Order Code RS21968
Updated June 24, 2008
Iraq: Reconciliation and Benchmarks
Kenneth Katzman
Specialist in Middle Eastern Affairs
Foreign Affairs, Defense, and Trade Division
Summary
Iraq’s current government, the result of a U.S.-supported election process designed
to produce democracy, continues to be riven by sectarianism and factional infighting.
However, the Administration says that the passage of some key laws in 2008 represents
major progress on national reconciliation and that planned provincial elections will help
heal remaining communal rifts. See CRS Report RL31339, Iraq: Post-Saddam
Governance and Security, by Kenneth Katzman.
Elections and Constitutional Referendum in 2005
After about one year of occupation, the United States handed sovereignty to an
appointed Iraqi government on June 28, 2004. In line with a March 8, 2004, “Transitional
Administrative Law” (TAL), the first election (January 30, 2005) was for a 275-seat
transitional National Assembly (which formed an executive), provincial councils in all
18 provinces (41 seats per council; 51 for Baghdad), and a Kurdistan regional assembly
(111 seats). The election system was proportional representation (closed list): voters
chose among “political entities” (a party, a coalition of parties, or persons); 111 entities
were on the national ballot, of which nine were multi-party coalitions. Sunni Arabs (20%
of the overall population) boycotted, winning only 17 Assembly seats, and only one seat
on Baghdad’s council. Radical Shiite cleric Moqtada Al Sadr, then at odds with U.S.
forces, boycotted the elections, leaving his faction under-represented on provincial
councils in the Shiite south and in Baghdad. The resulting interim government placed
Shiites and Kurds in the most senior positions, although Sunnis were Assembly speaker,
deputy president, a deputy prime minister, and six ministers, including defense. The
presidency went to Patriotic Union of Kurdistan (PUK) leader Jalal Talabani and Da’wa
(a Shiite party) leader Ibrahim al-Jafari became Prime Minister.
Permanent Constitution. The elected Assembly was to draft a constitution by
August 15, 2005, to be put to a referendum by October 15, 2005, subject to veto by a two-
thirds majority of voters in any three provinces. On May 10, 2005, the Assembly
appointed a 55-member drafting committee, including only two Sunni Arabs (15 Sunnis

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were later added as full members and 10 as advisors). In August 2005, the talks produced
a draft, providing for: a December 31, 2007, deadline to hold a referendum on whether
Kirkuk (Tamim province) will join the Kurdish region (Article 140); designation of Islam
“a main source” of legislation and prohibiting laws from contradicting the “established”
provisions of Islam (Article 2);1 setting a 25% electoral goal for women (Article 47);
allowing families to choose which courts to use for family issues such as divorce and
inheritance (Article 41); making only primary education mandatory (Article 34); and
including Islamic law experts and civil law judges on the federal supreme court (Article
89). Many women opposed the two latter provisions as giving too much discretion to
males of their families, and Islamic extremists in Iraq purportedly cite these provisions
to impose restrictions against women. It made all orders of the U.S.-led occupation
authority (Coalition Provisional Authority, CPA), applicable until amended (Article 126),
and established a “Federation Council” (Article 62), a second chamber with its size and
powers to be determined by subsequent law (not passed to date).
The major disputes — which continue — centered on regional versus central power.
The draft permitted two or more provinces together to form new autonomous “regions”
— reaffirmed in passage of an October 2006 law on formation of regions. Article 117
allows each “region” to organize internal security forces, legitimizing the fielding the
Kurds’ peshmerga militia (allowed by the TAL). Article 109 requires the central
government to distribute oil and gas revenues from “current fields” in proportion to
population, and gives regions a role in allocating revenues from new energy discoveries.
Disputes over these concepts continue to hold up passage of national hydrocarbons
legislation — Sunnis dominated areas of Iraq have few proven oil or gas deposits, and
favor centralized control of oil revenues. The Kurds want to maintain maximum regional
control of their own burgeoning oil sector.
With contentious provisions unresolved, Sunnis registered in large numbers (70%-
85%) to try to defeat the constitution, prompting a U.S.-mediated agreement (October 11,
2005) providing for a panel to propose amendments within four months after a post-
December 15 election government took office (Article 137), to be voted on within another
two months (under the same rules as the October 15 referendum.) The Sunni provinces
of Anbar and Salahuddin had a 97% and 82% “no” vote, respectively, but the constitution
was adopted because Nineveh province only voted 55% “no,” missing the threshold for
a “no” vote by a two-thirds majority in three provinces.
December 15, 2005 Elections. In the December 15, 2005, elections for a
four year government, a formula was adopted to attract Sunni participation; each province
contributed a predetermined number of seats to a “Council of Representatives” (COR).
Of the 275-seat body, 230 seats were allocated this way, with 45 “compensatory” seats
for entities that would have won additional seats had the constituency been the whole
nation. 361 political “entities” registered, of which 19 were multi-party coalitions. As
shown in the table below, voters chose lists representing their sects and regions, and the
UIA and the Kurds again dominated the elected COR. The COR was inaugurated on
March 16, 2006, but wrangling ensued and Kurdish and other opposition caused the UIA
to agree to another Da’wa figure, Nuri Kamal al-Maliki, as Prime Minister. On April 22,
the COR approved Talabani to continue as president, and selected his two deputies —
1 [http://www.washingtonpost.com/wp-dyn/content/article/2005/10/12/AR2005101201450.html].

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Adel Abd al-Mahdi (incumbent) of the Islamic Supreme Council of Iraq (ISCI) and Tariq
al-Hashimi, leader of the Consensus Front. Another Consensus Front figure, the
hardline Mahmoud Mashhadani (National Dialogue Council party), was chosen COR
speaker. Maliki won a COR vote for a 37-member cabinet (including himself and two
deputy prime ministers) on May 20, 2006. Three key slots (Defense, Interior, and
National Security) were not filled permanently until June 8 because of infighting. Of the
37 posts, there were 19 Shiites; 9 Sunnis; 8 Kurds; and 1 Christian. Four were women.
Iraqi Performance on Benchmarks and Reconciliation
In August 2006, the Administration and the Iraqi government agreed on a series of
“benchmarks” that, if adopted and implemented, might promote political reconciliation.
Under Section 1314 of a FY2007 supplemental appropriation (P.L. 110-28), “progress”
on eighteen political and security-related benchmarks — as assessed in Administration
reports due by July 15, 2007 and then September 15, 2007 — were required for the United
States to provide $1.5 billion in Economic Support Funds (ESF) to Iraq. The President has
used the waiver provision. The law mandated a separate assessment by the GAO, by
September 1, 2007, of the degree to which the benchmarks have been achieved, as well
as an assessment of the Iraqi security forces (ISF) by an outside commission (headed by
ret. Gen James Jones). Results, as well as subsequent actions and implementation, are
shown in the chart below.
Iraq’s communities remain sharply divided over their relative positions in the power
structure. The Administration, as expressed in the April 8 and 9, 2008, testimony of U.S.
Ambassador to Iraq Ryan Crocker, is seeing movement toward reconciliation, facilitated
by a reduction in violence attributed largely to the U.S. “troop surge.” The February 13,
2008 passage (unanimously, with 206 members voting) of two significant laws (amnesty
law and provincial powers law) and the 2008 national budget represented a breakthrough,
although U.S. officials say that the effects will depend on implementation. Others’
assessments, including a June 2008 study by the Government Accountability Office
(GAO-08-837) say that these legislative moves have had limited effect in healing the rifts
among Iraq’s major communities. Splits include that between Iraq Kurds and Iraq’s
Arabs (both Sunni and Shiite), and within the Shiite community in the form of the often
violent power struggle between ISCI and the Da’wa Party on the one side, and Sadr
faction on the other. The budget had been help up over Iraqi Arab assertions that the 17%
revenue allocation to the Kurdish region was too generous — a figure already agreed to
in previous budgets. The Kurds accepted a national census to determine long term
percentage allocations for the Kurds. Many Iraqi Arabs say that a new flag was adopted
(January 22, 2008) only because of Kurdish pressure and some factions refuse to fly it.
There is also a growing split within the Sunni community between the established
political parties and the tribal leaders who, as of 2007, have cooperated with U.S. forces
to expel the tribal leaders’ former allies, Al Qaeda in Iraq, from Sunni areas.
The Administration also asserts that the Maliki government is becoming stronger and
more capable in 2008, emerging from weakness in 2007 caused by a pullout of the cabinet
by the Consensus Front, the Sadr faction, and the bloc of former Prime Minister Iyad al-
Allawi. Those withdrawals left the cabinet with about 13 vacant seats out of a 37 seat
cabinet. Of those three have since been filled by new appointments and one returning
Minister (Ali Baban, Minister of Planning). The Consensus Front has been negotiating
since April 2008 to rejoin the cabinet (six seats), but a deal fell through in May 2008

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when Maliki refused to give the bloc some of the important ministerial positions it
wanted, instead offering what the bloc felt were relatively insignificant position such as
Minister of Communications. All blocs have resumed participating in the COR.
A key factor in Maliki’s recent political rise has been his confrontation of fellow
Shiites, in this case the Sadr faction. In late March 2008, Maliki sent about 30,000 Iraqi
Security Forces (ISF) to Basra to defeat militias (Sadr’s Jaysh al-Mahdi, or JAM, Fadhila
Party, and Tharallah militia) in the oil export hub. Major fighting ended with a reported
Iran-brokered ceasefire announced by Sadr on March 30, 2008, which did not require the
JAM to surrender or disarm, and in which 1,300 ISF deserted the fight. Critics viewed
the action as Maliki’s attempts to defeat Sadr in advance of planned provincial elections
in which Sadr’s movement is expected to do well, even though Sadr has announced he
will not field a separate election list but instead support Sadrists on other lists. Sunni and
Kurdish leaders saw the move as an indicator of increased sectarian even-handedness, and
some rallied to Maliki. Subsequently, the ISF has slowly gained control over formerly
JAM controlled areas of Basra, and U.S.-Iraq clashes with the JAM in Baghdad have
tailed off following a May 10, 2008 tentative ceasefire agreement between Maliki and the
Sadr faction. In May and June 2008, Maliki has followed up his successes with
offensives against Al Qaeda in Iraq in Mosul and against pro-Sadr militiamen in Amarah.
Table 1. Election Results (January and December 2005)
Seats
Seats
Bloc/Party
(Jan. 05)
(Dec. 05)
United Iraqi Alliance (UIA, Shiite Islamist). Now 84 seats after departure of
Fadilah (15 seats) and Sadr faction (29 seats) in 2007. Islamic Supreme
Council of Iraq of Abd al-Aziz al-Hakim has 29 seats; Da’wa Party (faction
140
128
of Maliki, and a competing faction) - 25 seats; and independents - 30. Sadr
faction not formally in UIA for January 2005 election.
Kurdistan Alliance - joint list of PUK and Kurdistan Democratic Party
75
53
Iraqis List (secular, Allawi); added Communist and other mostly Sunni
40
25
parties for Dec. vote. Lost two members in December 2007- now 23 seats
Iraq Consensus Front. Main Sunni bloc; not in Jan. vote. Consists of Iraqi
—
44
Islamic Party (IIP) of Tariq al-Hashimi; National Dialogue Council of
Khalaf Ulayyan; and General People’s Congress of Adnan al-Dulaymi.
National Iraqi Dialogue Front (Sunni, led by former Baathist Saleh al-
—
11
Mutlak) Not in Jan. 2005 vote.
Kurdistan Islamic Group (Islamist Kurd) (votes with Kurdistan Alliance)
2
5
Iraqi National Congress (Chalabi). Was part of UIA list in Jan. 05 vote
—
0
Iraqis Party (Yawar, Sunni); Part of Allawi list in Dec. vote
5
—
Iraqi Turkomen Front (Turkomen, Kirkuk-based, pro-Turkey)
3
1
National Independent and Elites (Jan)/Risalyun (Message, Dec) pro-Sadr
3
2
People’s Union (Communist, non-sectarian); on Allawi list in Dec. vote
2
—
Islamic Action (Shiite Islamist, Karbala)
2
0
National Democratic Alliance (non-sectarian, secular)
1
—
Rafidain National List (Assyrian Christian)
1
1
Liberation and Reconciliation Gathering (Sunni, secular)
1
3
Ummah (Nation) Party. (Secular, Mithal al-Alusi, former INC activist)
0
1
Yazidi list (small Kurdish, heterodox religious minority in northern Iraq)
—
1
Number of polling places: January: 5,200; December: 6,200; Eligible voters: 14 million in January election; 15 million
in October referendum and December; Turnout: January: 58% (8.5 million votes)/ October: 66% (10 million)/
December: 75% (12 million).

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Table 2. Assessments of the Benchmarks
July 12
GAO
Sept. 14
Benchmark
Admin.
(Sept.
Admin.
Subsequent Actions
Report
07)
Report
1. Forming Constitutional Review Committee
(S)
unmet
S
CRC continues debating 50 amendments regarding federal vs. regional powers and
(CRC) and completing review
satisfactor
presidential powers; Kurds want Kirkuk issue settled before finalizing amendments.
y
Sunnis want presidential council to have enhanced powers relative to prime minister.
Some progress on technical, judicial issues. Deadlines for recommendations repeatedly
extended, now beyond latest May 2008 deadline.
2. Enacting and implementing laws on De-
(U)
unmet
S
“Justice and Accountability Law” passed Jan. 12 unanimously by 143 in COR present.
Baathification
unsatisfact
Allows about 30,000 fourth ranking Baathists to regain their jobs, and 3,500 Baathists
.
in top three party ranks would receive pensions. But, could allow for judicial
prosecution of all ex-Baathists and to firing of about 7,000 ex-Baathists in post-Saddam
security services, and bars ex-Saddam security personnel from regaining jobs. No
appointments yet to the seven-seat High Commission that will implement the law.
3. Enacting and implementing oil laws that
U.
unmet
U
Framework and three implementing laws stalled over Kurd-Arab disputes; only
ensure equitable distribution of resources
framework law has reached COR to date. Revenue being distributed equitably, and
2008 budget adopted February 13, 2008 maintains 17% revenue for KRG. Reports in
June 2008 say Kurds and central government will resume discussions to move the
legislation forward.
4. Enacting and implementing laws to form
S
partly
S
Regions law passed October 2006, with relatively low threshold to form new regions,
semi-autonomous regions
met
but main blocs agreed that law would take effect April 2008. No active movement to
form new regions yet evident.
5. Enacting and implementing: (a) a law to
S on (a)
overall
S on (a) and
Draft law stipulating powers of provincial governments (and elections by October 1,
establish a higher electoral commission, (b)
and U on
unmet;
(c)
2008) adopted February 13, 2008, took effect April 2008 after dropping of presidential
provincial elections law; (c) a law to specify
the others
(a) met
council objection to Baghdad’s ability to remove provincial governors. Election law
authorities of provincial bodies, and (d) set a
required to implement elections not yet adopted because of differences over election
date for provincial elections
system (Sadr faction wants “open list”), and U.S. estimates 4 - 5 months preparation
(registration, candidate vetting, ballot printing) needed after law is passed. Some of the
nine Higher Election Commission (IHEC) members to be replaced by UNAMI due to
“non-transparent” selection process, despite passage of IHEC law in May 2007.
6. Enacting and implementing legislation
conditions
unmet
Same as
Law to amnesty “non-terrorists” among 25,000 detainees held by Iraq, passed on
addressing amnesty for former insurgents
do not
July
February 13, 2008. Of 17,000 approved for release (mostly Sunnis and Sadrist Shiites),
allow a
only about 1,600 released to date due to slow judicial process. Does not affect 25,000
rating
detainees held by U.S.
7. Enacting and implementing laws on militia
conditions
unmet
Same as
Basra operation, discussed above, viewed by Bush Administration as move against
disarmament
do not
July
militias. On April 9, 2008, Maliki demanded all militias disband as condition for
allow
their parties to participate in October 2008 provincial elections. Law on
rating
disarmament and demobilization stalled.

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CRS-6
July 12
GAO
Sept. 14
Benchmark
Admin.
(Sept.
Admin.
Subsequent Actions
Report
07)
Report
8. Establishing political, media, economic, and
S
met
met
No change. “Executive Steering Committee” works with U.S.-led forces.
services committee to support U.S. “surge”
9. Providing three trained and ready brigades
S
partial
S
No change. Eight brigades were assigned to assist the surge.
to support U.S. surge
10. Providing Iraqi commanders with
U
unmet
Mixed: S to
No significant change. Still some, although diminished, concern over the Office of the
authorities to make decisions, without political
pursue
Commander in Chief (part of Maliki’s office) control over appointments to the ISF -
intervention, to pursue all extremists, including
extremists U
favoring Shiites and excluding many Sunnis. Still, some politically-motivated leaders
Sunni insurgents and Shiite militias
on political
remain in ISF. In the past year, the commander of the National Police has fired over
interference
5,000 officers for sectarian or politically-motivated behavior.
11. Ensuring Iraqi Security Forces (ISF)
U.
unmet
Mixed. S on
Administration interpreted Basra operation as effort by Maliki to enforce law even-
providing even-handed enforcement of law
military, U
handedly, but acknowledges continued militia influence and infiltration in some
on police
units.
12. Ensuring that the surge plan in Baghdad
S
partial
S
No change. Administration sees ISF acting against JAM in Sadr City, and ethno-
will not provide a safe haven for any outlaw,
sectarian violence has fallen sharply in Baghdad.
regardless of sectarian affiliation
13. (a) Reducing sectarian violence and (b)
Mixed. S
unmet
same as July
Sectarian violence continues to drop, but militias still armed, despite Basra operation.
eliminating militia control of local security
on (a); U
12
91,000 Sunni “Sons of Iraq” combating Al Qaeda, but still distrusted as potential Sunni
on (b)
militia forces. Only 20,000 allowed to join ISF to date.
14. Establishing Baghdad joint security stations
S
met
S
No change. Over 50 joint security stations operating, more than the 33 planned.
15. Increasing ISF units capable of operating
U.
unmet
U
Continuing but slow progress training ISF. U.S. officials say ISF likely unable to secure
independently
Iraq internally until 2012; and against external threats not until 2018-2020. Basra
operation initially exposed continued factionalism and poor leadership in ISF, but also
ability to rapidly deploy.
16. Ensuring protection of minority parties in
S
met
S
No change. Rights of minority parties protected by Article 37 of constitution.
COR
17. Allocating and spending $10 billion in
S
partial.
S
An estimated 63% of the $10 billion 2007 allocation for capital projects was spent.
2007 capital budget for reconstruction projects.
Another $18 billion is in 2008 Iraqi budget adopted February 13, 2008.
18. Ensuring that Iraqi authorities not making
U
unmet
U.
Some governmental interference in ISF operations still observed.
false accusations against ISF members

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