Turkmen Kerkuk Says No to Arabization, and No to Kurdification
In a previous article under the title ´Freedom for the Forgotten Turkomans (Turkmen) of Iraq´ (http://www.americanchronicle.com/articles/78315), I focused on the Turkoman Vision as presented in a major portal of the Turkmen of Iraq, www.kerkuk.net. In another article entitled ‘Turkmen: Fighting for Freedom, National Independence, and Cultural Integrity in Occupied Iraq’ (http://www.americanchronicle.com/articles/78588), I presented a list of Turkmen organizations, cultural and political, in an effort to highlight the vibrant passion of the Iraqi Turkmen for national integrity and independence.
In two subsequent articles entitled ´Kerkuk and the Turkmen of Iraq´ (http://www.americanchronicle.com/articles/78509) and ‘Kerkuk belongs to Turkmen’ (http://www.americanchronicle.com/articles/78584), I published several parts of a key document "Kerkuk Problem and Article 140: Defining Alternatives - The Views of Kerkuk´s Turkmen and Arabs", a Conference Report that was submitted last June to the European Parliament by the Iraqi Turkmen Human Rights Research Foundation (SOITM) and he Unrepresented Nations and Peoples Organization (UNPO). The two articles comprise following parts of the report: Introduction, The Turkmen of Iraq, Human Rights Violations, Kerkuk – A Brewing Crisis – Key Iraqi Legal Documents – Extracts and Overviews of Contributions by Sheth Jerjis - SOITM Chairman, Marino Busdachin - UNPO General Secretary, Ana Maria Gomes MEP - Member of the European Parliament, and Muzaffer Arslan - Advisor on Turkmen Affairs to the President of Iraq.
In this article, I publish further extracts and overviews of contributions, and details about the Iraqi Turkmen Human Rights Research Foundation (SOITM). In a forthcoming article, 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
Extracts and Overviews of Contributions
Ali M. Sadeq – Member of Kerkuk City Council
Mr. Ali M. Sadeq is a Turkmen member of the Kerkuk City Council. He further sits on the Council’s Security Commission and serves as the Secretary of the Turkmeneli Party. Mr. Sadeq outlined his ‘Kerkuk Region Project’ aimed at normalizing and stabilizing Kerkuk.
"We came here today to find a solution to the problem of Kerkuk and to avoid the war that is about to take place".
Under the policy of "Arabisation" during the 1970s, 1980s and 1990s authorities brought thousands of Arabs into the province to live while at the same time forcing tens of thousands of Turkmen and Kurds to leave Kerkuk described Mr. Sadeq. "Saddam's authorities have also enacted ‘the one direction change in national identity’ law which allows non-Arabs to become Arabs and obliged many non-Arabs, a majority of Turkmen and Kurds, to change their national identity".
Since the collapse of Saddam’s regime, continued Mr. Sadeq, Kurdish political parties have attempted to annex Kerkuk province to the Kurdish region while Kerkuk’s Arabs and Turkmen have remained steadfastly opposed. Both the interim government in Iraq as well as current Iraqi law has failed to provide a solution to the Kerkuk dilemma which fulfils the aspirations of all parties involved noted Mr. Sadeq.
"As we strongly support brotherly and smooth relations between the different ethnic components of Kerkuk, we believe that real and peaceful solutions should be reached to protect the rights of all ethnicities. These solutions should guarantee equality between the different components, and comply with democratic principles in building a new Iraqi state. They should prevent Iraqi people, Arabs, Kurds, Turkmen, and Chaldo-Assyrians from entering into conflicts, clashes and wars which have already inflicted tens of thousands of victims and losses of billions of dollars as well as deterring the progress of Iraq".
In response, stated Mr. Sadeq, the ‘Kerkuk Region Project’ of the Turkmeneli Party was developed. The project aims at normalizing conditions in Kerkuk, stabilizing relations between all major ethnic groups and involving all groups in the process of creating a joint administration explained Mr. Sadeq.
The basic principles of this project are as follows:
- Kerkuk is a region in Iraq consisting of its current administrative borders;
- Kerkuk is a multi-ethnic region consisting of Turkmen, Kurds, Arabs and Chaldo-Assyrians;
- Turkmen, Arabic and Kurdish are the official languages in Kerkuk.
The legislative authority under this project is a parliamentary body consisting of 100 members with 32 seats for the main ethnic groups (Turkmen, Arabs, Kurds) and 4 seats for Chaldo-Assyrians asserted Mr. Sadeq. Eligible candidates must live in the Kerkuk province and at least 25 percent of parliament members should be women continued Mr. Sadeq.
The executive authority of Kerkuk, explained Mr. Sadeq, should consist of a Presidential Council and Council of Ministers. The Presidential Council, he continued, will be composed of a President (Turkmen), First Deputy (Kurdish) and a Second Deputy (Arab).
The Council of Ministers is to perform its executive authority under the supervision of the Presidential Council explained Mr. Sadeq. There should not exceed 13 Ministers noted Mr. Sadeq, with fair representation of ethnic groups taken into consideration when allocating Minister positions. There shall also sit a Prime Minister (Kurdish) together with two deputies (Arab and Turkmen) in this Council asserted Mr. Sadeq.
The development of judicial authority in the region, declared Mr. Sadeq, would be based on fair representation of all ethnic groups and will be based on a multi-tiered court system. The judiciary shall be independent from any authority noted Mr. Sadeq. Additionally, he continued, non-Muslim groups shall have the right to form their own judicial council.
In reference to managing the complex cultural affairs in Kerkuk Mr. Sadeq suggested the following:
"In order to prevent interferences between ethnic components in the management of Kirkuk region cultural affairs, a special administration shall be formed for each ethnic group living in the province and shall be elected by people of the group. These administrations shall handle cultural issues and educational issues. The Turkmen as well as Kurds, Arabs and Chaldo-Assyrians, shall have their administrations in order to provide cultural services to each ethnic group. The size of these cultural services shall be complementary and in harmony with the services provided for each ethnic group within the national framework and to those provided by nearby regions".
Yako Michael Jajjo – Assyrian Foundation
Mr. Jajjo is an author and poet. He is a member of the Assyrian Foundation and the Assyrian Union in the Netherlands. Mr. Jajjo shared with the conference his hopes for unity and dialogue among all Iraqis.
"Let me start with a rhetorical question: Is Kirkuk an Arab, Kurdish, Assyrian, Turkmen, or Ayzidi city? Undoubtedly, the answer is positively all of these names. And, surely, any Iraqi city ought to be characterized as such by definition".
Mr. Jajjo acknowledged the many forms of oppression faced by Kerkuk’s populations throughout history, but noted that efforts to implement Article 140 of the Iraqi Constitution have further exacerbated the situation. He highlighted the lagging efforts to return confiscated lands as one such example of aggravation.
"We are justice seekers and look forward to seeing mutual love and respect between all parties concerned".
It remains vital, pointed out Mr. Jajjo, that in discussions surrounding Kerkuk we must be more specific with our definition of the city. "The ‘Kerkuk’ we are talking about here must be defined; which Kerkuk exactly? Are we considering the city before and after the 1957 census, Kerkuk after 1968, or Kerkuk after Saddam's fall? For, demographically each era has its own peculiarities".
"In all the sources and documents I consulted, I came up with the undisputed conclusion that Kerkuk has been the home of co-existing ethnic Iraqi groups for centuries long, but which is historically an Assyrian city".
Mr. Jajjo continued by stressing the need to work as a unified Iraq and not in the name of ethnic nationalities. "We have gathered here today with good intentions, as a token of calling for a unified Iraq despite the existing ethnic and religious differences. […] So I ask the distinguished delegates that once we leave this auditorium we are supposed not to disclose our ethnic identities as either Arabs, Kurds, Assyrians, Turkmen, Ayzidis, Mandaeans or any other affiliation groups; for we are all required to work together for one peaceful and unified Iraq".
In the opinion of Mr. Jajjo Article 140 cannot halt the current misery and bloodshed in Kerkuk, rather "our unity as citizens of one undivided country is the only safeguard and way out of the dilemma".
Mr. Jajjo noted the existence of Kerkuk as a multi-ethnic city with Turkmen constituting the main population prior to the flourish of the oil industry in the region. Desire for economic wealth via oil and Saddam’s institutionalized "Arabisation" resulted in the re-settlement of thousands of families in Kerkuk, elaborated Mr. Jajjo.
While the international community condemns such acts of manipulating demography stated Mr. Jajjo, it "must equally call for the freedom of Iraqis to settle anywhere they like; for if we restrict this freedom by legislating unjust laws, we will end up with ethnic territories".
Registries of population facts and figures in Kerkuk were falsified, noted Mr. Jajjo, in attempts to re-shape the city’s demographic structure. Using reliable population statistics and estimated population growth rates Mr. Jajjo figures the current numbers the media project regarding the city’s Kurdish population is twice the actual figure.
Furthermore, noted Mr. Jajjo, election manipulation is also present in Kerkuk and other Iraqi cities.
Mr. Jajjo argued paragraph two of Article 140 has not been drafted by Iraqis themselves, but instead by the occupying forces in the nation and does not take the welfare of the Iraqi people into account.
The follow-up commission convened to address Article 140 included representatives from all concerned parties except for the Assyrians, lamented Mr. Jajjo. He continues to explain that only after protest was an Assyrian assigned to the commission, however one which was selected based on political allegiance and not as a legitimate Assyrian representative.
As 31 December 2007 has already passed, Mr. Jajjo considered the Article to be nullified and no longer effective. It would not have been possible for the Article to be effective, noted Mr. Jajjo, given the current occupation and persistent violence in Iraq. "But would any rational human being accept their findings at the time securing data, processing figures, obtaining reliable and fair census figures largely depend on security? Could anyone imagine how far and freely commissioners can walk along the streets and avenues unless they are guarded by a large number of military troops? Can any neutral commission assess accurately the whereabouts of people amid the turmoil prevalent in and around Iraqi cities in the absence of the central government?"
"We, the Assyrians, strongly believe that in the absence of the central government all the calls persistently made by some factions for the implementation of article 140 would only yield unpleasant outcomes. […]
[Ones which] ultimately meet the ends of one group to the exclusion of other groups".
In conclusion Mr. Jajjo called for "intimate and objective dialogue between all parties in order to come up with convincing, unbiased and just resolutions that would safeguard the unity of Kerkuk's people irrespective of their diverse ethnic affiliations".
Lastly Mr. Jajjo suggested Kerkuk be subject to a comprehensive investigation to be carried out by a team of highly qualified academic experts composed of representatives from the entire Iraqi society.
"Such a sincere call is based on our conviction that Kirkuk has never been the home of solely one ethnic group for over the bygone centuries. Diversity in this city has remained a positive landmark which all Iraqis are proud of. […] Kerkuk must remain a symbol of co-habitation and unity for all Iraqis".
Mohammed Khalil Nasef – Member of Kerkuk City Council and Article 140 Committee
Mohammed Khalil Nasef is an elected member of the Kerkuk City Council as a representative of the Arabic group, serving at present as the Head of the Council’s Commission on Projects. He further serves on the government appointed Committee charges with implementing Article 140 and spoke on the recent realities in Kerkuk.
The Kerkuk issue, opened Mr. Nasef, is the focus of attention of both Iraqis and people outside Iraq. The city, he continued, "is oil rich and considered an example of pacifist cohabitation between different religions and ethnicities. It is certain that the situation in Kerkuk is important for the stability of all Iraq."
Iraqis have experienced considerable suffering due to poor administration of the new authorities in Iraq explained Mr. Nasef, especially the Arab and Turkmen regions in the north, including Kerkuk.
Article 142 of the Iraqi Constitution, reminded Mr. Nasef, is a paragraph which states some articles can be amended, including Article 140, if they are considered to be under conflict. Mr. Nasef continued to explain that not all constitutional articles received acceptance from all Iraqis; one of which is Article 140. Some political parties, noted Mr. Nasef, pushed for the application of Article 140 without waiting for national consensus; and so implementation of Article 140 began prematurely noted Mr. Nasef.
Mr. Nasef highlighted the historically multi-ethnic nature of Kerkuk, which is located 250 km northeast of Baghdad. The Zab River forms its northern boundary and had an estimated 855.000 population size before occupation informed Mr. Nasef. A project was implemented on the Zab River explained Mr. Nasef; one which provided water to the city of Kerkuk and its surrounding farms. "This project changed the lives of many of the villagers and farmers; their lives became better". In later years, continued Mr. Nasef, the water level of the Zab River drastically decreased due to dams built throughout Kurdish regions, which has adversely impacted access to water in Kerkuk and consequently the quality of life there.
Mr. Nasef noted that Kerkuk remains today a multi-ethnic city that includes Turkmen, Arabs, Kurds and Chaldo-Assyrians. "Kerkuk has been known for a long time for its different ethnicities that live in peace and harmony".
Following the fall of Saddam’s regime in 2003 the demography of northern Iraq continued to change, asserted Mr. Nasef, largely due to the "Kurdification" of administrations, marginalization of non-Kurdish communities, and the
massive in-migration of Kurdish people to the region. Since the fall of the regime, explained Mr. Nasef, the Kerkuk administration has behaved as Kerkuk is part of the Kurdish region. Authorities have distributed large swaths of land to the newly incoming Kurdish families and have supported them financially to built houses on these lands affirmed Mr. Nasef. Furthermore, authorities have changed the non-Kurdish directors of all governmental offices using various types of intimidation by the Peshmerga militias, which are enormous in the province, he asserted. Large numbers of Arab and Turkmen youth are arrested and face persecution while in prison in Kurdish regions Mr. Nasef noted. Many other youths, continued Mr. Nasef, are assassinated.
The Kerkuk problem has become an international issue stressed Mr. Nasef. In addition, the matters of land claims and demographic changes in the region are issues of human rights he asserted; therefore representatives from the United Nations should participate in the Article 140 Commission. These representatives should also directly control voter registrars in all election centres in Kerkuk he suggested.
Mr. Nasef considers the "Kurdified" Kerkuk administration to be illegal as they came to power firstly via the occupation authorities and later on by a manipulated election.
Mr. Nasef underlined several reports which point out the dangers surrounding the Article 140 referendum and it was due to these reports and the dangers they highlighted, explained Mr. Nasef, that the Iraqi and American administrations postponed the referendum. The International Crisis Group has been active in submitting information to the Iraqi and American leaders warning them of the rising tensions in Kerkuk noted Mr. Nasef.
There are large numbers of Kurds from northern Iraq, including from provinces other than Kerkuk, who were displaced and are currently living in central and southern Iraq stated Mr. Nasef. These people, he continued, have possessions such as homes, land and businesses. According to the Iraqi Constitution and Article 140 these Kurds should also return to their original place of residence in northern Iraq asserted Mr. Nasef.
In some areas in Kerkuk an illegal form of normalization, claimed Mr. Nasef, was carried out by Kurdish political parties and militias. He continues to explain that thousands of Arabs were forcibly removed from their homes and forced to flee Kerkuk, despite the fact that these people were cultivating lands in accordance with government contracts. These people are now living in refugee camps throughout Iraq under egregious living and economic circumstances Mr. Nasef highlighted. Instead of the Kurds formerly living in Kerkuk returning, thousands of Kurdish families not originally from Kerkuk were given land and other privileges lamented Mr. Nasef. Some of the Arabs forcibly removed, noted Mr. Nasef, have returned to Kerkuk and rent homes while their original homes remain occupied by Kurdish families.
There are thousands of Arabic families in Kerkuk who previously immigrated to Kerkuk without any support from the former regime, asserted Mr. Nasef, under what was officially titled the Transport of Subdivision Registered peoples. Thereafter he continued, these families bought homes and created businesses. What are we going to do with these people who are not mentioned in Article 140, questioned Mr. Nasef. He asserted the Kurdish dominated government in Kerkuk has dealt with these Arabs by forcing them to leave their homes and prohibiting them from holding employment. This presents a difficult situation, emphasized Mr. Nasef, as there are thousands of qualified workers who have been employed for over 25 years in Kerkuk and who are now being forced to leave. How will they find the same speciality work in their previous places of residence, questioned Mr. Nasef.
"The Constitution is considered the most important law for the life of citizens". It determines the relationship between citizens and the state and it guarantees the rights and freedoms of citizens, continued Mr. Nasef. "After the Constitution was created there were some contradictory points that caused the people to lose confidence in the state." For example, after the fall of Saddam’s regime, noted Mr. Nasef, no Iraqi Arab was appointed in Kerkuk. Despite orders from the Iraqi central government the Kerkuk Government refused to accept their appointments asserted Mr. Nasef. Furthermore he continued, the unqualified Kurdish police chief of Kerkuk city was dismissed, however the order was not realized by the Kurdish governor in Kerkuk. The disobedient actions of the "Kurdified" Kerkuk administration is the major catalyst behind the failure of the normalization process asserted Mr. Nasef.
Unemployment is on the rise among the Arab community in Kerkuk stressed Mr. Nasef. Moreover he continued, Arabs in Kerkuk are faced with harsh intimidation from the Kurdish dominated administration.
Mr. Nasef concluded by urging impartial parties to intervene in the Kerkuk situation. Furthermore he called for the security forces, army and police in Kerkuk to be composed of members from all ethnic communities and to remain impartial at all times.
Mr. Nasef affirmed in his final words that many Arabs and Turkmen have been killed or jailed as a result of their involvement Kerkuk politics. Discussing the Kerkuk issue can be a life threatening venture stressed Mr. Nasef.
Tahsin Mohammed Ali Wali – Member of Kerkuk City Council and Article 140 Committee
Mr. Tahsin Mohammed Ali Wali is an elected member of the Kerkuk City Council from the Islamic Union of the Iraqi Turkmen. He serves at present as the head of the Council’s Commission on staff appointments as well as is a member of the government appointed Committee charges with implementing Article 140. He spoke extensively on the situation of Kerkuk since 2003.
"We have come here today to educate ourselves, to listen to others’ opinions and to respect those opinions. Let us base this meeting on dialogue to find appropriate solutions for Kerkuk".
Mr. Wali highlighted the strategic importance of Kerkuk as it acts as a gateway between northern Iraq and the rest of the country and is rich in oil reserves. He lamented on the devastation in Kerkuk during Saddam’s regime including the redistribution of Kerkuk districts to other governorates, "Arabisation" policies and discrimination faced by non-Arabs in the workplace and education system.
Following the fall of Saddam’s regime, continued Mr. Wali, Kurdish parties dominated the city and its administration. The two major Kurdish parties (Patriotic Union of Kurdistan and Kurdistan Democratic Party) seized responsibilities, creating a situation of marginalization and exclusion for the Arabs and Turkmen noted Mr. Wali.
Tensions rose as large numbers of Kurdish families moved to the region and property and land disputes increased continued Mr. Wali. Kurdish attempts to annex Kerkuk to Kurdistan, stressed Mr. Wali, resulted in further strained relations and sometimes confrontational responses. The Kurdish domination of the first provincial council created by the multinational forces in Iraq already presented a "political and administrative crisis" explained Mr. Wali.
While it was hoped the 2005 elections, continued Mr. Wali, would be a process to create democratic institutions and a country of law, the results were negative, with questionable election fraud and manipulation taking place. The outcome was an unbalanced Kerkuk council and increased frustrations from Turkmen and Arabs as they felt they were excluded from the political process asserted Mr. Wali.
Turkmen and Arabs eventually boycotted participating in the council, explained Mr. Wali, as after several months they felt there was an unfair distribution of important council functions. They attempted to raise awareness on the issue in the international community, with seminars and conferences held across the globe affirmed Mr. Wali.
The administrative structure of Kerkuk after 2003 has been disproportionally controlled by Kurdish representatives, continued Mr. Wali, with both governors, all high level council positions and all but one general director being Kurdish.
The security situation in Kerkuk has also greatly suffered after 2003 assessed Mr. Wali. Extremists and terrorists have taken advantage of the instability, noted Mr. Wali, by instigating violence and disparity between the region’s ethnic groups. It is vital, stressed Mr. Wali, to create efficient security institutions in Kerkuk, ones which are made up of citizens from all communities in Kerkuk.
"Turkmen politicians think a compatible solution needs to be found between all components of Kerkuk, which includes participation from all political parties from all nationalities". Mr. Wali called for balanced policy which takes into consideration the interests of all communities and is based on the principles of dialogue and negotiation.
The ideal solution suggested Mr. Wali is one of shared responsibility. He supported the proposed 32 percent participation for Arabs, Turkmen and Kurds and 4 percent for other groups.
Mr. Wali presented several questions as guidelines for assessing the Constitution, Article 140 and its mandated Committee, including: Was Article 140 a sufficient legal remedy to solve intractable issues? Does the Article 140 Committee possess the legal power necessary to implement the article? Is it appropriate or even constitutional to set a deadline for action?
Article 140, asserted Mr. Wali, is not sufficient for solving all the problems associated with Kerkuk, largely due to the wide variation in opinion on the visions of Kerkuk and the attitudes of its people.
The Article 140 Committee is a government committee with limited powers continued Mr. Wali. As such, it makes recommendations to the Prime Minister which must be approved by the Iraqi Cabinet noted Mr. Wali. Several important resolutions have been approved by the Cabinet underlined Mr. Wali, including resolutions to return employees discharged for political reasons to their jobs, to return deportees and immigrants to their original residences, to cancel agricultural contracts signed during the period of "Arabisation" policy, as well as to pay compensations for all families covered under Article 140.
A final resolution sent to the Cabinet has not been voted on – the resolution regarding the situation of Kerkuk confirmed Mr. Wali. He lamented on the government’s avoidance of this resolution.
Article 140 was applied asserted Mr. Wali, however it was not applied appropriately. The rights of Turkmen were not protected or preserved during its application affirmed Mr. Wali.
"We as Turkmen demand the European Parliament, European governments and all European non-governmental organisations to support the principle of equality in Iraq and in Kerkuk in particular".
Rakan S. Ali – Member of Kerkuk City Council
Mr. Rakan S. Ali is an elected member of the Kerkuk City Council from the Arabic Assembly of Iraq. He currently serves as the Deputy to the Kerkuk Governor. Mr. Ali’s travel was restricted for this event due to security concerns, however his presentation was held by Mr. Akram al-Ubaidi from the Iraqi British Centre. He introduced a proposal for a joint administration system in Kerkuk.
"The main alternative solution to Kerkuk’s special status is to be under joint administration", opened Mr. Ali.
As Kerkuk is multi-ethnic in nature, any attempt to annex it to another region, particularly to Kurdistan, would be rejected by the non-Kurdish groups in Kerkuk argued Mr. Ali. Incorporation into the Kurdish Regional Government would result in the application of Kurdish interests, administrative policies and legislation onto Kerkuk’s non-Kurdish populations stressed Mr. Ali.
Alternatively Mr. Ali recommended the creation of a joint administration that is an independent region within Iraq and supervised by the Iraqi central government. Such a solution would enhance social harmony between all ethnic groups and foster security and unity in the region asserted Mr. Ali.
Elaborating on the details of his proposed administration Mr. Ali explained it would be based on an equal 32 percent representation for Arabs, Turkmen and Kurds and a 4 percent representation for other remaining groups.
Article 122 of the Iraqi Constitution which outlines the structure of governorates not incorporated into a region should be followed elaborated Mr. Ali.
The registration of original Kerkuk inhabitants, continued Mr. Ali, must be strictly enforced. Furthermore a committee to review the registration of people after 2003 should be created to review post-2003 registration errors suggested Mr. Ali.
The laws and legislation of Kerkuk would be determined by the Iraqi central government, who would supervise Kerkuk’s local government and security continued Mr. Ali.
Mr. Ali proposed the following structure for Kerkuk’s local government:
- rotating Kerkuk governor with a one year term, each ethnic group will have the opportunity to act as governor;
- Kerkuk governorate council to be directly elected by Kerkuk inhabitants, composition to be 41 members (13 members from Arab, Turkmen and Kurdish groups and 2 members from Assyrian or other groups) elected for a 4 year term;
- local government should act as an executive body with a high level of professionalism.
- The jurisdiction of Kerkuk should be directly linked to the central administration in Iraq, continued Mr. Ali, as should Kerkuk’s education system be linked to the central education system in Iraq.
- The language of educational instruction should be as set out in the Iraqi Constitution assessed Mr. Ali.
Furthermore, asserted Mr. Ali, a set percentage of proceeds from Kerkuk’s natural resources should be used for development of Kerkuk infrastructure.
Security is a vital issue in Kerkuk noted Mr. Ali. As such he recommended Kerkuk’s police forces be directly commanded by the central government and be composed of the same 32 percent ratio mentioned above. A military unit should also be formed added Mr. Ali.
Real estate and land dispute issues are another vital concern continued Mr. Ali. Land confiscation during the former regime as well as unfair confiscation since 2003 has caused drastic changes to the demographic map of Kerkuk noted Mr. Ali. He proposed to restrict land ownership to only those original inhabitants of Kerkuk for the next ten years.
In order to realize stability and development in the region, Mr. Ali called for Kerkuk to be declared a free trade zone area in the hopes of attracting international investment.
Lastly Mr. Ali urged the use of pre-2003 census data so as to reduce the impact of post-2003 demographic alterations in Kerkuk.
Mr. Ali concluded by inviting the United Nations, European Union and international community to carefully monitor all issues surrounding Kerkuk today and in the future.
Iraqi Turkmen Human Rights Research Foundation (SOITM)
The objectives of the Iraqi Turkmen Human Rights Research Foundation, known as "SOITM", are to:
Promote emancipation and improvements in the Human Rights situations inside Iraq by:
- Supporting international protection and promotion of the civil, political, economic, social, cultural, and human rights inside Iraq, particularly in Turkmeneli (the Turkmen Region in Iraq)
- Monitoring the Human Rights situation and documenting violations
- Watching and publicising developments and regresses
- Promoting Turkmen cultural identity by:
- Encouraging the study of Iraqi Turkmen culture and history
- Introducing the Iraqi Turkmen to the international community
- Encouraging the social integration of the Iraqi Turkmen in the Netherlands by:
- Supporting the participation of Turkmen in social activities and civil society organizations and institutions
SOITM realizes these goals by:
- Organizing lectures, courses, seminars and symposiums
- Publishing books, newspapers, journals, and electronic resources
- Organizing conferences, training programs and assistance campaigns
- Promoting cooperation between Turkmen organizations
- Cooperating and exchanging information and analysis about the situation in Iraq with other international organizations
- Informing European Parliamentarians, academics, journalists and communities about the situation in Turkmen regions
Iraqi Turkmen Human Rights Research Foundation
SOITM currently involves some 15 volunteers, both inside and outside of Iraq. SOITM’s headquarters are in the Netherlands with teams established in the following Turkmen regions: Kerkuk, Baghdad and Mosul, with additional representation also in other Turkmen regions.
SOITM is an institute with a focus on human rights and democratization. It maintains regular contact with Middle Eastern academics, the international press, and other human rights organizations, in order to introduce them to the Turkmen of Iraq, and to assist the process of democratization and the spread of civil society culture in Iraq, particularly within the Turkmen region.
SOITM is a non-profit foundation established in 2001. The foundation’s budget is based upon donations, but it remains an independent organization. SOITM is not connected to any particular political party or ideological faction.
Note
Picture: A snapshot from the Conference on Kerkuk
In two subsequent articles entitled ´Kerkuk and the Turkmen of Iraq´ (http://www.americanchronicle.com/articles/78509) and ‘Kerkuk belongs to Turkmen’ (http://www.americanchronicle.com/articles/78584), I published several parts of a key document "Kerkuk Problem and Article 140: Defining Alternatives - The Views of Kerkuk´s Turkmen and Arabs", a Conference Report that was submitted last June to the European Parliament by the Iraqi Turkmen Human Rights Research Foundation (SOITM) and he Unrepresented Nations and Peoples Organization (UNPO). The two articles comprise following parts of the report: Introduction, The Turkmen of Iraq, Human Rights Violations, Kerkuk – A Brewing Crisis – Key Iraqi Legal Documents – Extracts and Overviews of Contributions by Sheth Jerjis - SOITM Chairman, Marino Busdachin - UNPO General Secretary, Ana Maria Gomes MEP - Member of the European Parliament, and Muzaffer Arslan - Advisor on Turkmen Affairs to the President of Iraq.
In this article, I publish further extracts and overviews of contributions, and details about the Iraqi Turkmen Human Rights Research Foundation (SOITM). In a forthcoming article, 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
Extracts and Overviews of Contributions
Ali M. Sadeq – Member of Kerkuk City Council
Mr. Ali M. Sadeq is a Turkmen member of the Kerkuk City Council. He further sits on the Council’s Security Commission and serves as the Secretary of the Turkmeneli Party. Mr. Sadeq outlined his ‘Kerkuk Region Project’ aimed at normalizing and stabilizing Kerkuk.
"We came here today to find a solution to the problem of Kerkuk and to avoid the war that is about to take place".
Under the policy of "Arabisation" during the 1970s, 1980s and 1990s authorities brought thousands of Arabs into the province to live while at the same time forcing tens of thousands of Turkmen and Kurds to leave Kerkuk described Mr. Sadeq. "Saddam's authorities have also enacted ‘the one direction change in national identity’ law which allows non-Arabs to become Arabs and obliged many non-Arabs, a majority of Turkmen and Kurds, to change their national identity".
Since the collapse of Saddam’s regime, continued Mr. Sadeq, Kurdish political parties have attempted to annex Kerkuk province to the Kurdish region while Kerkuk’s Arabs and Turkmen have remained steadfastly opposed. Both the interim government in Iraq as well as current Iraqi law has failed to provide a solution to the Kerkuk dilemma which fulfils the aspirations of all parties involved noted Mr. Sadeq.
"As we strongly support brotherly and smooth relations between the different ethnic components of Kerkuk, we believe that real and peaceful solutions should be reached to protect the rights of all ethnicities. These solutions should guarantee equality between the different components, and comply with democratic principles in building a new Iraqi state. They should prevent Iraqi people, Arabs, Kurds, Turkmen, and Chaldo-Assyrians from entering into conflicts, clashes and wars which have already inflicted tens of thousands of victims and losses of billions of dollars as well as deterring the progress of Iraq".
In response, stated Mr. Sadeq, the ‘Kerkuk Region Project’ of the Turkmeneli Party was developed. The project aims at normalizing conditions in Kerkuk, stabilizing relations between all major ethnic groups and involving all groups in the process of creating a joint administration explained Mr. Sadeq.
The basic principles of this project are as follows:
- Kerkuk is a region in Iraq consisting of its current administrative borders;
- Kerkuk is a multi-ethnic region consisting of Turkmen, Kurds, Arabs and Chaldo-Assyrians;
- Turkmen, Arabic and Kurdish are the official languages in Kerkuk.
The legislative authority under this project is a parliamentary body consisting of 100 members with 32 seats for the main ethnic groups (Turkmen, Arabs, Kurds) and 4 seats for Chaldo-Assyrians asserted Mr. Sadeq. Eligible candidates must live in the Kerkuk province and at least 25 percent of parliament members should be women continued Mr. Sadeq.
The executive authority of Kerkuk, explained Mr. Sadeq, should consist of a Presidential Council and Council of Ministers. The Presidential Council, he continued, will be composed of a President (Turkmen), First Deputy (Kurdish) and a Second Deputy (Arab).
The Council of Ministers is to perform its executive authority under the supervision of the Presidential Council explained Mr. Sadeq. There should not exceed 13 Ministers noted Mr. Sadeq, with fair representation of ethnic groups taken into consideration when allocating Minister positions. There shall also sit a Prime Minister (Kurdish) together with two deputies (Arab and Turkmen) in this Council asserted Mr. Sadeq.
The development of judicial authority in the region, declared Mr. Sadeq, would be based on fair representation of all ethnic groups and will be based on a multi-tiered court system. The judiciary shall be independent from any authority noted Mr. Sadeq. Additionally, he continued, non-Muslim groups shall have the right to form their own judicial council.
In reference to managing the complex cultural affairs in Kerkuk Mr. Sadeq suggested the following:
"In order to prevent interferences between ethnic components in the management of Kirkuk region cultural affairs, a special administration shall be formed for each ethnic group living in the province and shall be elected by people of the group. These administrations shall handle cultural issues and educational issues. The Turkmen as well as Kurds, Arabs and Chaldo-Assyrians, shall have their administrations in order to provide cultural services to each ethnic group. The size of these cultural services shall be complementary and in harmony with the services provided for each ethnic group within the national framework and to those provided by nearby regions".
Yako Michael Jajjo – Assyrian Foundation
Mr. Jajjo is an author and poet. He is a member of the Assyrian Foundation and the Assyrian Union in the Netherlands. Mr. Jajjo shared with the conference his hopes for unity and dialogue among all Iraqis.
"Let me start with a rhetorical question: Is Kirkuk an Arab, Kurdish, Assyrian, Turkmen, or Ayzidi city? Undoubtedly, the answer is positively all of these names. And, surely, any Iraqi city ought to be characterized as such by definition".
Mr. Jajjo acknowledged the many forms of oppression faced by Kerkuk’s populations throughout history, but noted that efforts to implement Article 140 of the Iraqi Constitution have further exacerbated the situation. He highlighted the lagging efforts to return confiscated lands as one such example of aggravation.
"We are justice seekers and look forward to seeing mutual love and respect between all parties concerned".
It remains vital, pointed out Mr. Jajjo, that in discussions surrounding Kerkuk we must be more specific with our definition of the city. "The ‘Kerkuk’ we are talking about here must be defined; which Kerkuk exactly? Are we considering the city before and after the 1957 census, Kerkuk after 1968, or Kerkuk after Saddam's fall? For, demographically each era has its own peculiarities".
"In all the sources and documents I consulted, I came up with the undisputed conclusion that Kerkuk has been the home of co-existing ethnic Iraqi groups for centuries long, but which is historically an Assyrian city".
Mr. Jajjo continued by stressing the need to work as a unified Iraq and not in the name of ethnic nationalities. "We have gathered here today with good intentions, as a token of calling for a unified Iraq despite the existing ethnic and religious differences. […] So I ask the distinguished delegates that once we leave this auditorium we are supposed not to disclose our ethnic identities as either Arabs, Kurds, Assyrians, Turkmen, Ayzidis, Mandaeans or any other affiliation groups; for we are all required to work together for one peaceful and unified Iraq".
In the opinion of Mr. Jajjo Article 140 cannot halt the current misery and bloodshed in Kerkuk, rather "our unity as citizens of one undivided country is the only safeguard and way out of the dilemma".
Mr. Jajjo noted the existence of Kerkuk as a multi-ethnic city with Turkmen constituting the main population prior to the flourish of the oil industry in the region. Desire for economic wealth via oil and Saddam’s institutionalized "Arabisation" resulted in the re-settlement of thousands of families in Kerkuk, elaborated Mr. Jajjo.
While the international community condemns such acts of manipulating demography stated Mr. Jajjo, it "must equally call for the freedom of Iraqis to settle anywhere they like; for if we restrict this freedom by legislating unjust laws, we will end up with ethnic territories".
Registries of population facts and figures in Kerkuk were falsified, noted Mr. Jajjo, in attempts to re-shape the city’s demographic structure. Using reliable population statistics and estimated population growth rates Mr. Jajjo figures the current numbers the media project regarding the city’s Kurdish population is twice the actual figure.
Furthermore, noted Mr. Jajjo, election manipulation is also present in Kerkuk and other Iraqi cities.
Mr. Jajjo argued paragraph two of Article 140 has not been drafted by Iraqis themselves, but instead by the occupying forces in the nation and does not take the welfare of the Iraqi people into account.
The follow-up commission convened to address Article 140 included representatives from all concerned parties except for the Assyrians, lamented Mr. Jajjo. He continues to explain that only after protest was an Assyrian assigned to the commission, however one which was selected based on political allegiance and not as a legitimate Assyrian representative.
As 31 December 2007 has already passed, Mr. Jajjo considered the Article to be nullified and no longer effective. It would not have been possible for the Article to be effective, noted Mr. Jajjo, given the current occupation and persistent violence in Iraq. "But would any rational human being accept their findings at the time securing data, processing figures, obtaining reliable and fair census figures largely depend on security? Could anyone imagine how far and freely commissioners can walk along the streets and avenues unless they are guarded by a large number of military troops? Can any neutral commission assess accurately the whereabouts of people amid the turmoil prevalent in and around Iraqi cities in the absence of the central government?"
"We, the Assyrians, strongly believe that in the absence of the central government all the calls persistently made by some factions for the implementation of article 140 would only yield unpleasant outcomes. […]
[Ones which] ultimately meet the ends of one group to the exclusion of other groups".
In conclusion Mr. Jajjo called for "intimate and objective dialogue between all parties in order to come up with convincing, unbiased and just resolutions that would safeguard the unity of Kerkuk's people irrespective of their diverse ethnic affiliations".
Lastly Mr. Jajjo suggested Kerkuk be subject to a comprehensive investigation to be carried out by a team of highly qualified academic experts composed of representatives from the entire Iraqi society.
"Such a sincere call is based on our conviction that Kirkuk has never been the home of solely one ethnic group for over the bygone centuries. Diversity in this city has remained a positive landmark which all Iraqis are proud of. […] Kerkuk must remain a symbol of co-habitation and unity for all Iraqis".
Mohammed Khalil Nasef – Member of Kerkuk City Council and Article 140 Committee
Mohammed Khalil Nasef is an elected member of the Kerkuk City Council as a representative of the Arabic group, serving at present as the Head of the Council’s Commission on Projects. He further serves on the government appointed Committee charges with implementing Article 140 and spoke on the recent realities in Kerkuk.
The Kerkuk issue, opened Mr. Nasef, is the focus of attention of both Iraqis and people outside Iraq. The city, he continued, "is oil rich and considered an example of pacifist cohabitation between different religions and ethnicities. It is certain that the situation in Kerkuk is important for the stability of all Iraq."
Iraqis have experienced considerable suffering due to poor administration of the new authorities in Iraq explained Mr. Nasef, especially the Arab and Turkmen regions in the north, including Kerkuk.
Article 142 of the Iraqi Constitution, reminded Mr. Nasef, is a paragraph which states some articles can be amended, including Article 140, if they are considered to be under conflict. Mr. Nasef continued to explain that not all constitutional articles received acceptance from all Iraqis; one of which is Article 140. Some political parties, noted Mr. Nasef, pushed for the application of Article 140 without waiting for national consensus; and so implementation of Article 140 began prematurely noted Mr. Nasef.
Mr. Nasef highlighted the historically multi-ethnic nature of Kerkuk, which is located 250 km northeast of Baghdad. The Zab River forms its northern boundary and had an estimated 855.000 population size before occupation informed Mr. Nasef. A project was implemented on the Zab River explained Mr. Nasef; one which provided water to the city of Kerkuk and its surrounding farms. "This project changed the lives of many of the villagers and farmers; their lives became better". In later years, continued Mr. Nasef, the water level of the Zab River drastically decreased due to dams built throughout Kurdish regions, which has adversely impacted access to water in Kerkuk and consequently the quality of life there.
Mr. Nasef noted that Kerkuk remains today a multi-ethnic city that includes Turkmen, Arabs, Kurds and Chaldo-Assyrians. "Kerkuk has been known for a long time for its different ethnicities that live in peace and harmony".
Following the fall of Saddam’s regime in 2003 the demography of northern Iraq continued to change, asserted Mr. Nasef, largely due to the "Kurdification" of administrations, marginalization of non-Kurdish communities, and the
massive in-migration of Kurdish people to the region. Since the fall of the regime, explained Mr. Nasef, the Kerkuk administration has behaved as Kerkuk is part of the Kurdish region. Authorities have distributed large swaths of land to the newly incoming Kurdish families and have supported them financially to built houses on these lands affirmed Mr. Nasef. Furthermore, authorities have changed the non-Kurdish directors of all governmental offices using various types of intimidation by the Peshmerga militias, which are enormous in the province, he asserted. Large numbers of Arab and Turkmen youth are arrested and face persecution while in prison in Kurdish regions Mr. Nasef noted. Many other youths, continued Mr. Nasef, are assassinated.
The Kerkuk problem has become an international issue stressed Mr. Nasef. In addition, the matters of land claims and demographic changes in the region are issues of human rights he asserted; therefore representatives from the United Nations should participate in the Article 140 Commission. These representatives should also directly control voter registrars in all election centres in Kerkuk he suggested.
Mr. Nasef considers the "Kurdified" Kerkuk administration to be illegal as they came to power firstly via the occupation authorities and later on by a manipulated election.
Mr. Nasef underlined several reports which point out the dangers surrounding the Article 140 referendum and it was due to these reports and the dangers they highlighted, explained Mr. Nasef, that the Iraqi and American administrations postponed the referendum. The International Crisis Group has been active in submitting information to the Iraqi and American leaders warning them of the rising tensions in Kerkuk noted Mr. Nasef.
There are large numbers of Kurds from northern Iraq, including from provinces other than Kerkuk, who were displaced and are currently living in central and southern Iraq stated Mr. Nasef. These people, he continued, have possessions such as homes, land and businesses. According to the Iraqi Constitution and Article 140 these Kurds should also return to their original place of residence in northern Iraq asserted Mr. Nasef.
In some areas in Kerkuk an illegal form of normalization, claimed Mr. Nasef, was carried out by Kurdish political parties and militias. He continues to explain that thousands of Arabs were forcibly removed from their homes and forced to flee Kerkuk, despite the fact that these people were cultivating lands in accordance with government contracts. These people are now living in refugee camps throughout Iraq under egregious living and economic circumstances Mr. Nasef highlighted. Instead of the Kurds formerly living in Kerkuk returning, thousands of Kurdish families not originally from Kerkuk were given land and other privileges lamented Mr. Nasef. Some of the Arabs forcibly removed, noted Mr. Nasef, have returned to Kerkuk and rent homes while their original homes remain occupied by Kurdish families.
There are thousands of Arabic families in Kerkuk who previously immigrated to Kerkuk without any support from the former regime, asserted Mr. Nasef, under what was officially titled the Transport of Subdivision Registered peoples. Thereafter he continued, these families bought homes and created businesses. What are we going to do with these people who are not mentioned in Article 140, questioned Mr. Nasef. He asserted the Kurdish dominated government in Kerkuk has dealt with these Arabs by forcing them to leave their homes and prohibiting them from holding employment. This presents a difficult situation, emphasized Mr. Nasef, as there are thousands of qualified workers who have been employed for over 25 years in Kerkuk and who are now being forced to leave. How will they find the same speciality work in their previous places of residence, questioned Mr. Nasef.
"The Constitution is considered the most important law for the life of citizens". It determines the relationship between citizens and the state and it guarantees the rights and freedoms of citizens, continued Mr. Nasef. "After the Constitution was created there were some contradictory points that caused the people to lose confidence in the state." For example, after the fall of Saddam’s regime, noted Mr. Nasef, no Iraqi Arab was appointed in Kerkuk. Despite orders from the Iraqi central government the Kerkuk Government refused to accept their appointments asserted Mr. Nasef. Furthermore he continued, the unqualified Kurdish police chief of Kerkuk city was dismissed, however the order was not realized by the Kurdish governor in Kerkuk. The disobedient actions of the "Kurdified" Kerkuk administration is the major catalyst behind the failure of the normalization process asserted Mr. Nasef.
Unemployment is on the rise among the Arab community in Kerkuk stressed Mr. Nasef. Moreover he continued, Arabs in Kerkuk are faced with harsh intimidation from the Kurdish dominated administration.
Mr. Nasef concluded by urging impartial parties to intervene in the Kerkuk situation. Furthermore he called for the security forces, army and police in Kerkuk to be composed of members from all ethnic communities and to remain impartial at all times.
Mr. Nasef affirmed in his final words that many Arabs and Turkmen have been killed or jailed as a result of their involvement Kerkuk politics. Discussing the Kerkuk issue can be a life threatening venture stressed Mr. Nasef.
Tahsin Mohammed Ali Wali – Member of Kerkuk City Council and Article 140 Committee
Mr. Tahsin Mohammed Ali Wali is an elected member of the Kerkuk City Council from the Islamic Union of the Iraqi Turkmen. He serves at present as the head of the Council’s Commission on staff appointments as well as is a member of the government appointed Committee charges with implementing Article 140. He spoke extensively on the situation of Kerkuk since 2003.
"We have come here today to educate ourselves, to listen to others’ opinions and to respect those opinions. Let us base this meeting on dialogue to find appropriate solutions for Kerkuk".
Mr. Wali highlighted the strategic importance of Kerkuk as it acts as a gateway between northern Iraq and the rest of the country and is rich in oil reserves. He lamented on the devastation in Kerkuk during Saddam’s regime including the redistribution of Kerkuk districts to other governorates, "Arabisation" policies and discrimination faced by non-Arabs in the workplace and education system.
Following the fall of Saddam’s regime, continued Mr. Wali, Kurdish parties dominated the city and its administration. The two major Kurdish parties (Patriotic Union of Kurdistan and Kurdistan Democratic Party) seized responsibilities, creating a situation of marginalization and exclusion for the Arabs and Turkmen noted Mr. Wali.
Tensions rose as large numbers of Kurdish families moved to the region and property and land disputes increased continued Mr. Wali. Kurdish attempts to annex Kerkuk to Kurdistan, stressed Mr. Wali, resulted in further strained relations and sometimes confrontational responses. The Kurdish domination of the first provincial council created by the multinational forces in Iraq already presented a "political and administrative crisis" explained Mr. Wali.
While it was hoped the 2005 elections, continued Mr. Wali, would be a process to create democratic institutions and a country of law, the results were negative, with questionable election fraud and manipulation taking place. The outcome was an unbalanced Kerkuk council and increased frustrations from Turkmen and Arabs as they felt they were excluded from the political process asserted Mr. Wali.
Turkmen and Arabs eventually boycotted participating in the council, explained Mr. Wali, as after several months they felt there was an unfair distribution of important council functions. They attempted to raise awareness on the issue in the international community, with seminars and conferences held across the globe affirmed Mr. Wali.
The administrative structure of Kerkuk after 2003 has been disproportionally controlled by Kurdish representatives, continued Mr. Wali, with both governors, all high level council positions and all but one general director being Kurdish.
The security situation in Kerkuk has also greatly suffered after 2003 assessed Mr. Wali. Extremists and terrorists have taken advantage of the instability, noted Mr. Wali, by instigating violence and disparity between the region’s ethnic groups. It is vital, stressed Mr. Wali, to create efficient security institutions in Kerkuk, ones which are made up of citizens from all communities in Kerkuk.
"Turkmen politicians think a compatible solution needs to be found between all components of Kerkuk, which includes participation from all political parties from all nationalities". Mr. Wali called for balanced policy which takes into consideration the interests of all communities and is based on the principles of dialogue and negotiation.
The ideal solution suggested Mr. Wali is one of shared responsibility. He supported the proposed 32 percent participation for Arabs, Turkmen and Kurds and 4 percent for other groups.
Mr. Wali presented several questions as guidelines for assessing the Constitution, Article 140 and its mandated Committee, including: Was Article 140 a sufficient legal remedy to solve intractable issues? Does the Article 140 Committee possess the legal power necessary to implement the article? Is it appropriate or even constitutional to set a deadline for action?
Article 140, asserted Mr. Wali, is not sufficient for solving all the problems associated with Kerkuk, largely due to the wide variation in opinion on the visions of Kerkuk and the attitudes of its people.
The Article 140 Committee is a government committee with limited powers continued Mr. Wali. As such, it makes recommendations to the Prime Minister which must be approved by the Iraqi Cabinet noted Mr. Wali. Several important resolutions have been approved by the Cabinet underlined Mr. Wali, including resolutions to return employees discharged for political reasons to their jobs, to return deportees and immigrants to their original residences, to cancel agricultural contracts signed during the period of "Arabisation" policy, as well as to pay compensations for all families covered under Article 140.
A final resolution sent to the Cabinet has not been voted on – the resolution regarding the situation of Kerkuk confirmed Mr. Wali. He lamented on the government’s avoidance of this resolution.
Article 140 was applied asserted Mr. Wali, however it was not applied appropriately. The rights of Turkmen were not protected or preserved during its application affirmed Mr. Wali.
"We as Turkmen demand the European Parliament, European governments and all European non-governmental organisations to support the principle of equality in Iraq and in Kerkuk in particular".
Rakan S. Ali – Member of Kerkuk City Council
Mr. Rakan S. Ali is an elected member of the Kerkuk City Council from the Arabic Assembly of Iraq. He currently serves as the Deputy to the Kerkuk Governor. Mr. Ali’s travel was restricted for this event due to security concerns, however his presentation was held by Mr. Akram al-Ubaidi from the Iraqi British Centre. He introduced a proposal for a joint administration system in Kerkuk.
"The main alternative solution to Kerkuk’s special status is to be under joint administration", opened Mr. Ali.
As Kerkuk is multi-ethnic in nature, any attempt to annex it to another region, particularly to Kurdistan, would be rejected by the non-Kurdish groups in Kerkuk argued Mr. Ali. Incorporation into the Kurdish Regional Government would result in the application of Kurdish interests, administrative policies and legislation onto Kerkuk’s non-Kurdish populations stressed Mr. Ali.
Alternatively Mr. Ali recommended the creation of a joint administration that is an independent region within Iraq and supervised by the Iraqi central government. Such a solution would enhance social harmony between all ethnic groups and foster security and unity in the region asserted Mr. Ali.
Elaborating on the details of his proposed administration Mr. Ali explained it would be based on an equal 32 percent representation for Arabs, Turkmen and Kurds and a 4 percent representation for other remaining groups.
Article 122 of the Iraqi Constitution which outlines the structure of governorates not incorporated into a region should be followed elaborated Mr. Ali.
The registration of original Kerkuk inhabitants, continued Mr. Ali, must be strictly enforced. Furthermore a committee to review the registration of people after 2003 should be created to review post-2003 registration errors suggested Mr. Ali.
The laws and legislation of Kerkuk would be determined by the Iraqi central government, who would supervise Kerkuk’s local government and security continued Mr. Ali.
Mr. Ali proposed the following structure for Kerkuk’s local government:
- rotating Kerkuk governor with a one year term, each ethnic group will have the opportunity to act as governor;
- Kerkuk governorate council to be directly elected by Kerkuk inhabitants, composition to be 41 members (13 members from Arab, Turkmen and Kurdish groups and 2 members from Assyrian or other groups) elected for a 4 year term;
- local government should act as an executive body with a high level of professionalism.
- The jurisdiction of Kerkuk should be directly linked to the central administration in Iraq, continued Mr. Ali, as should Kerkuk’s education system be linked to the central education system in Iraq.
- The language of educational instruction should be as set out in the Iraqi Constitution assessed Mr. Ali.
Furthermore, asserted Mr. Ali, a set percentage of proceeds from Kerkuk’s natural resources should be used for development of Kerkuk infrastructure.
Security is a vital issue in Kerkuk noted Mr. Ali. As such he recommended Kerkuk’s police forces be directly commanded by the central government and be composed of the same 32 percent ratio mentioned above. A military unit should also be formed added Mr. Ali.
Real estate and land dispute issues are another vital concern continued Mr. Ali. Land confiscation during the former regime as well as unfair confiscation since 2003 has caused drastic changes to the demographic map of Kerkuk noted Mr. Ali. He proposed to restrict land ownership to only those original inhabitants of Kerkuk for the next ten years.
In order to realize stability and development in the region, Mr. Ali called for Kerkuk to be declared a free trade zone area in the hopes of attracting international investment.
Lastly Mr. Ali urged the use of pre-2003 census data so as to reduce the impact of post-2003 demographic alterations in Kerkuk.
Mr. Ali concluded by inviting the United Nations, European Union and international community to carefully monitor all issues surrounding Kerkuk today and in the future.
Iraqi Turkmen Human Rights Research Foundation (SOITM)
The objectives of the Iraqi Turkmen Human Rights Research Foundation, known as "SOITM", are to:
Promote emancipation and improvements in the Human Rights situations inside Iraq by:
- Supporting international protection and promotion of the civil, political, economic, social, cultural, and human rights inside Iraq, particularly in Turkmeneli (the Turkmen Region in Iraq)
- Monitoring the Human Rights situation and documenting violations
- Watching and publicising developments and regresses
- Promoting Turkmen cultural identity by:
- Encouraging the study of Iraqi Turkmen culture and history
- Introducing the Iraqi Turkmen to the international community
- Encouraging the social integration of the Iraqi Turkmen in the Netherlands by:
- Supporting the participation of Turkmen in social activities and civil society organizations and institutions
SOITM realizes these goals by:
- Organizing lectures, courses, seminars and symposiums
- Publishing books, newspapers, journals, and electronic resources
- Organizing conferences, training programs and assistance campaigns
- Promoting cooperation between Turkmen organizations
- Cooperating and exchanging information and analysis about the situation in Iraq with other international organizations
- Informing European Parliamentarians, academics, journalists and communities about the situation in Turkmen regions
Iraqi Turkmen Human Rights Research Foundation
SOITM currently involves some 15 volunteers, both inside and outside of Iraq. SOITM’s headquarters are in the Netherlands with teams established in the following Turkmen regions: Kerkuk, Baghdad and Mosul, with additional representation also in other Turkmen regions.
SOITM is an institute with a focus on human rights and democratization. It maintains regular contact with Middle Eastern academics, the international press, and other human rights organizations, in order to introduce them to the Turkmen of Iraq, and to assist the process of democratization and the spread of civil society culture in Iraq, particularly within the Turkmen region.
SOITM is a non-profit foundation established in 2001. The foundation’s budget is based upon donations, but it remains an independent organization. SOITM is not connected to any particular political party or ideological faction.
Note
Picture: A snapshot from the Conference on Kerkuk

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