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BUT
UNCLASSIFIED
Response to question posed by Congressman
Mike
McIntyre
(D-NC)
equesting
an
update
on
the
original
18 benchmarks:
The
18
Congressional benchmarks
can
be
classified
into
three
basic categories:political
(8),
security
(8),
and
economic
(2).
The
benchmarks, with
an
updated assessment
for
each,
are
as
follows:
I.
Form
a
ConstitutionalReview
Committee
and
CompleteConstitutional
Review.
Satisfactory
The
Council
of
Representatives
(CoR)
formed
the
Constitutional
Review Committee
(CRC)
on
15
November
2006, and
a
constitutional
review
process
is
ongoing.
The
CRC
has
three
sub-committees,
focused
on
political,
technical,
and
substantive
issues.
It
consists
of
30
COR
members
(seIectd
based
on
party
representation),
and
is
led
by
Humman Hmmoudi,former
chair
of
the
Constitutional
Drafting
Committee.
The
CRC
s
responsible
for
producing
consensus
amendments
to resolve poIitical
disagreements
on
high-level
and
contentious
issues
such
as
presidential
powers,
management
of
hydrocarbonresources,
and
the
status
of
disputed
territories.
On
23May
2007,
theCRC
provided
a
report
to
theCoR
and
offered proposedamendmentsandhighlighted
the
need
to
resolve
outstanding
andsignificant
issues
such
as
presidentialpowers,provincial
powers,
andthestatus
of
Kirkurkand
other
boundaryissues.
The
CRC
has
receivedmultipleextensions
to
continueits
work,
with
the
most
recent
extension
until
the
end
of
the
next
legislative
session
inJunelJuly
2008.
Whilethe
CRC
has
made
limitedprogressinresolvingconstitutionalissues,
it
has
been
moresuccessful
with
technicalissues
such
as
the
roleof
the
judiciary,
human
rights,
and
independent
institutions.
Therestill
remains
much
work
to
be
done
on
some
very significant
issues;
however, itdoes
appear
that
CRCmembers
are
seeking
tosecure
political
accommodation
on
the
daunting
legislativechallenges
on
the
horizon.
The
time
spent
buildingconsensusshouldproducean
improved
product
and
enhancethecredibility
of
theendresult.
2.
Enact
and
implement
de-Ba'athification
legislation.
Satisfactory
The CoR unanimously
passed
the
Justice and Accountability Act
on
January
12,2008,
and
the
law
was
published in the
Gazette
on
February
14,2008.
This was
a
classic example
of
legislative
compromise
in
that
there
was
something
for everyone
but
no group
secured
everything
it
wanted.
While
the consensus
aspect
of
the
CoR
deliberation
is
a
positive
manifestation
of
a
progressing
and
maturing legislative body,
the
impact
of
thelaw
onreconciliation will
depend
in
large
part
onthe spirit
with
which
the
law
is
implemented.
The
law
is
intended to
permit
approximately
30,000 lower
ranking former Ba'athists
to
regain
their
jobs or
receive
their pensions,
but
it
is unclear how
many
will ultimately benefit
from
the
law's provisions.
Some
former
Ba'athists
currently employcd
by
the
security
services
may
lose
their jobs unless
waiver
provisions
are
clarified.
The
Council
of
Ministers must still
1
SENSI'TIVE
BUT
UNCLASSIFIED
SENSITIVE
BUT
UNCLASSIFIED
nominate
7
members
o
the
new
High Commission
for
Accountability
and
Justice,
which
will
have
primary
responsibility
for
the
law's implementation.
Vice
President
Tariq al-Hashimi
raised
several
concerns about
the
law, and Speaker
Mahmoud Mashhadani
agreed
to revisit
some
of
those concerns with amendments to
the
Iaw.
3. Enact
and
implement
oil
laws
that
ensure
equitable
distribution
of
hydrocarbon,resources.
Unsatisfactory
The
majority of Iraq's national
budget
funds
are
generated
by
oil
revenue.
Funds
are
allocated to
ministerial
representatives
in the provinces
to
provide
far
essential
services
andcapital investment
based
on
provincial population
densities.
During
2008,
excluding
Kurdish
Regional
Government
provinces, the provincial allocation
amounted
to
$3.3
billion. As
a
result, oil
revenues
are
currently
being
distributed
to
provinces
on a
reasonably equitablebasis.Despite various competing drafts circulating
at
various
levels
of
the
GO],
ydrocarbonlegislation
has
yet
to
pass
the Council
of
Representatives.
Its
passage
will
encourage
majorinternational oil companies
to
invest
the
billions
of
dollars necessary to aid
and
modernize
Iraq's
ailing
oil
infrastructure,
and
increase
the production capacityof
Iraq's
oil
industry.
Passage
of
the
hydrocarbon legislation will
also
promote reconciliation
and
increase
findingavailable
at
the provincial and
local
levels.
Representatives
of
the
Kurdish
parties have
indicated
to
Prime
Minister
Maliki
that they will support his
February
26
draft, and
hydrocarbon
legislation
should
go
before
the
CoRforvote duringthecurrent legislative
session.
4.
Enact
and
implement
laws
on
procedures
to
form
semi-autonomous
regions.
Satisfactory
The status
of
the
Kurdish
Regional
government
is
enshrined in the Iraqi Constitution. In
October
2006,
the
Council
of
Representatives
passed a
law
on
region formation
elsewhere
in
Iraq.
This
law
provides
a
mechanism whereby
Iraq's
governorates
can
apply
to
becomeautonomous
federal
regions,
either singly,
or
(with
the
exception
of
Baghdad) in
groups.
Due
to
an
18
month
delaying clause,
the
law
did
not
enter
into
force
until April
2008.
a
5.
Enact
and
implement
(a)
higher
electoral
commission;
(b)
provincial
elections
law;
(c)
a
provincial
powers
law;
(d)
set
a
date for provincial elections.
Satisfactory
The
Independent
Higher
Electoral Commission
has
been
appointed,
trained,
and
certified.
Coalition
and
internationd
observers have confirmed
that
this commission is independent
and
is
hlfilling its
charter.
2
SENSITIVE
BUT
UNCLASSIFIED
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BUT
UNCLASSIFIED
The
CoR
passed
the Provincial
Powerslaw on
February
13,2008.
This
legislation calls
for
provincial elections
no
later than
October
1,2008. The
holdingof
elections
within
6
months
s
an
ambitious
goal
given
the need
to
establish
basic
election
modalities,
resolve
the
"open v.
closed list" issue, and decide
if
the
elections will
be
held
simultaneously
across
the
country
or
in
different
regiondprovinces
on
different
dates.
All
of
these
issues
will
need
to
be
addressed
by
the
elections
law
that
the
CoR
must
pass
not
later
than
May
2008.
6.
Enact and
implement
amnasty
legislation
for
former
insurgents.
Satisfactory
The
Amnesty
bill
passed
in
February
as
part
of
a
broader
package
of legislation thatincluded
the
Budget
and
Provincial
Powers
legislation.
The
Presidency Council
approved
the
law
on
February
26,2008.
The
new
Amnesty law
does
not
apply to
the
mostsenior
figures
ofthe
former
Ba'ath
regime,
and
it
excludes
persons
imprisoned for
some
ategories
of
crimes
associated
with terrorism, kidnapping,
rape,
and
antiquities smuggling.
This
aw
does
not
apply
to
detainees
held
by
Coalition
Forces
-
n
issue that must
be
resolved
before
the
UNSCR
expires.
The
number
of
Iraqis
currently
held
in
detention
is
a
significant
problem.
The
Government
of
Iraq
recognized this challenge
and
the
Council
of
Representatives
passed
legislation
to
address
the
issue.
The
law is now
in
the
grwss
of
being
implemented
by
theIraqi Judiciary.
Review boardshave
been established
and
tens
of
thousands
of
detainees
have
beenapproved
for
release. However,
the
process
is
moving
very
slowly-understandably,
we
believeresulting in
onIy
a
few
hundred
detainees released
to
date.
Deputy
Prime
Minister
Salih
is
addressing
this
issue
and
hopes
to
clear the backlog
of
releases
in the
near
future.
This
is
an
example
of
a
maturing government
willing
to address the
needs
of
its
citizens
under
the
constraints
of
a
less
than
fully
functioning court
system.
7.
Enacting
and
impIementing
laws
ondisarmament.
Unsatisfactory
Militias
md
other
med
actions
outside
of
government
control
continue
to constitute
a
threat
to
peace
and
security
in
Baghdad
and
across
Iraq.
There has been progressonSunni
armed
nsurrectionists
in
the
eastern
and northern
ring around BaghdadasCoalition
Forces
move
into
new
areas. Some
former
members
of militias
and
other
armed
groups
are
also
cooperating with
the
Coalitionand
Iraqi
Security
Forces
as
Sons
of
Iraq
(Sol).
WhiletheShi'a are represented
in
the
SO1
they
are
a
minority presence (probably
less
than
20%).
As
a
sign of
progress
towards
achieving the
benchmark,
Prime
Minister Maliki recently issued astatementcalling
on
all militias
to
disarm
and
stating
thatpolitical parties
with
associated
militias
cannot
participate
in
the
provincial
electionsscheduled
for
October.
The
ultimate
impact
of
this
declaration
is
as
of
yet
unclear.
8.
Establish
political,
media,
economic,and services
committees
o
support
Baghdad
Security
Plan.
Satisfactory
3
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BUT
UNCLASSIFIED
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