UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

efore then. This decision, which faces resistence from Arabs and Turkmen, has yet to be
endorsed by the Iraqi cabinet. 46
The Iraq Study Group said that a referendum on Kirkuk by the end of 2007 “would be
explosive” and recommended that it be delayed. It further called for international arbitration
on the issue to prevent communal violence. 47 In addition, Turkey has called for the
referendum to be postponed. The Kurdish parties consider such statements an affront to
Iraq’s sovereignty, particularly since the Kirkuk referendum is enshrined in the
Constitution. 48 They indicated that the Kirkuk issue should not be deferred and, that if it
was not solved politically, then military options would come into play. 49 In October 2006,
the Iraqi Turkmen Front (ITF) announced that it would not take part in the referendum on
Kirkuk, indicating the potential turmoil that may arise in connection to the referendum. 50
Kurdish politicians have called new Arab IDPs arriving in Kirkuk from the South and
Centre “a new style of Arabisation”, which, in their view, “makes de-Arabisation extremely
difficult, if not impossible.” 51
3. Personal Status
Before 1959, family laws were based on tradition or customary law and had not been
codified. Since the adoption of the Personal Status Law (Law No. 188 of 1959) 52 , it, and
subsequent amendments, govern the manner in which courts settle disputes in marriage,
divorce, child custody, inheritance, endowments and other similar matters. It applies to both
Sunnis and Shi’ites 53 and is considered one of the most progressive personal status laws in
46 RFE/RL, Sumedha Senanayake, Iraq: Committee Decision Increases Tensions In Kirkuk, 8 February
2007, http://www.rferl.org/featuresarticle/2007/02/3a63f415-eb59-4a80-b97e-64c245661555.html;
Al Jazeera, Kirkuk Arabs face relocation, 6 February 2007, http://www.iraqupdates.com/p_articles.php?refid=
DH-S-07-02-2007&article=14276; Asharq Al-Awsat, Iraqi Supreme Committee Attempts to Normalize
Kirkuk, 5 February 2007, http://www.aawsat.com/english/news.asp?section=1&id=7901.
47 Iraq Study Group Report, p. 45, see above footnote 35.
48 Sumedha Senanayake, Iraq: Kurds Warn Against Delaying Kirkuk Referendum, RFE/RL, 14 December
2006, http://rfe.rferl.org/featuresarticle/2006/12/38b72bcc-9ef3-4fd7-a7f3-05a650dcd190.html?rapage=2.
49 For example, Sadi Ahmed Pire, leader of the PUK, said, “Kirkuk can be solved two ways: We can discuss
it with the neighboring countries and Iraqi communities and solve the situation politically or we can solve it
militarily. We hope to solve it peacefully, but this is an issue that cannot wait. It will be resolved.” See: The
Chicago Tribune, Iraq’s Kurds press their claim on Kirkuk, 10 November 2006, http://kurdistanmedia.org/
english/modules.php?name=News&file=article&sid=367.
50 The Kurdish Globe, Turkoman Front to boycott Kirkuk Referendum, 6 October 2006, http://www.moerakrg.org/articles/detail.asp?smap=01030000&lngnr=12&anr=11548&rnr=140.
51 KurdishMedia.com, During last 8 months 800 Arab families settled in Kirkuk, official, 30 January 2007,
http://www.kurdmedia.com/news.asp?id=13973.
52 Law No. (188) of 1959, Personal Status Law (as amended), available in UNHCR’s Refworld at
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=469cdf3011. See also: Emory Law School,
Iraq, Republic Of, http://www.law.emory.edu/IFL/legal/iraq.htm.
53 Non-Muslims were allowed to keep their separate systems. Their family matters are adjudicated by the
Personal Matters Court, which seeks advice from the relevant religious authorities. See also: UNHCR,
Country of Origin Information Iraq, October 2005, p. 122, available in UNHCR’s Refworld at:
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=435637914 (further: “UNHCR, 2005 Country
of Origin Information Iraq”).
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