the list.  Qazi opined 
that the committee's decision process, favoring 
consensus over unanimity, would prove favorable for 
enhancing Sunni participation. 
 
3.  (C/NF) Qazi explained that he had spoken to 
committee chairman Sheik Humam Hammoudi, who confirmed 
the consensus style for committee decision-making.  He 
said that Hammoudi said the optics of Sunni Arab 
participation, not the actual number of Sunni Arabs, 
was important.  Qazi explained that progress with the 
constitution drafting depended on three important 
points:  Sunni Arab presence, consensus-style 
agreement, and the need for the TNA to resist changing 
the committee's final decision on the draft 
constitution.  Qazi explained that the basic draft of 
the constitution would contain about 80 to 85 percent 
generally agreed upon basic language, leaving the 
final 15 to 20 percent that will be more difficult 
find agreement.  He expected the constitution would 
reflect a parliamentary government, with both a Prime 
Minister and a President.  Qazi added that the Sunni 
hope for a strong constitutional president, an office 
they covet but will, in all likelihood, never hold. 
 
4.  (C/NF) In response to Sen. Levin's question 
regarding meeting the draft deadline, Qazi could not 
state with confidence whether or not the draft would 
be completed and accepted by the TNA by August 15.  He 
explained that each major party has its own reasons 
for meeting, or failing to meet, that deadline, 
depending on whether or not the party hopes for new 
elections to restart the drafting exercise, or new 
elections to implement the new constitution.   For the 
constitution to pass at referendum, Qazi stated that 
it must be in a form that can be amended to allow more 
work on the most difficult issues after the new 
assembly is seated.  "We have our work cut out for 
us," opined Qazi, indicating that the UN and the 
international community must work together and 
synchronize our policy messages in order to help Iraq 
succeed in this process. 
 
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JULY 15 FIRST DRAFT, SUBMISSIONS, AND INDONESIA 
--------------------------------------------- -- 
 
5.  (C/NF) SRSG Qazi commented on the following 
topics: 
 
-- DEPARTURE OF COALITION FORCES: When asked if the 
Sunni Arabs want the Coalition Forces to depart, Qazi 
stated that, in principle, they want the military to 
leave, but realize that a premature departure would 
lead to greater security problems.  The Shi'a, on the 
other hand, want the forces to remain, as they fear 
the Coalition is the only deterrent to the Sunni Arabs 
from retaking control. 
 
-- CONSTITUTION WITHOUT THE SUNNI: Stressing their key 
participatory role, Qazi emphasized that the actual 
constitution text was less important than the drafting 
process.  He said that participation by the Iraqi 
people was essential, including submitting comments 
prior to the final draft, in order to fully claim 
ownership of the constitution.  He opined that a July 
15 rough draft was not only possible, but also 
necessary in order to increase public participation. 
-- POLITICAL TRUST AND THE INSURGENCY: Qazi stated 
that the level of trust between political parties was 
very low, a factor which continues to impede political 
cooperation.  Regarding the impact of the constitution 
on the insurgency, Qazi stated that a successful 
constitution will likely have a favorable impact, but 
it will not be automatic, and it will be interlinked 
with other current issues facing Iraq. 
 
-- UN AND INDONESIA MILITARY SUPPORT IN IRAQ: Senator 
Levin asked Qazi if the UN would be willing to request 
Indonesian military support to Iraq, especially since 
this would increase the Muslim presence for the 
coalition in Iraq.  Qazi replied that the UN has not 
made specific requests to individual countries, but he 
offered to research the issue to determine if such a 
request could be considered under UNSCR 1546. 
 
6.  (SBU) List of participants: 
 
United Nations Assistance Mission Iraq (UNAMI) 
SRSG Ashraf Qazi 
Paulos Tesfagiorgis, Constitution Legal Advisor 
Alexis Martin, UNDP Public Affairs Advisor 
Stephen Sequiera, Special Assistant to the SRSG 
Senator Carl Levin (D-MI) 
Richard DeBobes, Minority Staff Director 
Daniel Cox, Professional Staff Member 
Charge d'Affaires David Satterfield 
Poloff Campos, notetaker 
 
7.  (SBU) CODEL Levin did not have an opportunity to 
clear this cable. 
 
8.  (U) REO HILLA, REO BASRA, REO MOSUL, and REO 
KIRKUK, minimize considered. 
Satterfield