Member State of the Arab League |
Constitution |
Iraqportal |
The Kirkuk status referendum was the Kirkuk part of a planned plebiscite to decide whether the disputed territories of Northern Iraq should become part of the Kurdistan Region. The referendum was initially planned for 15 November 2007, [1] but was repeatedly delayed [2] [3] and ultimately never took place. [4]
The referendum was mandated by Article 140 of the Constitution of Iraq. Article 140 required that before the referendum, measures had to be taken to reverse the Arabization policy employed by the Saddam Hussein administration during the Al-Anfal Campaign. Thousands of Kurds returned to Kirkuk following the 2003 U.S. invasion of Iraq. The referendum was to decide whether enough had returned for the area to be considered Kurdish. [5]
Kurdish resentment over the government's failure to implement Article 140 was one of the reasons for the 2017 Kurdistan Region independence referendum, [6] which posed the question, "Do you want the Kurdistan Region and the Kurdistani areas outside the Region to become an independent state?" [7] The referendum led to episodes of Iraqi–Kurdish conflict and the government takeover of Kirkuk.
Following the invasion of Iraq in 2003 by the United States, the country was under the direct rule of the United States-appointed Coalition Provisional Authority, with advice from selected Iraqi leaders who sat on the Iraqi Governing Council. The IGC approved an interim constitution, the Law of Administration for the State of Iraq for the Transitional Period (Transitional Administrative Law, TAL), which established the framework for the drafting and approval of a permanent constitution.
The TAL included specific clauses providing for the return of and compensation for forced migrants and for the "resolution of disputed territories including Kirkuk" through arbitration:
- 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 Kirkuk, 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 Kirkuk, 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.
In 2005, a permanent Constitution was approved which referred back to the TAL and set a deadline of the end of 2007 for completion:
- 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 accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), by a date not to exceed 31 December 2007.
— Article 140, Constitution of Iraq
In late 2007, the U.N. Special Representative for Iraq negotiated an extension of the deadline for six months. However, the federal parliament decided to refer the matter to the Constitutional Court to rule whether the article was now expired or how it should be implemented. [8]
"We shall accept a solution for Kirkuk worked out by the parties inside the city and oppose any solution imported from outside parties that are enemies to the Kurdish people's experiment."
Najat Hassan Karim, senior Kurdish politician. [9]
The government of Nouri al-Maliki appointed a "Commission on the Normalisation of the Status of Kirkuk" to implement the de-Arabization program. The Justice Minister, Hashim Abderrahman al-Shibli, a secular Sunni Arab from the secular Iraqi National List coalition was appointed the head. A program of normalisation was to be followed by a census by July 2007 and a referendum in November 2007.
In April 2007, Turkish intelligence sources claimed that Kurdistan President Barzani had "offered bribes to various Iraqi officials" involved in the Commission, including $500,000 to al-Shibli. [10] Turkey claimed that Kurdistan was planning to annex Kirkuk illegally, and that the rights of Iraqi Turkmen would be violated if Kirkuk joined Kurdistan Region.
Shibli resigned as head of the Commission in March 2007, citing disagreements with his own coalition on Kirkuk. [11] Raed Fahmy Jahid, another Sunni Arab from the INL was appointed his replacement in August 2007. [12]
In February 2007, the Commission adopted a controversial plan, which gave Sunni Arabs $15,000 to relocate back to their towns of origin, plus a plot of land in their new home. [13]
In September 2007, it was reported that the normalization program had been bogged down in technical difficulties. The Kurdish parties were reported to have agreed a delay to the timetable for the census and referendum. [13]
In June 2008 the UNAMI head, Staffan de Mistura recommended that the Akra District and Makhmour District of Ninawa Governorate should be incorporated into Kurdistan but that the al-Hamdaniya area of Ninawa Governorate and the Mandali area of Diyala Governorate be excluded. These recommendations were rejected by the Council of Representatives of Iraq. [18]
Kirkuk is a city in Iraq, serving as the capital of the Kirkuk Governorate, located 238 kilometres north of Baghdad. The city is home to a diverse population of Kurds, Iraqi Turkmens and Arabs. Kirkuk sits on the ruins of the original Kirkuk Citadel which sits near the Khasa River.
Iraqi Kurdistan or Southern Kurdistan refers to the Kurdish-populated part of northern Iraq. It is considered one of the four parts of Greater Kurdistan in West Asia, which also includes parts of southeastern Turkey, northern Syria, and northwestern Iran. Much of the geographical and cultural region of Iraqi Kurdistan is part of the Kurdistan Region (KRI), a semi-autonomous region recognized by the Constitution of Iraq. As with the rest of Kurdistan, and unlike most of the rest of Iraq, the region is inland and mountainous.
Kurdistan Region is a semi-autonomous administrative entity within the Republic of Iraq. It comprises four Kurdish-majority divisions of Arab-majority Iraq: the Erbil Governorate, the Sulaymaniyah Governorate, the Duhok Governorate, and Halabja Governorate. The KRI is bordered by Iran to the east, by Turkey to the north, and by Syria to the west. It does not govern all of Iraqi Kurdistan, and lays claim to the disputed territories of northern Iraq; these territories have a predominantly non-Arab population and were subject to the Ba'athist Arabization campaigns throughout the late 20th century. Though the KRI's autonomy was realized in 1992, one year after Iraq's defeat in the Gulf War, these northern territories remain contested between the Kurdistan Regional Government and the Government of Iraq to the present day. In light of the dispute, the KRI's constitution declares the city of Kirkuk as the capital of Iraqi Kurdistan. However, the KRI does not control Kirkuk, and the Kurdistan Region Parliament is based in Erbil. In 2014, when the Syria-based Islamic State began their Northern Iraq offensive and invaded the country, the Iraqi Armed Forces retreated from most of the disputed territories. The KRI's Peshmerga then entered and took control of them for the duration of the War in Iraq (2013–2017). In October 2017, following the defeat of the Islamic State, the Iraqi Armed Forces attacked the Peshmerga and reasserted control over the disputed territories.
Iraqi–Kurdish Autonomy Agreement of 1970 was an agreement, which the Iraqi government and the leader of the Kurdistan Democratic Party Mustafa Barzani reached on March 11, 1970 in the aftermath of the First Iraqi–Kurdish War. It stipulated the creation of an Autonomous Region, consisting of the three Kurdish governorates and other adjacent districts that have been determined by census to have a Kurdish majority. The plan also gave Kurds representation in government bodies, to be implemented in four years. For its time it was the most serious attempt to resolve the long-running Iraqi–Kurdish conflict.
The first government of Iraq led by Prime Minister Nouri al-Maliki took office on May 20, 2006 following approval by the members of the Iraqi National Assembly. This followed the general election in December 2005. The government succeeded the Iraqi Transitional Government which had continued in office in a caretaker capacity until the new government was formed and confirmed.
Minorities in Iraq have been incredibly influential to the history of the country, and consist of various ethnic and religious groups. The largest minority group is the Kurds, with Turkmen following shortly after. Prior to the 2003 invasion of Iraq, Assyrians constituted a population of 1.5 million, and belonged to various different churches such as the Assyrian Church of the East, Chaldean Catholic Church, and the Syriac Orthodox/Catholic Churches. Other minority groups include Armenians, Mandaeans, Baha'i, among others.
Kurdification is a cultural change in which people, territory, or language become Kurdish. This can happen both naturally or as a deliberate government policy.
The Iraqi Turkmen, also referred to as Iraqi Turks, Turkish-Iraqis, the Turkish minority in Iraq, and the Iraqi-Turkish minority are Iraq's third largest ethnic group. They make up to 10%–13% of the Iraqi population and are native to northern Iraq. Iraqi Turkmen share ties with Turkish people, and do not identify with the Turkmen of Turkmenistan and Central Asia.
The government of Iraq has established a committee to consider a proposed amendment to the Constitution of Iraq.
The Kurdistan Democratic Party, usually abbreviated as KDP or PDK, is the ruling party in Iraqi Kurdistan and the senior partner in the Kurdistan Regional Government. It was founded in 1946 in Mahabad in Iranian Kurdistan. The party states that it combines "democratic values and social justice to form a system whereby everyone in Kurdistan can live on an equal basis with great emphasis given to rights of individuals and freedom of expression."
The Iraqi–Kurdish conflict consists of a series of wars, rebellions and disputes between the Kurds and the central authority of Iraq starting in the 20th century shortly after the defeat of the Ottoman Empire in World War I. Some put the marking point of the conflict beginning to the attempt by Mahmud Barzanji to establish an independent Kingdom of Kurdistan, while others relate to the conflict as only the post-1961 insurrection by the Barzanis.
The disputed territories of northern Iraq are regions defined by article 140 of the Constitution of Iraq as being Arabised during Baath Party rule in Iraq. Most of these regions are inhabited by non-Arabs, including Kurds, Assyrians, Yazidis, Turkmens/Turkomans, and Shabaks.
The Iraqi Kurds are the second largest ethnic group of Iraq. They traditionally speak the Kurdish languages of Sorani, Kurmanji, Feyli and also Gorani.
An independence referendum for the Kurdistan Region of Iraq was held on 25 September 2017, with preliminary results showing approximately 92.73 percent of votes cast in favour of independence. Despite reporting that the independence referendum would be non-binding, the autonomous Kurdistan Regional Government (KRG) characterised it as binding, although they claimed that an affirmative result would trigger the start of state building and negotiations with Iraq rather than an immediate declaration of independence of Kurdistan. The referendum's legality was rejected by the federal government of Iraq and the Federal Supreme Court.
Between 1968 and 2003, the ruling Arab Socialist Ba'ath Party of the Iraqi Republic perpetrated multiple campaigns of demographic engineering against the country's non-Arabs. While Arabs constitute the majority of Iraq's population as a whole, they are not the majority in parts of northern Iraq, and a minority in Iraqi Kurdistan. In an attempt to Arabize the north, the Iraqi government pursued a policy of ethnic cleansing, killing and forcefully displacing a large number of Iraqi minorities—predominantly Kurds, but also Turkmen, Yazidis, Assyrians, Shabaks and Armenians, among others—and subsequently allotting the cleared land to Arab settlers. In 1978 and 1979 alone, 600 Kurdish villages were burned down and around 200,000 Kurds were deported to other parts of Iraq.
Parliamentary elections took place in Kurdistan Region on 30 September 2018 to elect Parliament. The election came a year after a failed bid for independence and left the ruling Kurdistan Democratic Party (KDP) with 45 seats, that positioning it to lead the next regional government. Announcement of the results was delayed for three weeks. The KDP's historic rival and junior coalition partner in government, the Patriotic Union of Kurdistan (PUK), was in second place with 21 seats. The results suggest that Masoud Barzani’s KDP will take a dominant position in Kurdish politics.
The Battle of Kirkuk (2017), part of the 2017 Iraqi–Kurdish conflict, was a military deployment by the Iraqi Security Forces to retake Kirkuk Governorate from the Peshmerga after the latter ignored repeated warnings to withdraw, sparking clashes between the two forces. The advance began on 15 October 2017, with the city of Kirkuk being retaken the following day. Iraqi central government forces continued their advances in subsequent days, routing the Peshmerga forces across vast swathes of territory in northern Iraq.
The 2017 Iraqi–Kurdish conflict, also known as the Kirkuk crisis, was a conflict in which the Iraqi government retook disputed territories in Iraq which had been held by the Peshmerga since ISIL's Northern Iraq offensive in 2014. The conflict began on 15 October 2017 after tensions arising from the Kurdistan Region independence referendum of 25 September. The tension between the federal Iraqi government and Kurdistan Region escalated into conflict when the Peshmerga ignored repeated warnings to return Kirkuk to Iraqi government forces. Part of the conflict was the Battle of Kirkuk, when Iraqi forces routed Peshmerga forces from the city in a surprise dawn-offensive, marking the beginning of clashes.
The 2023 unrest in Kirkuk was an incident involving Arab, Kurdish and Turkmen residents of the city of Kirkuk, Iraq. It began on 26 August 2023, after a building that used to be the headquarters of the Kurdistan Democratic Party was about to be transferred back to the former. Two days later, on 28 August, Arab and Turkmen residents of Kirkuk staged a sit-in in front of the building to prevent its transfer as well as blocked the main road between Erbil and Kirkuk. In response, pro-KDP Kurds iniated counter-protests as well as demanded the opening of the blocked road. The protests were lethally suppressed by Iraqi security forces leading to the deaths of four Kurdish protesters. The transfer of the building was halted by the Supreme Court of Iraq.
The Arabization of Kirkuk began in Ba'athist Iraq in the 1960s. In line with the wider Ba'athist Arabization campaigns in northern Iraq, the Iraqi government worked to alter the demographic composition of the Kirkuk Governorate by ethnically cleansing non-Arabs—mainly Kurds, but also Turkmen and Assyrians, among others—and replacing them with Arab settlers. This campaign peaked under the rule of Iraqi president Saddam Hussein, who sought to ensure Arab control over northern Iraq, especially during the Iran–Iraq War. Although the Ba'ath Party was toppled by the 2003 invasion of Iraq, the issue of Arabization in non-Arab regions has persisted and caused tensions between the Iraqi government in Baghdad and the autonomous Kurdistan Region, as attested by the cancelled Kirkuk status referendum and the 2017 Kurdistan Region independence referendum, which triggered the 2017 Iraqi–Kurdish conflict.