US embassy cable - 05BAGHDAD4125

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004125 
 
SIPDIS 
 
E.O. 12958: DECL: 10/05/15 
TAGS: PGOV, KDEM, IZ, Parliament 
SUBJECT: IRAQI ISLAMIC PARTY OFFERS CONDITIONAL SUPPORT FOR 
CONSTITUTION 
 
Classified By: AMBASSADOR ZALMAY KHALILZAD, REASONS 1.4 (B) AND (D). 
 
1. (C) SUMMARY: The Sunni Arab Iraqi Islamic Party 
conditionally agreed to support the constitution on the basis 
of a package of amendments proposed by the Ambassador in an 
October 5 meeting.  The amendments include a provision that 
would have the next National Assembly create a 
"Constitutional Review Commission" with a one-time ability to 
present a package of amendments to the public on the basis of 
an absolute majority vote.  Former Prime Minister Ayad Allawi 
attended the dinner and pushed strongly for the proposal, 
arguing that the Sunni Waqf would likely come on board on 
this basis as well.  The Ambassador is heading north October 
6 to present the proposal along with several other amendments 
to KDP leader Masud Barzani before taking it to the Shia 
coalition later in the day.  END SUMMARY. 
 
2. (C) Former Prime Minister Ayad Allawi, joined by Iraqi 
Islamic Party leaders Tareq al-Hashimi and Ayed Samarrai'e 
joined the Ambassador for an iftar October 5.  Allawi argued 
forcefully that voting down the constitution would endanger 
the country far more than would passage of a constitution 
with flaws. 
 
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Iraqi Islamic Party Agrees Conditionally 
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3. (C) Hashimi conditionally agreed to support the 
constitution after the Ambassador proposed allowing a special 
one-time opportunity to amend the document.  The proposal, 
which the Ambassador will pitch to Kurdish President Masud 
Barzani October 6, would require the next National Assembly 
to appoint a "Constitutional Review Commission" that would 
have the one-time opportunity to propose a package of 
amendments to the constitution.  Any proposed amendments 
would go to the National Assembly for approval by absolute 
majority and would then be put to the public for approval in 
a referendum to be conducted on the same terms as the October 
2005 constitutional referendum itself.  The referendum would 
pass if approved by a majority of participating voters and 
would fail if rejected by two-thirds of participating voters 
in three governorates or more. 
 
4. (C) Allawi expected that former Sunni Waqf director Adnan 
Duleimi and current director Ahmed Abd al-Ghafour al-Samarai 
would both support the constitution under these terms.  The 
Iraqi Islamic Party and Sunni Waqf would then join the Shia 
and Kurdish coalitions to back the document in an October 10 
conference. 
 
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The First Amendment Package 
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5. (C) The Ambassador has thus far discussed the following 
four amendments with the Shia and Kurdish coalitions and in 
meetings in Saudi Arabia, Jordan and the UAE: 
 
-- An alternative Article 4, Part 3 would clarify that Arabic 
will be spoken in both federal and regional Kurdistan 
offices.  It would read, "The federal and official 
institutions in the Kurdistan region will use the two 
languages." 
 
-- A proposed addition to section 1 would emphasize Iraq's 
unity.  It would read, "Federal Iraq is a united country that 
is fully sovereign, and this constitution is the guarantor of 
its unity." 
 
-- Article 3 would be adjusted to put added emphasis on 
Iraq's Arab League membership.  It would read, "Iraq is a 
country of multiple nationalities and religions and sects. 
It is a founding and active member of the Arab League and is 
committed to its covenant, and it is a part of the Islamic 
world." 
 
-- An addition to Article 131 on de-Ba'athification would 
clarify that non-criminal Ba'athists will not be persecuted. 
It would read, "Members of the former Ba'ath Party who were 
not senior leaders and who did not commit criminal offenses 
shall not be prosecuted and shall enjoy equality and 
protection under the law along with all Iraqis." 
 
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The Added Amendment Package 
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6. (C) In addition to the creation of the Constitutional 
Review Commission, the Ambassador now plans to push the 
following additional changes to seal Iraqi Islamic Party 
support: 
 
-- Article 3 would have an added reference that Iraq is "part 
of the Arab world."  This will be difficult and require a 
strong push on a reluctant Barzani. 
 
-- An alteration to Article 114 would clarify the nature of 
the future law to be passed on regional entity formation.  It 
would read, "The Council of Representatives shall enact, in a 
period not to exceed six months from the date of its first 
session, a law that defines the executive procedures (rules 
and conditions) to form regions, by a simple majority of the 
members present."  Any changes to this amendment are 
sensitive to the Shia coalition and will require a strong 
push. 
 
-- Article 18 would be re-ordered to clarify at its start 
that all citizenship provisions will be regulated by law. 
The legal content of the article would remain the same. 
 
KHALILZAD 
Khalilzad