On August 31, Al-Sharq al-Awsat published a leaked version of the nearly completed text US-Iraqi security (SOFA) agreement. That text was dated August 4. Raed Jarrar of the American Friends Service Committee worked over the weekend providing a full translation into English, which you can read on AFSC’s website, here.
Great work, Raed!
Yesterday, Raed also blogged a translation of an important interview with Iraqi parliament Speaker Dr. Mahmoud al-Mashhadani explaining that the Iraqi parliament must ratify any such agreement– but why, in fact, it is quite unable to do that at this time.
So there is a sort of unreal aspect to all the discussion of clauses and sub-clauses in the draft “text” of the treaty. (As I have been arguing here for a long time now. Most recently, here.)
Indeed, the Iraqis side has had the “upper hand” in the negotiations for at least the past 2-3 months. All the talk in the US political elite about the US being able to ram the US’s “conditions” down the throats of the Iraqis is just that– talk. It has zero basis in reality.
Still, there are a number of mildly interesting points in the August 6 negotiating draft. Most of them come toward the end. And most are the points where lack of agreement is still indicated, rather than agreement.
For example, this:
- Article Twenty Seven
Contract Validity
1- This agreement is valid for (…) years unless it is terminated earlier based on a request from either sides or extended with the approval of both sides.
Oops. Is that the John McCain “100 year” agreement– or maybe just a three-month agreement? They haven’t figured that one out yet!
Or this:
- Article Twenty Six
Targeted times to handover complete security responsibilities to the Iraqi security forces, and withdrawal of U.S. forces from Iraq
Iraqi Suggestion: the Iraqi delegation has suggested the following title to this article:
Transferring security responsibilities to Iraqi authorities, and the withdrawal of the U.S. forces from Iraq
U.S. Suggestion: the U.S. delegation has suggested combining paragraphs 1 and 2 as follows:
1- Both sides have agreed on the following time targets to handover complete security responsibilities to the Iraqi security forces and the withdrawal of the U.S. forces from Iraq:
A- U.S. combat troops will withdraw from Iraq completely at the latest on (…)
B- U.S. forces will withdraw from all cities, towns, and villages at latest by June 30, 2009 unless the Iraqi authorities request otherwise.
Note: the head of the U.S. delegation offered to accept the new title only if their combined paragraph is accepted, and he linked the two as one deal
Plenty of work for the lawyers there, eh? But then, later in Article 26 comes this:
- 6- U.S. forces may withdraw from Iraq before the dates indicated in this article if either of the two sides should so request. Both sides recognize the Iraqi government’s sovereign right to request a withdrawal of U.S. forces at anytime.
Article 23 is interesting:
- Article Twenty three
Extending this agreement to other countries
1- Iraq may reach an agreement with any other country participating in the Multi-National forces to ask for their help in achieving security and stability in Iraq.
2- Iraq is permitted to reach an agreement that includes any of the articles mentioned in this agreement with any country or international organization to ask for help in achieving security and stability in Iraq.
I wonder, in the second clause there, if the agreement would allow Iraq to reach a similar kind of agreement with its friendly large neighbor Iran?
… Well, as I note above, there is an unreal air to this whole exercise. I quite agree with Raed when he writes in his blog:
- Politically, the majority of Iraq’s MPs are against signing any agreements with the US as long as the US is occupying Iraq. It’s impossible for the Maliki government to get the approval of a simple majority of MPs, let alone 2/3 majority.
I think the US government should consider a different type of agreement with Iraq: an agreement for a complete withdrawal that leaves no troops, no mercenaries, and no permanent bases (and no 5,000 employees embassy either.)
Quite right. And just what I’ve been arguing consistently for, for many years now… And devising semi-detailed plans for, too.
One final point. Most Iraqi parliamentarians have been quite forthright in pursuing their rights, as an elected legislative body, to have rights of ratification before any international agreement of such great impact for the country goes into effect. Back in October 2002, the members of the US legislature faced imminent legislative elections and in those circumstances proved themselves easily cowed by a bellicose and overbearing administration… And they simply rolled over and gave the president the widest possible authorization to conduct any kind of operations against Iraq up to and including a full-blown war of invasion and occupation.
Which is how we got to where we are in Iraq, in the first place.
This fall, in the lead-up to yet another momentous round of US elections, let’s hope the members of the US Congress keep their heads and don’t allow themselves to be cowed into giving the president any permissions for either war-making or occupation-prolongation, such as would later turn out to be dangerous traps for our country.