US embassy cable - 05BAGHDAD3038

C O N F I D E N T I A L BAGHDAD 003038 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 07/20/2015 
TAGS: PGOV, PINS, PREL, IZ, Kuristan Regional Government 
SUBJECT: CHARGE DISCUSSES CONSTITUTIONAL ISSUES WITH IRAQ'S 
VICE PRESIDENT SHAWAYS 
 
 
Classified By: Charge d' Affaires David M. Satterfield for reasons 1.4 
(b) and (d) 
 
1. (C/NF) Summary. Vice President Shaways told Charge on July 
20 that federalism, Iraqi identity, and Kirkuk represent the 
three redline issues on which the Kurds will not compromise 
in the constitutional negotiations. Shaways enumerated the 
measures that the Kurds insist be in the constitution to 
resolve  the Kirkuk issue, emphasizing language resembling 
Transitional Administrative Law Article (TAL) 58. The Charge 
counseled against encouraging hard-line Kurdish demands and 
urged Shaways to advise KRG President Barzani to participate 
directly in the final negotiations in Baghdad. End Summary. 
 
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Kurdish Constitution Redlines 
----------------------------- 
 
2. (C/NF) In a July 20 meeting with Charge, Vice President 
Rowsch Shaways said the Kurdish delegation to the 
constitutional talks has three redline issues: 1) Iraq must 
be a federation; 2) not all of Iraq should be part of the 
Arab Nation; and, 3) the process to resolve the dispute about 
Kirkuk should be delineated along the lines of TAL Article 
58. Charge replied that the USG supports incorporating TAL 
Article 58 language in the constitution for purposes of 
addressing Kirkuk. He went on that the process of confidence 
building in Kirkuk, through funding activities of the Kirkuk 
Foundation and Property Claims Commission should begin 
now-and the U.S. was pushing this--,but a "resolution" on 
Kirkuk could only come after the December elections have been 
completed and a new government established. 
 
3. (C/NF) In his rejoinder, Shaways said the Kurds will push 
for a process that 1) allows Kurds and Turkmen refugees to 
return to Kirkuk; 2) defines the mechanism for delineating 
Kirkuk's administrative borders; 3) defines the process and 
timeline for a census; 4) acknowledges that the Kurds and 
Turkmen who registered themselves as Arabs may re-register as 
Kurds and Turkmen ; and 5) restores Kurds and Turkmen to 
positions formerly held in government agencies and the Iraqi 
oil company. "What we need to see most," said Shaways, "is 
that the process of normalization in Kirkuk move forwards to 
a resolution." 
 
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Kurdish Constitutional Negotiating Tactics 
------------------------------------------ 
 
4. (C/NF) Charge told Shaways that hard-line Kurdish demands 
in the constitutional negotiating process are 
counterproductive, given the short deadline and Sunni 
concerns regarding participation. Charge urged Shaways to 
encourage KRG President Barzani to travel to Baghdad soon and 
remain there until the negotiations are complete. Shaways 
agreed, but said some of Barzani's advisors might recommend 
that he not leave the North for his own safety and other 
business. "I will do my best to convince him, however," said 
Shaways. 
 
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Other Constitutional Issues 
--------------------------- 
 
5. (C/NF) Shaways confirmed that the Kurds prefer the concept 
of a single national electoral district, but can accept an 
electoral governorate district system (Comment. The Kurds 
believe that they would lose votes in Baghdad and other areas 
if the constitution were to institute a provincial or 
multi-district electoral system. They thus sense that a 
single national district is in their best interests. End 
comment.) They will not compromise on other issues of 
federalism. Charge pressed Shaways on the need for national 
ownership of natural resources. He also pointed to the 
flexibility inherent in federalism as a means to allay 
Kurdish concerns about revenue sharing, financing, and 
investment. 
 
6. (U) REO HILLA, REO BASRA, REO MOSUL, and REO KIRKUK, 
minimize considered. 
Satterfield