Kerkuk belongs to Turkmen
Dr. Muhammad Shamsaddin Megalommatis
October 22, 2008
In this article, I publish further parts of this comprehensive paper to which many scholars and activists have contributed; more specifically, in this article are included the chapter on Key Iraqi Legal Documents, as well as Extracts and Overviews of Contributions (by Sheth Jerjis - SOITM Chairman, Marino Busdachin - UNPO General Secretary, Ana Maria Gomes MEP - Member of the European Parliament, Muzaffer Arslan - Advisor on Turkmen Affairs to the President of Iraq). In forthcoming articles, I will complete the publication of the insightful document that highlights only a part of the gravely problematic aspects of the colonial construction Iraq.
Kerkuk Problem and Article 140: Defining Alternatives - The Views of Kerkuk´s Turkmen and Arabs
Conference Report
23 June 2008 - European Parliament, Brussels
The Iraqi Turkmen Human Rights Research Foundation (SOITM)
The Unrepresented Nations and Peoples Organization (UNPO)
With assistance from:
The office of Ms. Ana Maria Gomes, Member of European Parliament
Key Iraqi Legal Documents
Article 58 of the Transitional Administrative Law for Iraq states:
(A) The Iraqi Transitional Government, and especially the Iraqi Property Claims Commission and other relevant bodies, shall act expeditiously to take measures to remedy the injustice caused by the previous regime´s practices in altering the demographic character of certain regions, including Kerkuk, by deporting and expelling individuals from their places of residence, forcing migration in and out of the region, settling individuals alien to the region, depriving the inhabitants of work, and correcting nationality. To remedy this injustice, the Iraqi Transitional Government shall take the following steps:
(1) With regard to residents who were deported, expelled, or who emigrated; it shall, in accordance with the statute of the Iraqi Property Claims Commission and other measures within the law, within a reasonable period of time, restore the residents to their homes and property, or, where this is unfeasible, shall provide just compensation.
(2) With regard to the individuals newly introduced to specific regions and territories, it shall act in accordance with Article 10 of the Iraqi Property Claims Commission statute to ensure that such individuals may be resettled, may receive compensation from the state, may receive new land from the state near their residence in the governorate from which they came, or may receive compensation for the cost of moving to such areas.
(3) With regard to persons deprived of employment or other means of support in order to force migration out of their regions and territories, it shall promote new employment opportunities in the regions and territories.
(4) With regard to nationality correction, it shall repeal all relevant decrees and shall permit affected persons the right to determine their own national identity and ethnic affiliation free from coercion and duress.
(B) The previous regime also manipulated and changed administrative boundaries for political ends. The Presidency Council of the Iraqi Transitional Government shall make recommendations to the National Assembly on remedying these unjust changes in the permanent constitution. In the event the Presidency Council is unable to agree unanimously on a set of recommendations, it shall unanimously appoint a neutral arbitrator to examine the issue and make recommendations. In the event the Presidency Council is unable to agree on an arbitrator, it shall request the Secretary General of the United Nations to appoint a distinguished international person to be the arbitrator.
(C) The permanent resolution of disputed territories, including Kerkuk, shall be deferred until after these measures are completed, a fair and transparent census has been conducted and the permanent constitution has been ratified This resolution shall be consistent with the principle of justice, taking into account the will of the people of those territories.
Source:
http://www.cpa-iraq.org/government/TAL.html]
Article 140 of the Iraqi Constitution states:
First: The Executive Authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law.
Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this constitution, provided that it completes (normalization and census and concludes with a referendum in Kerkuk and other disputed territories to determine the will of their citizens), in a period not to exceed (the thirty first of December two thousand and seven).
Source:
http://www.iraqigovernment.org/Content/Biography/English/consitution.htm]
Extracts and Overviews of Contributions
Sheth Jerjis - SOITM Chairman
Mr. Sheth Jerjis is the Chairman of the Iraqi Turkmen Human Rights Research Foundation (SOITM) and a member of the Iraqi Turkmen delegation to the Unrepresented Nations and Peoples Organization (UNPO). He was previously a member of the Steering Council for the Iraqi Turkmen Cultural and Solidarity Association in Izmir, and has also served as Secretary of the Iraqi Turkmen Cultural Foundation in the Netherlands. Mr. Jerjis focused on the historical and political misrepresentation of Turkmen in Iraq which contributed to the marginalization of Iraqi Turkmen in recent general and local elections.
Dr. Jerjis opened by noting the fertility of the Kerkuk region, including oil reserves, natural gas and sulphur. While Kerkuk is a resource rich city, noted Dr. Jerjis, it has suffered from a lack of development. The city is stricken with ill-developed infrastructure, municipal serves and urbanization asserted Dr. Jerjis. Furthermore he continued, demographic changes have drastically altered Kerkuk´s landscape. The resulting marginalization of the Iraqi Turkmen, he cited, has been fuelled by principles of non-democracy and extremism.
The time is right for us as Iraqis to adopt the principles of democracy and work to spread the culture of human rights."
Dr. Jerjis asserted that a Kurdish nature in Kerkuk has been superimposed on the city; one that has been reinforced by modern Western literature. "Large numbers of Western publications, even some academic sources, of the later half-century had almost imposed the Kurdish nature over the Kerkuk region and even over the city of Kerkuk."
Authors and journalists such as William Safire, Luke Harding, Lolke van der Heide and Robert Soeterik, cited Dr. Jerjis, have inaccurately described Kerkuk as a historically and traditionally Kurdish region. These misrepresentations or "misleading information" in Western literature, continued Dr. Jerjis, has played a significant role in complicating the current Kerkuk problem.
Dr. Jerjis noted writers continued to overestimate the Kurdish population in the region and underestimate the Turkmen population, with Cecil John Edmonds being the first notable author to grossly miscalculate the Kurdish population in the early 20th century.
According to Dr. Jerjis the 1957 Iraq census quoted the Turkmen population in Iraq to be 136.200, an estimated 2 percent of the general population. Contrary to these statistics, affirmed Dr. Jerjis, other Iraq experts considered the Turkmen population size in Kerkuk city to be just over 50 percent. As such, "the statistics of the census of 1957 related to Kerkuk province should be considered unreliable."
This census data has had serious affects on the subsequent elections in Iraq since its occupation asserted Dr. Jerjis. Given these inaccuracies, "any election in Iraq will be exposed to huge manipulations; the large numbers of irregularities will be unavoidable and the size or the errors in the election results certainly renders the outcomes illegal."
Furthermore Dr. Jerjis noted, the "later Iraqi general election was administered mainly by the Kurdified administration." As a result Kurdish parties won an overwhelming disproportionate amount of government seats in areas with multi-ethnic populations. This has contributed to the marginalization of the Turkmen and other communities as well as increased Kurdish influence in the region noted Dr. Jerjis. He highlighted the change of Arabic and Turkmen city names and signboard to Kurdish names, as well as the increased unemployment among non-Kurdish communities.
Dr. Jerjis elaborated on the increasing Kurdish influence in several districts and cities, including Khanaqin. He noted the cities Khanagin and Kifri were an almost equally mixed city of Turkmen and Kurds in the 1950s, however today Kurds constitute approximately 70 percent of the cities´ population and 80 percent of city council seats in Khanaqin and 100 percent of seats in Kifri.
Erbil, continued Dr. Jerjis, was once a Turkmen dominated city, yet is now roughly 75 percent Kurdish, with the 41 members of its city council distributed between two Kurdish parties.
Dr. Jerjis concluded by asking European authorities to be more active in their policies towards Iraq, calling on them to abandon their passivity and "start to intervene directly to stop the human rights violations" in Iraq.
Marino Busdachin - UNPO General Secretary
Mr. Marino Busdachin is the current General Secretary of the Unrepresented Nations and Peoples Organization (UNPO). He has spent decades campaigning for human, civil and political rights, focusing especially on Eastern Europe and the Soviet Union. Mr. Busdachin spoke of the need to address the Kerkuk problem with new perspectives coupled with inclusive political dialogue and firm political will.
Mr. Busdachin highlighted the increasing international attention on the situation of Kerkuk, with the plight of Kerkuk´s marginalized parties securing an increasingly significant position in international dialogue. It remains vital to recognize noted Mr. Busdachin, "such policy debates need to be coupled with firm political will to implement solutions." Unfortunately this will has been considerably lacking asserted Mr. Busdachin, and without this will any discussions, conferences or seminars will remain purely academic.
Taking into consideration the continued postponement of the referendum in Kerkuk and the mounting frustrations of all parties involved, the time is ripe to re-approach the dilemma with different perspectives."
Mr. Busdachin quoted a philosophy of the Founding Fathers of the European Union which states if a solution to a problem cannot be found, then one needs to change the context of the issue. He further called upon those present at the conference to take heed of this advice when discussing the future of Kerkuk.
Mr. Busdachin noted the multiethnic nature of Kerkuk and the situation of multiple groups vying for influence and control. Given these realities Mr. Busdachin suggested policy-makers consider a system of governance which includes administrative divisions as a feasible option to quell tensions.
Such systems have been successful in Trieste, South Tirol, Catalonia and Corsica. In all of these cases diversity was managed through a community oriented approach. Smaller political units were created which are able to cater to the needs of the community more effectively than a more centralized, top-heavy administration. A key factor in the stability of these regions is the strengthening and support of local economies, which ultimately fosters a significant level of fiscal independence."
In whatever approach is adopted Mr. Busdachin stressed the necessity of engaging all parties – Arabs, Chaldo-Assyrians, Kurds and Turkmen – in dialogue.
The European Parliament is a particularly apt stage upon which to continue this work, as Europe´s own laws on the rights of minorities rank amongst the most developed in the world. Substantial and effective dialogue, linked with firm political will are cornerstones to hurdling the obstacles surrounding Kerkuk."
Mr. Busdachin concluded that Article 140 of the Iraqi Constitution should be considered a failed legislative act. An order by law, argued Mr. Busdachin, is needed in order to fully implement Article 140. Mr. Busdachin therefore urged Iraqi authorities to consider implementing such an order, so as to reduce further deterioration of the already dire situation in Kerkuk and to finally end the question of Article 140.
Ana Maria Gomes MEP - Member of the European Parliament
Ms. Ana Maria Gomes is a Portuguese Member of the European Parliament and part of the Parliamentary Socialist Group. Ms. Gomes is a member of the Committee on Foreign Affairs and sits as the Vice-Chairwoman of the Subcommittee on Security and Defence. She spoke on the increasing pragmatism of Kerkuk leaders when addressing the strained Kerkuk situation.
Ms. Gomes spoke of her recent visit to northern Iraq in February 2008, noting her impression with the pragmatism among the leadership in the Kurdistan Regional Government (KRG). Ms. Gomes asserted the Kerkuk dispute can and will be solved "peacefully, democratically, based on the Iraqi Constitution and International Law, and on principles that serve the interests of all Iraqis."
Ms. Gomes noted the past atrocities committed against Kurdish peoples in the 20th century such as the horrors of the Anfal campaign and Halabja, as well as the suffering of Turkmen and Christians in the region under the policy of "Arabisation".
Upholding the rule of law is crucial, noted Ms. Gomes. "The Iraqi Constitution is clear about the need for a referendum that will decide the future of Kerkuk." Ms. Gomes admits there are however serious tensions surrounding the Kerkuk issue and "sometimes an election can exacerbate the problem it is supposed to solve."
Avoiding violence and clash between different groups should of course be one of the most important criteria in taking any decision about a referendum in Kerkuk."
Much pragmatism and wisdom is needed from local and regional leaders to avoid further conflict explained Ms. Gomes. She complimented the Kurdish Regional Government for its acceptance of not holding the referendum in 2007 as well as for their acceptance of a greater role of the United Nations Mission in Iraq in solving disputed internal boundaries.
The UN mission has already issued recommendations on four disputed areas to Iraqi President Talabani noted Ms. Gomes and are already underway to issue recommendations for five further areas and then on Kerkuk. Ms. Gomes urged all parties to the Kerkuk dispute to "accept the UN recommendations and to avoid any provocative acts or destabilizing initiatives that might endanger this sensitive process."
Ms. Gomes highlighted developments in KRG rhetoric in early June 2008 which indicate the Kurds are ready to substantially alter their position. She quoted Necirvan Barzani, Prime Minister of the KRG: "In Kerkuk, we Kurds, we are ready for power-sharing. We are pushing for a solution, not especially a referendum. We have asked the UN to be technically involved because the situation is complicated."
Such statements indicate a new willingness to compromise assessed Ms. Gomes, one which should be recognized by other groups involved.
Furthermore Ms. Gomes noted developments in Kurdish-Turkish relations, welcoming an easing of tensions as a positive factor in solving the Kerkuk dispute peacefully.
During her visit to the KRG parliament in Erbil she met with several Turkmen representatives explained Ms. Gomes. "They seemed to be well integrated into the political process there. They saw the inclusion of Kerkuk into the Kurdish Region as an advantage, as it would increase the Turkmen population and, therefore, their electoral base."
Ms. Gomes noted the debates surrounding the future of Kerkuk are not only going on between communities, but are also occurring within the different communities.
The most important principle that needs to guide these debates is that Iraq is now equipped with the institutional and legal tools to solve these disputes peacefully and patiently."
The dictatorship is gone - whatever disputes divide you now, they are relatively small compared to the ethnic cleansing, massive humanitarian catastrophes and violations of human rights that happened under Saddam. It is now for the people of Iraq to learn how to enjoy the fruits of freedom and peace."
Muzaffer Arslan - Advisor on Turkmen Affairs to the President of Iraq H.E. J. Talabani
Dr. Muzaffer Arslan is an advisor on Turkmen Affairs to the President of Iraq H.E. Jalal Talabani, and one of the founders of the Iraqi Turkmen National Party. He serves also as the head of the Iraqi Turkmen delegation to the Unrepresented Nations and Peoples Organization (UNPO). Dr. Arslan outlined the current status-quo in northern Iraq as well as potential actions to alleviate tensions.
Dr. Arslan began by calling upon European institutions, governments and non-governmental organisations to pressure the Kurdish administration as well as the Iraqi and United States governments to abandon their policy of force in northern Iraq and replace it with justice, fairness and equality.
In hopes of avoiding further conflict and strife Dr. Arslan called upon Kurdish Regional Government (KRG) to:
Halt its claims over Kerkuk and other historically Turkmen towns;
Remove its armed militias from northern Iraq;
Insert local administration personnel instead of further Kurdish personnel;
Grant non-Kurdish groups in northern Iraq permission to establish their own self-ruling governments;
Establish an equal partnership between the Kurds, Turkmen and Arabs, with a contingent for Chaldo-Assyrians, in the form of a federation in northern Iraq.
The final request of establishing a federation of the four aforementioned local governments, argued Dr. Arslan, will be marginally more acceptable to all parties involved. "Tolerance, co-existence and respect of others´ rights will bring prosperity, cooperation and peace."
The Turkmen desire the establishment of a Turkmen government that is secular, peaceful, democratic and based on human rights and wish others to do the same."
Continuing, Dr. Arslan highlighted the unique composition of northern Iraq, being a multi-ethnic and multi-religious area. An absolute majority of any ethnic group does not exist, explained Dr. Arslan.
Reliable census data for Iraq has not existed since the end of World War I noted Dr. Arslan. Furthermore northern Iraq has been heavily impacted by demographic change and forced migration, underlined Dr. Arslan, since the fall of Saddam Hussein in 2003. He highlighted the cases of Erbil and Kerkuk, stressing their historical importance as Turkmen cities, the government sponsored in-migration of Kurds and the resulting Kurdish population majorities.
Dr. Arslan lamented on the use of force in northern Iraq, claiming it to be the means for Kurdish authorities to incorporate new territories into KRG. Article 140 of the Iraqi Constitution, noted Dr. Arslan, has legally expired since a referendum was not held before December 2007.
Dr. Arslan reiterated the Turkmen´s pre-World War I role as a ruling elite in Iraq as well as their penchants towards non-violence and establishing justice, peace and stability in the region.
Given these circumstances, argued Dr. Arslan "the ideal administration for the North [of Iraq] would be in the form of equal partnership between the three major ethnicities, the Kurds, the Turkmen and the Arabs" with participation of the Chaldo-Assyrians. If the Kurds are entitled to self-government noted Dr. Arslan, then the other ethnicities in northern Iraq should be granted the same entitlement.
The reality, admitted Dr. Arslan, is the domination of Kurdish control in northern Iraq, including domination over government and public life, the army, police, municipalities, economy, resources and public services. Dr. Arslan asserted that instead of an equal partnership there exists severe discrimination against the Turkmen, Arabs and other groups.
Dr. Arslan criticized the KRG of aggressively manipulating northern Iraq´s landscape by bringing thousands of Kurdish families into the region and purportedly providing them with false identity cards and land titles, thereby claiming them to be the original habitants driven by Saddam from these lands. Moreover Dr. Arslan offered claims of manipulation and election tampering which further contributed to northern Iraq´s current status-quo.
On behalf of all Iraqi Turkmen Dr. Arslan called upon the United Nations to intervene more actively in northern Iraq and to act as an arbitrator in the conflict.
Note
Picture: Turkmen protesting against the cruel colonial plans of arabization of Mesopotamia
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