Kirkuk status referendum

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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]

Contents

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.

The Iraqi Constitution

Disputed areas in Iraq according to Article 140:
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Disputed and part of the Kurdish Regional Government since 1991.
Disputed and in part under the control of central government, although this area has diminished since the events of 2014. Disputed areas in Iraq.svg
Disputed areas in Iraq according to Article 140:
  Disputed and part of the Kurdish Regional Government since 1991.
  Disputed and in part under the control of central government, although this area has diminished since the events of 2014.

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:

  • 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.

In 2005, a permanent Constitution was approved which referred back to the TAL and set a deadline of the end of 2007 for completion:

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]

De-Arabization

"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]

Position of Iraqi parties

The Sadrist Movement called for the referendum to be postponed in June 2007. [14]
Supreme Islamic Iraqi Council: In July 2007 they were reported to have supported a delay. [15]
Massoud Barzani, Kurdistan Democratic Party head has said that a delay of three to four months would be acceptable. [15] In September 2007, a news agency reported that the Kurdish parties had agreed a postponement to May 2008. However, Barzani said that failure to implement the law would "result in real civil war". [13]
The Iraqi National Dialogue Front called for a delay in June. [14]
The Iraqi Accord Front proposed a delay in June, by way of an amendment to the Constitution of Iraq [15]
Saadeddin Arkej, the leader of the Iraqi Turkmen Front said in June that they aimed to save Kirkuk as the capital of Iraqi Turkmens or at least earn it a special status. [16]

International reactions

Mediation

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]

See also

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References

  1. Iraqi Council of Ministers Presented to the Parliament by Prime Minister Nuri al-Maliki Archived 1 October 2013 at the Wayback Machine www.export.gov/Iraq
  2. 1 2 Iran pleases Ankara, irks Kurds with call for Kirkuk poll delay, The New Anatolian , 2007-11-08, accessed on 1 March 2008
  3. "Kirkuk, Other Iraq Issues to Be Delayed". Archived from the original on 16 September 2017. Retrieved 20 December 2007.
  4. Iddon, Paul. "Iraqi Kurdistan in disarray after the loss of Kirkuk". alaraby. Retrieved 31 October 2017.
  5. 1 2 Iraq: Kurds warn against delaying Kirkuk Referendum RadioFreeEurope/RadioLiberty
  6. "President of Iraqi Kurdistan says independence vote is due to failure of unity". The National. Retrieved 31 October 2017.
  7. "Kurdistan referendum commission reveals four-language sample ballot". Rudaw. Retrieved 31 October 2017.
  8. Kirkuk's Article 140: Expired or Not?, Nazar Janabi, Washington Institute for Near East Policy, 31 January 2008
  9. Kurds, Arabs Maneuver Ahead of U.N. Report on N. Iraq Washington Post, April 17, 2009
  10. Turkish special rep. to Iraq brings documents showing "Barzani bribes" to the US, Hurriyet , 2007-04-11, accessed on 14 September 2007
  11. Iraq's justice minister resigns, BBC , 2007-03-31, accessed on 14 September 2007
  12. Profile of New Head of Iraqi Commission on Normalization of Kirkuk Status Archived 6 October 2007 at the Wayback Machine , BBC Monitoring via IndustryWatch, 2 August 2007 accessed on 5 August 2007
  13. 1 2 3 Iraq: Kirkuk Referendum Likely To Be Delayed, Radio Free Europe , 2007-09-13, accessed on 14 September 2007
  14. 1 2 Muqtada: Postpone Kirkuk Referendum, Sawt al-Iraq translated by Informed Comment, 2007-06-10, accessed on 10 June 2007
  15. 1 2 3 Sectarian disputes delay constitution, Gulf News, 2007-07-09, accessed on 9 July 2007
  16. Turkmen Front delegation in New York, wants special status for Kirkuk, The New Anatolian, 2007-06-29, accessed on 17 August 2007
  17. Saudi Arabia offers Kurds 2 billion dollars to give up Kirkuk Archived 20 March 2008 at the Wayback Machine , Middle East Online, 2007-04-03, accessed on 1 March 2008
  18. Iraqi Kurds await U.N. regional recommendations Archived 16 July 2011 at the Wayback Machine , Kurdish Globe, 12 August 2008