The ongoing political process
150. The United Iraqi Alliance (a Shia list endorsed
by Grand Ayatollah Ali Sistani) took 48% of the vote, giving it
140 seats in the 275-member Assembly; the Kurdistan Alliance (a
coalition bringing together the two main Kurdish parties) took
26% (75 seats); and the Iraqi List (led by interim Prime Minister
Iyad Allawi) won 14% (40 seats). Nine other parties shared the
remaining seats. No single party gained the two-thirds majority
required to pass legislation.[210]
The TNA convened for its inaugural session on 16 March.
151. The TNA will elect a state presidency council
comprising a president and two deputies. The council will then
select a prime minister, who will appoint a cabinet; the cabinet
must be approved by the TNA. At this point the Iraqi Transitional
Government will be sworn in and the Interim Government dissolved.
The TNA will then begin work on drafting the constitution. Under
the provisions of the TAL, the deadline for the constitution is
15 August (there is a provision for one six-month extension of
the deadline); it will be submitted to a referendum by 15 October.
If the Constitution is approved, elections for a permanent government
will be held no later than 15 December and the new Government
assume office no later than 31 December 2005.[211]
152. Under the TAL, if the referendum rejects the
draft permanent constitution, the National Assembly will be dissolved
and elections for a new National Assembly held no later than 15
December 2005. The new National Assembly and new Iraqi Transitional
Government will take office no later than 31 December 2005, and
will continue to operate under the TAL.[212]
153. The low turnout in Sunni areas has prompted
concerns over the inclusiveness of the political process. We have
already noted the fact that the Sunni community's sense of dispossession
is one factor feeding into the insurgency.[213]
Joost Hilterman wrote to us about the importance of efforts to
expand the political process:
For the sake of the country's stabilisation, every
effort should be made to bring a broad spectrum of Sunni Arab
political actors into the political process and institutions through
the back door. They want participation in the army and security
services, the cabinet, the ministries, and the committee that
will be charged with drafting the constitution. They also want
a reversal of de-Ba'athification (though they might agree to the
creation of a fair screening mechanisms to weed out those with
blood on their hands). Leaders of the United Iraqi Alliance (reportedly
strongly backed in this approach by Ayatollah Sistani) have publicly
reached out to their Sunni Arab brethren, and some Sunni Arab
leaders have suggested they might be willing to re-join the political
and, especially, the constitutional process. These are encouraging
signs but the obstacles are many.[214]
Challenges facing the new Government
154. The success of the election offers a window
of opportunity for progress on the political process, accompanied
as it has been by an outpouring of hope for the future. However,
Iraq's future remains fraught with difficulties and uncertainty.
Joost Hilteman wrote to us about the prospects of the Transitional
Government:
Whatever government that emerges from the January
elections is certain to have a good deal more legitimacy than
the Allawi-government
But much will depend on (1) how effective
the new government will be in delivering essential services, (2)
how effective it will be in curbing corruption rather than thriving
on it, and (3) how capable it will be of distancing itself from
US/UK tutelage, lest it also be tarnished with the "proxy"
label that undermined its predecessor.[215]
155. The writing of the Constitution will also be
critical to the political future of Iraq and put the new Government
and Assembly to the test. In our last Report in this inquiry we
noted the agreement of the TAL in March 2004 and commented that
it was a remarkable achievement.[216]
The TAL outlined the system of government, role of religion and
rights of the Iraqi people. The political system is defined as
republican, federal, democratic and pluralistic. Islam is the
official religion of the state and "a" source of legislation.
Federalism is based on geography, history and the separation of
powers and not ethnicity or sect. The Kurdistan Regional Government
is recognised as an official regional government within a unified
Iraq.[217] According
to its provisions, the TAL will "remain in effect until the
permanent constitution is issued and the new Iraqi government
is formed in accordance with it.[218]
156. Two key challenges will be to find a federal
formula that satisfies the Kurds' aspirations for self-government
without risking the break up of Iraq and an agreement on the role
of Islam in Iraq. Gareth Stansfield wrote to us about Kurdish
political aspirations:
The Kurds are the most politically and militarily
organized of Iraq's political actors, and are now on the verge
of consolidating their hold on the north of Iraq. For most Kurds,
they now do not consider themselves to be Iraqis, and there is
now a popular ground-swell of support for Kurds to seek independence.
The Kurdish leadership is more moderate, and seeks autonomy within
Iraq, but the levels of autonomy being demanded are extensive.[219]
An unofficial referendum on Kurdish independence
was conducted outside northern polling stations on 30 January.
157. It was Kurdish concerns that led to the inclusion
in the TAL of a 'veto clause' whereby if three provinces vote
by two-thirds or more against the draft constitution it will fail.
Kurds make up the majority in three provinces in the north of
the country and the cause has become known as the 'Kurdish veto'.
Despite the agreement of the TAL, the clause has since been rejected
by members of the United Iraqi Alliance and many Sunnis are also
known to oppose it.[220]
There have been calls for the clause to be amended or even scrapped
before the constitution is finalised According to the TAL, it
can only be amended by a three-quarters majority in parliament.
Paradoxically, what began life as a safeguard for the Kurds may
in future be seen as a safeguard for the Sunni community.
158. Several of our witnesses have warned us about
the risk of Kurdish secession if their aspirations for autonomy
are not met:
The levels of autonomy they envisage would include
them to be able to veto Iraqi law from being implemented in Kurdistan,
and also bar the Iraqi army from being located in the north. For
the Kurdish parties, any attempts to block them from achieving
these levels of autonomy could be met with an attempt to secede
from the state. It is presumed that, in such a scenario, Turkey
would intervene to prevent this. However, with Turkey now more
concerned about joining the EU, it is questionable whether it
would involve itself militarily in the affairs of Iraq.[221]
The division of Iraqi oil revenues will be critical
to any federal solution to this issue.
159. The status of Kirkuk is particularly problematic
and has prompted fears over sectarian conflict. Under Saddam Hussein,
a policy of 'Arabisation' was pursued in Kirkuk in an attempt
to alter the population balance and ensure the loyalty of the
region. This involved the displacement of tens of thousands of
Kurds and Turkomans from Kirkuk and the surrounding villages.
Those who were not driven out of Kirkuk were encouraged to "change
their ethnic designation to Arab".[222]
At the same time, Arabs were encouraged to settle in Kirkuk.
160. Recent events in Kirkuk have prompted fears
about ethnic tension. Since the end of the war, many displaced
Kurds and Turkomans have returned to Kirkuk and the surrounding
area, often being forced to live in conditions of deprivation
and squalor. This is altering the city's demographic balance.
The International Organization for Migration (IOM) reported in
September 2004 that 12,135 Kurdish and 3,925 Turkoman families
had moved back to Kirkuk and its environs, the majority settling
in the city.[223] This
is having serious consequences for the demographic balance in
Kirkuk. This issue was brought to the fore in the recent election:
The most dangerous provincial election took place
in Kirkuk governorate. Here Kurds swamped the polls and swept
to victory, facing opposition only from the minority Turkomans
(Arabs stayed away). The Kurds now control the provincial council
in addition to the security apparatus and the administration (directorates),
while they are increasing their numbers and enjoy US military
protection. Sectarian animosities in Kirkuk are now so strong
that a small spark could ignite sectarian violence; Arabs and
Turkomans are known to have started arming themselves, but they
would likely be outnumbered and overpowered by the Kurds.[224]
Under the TAL, a permanent resolution of the situation
in Kirkuk is to be postponed until after the permanent constitution
has been agreed.[225]
Neil Partrick told us that this "reflected the desire to
obscure a key difference between Kurdish and Shia representatives."[226]
161. The role of Islam included in the constitution
will also be controversial. The formulation achieved in the TAL
was widely praised, but there is no guarantee that this will make
it into the new constitution. Gareth Stansfield told us about
the difficulties over this issue:
The position stated in the Transitional Administrative
Law (TAL) of March 2004 is that Islam will be a source of legislation.
It is essential that it remains 'a' rather than 'the'. The two
leading Shi'i parties (the Supreme Council for Islamic Revolution
in Iraq - SCIRI) and al-Da'wa, have both had a long history of
pursuing an Islamic state, and it is only in recent years that
this more moderate language has been used by them. Many non-Shi'i,
or secular, Iraqis fear that the recent electoral success of the
Shi'i United Iraqi Alliance (UIA) will embolden the Shi'i leaderships
to move back to a more religiously conservative position. The
Shi'i also do not support the notion of Iraq becoming a federal
state, but are keen to maintain the integrity of a unitary system.
The Kurds oppose the notion of Islam having a position in the
laws of the state, but have accepted it as 'a' source of legislation,
as long as they have a power of veto in their region.[227]
There are concerns that the adoption of an Islamist
constitution could have a destabilising effect.
The role of the international community
162. It is critical for the legitimacy and independence
of the new Iraqi political institutions that the United Kingdom
and United States do not interfere in the ongoing political process.
These difficult issues must be resolved by the Iraqis themselves.
Nevertheless, there is a role for the international community.
The FCO wrote to us about this:
UNSCR 1546 gives the UN a supporting role in the
constitutional process, if requested by the TNA. We and other
members of the international community, such as the EU, also stand
ready to offer support if asked
The international community
must now rally behind the Transitional Government, its institutions
and, working with the UN and other international organisations,
do all it can to support the political and reconstruction processes
and help develop the Iraqi Security Forces.[228]
163. In our last Report in this inquiry we noted
the critical role that the UN played in the interim political
process and the importance of its continued engagement in Iraq.[229]
We noted the provisions for security protection for the UN in
UNSCR 1546: "The letter from US Secretary of State Colin
Powell attached as an annex to UNSCR 1546 says that: "the
MNF is prepared to establish or support a force within the MNF
to provide for the security of personnel and facilities of the
United Nations."[230]
164. The FCO wrote to update us on the security protection
afforded to the UN in Iraq:
Under the provisions of UNSCR 1546, there is a distinct
force under MNF command providing security to the UN presence
in Iraq. Protection is formed by three concentric rings a) an
inner ring comprised of a Fijian guard force (155 troops) and
personal security details for the Special Representative of the
UN Secretary General, Qazi b) a middle ring UN protection force
providing convoy protection and perimeter security to UN facilities
and c) outer ring security provided by the Multi-National Force
(MNF). The UK and US are currently providing middle ring protection
while UN protection forces deploy. President Iliescu announced
in November that Romania would provide an infantry company of
100 troops for UN protection. Similarly Georgia has also agreed
to increase its troop commitments from 159 to 850 with the additional
troops being deployed for UN protection.[231]
165. Despite these provisions, the poor security
situation continues to preclude the return of the UN in significant
numbers. Nevertheless, the UN will have a crucial role to play
in assisting the constitutional process, arranging the referendum
and organising general elections following the constitution's
adoption.
166. In addition to encouraging and assisting the
UN to play a greater role in Iraq, the United Kingdom and its
international partners could also provide assistance in other
areas. Joost Hilterman wrote to us about the role of the international
community in addressing the situation in Kirkuk:
The United States has contented itself with telling
the Kurds it insists on Iraq's territorial integrity and with
preventing major violence from breaking out. It has failed so
far, however, to formulate a pro-active policy to accommodate
the concerns of all communities in Kirkuk, including the return
of displaced Kurds and Turkomans and the fate of those brought
in by the previous regimes as part of a strategy of Arabisation.
Under the interim constitution (the Transitional Administrative
Law) the question of Kirkuk was excluded (specifically postponed)
from the drafting of the permanent constitution. However, if,
in determining the nature of Iraq's political structure, the drafters
of the constitution reach a decision to establish a federal Kurdish
region, they will have to delineate the boundaries of such a region;
this will inevitably raise the issue of Kirkuk. More insidiously,
in the absence of a political settlement in Kirkuk and a passive
US attitude, the Kurds are able to continue to "create facts"
on the ground, thereby upsetting the delicate political balance
in the governorate and making a peaceful solution more difficult.[232]
Dr Hilterman proposed appointing a UN Special Rapporteur
for Kirkuk and possibly of a UN Supervisor with powers to impose
law.[233]
167. The FCO wrote to us about the work it is doing
to prevent a serious escalation in tension in Kirkuk. One of the
roles of the British Embassy Office in the north of Iraq is to
"facilitate dialogue among the different communities and
to help develop constructive ideas to build inclusive political
institutions in this most ethnically diverse part of the country."[234]
This work involves regular contact with Kurdish and other political
leaders. The Global Conflict Prevention Pool is a potential source
of funding for conflict prevention efforts in Kirkuk (it has already
provided £38,000 to support the creation of an Independent
Media Resource Centre in Kirkuk, led by an ethnically mixed Media
Commission).[235]
168. We conclude that it is essential that the
international community, and especially the US and United Kingdom,
refrain from interfering in Iraqi politics and decision making.
Nevertheless, there is an important role for the international
community in Iraq. We recommend that the Government do all it
can to facilitate the UN's role in Iraq, both in terms of providing
security assistance in Iraq and through support in the Security
Council. We further recommend that the Government consider the
case for a UN Special Rapporteur to Kirkuk.
Bilateral relations
169. The United Kingdom is represented in Iraq through
the Embassy in Baghdad and Consulates-General in Basrah and Kirkuk.
In its response to our last Report, the FCO updated us on the
size of the United Kingdom's diplomatic presence: "The Embassy
has 105 staff, including DFID consultants and police and defence
advisers. The Consulate-General in Basrah consists of 94 staff,
including police and prison advisers and DFID consultants. The
mission in Kirkuk is a one-man post."[236]
170. Given the security situation, the safety of
British personnel is a key concern. In its response to our last
Report, the Government told us:
The Government is taking all steps possible to ensure
the safety of our personnel in Iraq. We have provided secure compounds
for our missions in Baghdad and Basrah, which are located in the
"International Zones" in both cities. The missions are
guarded by trained Armor Group personnel. Outside the international
zones, our staff travels in armoured vehicles under the protection
of trained personnel from Control Risks Group. There is a dedicated
security manager at each post. The FCO Overseas Security Adviser
visits both posts regularly and his recommendations have been
put into effect. Our one-man mission in Kirkuk is located in a
well-guarded US compound.[237]
171. The constraints imposed by the security situation
also have consequences for the effectiveness of the British Embassy.
We heard from our witnesses about the problems this presents.
Damien McElroy told us:
They are tremendously hamstrung by the security situation.
They cannot physically leave an area about two miles square without
a personal protection team and when you think about the logistics
of just making an appointment outside the office, well, if you
are going to want to make an approach to someone, in many cases
they do not have an extensive list of contacts and they rely on
people coming to them rather than them getting out to meet people.[238]
172. We recommend that the Government provide
an update in its response to this Report on the current status
of the United Kingdom's diplomatic presence in Iraq and on the
security provisions for the safety of personnel. We conclude that
the effectiveness of the United Kingdom's Embassy and Consulates-General
is hindered by the limits on movement imposed by security considerations,
but that the safety of personnel is paramount. There are also
issues of continuity given the short postings of many of those
in Iraq. We recommend that the Government set out in its response
to this Report what steps it is taking to enhance the effectiveness
of the United Kingdom's diplomatic presence in Iraq and to ensure
continuity of policy and approach.
133 HC (2003-04) 441-I, paras
5-6. Back
134
"Iraq car bombing causes carnage", BBC News Online,
28 February 2005. Back
135
HC (2003-04) 441-I, paras 4-8. Back
136
The elections are discussed in more detail in paras 145-49. See
also Ev 64. Back
137
"Wave of suicide attacks puts Shia message of restraint to
test", Financial Times, 21 February 2005. Back
138
"Archbishop abducted in Iraq", BBC News Online,
18 January 2005. Back
139
"A military solution means more violence", Tribune,
25 February 2005. Back
140
Ev 30-31 Back
141
Ev 64 Back
142
Q 2 [Karadaghi] Back
143
"Strengthening Iraqi Military and Security Forces",
Anthony Cordesman, CSIS, 17 February 2005, available at:
www.csis.org Back
144
HC (2003-04) 441-I, paras 9-10; and HC (2003-04) 81, para 25. Back
145
Ev 133 Back
146
Ev 65 Back
147
We discuss the presence in Iraq of al Qaeda in more detail in
paras 16-22. Back
148
Uncorrected transcript of oral evidence given to the Liaison Committee,
8 February 2005, to be published as HC 318-I, Q 5. Back
149
"PM meets the Iraqi Prime Minister", 19 September 2004,
available at: www.number-10.gov.uk Back
150
Ev 132 Back
151
Ev 133 Back
152
Ibid. Back
153
HC (2003-04) 441-I, para 42 Back
154
Ev 133 Back
155
Qq 16-17 [Karadaghi] Back
156
"Mosul: Northern powder-keg?", BBC News Online,
21 December 2004. Back
157
Ev 133 Back
158
Ev 134 Back
159
"A military solution means more violence", Tribune,
25 February 2005. Back
160
"Talking with the enemy", Time, 28 February 2005. Back
161
Q 27 [McElroy] Back
162
HC (2003-04) 81, para 96. Back
163
HC (2003-04) 441-I paras 89-95 Back
164
Foreign and Commonwealth Office, Response of the Secretary
of State for Foreign and Commonwealth Affairs, September 2004,
Cm 6340, para 67. Back
165
HC (2003-04) 441-I, paras 55-64.; and HC (2003-04) 81, paras 94
& 106. Back
166
HC (2003-04) 441-I, para 64 Back
167
Corrected transcript of oral evidence given to the International
Development Committee, 18 February 2005, to be published as HC
244-I, Q 101 Back
168
Ibid., Q 137 Back
169
Ibid., Q 137 Back
170
HC (2003-04) 441-I, paras 35-41. Back
171
Ev 65 Back
172
"Special Defense Department Briefing on Iraq Security Forces",
Lieutenant General David Petraeus, Commander, Multinational Security,
4 February 2005, available at: www.defenselink.mil Back
173
Uncorrected transcript of oral evidence given to the Liaison Committee,
8 February 2005, to be published as HC 318-I, Q13; and HC Deb,
31 January, col 575. Back
174
"Iraqis" Readiness Disputed in Hearing", The
Washington Post, 20 January 2005. Back
175
"US Department of Defense News Briefing", 3 February
2005, available at: www.defenselink.mil/transcripts Back
176
HC Deb, 10 January 2005, col 4 Back
177
"Iraqis" Readiness Disputed in Hearing", The
Washington Post, 20 January 2005. Back
178
"Section 2207 Report on Iraq Relief and Reconstruction",
Quarterly Update to Congress, 2207 Report, Bureau of Resource
Management, 5 January 2005, available at: www.state.gov Back
179
"Strengthening Iraqi Military and Security Forces",
Center for Strategic and International Studies, 17 February 2005. Back
180
Ev 65 Back
181
Ev 136-7 Back
182
Ev 133 Back
183
HC (2003-04) 441-I, paras 18-20; and HC (2003-04) 81, para 28. Back
184
Q 27 [Karadaghi] Back
185
"Syria "gave up" brother of Saddam", BBC
News Online, 27 February 2005. Back
186
Ev 81-82 Back
187
Mujaheddin-e-Khalq Back
188
HC Deb, 1 March 2005, col 799. Back
189
Ev 65 Back
190
HC (2003-04) 441-I, paras 21-26; and HC (2003-04) 81, para 37. Back
191
Ev 56 Back
192
"US Coalition sees allies step up pace of pull-out",
The Financial Times, 27 January 2005; "Ukraine announces
Iraq pull-out", BBC News Online, 10 January 2005;
"Portuguese police back from Iraq", BBC News Online,
10 February 2005; "Hungary announces Iraq pull-out",
BBC News Online, 3 November 2004 Back
193
"US and Europe unite on Iraq aid", BBC News Online,
22 February 2005. Back
194
"US gives up search for Iraq WMD", BBC News Online,
12 January 2005 Back
195
"Report concludes no WMD in Iraq", BBC News Online,
7 October 2004. Back
196
HC 318-I, 8 February 2005, Q 9 Back
197
Ev 115 Back
198
Ev 87 Back
199
HC (2003-04) 441-I, paras 131-138 Back
200
"US troops lower profile in fighting Iraqi insurgents",
Financial Times, 24 February 2005. Back
201
HC 318-I, 8 February 2005, Q 9 Back
202
HC (2003-04) 441-I, para 96-127 Back
203
"Iraq Out-of-Country Voting Program", IOM, 4 February
2005, available at: www.iraqocv.org Back
204
"Shia coalition wins 48% of Iraq vote to end the Sunni domination",
Financial Times, 14 February 2005; and "A military
solution means more violence", Toby Dodge, Tribune,
25 February 2005. Back
205
Ev 134 Back
206
HC Deb, 31 January 2005, col 574. Back
207
"Iraq: Electoral Fact Sheet", UN, available at: www.un.org/news/dh/infocus/iraq/election-fact-sht.htm#electsupport Back
208
"First Report: Preliminary Assessments of January 30 Election
Process", International Mission for Iraqi Elections (IMIE),
available at: www.imie.ca Back
209
"IMIE Publishes Preliminary Assessments of Iraqi Elections",
International Mission for Iraqi Elections (IMIE) Press Release,
30 January 2005, available at: www.imie.ca Back
210
"Shia coalition wins 48% of Iraq vote to end the Sunni domination",
Financial Times, 14 February 2005. Back
211
"Iraqi Election", BBC News Online, 13 February
2005. Back
212
"Law of the Administration for the State of Iraq for the
Transitional Period", 8 March 2004, Article 61. Back
213
See paras 104-09. Back
214
Ev 134 Back
215
Ev 134 Back
216
HC (2003-04) 441-I, para 98 and p3. Back
217
Ibid., p43. Back
218
"Law of the Administration for the State of Iraq for the
Transitional Period", 8 March 2004, Article 62. Back
219
Ev 136 Back
220
"Clash over "Kurdish veto" looms in Iraq",
Financial Times, 19 February 2005 Back
221
Ev 137 Back
222
"Iraq: Allaying Turkey"s Fears over Kurdish Ambitions",
International Crisis Group, 26 January 2005, available at: www.icg.org Back
223
"Iraq: Allaying Turkey"s Fears over Kurdish Ambitions",
International Crisis Group, 26 January 2005, available at: www.icg.org Back
224
Ev 135 Back
225
"Law of the Administration for the State of Iraq for the
Transitional Period", 8 March 2004, Article 58c. Back
226
Ev 91 Back
227
Ev 136 Back
228
Ev 64 Back
229
HC (2003-04) 441-I, para 111-15 Back
230
Ibid., para 119 Back
231
Ev 66 Back
232
Ev 135 Back
233
Ibid. Back
234
Ev 82 Back
235
Ibid. Back
236
Foreign and Commonwealth Office, Response of the Secretary
of State for Foreign and Commonwealth Affairs, September 2004,
Cm 6340. Back
237
Ibid. Back
238
Q 30 [McElroy] Back