US embassy cable - 05BAGHDAD3420

C O N F I D E N T I A L BAGHDAD 003420 
 
SIPDIS 
 
E.O. 12958: DECL: 08/19/2025 
TAGS: PGOV, PHUM, KDEM, IZ, Shia Islamists, Kurdistan Islamic Union, Elections 
SUBJECT: KURD/SHIA COMPROMSE ON ELECTION LAW NEEDED 
 
 
Classified By: POLITICAL COUNSELOR ROBERT FORD REASONS 1.4(b) and (d) 
 
1.  (C) SUMMARY. According to UN/EAD legal advisor Jose Maria 
Aranas, the Kurds and the Shia are still divided on electoral 
issues.  On August 18, Minister of Planning Barham Saleh 
reiterated Kurdish preference for a single national district 
system used in the January election, while Shahristani 
insisted on a multiple governorate district electoral system 
with maximum 10 percent national compensatory seats.  Aranas 
said he has reviewed the Shia draft and found it to be 
incomplete and problematic.  For example, the Shia draft 
drops the prohibition of political party and candidate links 
to armed militias.  Aranas told PolOff that a multiple 
governorate district system with 20 percent national 
compensatory seats, using existing boundaries from the 
January election, would be a good compromise solution.  He 
urged that the impasse be resolved very quickly, so that 
political activities and planning can go forward on the basis 
of solid legal groundwork.  Citing the urgent need for 
election law, Aranas encouraged UN, UK and US cooperation to 
step up efforts to press Iraqi leaders.  END SUMMARY. 
 
2.  (C) UN/EAD legal advisor Jose Maria Aranas told PolOff on 
August 18 that the Kurds and the Shia are still divided on 
electoral issues.  He said an August 18 UNAMI breakfast 
meeting on election law with Iraqi leaders hosted by SRSG 
Qazi revealed no movement in the Kurdish/Shia positions since 
the last meeting on August 11.  TNA Deputy Speaker Hussein 
Shahristani reiterated that the Shia are pushing for a 
multiple governorate district electoral system with maximum 
10 percent national compensatory seats.  On the other hand, 
Minister of Planning Barham Saleh repeated that the Kurds 
prefer a single national district system used in the January 
election.  However, Saleh added that the Kurds would support 
a multiple district system if Kirkuk were included within the 
boundaries of Kurdistan; the Kurdish IDPs are credited to 
Kurdistan and compensatory seats increased to at least 25 
percent.  Shahristani emphasized during the August 18 meeting 
that the single national district system is unacceptable to 
the Shia.  TNA speaker Hajim Hassami also attended the two 
meetings but did not offer a clear Sunni position and 
preferred to observe, said Aranas. 
 
3.  (C) Despite the lack of Kurdish approvalbuy-in, 
Shahristani apparently has decided to push election law to 
the TNA for discussion. (Note.: The election law appeared as 
an agenda item for TNA on August 14 and 15, but was later 
dropped from the agenda on both dates.  End note.)  Aranas 
believes Shahristani will put before the TNA the Shia version 
of the election law, which Aranas said he has reviewed and 
found to be incomplete and problematic.  For example, Aranas 
noted that Shahristani's draft drops the prohibition of 
political party and candidate links to armed militias, and 
sanctioning authority of the IECI for electoral offenses by 
political entities.  This Shia version features 9 percent 
compensatory seating. 
 
4.  (C) Aranas told PolOff that a multiple governorate 
district system with 20 percent national compensatory seats, 
using existing boundaries from the January election, would be 
a good compromise solution.  An election law, Aranas 
continued, is urgently needed to ensure the credibility and 
integrity of the electoral process.  For example, political 
party outreach activities related to the new electoral model 
should have started already and political entities candidate 
list submissions (and vetting by the Independent Electoral 
Commission of Iraq) must start by September 1.  He suggested 
that UN, UK and US coordinate to step up efforts to press 
Iraqi leaders to negotiate a solution. 
 
5.  (C) COMMENT.  The UN elections team has been working wit 
the Iraqis, and they have a solid enough basis to understand 
how to structure the law.  Much of the delay comes now 
because political leaders are seized with the constitution 
and some -- especially the Kurds -- even tie the election law 
to the constitution negotiations themselves.  Working with UN 
and UK, we will continue to explore opportunities to 
encourage Iraqis to come to an agreement that results in an 
election law meeting international electoral standards and 
that promotes minority and women participation.  END COMMENT. 
 
 
6.  (U) REO HILLAH, REO BASRAH, REO MOSUL, and REO 
KIRKUK, minimize considered. 
 
 
 
Khalilzad