VZCZCXYZ0000
OO RUEHWEB

DE RUEHBY #1231/01 3400756
ZNY SSSSS ZZH
O 050756Z DEC 08
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0626
INFO RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 0322
RUEHBM/AMEMBASSY BUCHAREST IMMEDIATE 0293
RUEHLO/AMEMBASSY LONDON IMMEDIATE 1932
RUEHSN/AMEMBASSY SAN SALVADOR IMMEDIATE 0223
RUEHTL/AMEMBASSY TALLINN IMMEDIATE 0043

S E C R E T CANBERRA 001231 
 
SIPDIS 
 
STATE FOR EAP/ANP,NEA/I,S/I 
 
E.O. 12958: DECL: 12/05/2018 
TAGS: PREL PGOV MARR MOPS IZ ES RO AS EN
SUBJECT: GOA REPLY TO DEMARCHE ON WAY FORWARD WITH IRAQ 
 
REF: A. BAGHDAD 03794 
     ¶B. STATE 126109 
     ¶C. STATE 128040 
 
Classified By: POLITICAL COUNSELOR JAMES F. COLE FOR REASONS 1.4 B AND 
D 
 
Summary: 
-------- 
¶1. (S)  The Australian government, while pessimistic about 
achieving a legally binding SOFA with Iraq, is actively 
exploring options for the continued employment of imbedded 
Australian Defence Force (ADF) personnel serving in MNF-I, 
particularly those whose missions keep them within the 
confines of coalition bases. The Government of Australia 
(GOA) is constrained by Iraq's Prime Minister's fatigue with 
the legislative process and by the GOA's own insistence that 
any agreement have treaty status. Furthermore, PM Maliki's 
negotiating team is being overwhelmed by similar requests 
from five of the nations of the coalition. End Summary 
 
¶2. (S) Poloff and DATT delivered the demarche of December 4 
on the way forward for the GOA's negotiations with the 
Government of Iraq (GOI) (ref C) to Department of Foreign 
Affairs and Trade (DFAT) and Department of Defence 
counterparts. They reported the GOA's negotiating team in 
Baghdad, led by Australian Department of Defence (ADOD) First 
Assistant Secretary for International Policy Simeon Gilding, 
is actively looking for alternative ways to forge an 
agreement with the Iraqis. They are presently crafting a 
proposal around Article 16 of a 1979 Iraqi law on treaties. 
The Iraqis have questioned the sufficiency of this law to 
provide the level of protection that the Australians require. 
Australia's legal specialists in Baghdad are actively 
consulting their American and British counterparts in 
addition to Iraqi experts. 
 
¶3. (S) The Australians want a treaty-level agreement with the 
Iraqis in order to insure that their troops are provided the 
same legal protection as their American colleagues. Contacts 
in the Department of Foreign Affairs and Trade (DFAT), ADOD 
and the Department of the Prime Minister and Cabinet have 
told emboffs that PM Maliki pushed back on the GOA request 
for an agreement with treaty status, asking the Australians 
why they didn't jointly negotiate an agreement with the 
Americans.  They also have concluded that the Iraqi Prime 
Minister does not have the stomach to present any further 
bilateral agreements to the Council of Representatives this 
year. 
 
¶4. (S) The Australians expressed to us their concern that 
attempting to reach an agreement with Iraq is hampered by the 
limited manpower and logistics of the Iraqi negotiating team 
headed by Dr. Fadhel, Prime Minister Malaki's chief legal 
advisor. These constrain his ability to conduct simultaneous 
negotiations with Australians, British, Romanian, El 
Salvadoran, and Estonian delegations. This problem will be 
difficult to overcome regardless of whether the desired 
result would be a treaty or an MOU. There is, therefore, a 
need to craft a way forward that can be used in every case or 
there will probably not be any progress. However, see below 
concerning the special situation that the UK faces. 
 
¶5. (S) DFAT Iraqi Director Lloyd Brodrick told us the 
National Security Committee of Cabinet will take up this 
issue by Tuesday, December 9 (Monday, December 8, Washington 
time.) 
 
¶6. (S) Australian Brigadier Andrew Nikolic at the Department 
of Defense, told the DATT that Admiral Mullen, Chairman of 
the Joint Chiefs of Staff, is in communication with the 
Qthe Joint Chiefs of Staff, is in communication with the 
Australians on this issue. 
 
¶7. (S) The DATT also learned from the British military 
attach in Canberra that the Australian Chief of the Defense 
Force (CDF), Angus Houston, has ongoing discussions with the 
British Chief of the Defense Staff (CDS), Sir Jock Stirrup. 
 
¶8. (S) Separately, Embassy Pol/Officer has delivered the 
general points of the U.S. Government's Strategic Framework 
Agreement with Iraq as well as the Security Agreement that 
were approved by the Iraqi parliament on Nov 27 to the 
Government of Australia (GOA) (ref B). 
 
Comment: 
------- 
¶9. (S) It would be relatively easier for the GOA to redeploy 
its forces from Iraq at short notice because of their limited 
number, compared with the British, whose force levels would 
make quick movement unwieldy.  Therefore, the British 
negotiators will be feeling far more urgency to finalize an 
agreement, however inadequate, than will the Australians. A 
British solution to the dilemma may not be acceptable to the 
Australians, however, because the UK appears willing to 
accept a lower level of protections for its forces, according 
to the GOA. End Comment 
MCCALLUM