US embassy cable - 05BAGHDAD3134

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003134 
 
SIPDIS 
 
E.O. 12958: DECL: 07/29/2025 
TAGS: PGOV, PHUM, KWMN, IZ, Women's Rights, Christian Minority, National Assembly 
SUBJECT: WOMEN'S RIGHTS AND RELIGIOUS FREEDOM IN THE 
CONSTITUTION - CHRISTIAN TNA MEMBER'S VIEWPOINT 
 
REF: BAGHDAD 3055 
 
Classified By: POLITICAL COUNSELOR ROBERT FORD. 
REASONS 1.4(B) AND (D). 
 
1.  (C) SUMMARY. TNA member and Chaldean Christian 
Wijdan Salim told PolOff on July 28 that Iraqi women 
are generally not far apart in the debate on most 
issues relating to women's rights and the draft 
constitution.  The biggest point of contention, said 
Salim, is proposed language that would require the 
regulation of personal status in accordance with an 
individual's religion and/or sect.  According to 
Salim, such language has not been included in recent 
draft text, but key players in the constitutional 
debate, as well as some conservative women, are still 
pushing hard to include such a provision in the final 
text.  She appeared far less concerned about the role 
of Sharia' in the constitution than about the 
inclusion of language regarding the personal conduct 
code.  Salim noted what appears to be trend toward 
moderation -- even among some conservative women -- 
and pointed to strong USG engagement on this issue as 
critical to ensuring there is no erosion in women's 
rights.  Salim stated that federalism is the biggest 
unresolved issue in the constitutional debate and 
expressed confidence in draft provisions addressing 
freedom of religion.  Salim's assessment of the 
constitutional drafting process was certainly more 
positive than it has been in past discussions.  We are 
capitalizing on the hints of progress on women's 
rights to press Iraqi drafters hard on protecting the 
rights women currently enjoy.  END SUMMARY. 
 
2.  (C) TNA member and Chaldean Christian Wijdan Salim 
(Allawi list) told PolOff on July 28 that women are 
mostly in agreement on how to protect women's rights 
in the draft constitution.  There is some disagreement 
-- such as in what section a quota requirement for 
female TNA representation should be placed, whether 
there should be limits to the duration of any quota 
requirement, and how international conventions on 
human rights should best be addressed.  However, the 
most contentious issue is whether to include an 
article, as appeared in earlier proposed language 
(reftel), regulating the personal status of an 
individual according to his or her religion and/or 
sect. 
 
3.  (C) As with many women -- secular, non-Muslim, 
liberal, and conservative alike -- Salim told PolOff 
that she considers the provisions of the current 
Personal Status Law No. 188 of 1959 to be advantageous 
to women in many respects.  She specifically noted 
child custody and support as an example.  The movement 
afoot to insert language into the draft constitution 
requiring the regulation of personal status according 
to an individual's religion or sect, she said, would 
be a step back from the rights women currently enjoy. 
Language on the personal status code has not appeared 
in recent versions of the draft - a good step, she 
said.  However, while constitution and conservative 
women have somewhat toned down their language on the 
role of Shari'a, the issue is alive and well.  Key 
players in the constitutional debate, including Qassim 
Daoud, Humam Hammoudi, and TNA member Salama al- 
Khafaji, are pushing for the personal status code, a 
worrying factor.  Active American engagement will help 
with such key players, she said. 
 
4.  (C) Salim briefly analyzed passages in a version 
of the draft she had received several days prior, 
noting that federalism is the key remaining issue -- 
especially for the Sunni Arabs.  She dismissed 
concerns of Kurdish secession, insisting that the 
Kurds would never leave Iraq because they would be too 
vulnerable to pressure by Turkey, Syria, and Iran. 
Additionally, Salim indicated she had heard earlier in 
the day that the question of allocation of resources 
had been decided in favor of central government 
ownership. 
 
5.  (C) Salim expressed confidence in the approach the 
Constitution Committee has taken thus far with respect 
to freedom of religion.  While Islam carries with it 
inherent limitations (i.e., under Islamic law, 
conversion to another religion is a criminal offense), 
Salim said that the current language proposed for 
inclusion in the draft constitution supports the 
rights of Iraq's non-Muslim minority.  Her primary 
concern, which she said the Muslim majority has voiced 
as well, is that the language also adequately protect 
individuals from being "coerced" towards a particular 
political or religious ideology.  (NOTE: We have seen 
language addressing this concern in some drafts, 
although it does not appear in the most recent full 
Hammoudi draft. END NOTE.)  Salim also noted that the 
Christian community wants to be mentioned specifically 
in the constitution, even if that means other 
religious minorities, such as the Yazidi and the 
Sabaeans, must be mentioned as well. 
 
6.  (C) COMMENT:  Salim's assessment of the 
constitutional drafting process was certainly more 
positive than it has been in past discussions.  She 
was confident that the deadline would be met and 
suggested that compromise would be reached on the 
remaining unresolved issues -- even if it might be 
painful.  She was upbeat about how proposed language 
for the draft supports freedom of religion and she is 
already looking for ways to further institutionalize 
those rights.  Although concerned about the future of 
women's rights, she appeared far less concerned about 
the role of Sharia' in the constitution than about the 
inclusion of language regarding the personal conduct 
code.  Clearly, she is seeking a compromise and 
indicated there are other women, including some on the 
169 List, who, like her, are taking a similar, 
"moderate" position.  We talk regularly to the three 
key persons she mentioned and will keep pressing them 
and other important drafters vigorously about 
religious freedom and women's rights.    END COMMENT. 
 
7.  (U) REOs Hillah, Basrah, Kirkuk, Mosul minimize 
considered. 
 
 
Khalilzad