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Kurdistan Region constitution and the
Rights of Ezidis
9.10.2006
By Khidher Domle |
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As the Region's charter
nears completion some minority religious groups say
the constitution could subject them to further
discrimination.
Politics - Ezidis' reactions to the Constitution of
the Kurdistan Region varied on matters of
legislation, privileges and equality, as well as the
fact that Islam is a main source of legislation,
which gives the Ezidis none of the rights to manage
their territory, Ezidis say.
Since Ezidis, who number more than half a million
people, have never received any religious and civil
rights under the previous governments, it will be a
challenge for them in the Region to overcome this
issue.
Being simply mentioned in the charter, however, is a
significant achievement for them. The Ezidi religion
is seen as an ancient Kurdish faith, and was never
had the chance of being mentioned in previous Iraqi
constitutions.
The Kurdistan draft constitution has pointed to the
Ezidis in five articles, as well as in the
introduction.
"There will remain only adoption and ratification of
the personal status law in the parliament," said
Izadin Bakseri, an Ezidi MP in the Kurdistan
parliament.
"What we asked for was placed in the constitution,
such as official recognition of the Ezidi religion,
a guarantee of religious rights, and the protection
of holy places," Bakesri added.
The Ezidis, who are also Kurds but have adopted
their own religion, fear loss of religious rights
within the constitution.
In Simel, west of Duhok, where many Ezidis live,
Sa'ud Musto, general attorney on the Court of Simel,
thinks that Article 124 of the Constitution points
to Islam as one of the main sources of legislation,
which will be a factor in the implementation of the
law or laws following Islamic legislation.
"It would be difficult for the legislature or the
authority in the Region to be neutral," Musto said.
"It will be inconsistent with the terms of
secularism, because in any disagreement, we would be
resorting to Islamic legislation and this is not
only a matter for Ezidis but all religious
minorities. So, full secularism will not exist
because of the use of Sharia in the decision."
Judge Namer Kujo, former State Minister in the
Kurdistan Regional Government and an Ezidi said,
"According to the Constitution, there will be rights
of citizenship for Ezidis as there will be for any
Kurdistani citizen." Religionwise, he added, the
most important point in the Constitution is a matter
of personal status and tribunals that deal with
divorce, inheritance, marriage and prohibition.
Ezidis ask for their Ezidi personal status law to be
applied in the courts in the adjudication of cases
involving Ezidis and not the Islamic Sharia
principles.
Kujo believes it would be necessary to have Ezidi
judges appointed to judge in personal status cases
in areas where Ezidis are located, because they
better understand their fellow Ezidis.
"This will be an important point, because for the
first time we will think that Ezidi are not
second-class citizens under the constitution of Iraq
first, then the constitution of the Kurdistan
Region."
Saleh Othman, an Ezidi, believes that there are
still many issues to be worked out, such as
"treatment and distinction in assuming posts, as we
are supposed to be given more opportunities in many
institutions."
"How long will an Ezidi minister remain as state
minister," he asks.
Alleged discrimination against Ezidis in Iraq has
created fears that many of these laws and decisions
will exist only on paper only.
"We still feel uncomfortable because many of the
officials in the Region have given us lots of
promises but applied none," said Jundi Khalil,
another Ezidi.
"Since the war for the liberation of Iraq in 2003,
they promised and still do to provide drinking water
but no one moved a step, especially in the villages
and compounds on the boundaries of Mosul, and
Sinjar's situation is worse.
There is good care of the educational side and Ezidi
language is studied, but this does not justify the
discrimination and ill-treatment in other areas."
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