VZCZCXRO9964
PP RUEHBC RUEHDA RUEHDE RUEHDH RUEHIHL RUEHKUK
DE RUEHGB #1333/01 1411248
ZNR UUUUU ZZH
P 211248Z MAY 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC PRIORITY 3144
INFO RUCNRAQ/IRAQ COLLECTIVE

UNCLAS SECTION 01 OF 02 BAGHDAD 001333 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL IZ
SUBJECT: U/S BURNS, AND U/S FLOURNOY'S MEETING WITH IRAQI 
COUNCIL OF REPRESENTATIVES SPEAKER AYAD AL-SAMARRAIE 
 
¶1. (U) Summary:  In a May 12 meeting with DOS U/S Bill Burns 
and DOD U/S Michele Flournoy, Iraqi Council of 
Representatives (CoR) Speaker Al-Samarraie said he saw 
US-Iraqi relations as a two-stage process: the past and the 
future, with the SFA linking the two.  Looking forward rather 
than backward, Al-Samarraie wants to establish a protocol for 
U.S assistance to the CoR.  On badly needed investment 
legislation, Al-Samarraie said that the two issues must be 
addressed: fixing the outdated legislation currently on the 
books and finding a way delink the new legislation from other 
political issues.  On the prospects of a hydrocarbons law, he 
said that several issues need to be solved before a 
hydrocarbons law could be passed.  The elections law will 
likely entail amending the existing law and deciding between 
an open list and a closed list.  The CoR will address 
legislation dealing with amendments to the Constitution and 
political reform and will also exercise its Executive 
oversight in a regular and responsible manner.  On 
reconciliation, the performance of the police had improved, 
but that of the army had worsened in the past two years. 
Al-Samarraie's adviser suggested that the problems lay with 
the Prime Minister, who has politicized the Office of the 
Commander-in-Chief.  End Summary. 
 
Two-Stage Bilateral Relationship 
-------------------------------- 
 
2 . (U) In a May 12 meeting at his residence, Iraqi Council 
of Representatives (CoR) Speaker Ayad al-Samarraie welcomed 
DOS U/S Bill Burns and DOD U/S Michele Flournoy, noting that 
he was pleased to have an opportunity to discuss Iraqi issues 
with representatives of the new Administration.  U/S Burns 
said the delegation had traveled to Iraq to reiterate the 
U.S. commitment to helping Iraq build strong democratic 
institutions, strong capacity and to establish its place in 
the international community.  U/S Flournoy said that the U.S. 
was committed to the Security Agreements in order to help 
Iraq become self-reliant and to integrate into the region. 
 
 
¶3.  (U) Speaker Al-Samarraie said he sees the Strategic 
Framework Agreement (SFA) as the bridging mechanism between 
the past and the future of the U.S.-Iraq relationship. 
Al-Samarraie acknowledged that over the past five or six 
years some things have not been accomplished perfectly, and 
that "we" (Iraqis) had objections as to how to proceed.  But 
now, everything is more democratic and transparent and "we" 
are adjusting our own behavior.  Al-Samarraie also asserted 
that sectarianism is less of an issue now. 
 
¶4. (U) But, Al-Samarraie said, the future is even more 
important than the SFA, which will end by 2011.  It is a 
future that will open for Iraqis a world beyond security 
issues.  The future depends on the cooperation outlined in 
the SFA, rather than the security provisions worked out in 
the Security Agreements.  As part of his plan for the future, 
Al-Samarraie said that he wants to coordinate U.S. assistance 
to the CoR via a protocol.  He said the CoR had already 
developed a draft agreement with USAID. 
 
Investment, Hydrocarbons and Elections Laws 
------------------------------------------- 
 
¶5. (U) Turning to the economy, U/S Flournoy said that during 
her conversations with U.S. companies, they expressed a 
desire to see a regulatory framework in place prior to 
investing in Iraq. Al-Samarraie acknowledged the need for 
investment legislation and the maddening obstacles presented 
by current legislation, a product of an era in which the free 
market did not exist in Iraq.  Those antiquated laws 
contradict what the government wants to do every day and need 
Qcontradict what the government wants to do every day and need 
updating.  Al-Samarraie said that even if he simply wanted to 
buy a piece of land for business, the process is complicated 
and difficult. 
 
¶6. (U) U/S Burns asked about the status of the hydrocarbons 
law.  Al-Samarraie said there is an old draft law and a new 
draft law.  The government had written to the CoR asking 
about the status of its work on the law, but had not 
specified whether they were inquiring about the old or new 
draft.  The Oil and Gas Committee is trying to sort out the 
problem.  But, he said, even after the question of which law 
is to be considered was clarified, obstacles to the passage 
of a hydrocarbons law remain.  The rights of regions to have 
contracts is "very cloudy" in the draft law.  And even if 
sharing of production is accepted by all sides, there would 
need to be agreement on what constitutes "existing fields, 
new fields and yet-to-be explored fields."  He concluded that 
the reaching of an agreement would be an achievement. 
 
¶7. (U) On an elections law, Al-Samarraie said that the CoR 
would likely amend the existing law.  The key issues are how 
 
BAGHDAD 00001333  002 OF 002 
 
 
to ensure a minimum number of seats for women and whether to 
have an open list or a closed list.  Al-Samarraie said that 
the other key legislative goals this term would include 
amendments to the Constitution and legislation in response to 
the political reform resolution passed along with the 
ratification of the SOFA and SFA agreements. 
 
Oversight 
--------- 
 
¶8. (U) Al-Samarraie said that he sees the CoR's other 
important undertaking this session to be the exercise of its 
oversight responsibilities.  CoR members want a number of 
Ministers to appear before the CoR.  One was scheduled to be 
questioned this week; others would come just for 
informational purposes.  Al-Samarraie had counseled CoR 
members not to simply demand that Ministers come to the CoR 
for questioning, but to proceed step-by-step, demanding that 
Ministers appear for questioning only if they have not been 
satisfied by other means. 
 
Reconciliation, Withdrawal 
-------------------------- 
 
¶9. (U) On reconciliation, Al-Samarraie said that the process 
is not moving according to the agreements that have been 
reached.  The security forces are a concern: the Sons of Iraq 
(SoI) are being arrested and not being paid.  While Samarraie 
said the Iraqi Police had been gradually regaining public 
trust, the Iraqi Army was losing some of that same trust. 
This is due to concerns that the military has been 
politicized through Maliki's penchant for replacing senior 
commanders with officers he personally knows and trusts, as 
well as forming ad-hoc command arrangements (such as the 
Office of the Commander-in-Chief) which circumvent the MoI 
and MoD chain of command.  Samarraie also said that some CoR 
members had complained about their treatment at the hands of 
Iraqi Army soldiers, while reports of Iraqi Police abusive 
behavior had generally declined. 
 
¶10. (U) Both Al-Samarraie and his adviser Saif al-Din Abdul 
Rahman lay the blame on the hierarchical structure of the 
Office of the Commander-in-Chief and Prime Minister Maliki's 
politicization of that institution.  Al-Samarraie said it is 
his understanding that neither the Minister of Defense nor 
the Minister of the Interior had the authority to decide 
anything without the approval of the Prime Minister (who is 
also the Commander-in-Chief).  U/S Flournoy said that the 
U.S. has developed laws over time that define the chain of 
command.  Al-Samarraie commented that American experts, often 
feeling they should not interfere in Iraqi politics, provided 
hints rather than suggestions.  But perhaps it is suggestions 
that are needed.  For instance, there should be a law to 
define the powers of the Commander-in-Chief.  But people here 
do not know what to do.  To such suggestions some would say, 
"No, he is the Commander-in-Chief and his power is absolute." 
 
¶11. (U) Asked about Iraq's comfort level with the U.S. troop 
withdrawal, Al-Samarraie said that he was not informed about 
the movement of the army.  But the situation seems to be 
acceptable.  Concluding his remarks, Al-Samarraie said that 
Iraq wants strong democratic institutions and a respect for 
law.  He said the door should be opened to those who want to 
participate in the reconciliation process.  Some say they 
have committed crimes.  Others say they should be given hope. 
Between revenge and hope, Al-Samarraie said, he believes in 
hope.  "Some say they are not ready to forgive, but it is 
better for Iraq to learn to look to the future." 
 
¶12.  (U) U/S Burns and USD/P Flournoy have cleared this 
cable. 
HILL