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Since the liberation of
Iraq in March 2003, the Kurdish people have been
looking forward to overturn the injustice committed
against them by Saddam and previous Iraqi
governments. The Kurds have been the only true ally
of the United States in this war, yet this fact has
not been acknowledged, as it should be.
The Iraqi Governing Council, including major Kurdish
and Shiite leaders, signed the Transitional
Administrative Law (TAL) to bring hope to all
Iraqis. Although the new law did not address all of
the rights of the Kurds in the newly librated Iraq,
the Kurdish leadership signed the document to show
their support for the effort of the US to establish
a democratic federal government and to keep Iraq
united.
The Kurdish people have been disappointed in the
limited scope of the TAL from the beginning because
it does not address the aspirations and the rights
of the Kurdish people for self-determination. Many
Shiite Arabs were against the TAL even before it was
signed because it gives the Kurds, the right to veto
as a safe guard against dictatorship of the
majority. We can clearly see that many aspects of
the TAL such as a general census and implementation
of section 58 have not been implemented, yet the
Shiites are pushing for the election while opposing
the census because they believe that this is their
golden opportunity to rule Iraq for the first time
in their history.
According to section 58 of TAL, “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”. Clearly, this section of the TAL
stipulates that the Arabization of Kirkuk must be
reversed and the refugees must return to their
original homes, yet this process was never started,
as it should have been. This issue is like a time
bomb; it could explode any time before or during the
election.
We call on all the Kurds to vote in the general
election in Iraq; however, when it comes to the
local election in the city of Kirkuk, we should not
be part of this election unless Article 58 of TAL is
implemented fully. After all, the blood that was
shed since 1974 was for Kirkuk. If the high
commission of the Iraqi election insists on holding
elections in Kirkuk before full implementation of
section 58 of TAL, then we call on the Kurdish
leadership and all the Kurds to:
1. Withdraw from the Central Government
2. Withdraw all Kurdish troops from the Iraqi
National Guard
3. Boycott the national Iraqi election
4. Ask the UN to conduct a referendum on
independence in Kurdistan
LAW OF ADMINISTRATION FOR THE STATE OF IRAQ – FOR
THE TRANSITIONAL PERIOD
Article 58.
(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.
For more information contact KNC at: 949-583-1417
The Kurdish National Congress of North America
P.O. Box 1663
Lake Forest, CA 92630
USA
Tel/Fax: 949-583-141
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