Background
Article 140 was developed in the period following the fall of the Ba'ath regime in 2003, during a time of political transition in Iraq. [7] It emerged as part of efforts to establish a new legal and constitutional framework for the country, aimed at addressing longstanding disputes over territories affected by the previous government's Arabization policies. These policies had altered the demographic composition of several northern provinces, contributing to tensions between the Kurdish population and other ethnic groups. Article 140 sought to provide a legal mechanism to address these historical grievances and promote equitable treatment of affected communities. [8] [9]
The drafting of the 2005 Iraqi Constitution included Article 140 as a late addition, reflecting the contentious nature of territorial governance. The article addressed the status of areas affected by demographic changes resulting from Ba'athist Arabization policies. [10] [11]
These policies shifted the demographic balance in favor of Arab populations and caused large-scale displacement, contributing to a volatile environment that continues to affect Iraqi politics. [12]
As part of the Constitution, the implementation of Article 140 has been delayed and has encountered practical and administrative obstacles. [13] Successive Iraqi governments have not fully carried out their constitutional obligations, resulting in ongoing tensions between the central government in Baghdad and the Kurdistan Regional Government in Erbil. Analysts suggest that the delays are due to the complex nature of the article rather than solely legal obstacles. [14]
Delays
The implementation of Article 140 has faced continual delays since 2006. [19] Although the article was intended to be completed by the end of 2007, even the initial phase was not fulfilled by that deadline. Successive Iraqi governments have not fully met their obligations under the provision, which has prolonged tensions in the disputed areas. During this period, neither the Iraqi government nor the Kurdistan Regional Government assumed full responsibility for the development of Kirkuk. [20] [21]
Political disputes between Erbil and Baghdad have hindered the execution of Article 140, resulting in delays that have persisted for more than a decade. These disputes have involved disagreements over procedures, voter eligibility, and administrative responsibilities, complicating efforts to implement the article effectively.
Legal interpretations of Article 140 have contributed to ongoing uncertainty regarding its implementation. The Federal Supreme Court of Iraq has ruled that the article remains legally binding and must be executed regardless of previous delays. The court has also issued opinions concerning the regulatory framework associated with the article. These interpretations have been invoked by various political actors to support differing positions, leading to continued ambiguity and limited progress in resolving the disputed territories. [22] [23]
2017 referendum
The regions mentioned in Article 140 were included in the 2017 Kurdistan independence referendum by the Kurdistan Regional Government as part of efforts to address disputes over their status. The disputed areas covered by Article 140 include districts such as Kirkuk, Makhmur, Khanaqin, and Sinjar. Their participation outside the autonomous region indicated unresolved issues and tensions over Article 140. [24]
The 2017 referendum weakened efforts to implement Article 140, as tensions between Baghdad and the Kurdistan Regional Government led to reduced political will for its enforcement. [25] [26]
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