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OO RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHGB #3487/01 3081032
ZNY CCCCC ZZH
O 031032Z NOV 08
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0195
INFO RUCNRAQ/IRAQ COLLECTIVE IMMEDIATE
RHMFISS/HQ USCENTCOM MACDILL AFB FL IMMEDIATE
RHMFISS/HQ USEUCOM VAIHINGEN GE IMMEDIATE

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 003487 
 
SIPDIS 
 
E.O. 12958: DECL: 10/31/2018 
TAGS: PGOV PREL PHUM KDEM UN IZ
SUBJECT: UNAMI INTERESTED IN "GRAND BARGAIN" FOR KIRKUK, 
BUT DELAYS HEAVY LIFTING UNTIL NEXT YEAR 
 
Classified By: Senior Advisor Thomas Krajeski, Reasons 1.4 (B) and (D) 
 
¶1. (C) Summary:  In a November 2 meeting with S/A Krajeski, 
UNAMI's Andrew Gilmour said UNAMI will finish its second 
round of reports on the disputed internal boundaries (DIBs) 
areas by mid-December, but delay issuing them until after the 
provincial elections because of the currently tense political 
situation.  UNAMI officials are interested to assess the 
feasibility of a grand bargain to resolve Kirkuk and the 
other issues that divide Baghdad and Erbil, and they will 
provide technical expertise to the Article 23 committee 
established in the provincial elections law to produce a 
resolution of Kirkuk's status.  Gilmour expressed concern 
that the make-up of the committee, as likely to be approved 
by the CoR, may result in isolating the Kurds.  He added that 
the cancellation by Kurdish provincial officials of 
agricultural contracts held by Sunni Arab farmers in Kirkuk 
Province is raising tensions.  The UN favors a moratorium on 
such contract cancellations until the status of the province 
is decided.  Gilmour was critical of the human rights record 
of Kurdish provincial administrators in Ninewa and UN 
officials believe there may be some merit in allegations of 
Kurdish responsibility for recent attacks on Christians.  End 
summary. 
 
UNAMI will support Article 23 committee 
- - - - - - - - - - - - 
 
¶2. (C) Senior Advisor Krajeski and PolOff met with UNAMI's 
Political Director Andrew Gilmour and Peter Bartu November 2. 
 Gilmour said UNAMI plans to energetically engage with the 
committee on Kirkuk established by Article 23 of the 
Provincial Elections Law (which originally appeared as 
Article 24 in the first version of the legislation that was 
passed and then vetoed in July).  They expect to receive a 
letter from Council of Representatives (CoR) Speaker 
Mashadani November 3 formally requesting UNAMI's technical 
assistance.  Bartu has met with several of the new committee 
members, who, he said, seem to be serious and credible.  In 
addition to the statutory members of the committee -- two 
members of the Council of Representatives (CoR) representing 
each of the three major ethnic groups (Kurds, Arabs, Turkmen) 
and one representing Christians -- the legislation provides 
for non-voting expert members.  Both Da'wa and ISCI have 
sought to have a representative join the committee. 
According to Gilmour, the CoR looks set to endorse the final 
slate of nine committee members November 3.  Gilmour 
commented that the make-up of the committee could result in 
isolating the Kurds. 
 
UNAMI will hold Article 140 reports until after elections 
- - - - - - - - - - - - 
 
¶3. (C) Gilmour confirmed the adjusted timeline for release of 
the second round of UNAMI's DIBs reports:  field work will be 
completed by November 15 and draft reports will be ready by 
mid-December.  In an October 28 meeting, Bartu told us the UN 
will share the draft reports with us by December 15, although 
they do not plan to share the reports with the parties until 
after provincial elections are held in January.  (Bartu said 
UNAMI received a Kurdish request to delay release of their 
findings until after elections, given the tense state of 
relations between Baghdad and Erbil, but UNAMI officials were 
already inclined to hold off until February.  Gilmour added 
that release in 2009 also avoids having the reports get 
ensnared in the politics surrounding SOFA negotiations.)  The 
UN is still set to offer a menu of options to resolve Kirkuk 
itself, which will be structured to distribute some pleasure 
and mostly pain among the various groups as equally as 
possible.  As he has stated previously, Gilmour predicted 
&no group will be entirely happy with any option.8  UNAMI 
will not declare a favorite and will be able to accept any of 
the proposed solutions serving as the nucleus of a compromise. 
 
Some Interest in "Grand Bargain" 
- - - - - - - - - - - - 
 
¶4. (C) Gilmour said UNAMI will not react formally to the 
recent International Crisis Group (ICG) report evaluating a 
possible "grand bargain" on Kirkuk and the other issues that 
divide Baghdad and Erbil.  He said that privately UN 
officials see some merit in the idea of facilitating an 
agreement in which the Kurdish Regional Government (KRG) 
cedes control over oil and gas in Kurdish-controlled areas in 
exchange for guarantees of Kurdish autonomy and definition of 
KRG controlled areas. 
 
Land Tension in Kirkuk 
- - - - - - - - - - - - 
 
 
BAGHDAD 00003487  002 OF 002 
 
 
¶5. (C) Bartu flagged an issue raising ethnic tension in 
Kirkuk province -- ongoing efforts by provincial authorities 
to cancel agricultural contracts with mostly Sunni Arab 
wafideen in places like Daquq, southeast of Kirkuk city, and 
Dibis, to the northwest.  Kurdish administrators argue that 
the actions are entirely consistent with Article 140 of the 
constitution, which calls for a process of "normalization" of 
land originally inhabited by Kurds prior to Saddam's 
Arabization program.  According to PRT officers in Kirkuk, 
these contracts have been held since the 1970,s in some 
cases; the lands in question were previously owned by Kurds, 
Arabs and Turkomen; and the decision to nullify the contracts 
appears to be legal under the Article 140 process.  Whether 
legal or not, the result is Arab farmers removed from fertile 
farmland and a rise in threats from Sunni Arab political 
leaders.  Bartu said UNAMI officials believe there should be 
a moratorium on such contract cancellations during this tense 
time.  (Comment: We agree these decisions are ill-timed and 
should be delayed.  PRT and UNAMI representatives in Kirkuk 
have told the Kirkuk governor that he should suspend action 
on these agricultural contracts until next year, when a 
decision on elections in Kirkuk will be made.  To date, none 
of the eviction notices have been processed and the 
cancellations are being held, pending an appeal to and 
decision by central government authorities.  End comment.) 
 
Human Rights in Mosul 
- - - - - - - - - - - - 
 
¶6. (C) Gilmour had just been in Mosul and said that he had 
relayed a stern message to Kurdish provincial authority 
officials that the UN would be watching provincial elections 
carefully and would speak out forcefully about any 
irregularities.  He complained to Sinjar District KDP chief 
Sarbast Omar Hassan Terwanishi of heavy-handed Kurdish 
attempts to gather pro-KRG tribal and political leaders to 
meet with the UN.  Asked about allegations that the Kurds are 
responsible for recent attacks on Christians in Mosul, 
Gilmour said there may "some truth to the allegations." 
Bartu said the Prime Minister's investigative committee 
claims to have compelling evidence of Kurdish complicity, 
although he had not seen it himself. 
 
 
CROCKER