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Revue <strong>de</strong> Presse-Press Review-Berhevoka Çapê-Rivista Stampa-Dentro<br />

<strong>de</strong> la Prensa-Basln Ozeti<br />

only. Ethnic c1eansing intensified<br />

after the 1991<br />

Kuwait war when the Republican<br />

Guards crushed<br />

a short-lived uprising. ln<br />

1996, the regime passed<br />

an "I<strong>de</strong>ntity law" to force<br />

Kurds and other non-Arabs<br />

to register as Arab. The<br />

government expelled from<br />

the reglOn anyone who refused.<br />

ln 1997, the Iraqi<br />

government <strong>de</strong>molished<br />

Kirkuk's historic cita<strong>de</strong>l,<br />

with its mosques and ancient<br />

church. Human Rights<br />

Watch estimated that between<br />

1991 and 2003, the<br />

Iraqi government expelled<br />

between 120,000 and<br />

200,000 non-Arabs from<br />

Kirkuk and its environs.<br />

ln September 1999, the<br />

V.S. State Department reported<br />

that the Iraqi government<br />

had displaced approx-<br />

Imately 900,000 citizens<br />

throughout Iraq. The report<br />

contmued to <strong>de</strong>scribe how<br />

"Local officiais in the south<br />

have or<strong>de</strong>red the arrest of<br />

any officiaI or citizen who<br />

provi<strong>de</strong>s employment, food<br />

or shelter to newly arriving<br />

Kurds."<br />

A New Beginning for<br />

Kirkuk?<br />

ln April 2003, coalition<br />

forces and the Iraqi Kurdlsh<br />

peshmerga liberated Kirkuk<br />

from Baathist control. Many<br />

victims of Saddam's ethnic<br />

c1eansing campaign sought<br />

to return to the region, only<br />

to be prevented by V.S.<br />

authorities. Many remain<br />

in tent-city limbo. Article<br />

58 of the March 8, 2004<br />

Transitional Administrative<br />

Law sought to settle disputes<br />

in Kirkuk by means<br />

of an Iraql Property Claims<br />

Commission and "other relevant<br />

bodies." ln practice,<br />

however, successive Iraqi<br />

governments have done<br />

little, creating suspicion<br />

among many lraqi Kurds as<br />

to the central government's<br />

intentions. The uncertainty<br />

over Kirkuk's status has<br />

impe<strong>de</strong>d local <strong>de</strong>velopment<br />

and si<strong>de</strong>lined the issue of<br />

refugee resettlement.<br />

Article 140 of the new Iraql<br />

constitution has adopted<br />

Article 58 of the Transitional<br />

Administrative Law,<br />

which necessitates the normalization<br />

ofthe situation in<br />

Kirkuk, by wltich the legislature<br />

meant the assistance<br />

of the return of internally<br />

displaced people and their<br />

reclamation of seized property.<br />

Arabs mstalled m the<br />

region should be helped to<br />

return to southern and central<br />

Iraq, should they so <strong>de</strong>sire.<br />

The four sub-dlstricts<br />

of Kifri, Chemchemal, Kalar,<br />

and Tuz-Khurmatu annexed<br />

to neighboring governorates<br />

by the regime in<br />

1976 should be returned to<br />

the governorate of Kirkuk.<br />

Article 140 also states that<br />

a local census must be organized<br />

and a referendum<br />

held to <strong>de</strong>ci<strong>de</strong> the future of<br />

the province. The set <strong>de</strong>adline<br />

for the implementation<br />

of thls article IS December<br />

2007. However, if Iraqi<br />

PrIme Mmister Nuri al-Maliki<br />

does not implement the<br />

article wlthin the allocated<br />

tlme, ethnic and sectarian<br />

unrest could explo<strong>de</strong> in<br />

Kirkuk, the effects rippling<br />

out throughout Iraq.<br />

A report by the International<br />

Crisis Group proposes<br />

that the Iraqi government<br />

invite the U.N. Secunty<br />

Council "to appoint an envoy<br />

to start negotiations to<br />

<strong>de</strong>slgnate the Kirkuk governorate<br />

as a stand-alone,<br />

fe<strong>de</strong>ral region for an interim<br />

period," and recommen<strong>de</strong>d<br />

postponing the<br />

constI tuti onaily-mandated<br />

referendum because of the<br />

threat that It could further<br />

exacerbate an already uncertain<br />

security situation.<br />

There is no need for another<br />

envoy. With many<br />

Arab League nations and<br />

Turkey opposed to the expansion<br />

of Kurdish selfmIe,<br />

an V.N. envoy would<br />

not have the confi<strong>de</strong>nce<br />

of most of Kirkuk's resi<strong>de</strong>nts.<br />

Nor should outsi<strong>de</strong><br />

organizations, however<br />

well-meanmg, <strong>de</strong>lay implementation<br />

of Article 140. A<br />

wi<strong>de</strong> swath of Iraqi society<br />

accepted the constitution<br />

after extensive consultation.<br />

And, on August 9, the Iraqi<br />

government nominated a<br />

high committee chaired by<br />

the Minister of Justice to<br />

Implement Article 140 of<br />

the Iraqi constitution without<br />

<strong>de</strong>lay.<br />

Until the December 2007<br />

referendum, which the<br />

U.N. has expertise to organize,<br />

it will be impossible<br />

to know whether local<br />

resi<strong>de</strong>nts wish Kirkuk to be<br />

absorbed into the Kurdistan<br />

Regional Government.<br />

Many Kurds do, but others<br />

are afraid of being pushed<br />

asi<strong>de</strong> by established patronage<br />

networks and political<br />

machines imposed from<br />

outsi<strong>de</strong> the city.<br />

Rather than <strong>de</strong>stabilize<br />

the reglOn, formaI resolutlOn<br />

of the dispute over<br />

Kirkuk's status should calm<br />

the city. Various ethnie<br />

and sectarian communities<br />

co-existed peacefully in<br />

Kirkuk until Abdul-Karim<br />

Qasim's 1958 coup d'état.<br />

The central government in<br />

Baghdad rather than local<br />

politics fueled most subsequent<br />

conflicts. Any census<br />

is sure to confirm the<br />

majority status of Kurds<br />

insi<strong>de</strong> Kirkuk. They will<br />

<strong>de</strong>mand the right to have<br />

thelr voice heard through<br />

the ballot box. But Kurdish<br />

empowerment through the<br />

<strong>de</strong>mocratic process need<br />

not mean disenfranchisement<br />

for the local Arabs<br />

and Turcoman communities.<br />

There is no reason why<br />

the various communities<br />

within Kirkuk cannot coexist<br />

peacefully again.<br />

Dr. Nourl Talabany,professor<br />

of Law, author of several<br />

books and articles about<br />

Iraql Kurdish hIS/Ory.He is<br />

currently an in<strong>de</strong>pen<strong>de</strong>nt<br />

member of parliamen/ in<br />

the Iraqi Kurdistan Region.<br />

Kirkuk rejects Baker-Hamilton Report<br />

Hundreds of people in Kirkuk<br />

organized a <strong>de</strong>monstration<br />

against the Iraqi Study<br />

Group's report on Dec 12,<br />

2006. The <strong>de</strong>monstrators were<br />

from different ethnicities such<br />

as Kurds, Arabs and Turkmens<br />

and several political factions,<br />

gathered in front of the US<br />

Consulate and chanted various<br />

slogans like, "No ... No...<br />

Baker- Hamilton."<br />

Sorne recommendations of the<br />

report, released on Dec. 6, directly<br />

put the achievements of the Iraqi<br />

Kurds in danger such as postponing<br />

the referendum in Kirkuk that<br />

is expected to be held no later<br />

than 2007. It is against article 140<br />

of Iraqi constitution that asks for<br />

holding the referendum and normalizing<br />

the situation in that city.<br />

The report also recommends for<br />

empowering the central government<br />

and reinforcing the former<br />

Iraqi Ba'th members in their jobs.<br />

ThiS is a clear intervention in the<br />

Iraqi constitution.<br />

The people of Kurdistan have<br />

reJected the report in various occasions;<br />

making petitions and<br />

<strong>de</strong>monstrations are one of them<br />

and the Kirkuk <strong>de</strong>monstration IS<br />

the latest one.<br />

Rizgar HaJi KIRKUK<br />

Hama, head<br />

of Patriotic<br />

UnIOn of<br />

Kurdistan 's<br />

Democratic<br />

Organizations<br />

in Kirkuk,<br />

said that they<br />

will go against<br />

anything that<br />

contradicts<br />

the Iraqi constitution.<br />

The <strong>de</strong>monstrators submitted a<br />

letter in Kurdish and English to<br />

the Consulate.<br />

Adnan Kirkuki, member of the<br />

Kurdistan Democratie Party's<br />

Kirkuk branch, said Kurds were<br />

not consulted during the entire<br />

nine months of preparing the report.<br />

"We won't let any outsi<strong>de</strong> will<br />

to be imposed on us," he said.<br />

He also said that they will continue<br />

to put pressure on the U.S.<br />

through peaceful means to reject<br />

the items that are not in favor of<br />

the Kurds.<br />

"This is an' apparent violation<br />

of the Iraqi constitution," Kirkukl<br />

sald.<br />

Sorne Arabs participated in the<br />

<strong>de</strong>monstration. Hassan Fathullah,<br />

46, an Arab, said, "We rejeci it by<br />

ail means, because it will put the<br />

future of the city in danger."<br />

The report <strong>de</strong>scnbes Kirkuk as<br />

a barrel of explosive and tlme<br />

bomb and It has angered the people<br />

of the city.<br />

Tahssin Kahyya, a Shia Turkmen<br />

m the committee to Implement<br />

article 140, con<strong>de</strong>mned the<br />

report for using such a word to <strong>de</strong>scribe<br />

Kirkuk, "The report is way<br />

too far from the reality, because<br />

we, Kurds, Arabs, Turkmen, and<br />

Assyrian have lived together for<br />

a very long time."<br />

"This report is just a (number)<br />

of recommendations, because the<br />

constitution is above everything,"<br />

he said.<br />

Babakir Sidiq, head of Kikuk's<br />

committee to implement article<br />

140, said that people will reject<br />

the report, "because 68 percent<br />

of the Iraqi people have voted in<br />

favor of the constitution."<br />

"We are working to implement<br />

article 140 and the report wants<br />

to create obstacle. The report is<br />

talking about centralization, "he<br />

said, "We have been workmg for<br />

<strong>de</strong>-centralization in the last three<br />

years, now it wants to bring back<br />

dictatorship."<br />

The <strong>de</strong>monstration en<strong>de</strong>d<br />

peacefully and police escorted<br />

the crowd during the entire time<br />

of the protest.<br />

The <strong>de</strong>monstrators spent more<br />

than an hour in front of the US<br />

consulate three representatives,<br />

two Kurds and a Turkman, met<br />

with the consulate officiaIs.<br />

After the meeting the representatives<br />

told the crowd that the US<br />

consulate has assured them the<br />

vOlces of the <strong>de</strong>monstrators will<br />

be taken into consi<strong>de</strong>ration and<br />

that the Baker-Hamilton report<br />

doesn't represent the officiaI V.S.<br />

policy.<br />

e Kurdish Globe<br />

December 19, 2006<br />

53

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