Roj Bash Kurdistan

NOTE: Link to Full Text of Iraqi Constitution:
viewtopic.php?f=5&t=18407

Article 140 of the Iraq Constitution??

The Kirkuk referendum is the Kirkuk part of a plebiscite that will decide whether the Kurdish regions within Iraqi governorates of Diyala, Kirkuk, Salah ad Din and Ninawa will become part of the Iraqi Kurdistan region. The referendum was initially planned for 15 November 2007, but was delayed first to 31 December, and then by a further six months.

The Kurdish Alliance emphasized that the delay was for technical and not for political reasons. As the election was not called by early December 2008, it was postponed again as part of the deal to facilitate the regional elections on 31 January 2009. No fresh date has yet been set.

Article 140 of the Constitution of Iraq states that before the Kirkuk referendum is carried out, measures should be taken to reverse the Arabization policy employed by the Saddam Hussein administration during the Al-Anfal Campaign. Thousands of Kurds returned to Kirkuk following the 2003 invasion of Iraq. The referendum will decide whether enough have returned for the area to be considered Kurdish.

The Article 140 states:

First: The executive authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law.

Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this Constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), by a date not to exceed the 31st of December 2007.

The above mentioned Article 58 states:

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.

— Article 58, Law of Administration for the State of Iraq for the Transitional Period
— Article 140, Constitution of Iraq

I will have to study this a lot more

Article 9:

A-The Iraqi armed forces and security services will be composed of the components of the Iraqi people with due consideration given to their balance and representation without discrimination or exclusion. They shall be subject to the control of the civilian authority, shall defend Iraq, shall not be used as an instrument to oppress the Iraqi people, shall not interfere in the political affairs, and shall have no role in the transfer of authority.

Article 14:

Iraqis are equal before the law without discrimination based on gender, race, ethnicity,
nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

Article 15:

Every individual has the right to enjoy life, security and liberty. Deprivation or
restriction of these rights is prohibited except in accordance with the law and based on a
decision issued by a competent judicial authority.

Article 16:

Equal opportunities shall be guaranteed to all Iraqis, and the state shall ensure that the
necessary measures to achieve this are taken.

Article 17:

First: Every individual shall have the right to personal privacy so long as it does not contradict the rights of others and public morals.

Second: The sanctity of the homes shall be protected. Homes may not be entered, searched, or violated, except by a judicial decision in accordance with the law.

Calls in Baghdad to sidestep Kurds and change constitution

Some Shiite groups are considering changes to the Iraqi constitution without consulting the autonomous Kurdistan Region as stipulated in the constitution, arguing that those provinces forfeited their right by holding a referendum, says a Kurdish member of the Iraqi parliament.

“After the referendum and the return of Iraqi forces to the disputed territories this desire for making changes to the constitution has grown among some Shiite groups,” says Arez Abdullah, head of the bloc of the Patriotic Union of Kurdistan (PUK) in the Iraqi parliament. “Some even speak of sidestepping the legalities of it and going ahead with the changes.”

“They argue that because more than three provinces have voted in the referendum they’ve violated the constitution and therefore others have the right to amend the constitution without consulting those provinces.”

According to Abdullah this desire to amend parts of the constitution has been there for a while, but always considered too complicated to do.(that is because Iraqis are uneducated savages)

“From the start the Sunnis have been asking for amendments and some Shiites too are of the same opinion,” he says. “But making changes to it has been always seen as difficult and complicated and the constitutional conditions stop such ambitions.”

However, making any changes to the constitution, especially without the consent of all parties and provinces, will be a violation that will automatically imperil the country’s unity. (country’s unity )

“Section 4 of Article 142 of the constitution itself stipulates that even if the majority of Iraqis vote for a change it will not happen if two thirds of the people of three provinces vote against it,” Abdullah explains. “Article 1 also specifies that commitment to this constitution is the guarantee of Iraq’s voluntary union.” (voluntary union - history shows UK taking parts of land from 3 different peoples, putting them together and naming the parcel of stolen land Iraq - nothing voluntary about that - the Kurds did NOT volunteer to be gassed by the UK when they fought against having their traditional homeland divided)

“This means if the constitution is violated or not implemented it will justify partition and separation.”

It is these legal barriers, says Abdullah, that no one has dared speak of changing the constitution since it was voted for in 2005.

Dr. Farsat Sofi, a member of the Kurdistan Region parliament, emphasizes that the Iraqi constitution formally recognizes the authority of the autonomous Kurdistan Region and its say in Iraq’s affairs.

“Article 117 of the Iraqi constitution recognizes the Kurdistan Region and its authority as a federal region. Article 141 of the same constitution recognizes the work and decisions of the Kurdistan Regional Government (KRG) since its foundation in 1992.” Sofi wrote in an article for Rudaw last week.

Dr. Sofi wrote that in many cases Kurdistan Region laws take priority over federal law.

“Article 112 also gives the KRG the right to amend how to implement a federal law,” he explained about current disputes between Baghdad and Erbil over border gates and customs revenues.

http://www.rudaw.net/english/kurdistan/041120171