From the Beirut Daily Star:
Shiite tribal leaders offer deal to Sadr
Traditional authorities propose that cleric surrenders to them, not American forces
By Annia Ciezadlo
Special to The Daily Star
Monday, May 10, 2004
BAGHDAD: In the monthlong standoff between the US military and outlaw Iraqi cleric Moqtada al-Sadr, a third force has stepped in: Iraq's powerful southern Shiite tribes.
As US troops hover uneasily on the outskirts of Najaf, a broad-based coalition, composed of tribal and religious leaders, has offered Sadr a last chance to leave the Shiite holy city peacefully.
The deal, devised by Iraqis without any US input, requires Sadr to stand trial for the murder of a rival cleric. But it also offers him a way to save face by surrendering to Iraqi tribal authorities instead of to US forces. In exchange, the group will negotiate its own demands with both Sadr and US forces, including withdrawal from Najaf by both sides.
"It's an attempt to solve the legal question, and not just the security question," said Sheikh Fatih Kashif al-Ghitta, a top adviser to Iraq's Governing Council (GC) member Salama al-Khafaji. "And to solve it in a way that doesn't humiliate Moqtada, that doesn't humiliate the Iraqi people, and that doesn't humiliate the Americans."
There are several Iraqi groups trying to resolve the standoff in Najaf. But a senior coalition official, speaking on condition of anonymity, said the tribal proposal was the most viable prospect for defusing the standoff.
"The Iraqi tribes do have the capability to resolve this situation," said the official. "This has the best chance of succeeding."
The group has not yet formally approached the coalition. But they say their proposal has the blessing of revered Shiite cleric Grand Ayatollah Ali Sistani, as well as that of exiled Iraqi Ayatollah Kazim al-Haeri. A student of Baqir al-Sadr, Moqtada's father, Haeri lives in Iran and is widely believed to be Sadr's spiritual mentor.
A month ago, a delegation traveled to Najaf to make its proposal to Sadr. It consisted of about 40 people: 25 Iraqi tribal leaders or sheikhs, five lawyers, five academics and Khafaji - one of two Shiite women on the council. Khafaji took part as a private individual, not as a representative of the US-appointed body, which most Iraqis view as illegitimate.
Meeting with Sadr's deputies in his offices in Najaf, the group delivered the following message: If Sadr agrees to the following conditions, the group will negotiate with the US authorities on his behalf. If he agrees, he will not be able to change the details of the deal. But the group also promises not to compromise on key tenets that provide protection for him. On May 5, an emissary carried the message to Najaf that Sadr had 10 days - until May 15 - to decide.
The details of the deal are as follows:
l The group will not allow Sadr to be "hurt or humiliated."
l Occupation forces present in Najaf must withdraw, and tribal militias will take their place.
l The group will enter into negotiations with the Coalition Provisional Authority to find out "what is really happening" to political prisoners and detainees.
l Sadr must agree that "the law must be first and above everything in Iraq."
l Sadr will not be arrested, but will be placed in the custody of Iraqi tribes. When he goes to trial, Iraqi tribal members will escort him to the proceedings.
l Najaf has to be free of all militi as, and because, it is a holy place, it has to be free of all weapons.
l Sadr's Mehdi Army militia will become an unarmed political and social organization.
l The group promises Sadr that the court "will be made up of fair judges," and offers him the right to approve their names. But he must also agree to abide by the court's decision, no matter what it is.
The plan was originally devised by Khafaji's office and Sheikh Hussein Ali al-Shaalan, head of the Baghdad-based Iraqi National Council of Tribes. The federation of 25 tribes headed by Shaalan includes all the major tribes in southern Iraq, from Basra to Karbala (and even some of Baghdad's outskirts).
Together, those 25 tribes count about 2 million members.
"Moqtada realizes the power of the tribes," said the senior coalition official.
"If the tribes have united against him, then he should realize that it's not just the coalition that's against him."
Coalition officials do not know the exact details of the plan, but are aware of its broad outlines. They say two main demands are not negotiable: That Sadr must stand trial and be judged by Iraqis, and that the Mehdi Army must disarm.
The group says they will not approach the United States authorities unless Sadr agrees to their conditions. "We're not acting as intermediaries," said Ghitta. "We want him to agree. If he agrees, then we will go to the Americans, not with a proposal, but with a demand from the Iraqi people."
If Sadr agrees to the conditions of the proposal, said Khafaji, placing her hand on her heart, then "we will have his problem as ours."
He has until May 15 to decide. "And after that," said Ghitta, "he will be free, and we will be free" - meaning that he would lose the protection of the tribes.
"There are 100 heads of tribes, many with 50 or 60,000 members each, who are now waiting," said Ghitta.
"But they are not going to be waiting forever to see what Moqtada says. And the lawyers and the judges will not just be waiting. And the Americans will not wait either."
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