From Al-Moharer Archive 2000
THE STATUS OF KURDS IN IRAQ
Since
1968, the Government of the Republic of Iraq has sought to consolidate and
fortify the pillars of the unity and coherence of the people of Iraq. In this
approach, the government proceeds from a genuine attitude stemming from the
civilization, cultural and religious heritage of the people of Iraq under which
all Iraqi communities and minorities co-existed brotherly and in harmony for all
eternity. This has given the people of Iraq such respectful and admirable
qualities in terms of the actual and objective exercise of basic freedoms and
fundamental human rights.
As regards the Kurdish nationality in Iraq, the Government of Iraq has enacted constitutional foundations based on the respect for the national rights of the Iraqi Kurds and the legitimate rights of all minorities within the framework of the national unity of the Republic of Iraq. Paragraph (b) of Article-5 of the Iraqi Constitution reads: “The people of Iraq comprises two main nationalities: the Arab and Kurdish nationalities. The constitution recognizes the national rights of the Kurdish people as well as those of other minorities within the framework of the Iraqi national unity.” Paragraph (c) of Article-8 of the Constitution reads: "The region which is heavily populated by Kurds shall enjoy autonomy under the respective law."
In 1970,
the Revolution Command Council (RCC) issued decision no. 288 of 11 March 1970,
setting the general guidelines for the autonomous rule. The decision stipulates
that one of the deputies of the President should be a Kurdish, and the
officials, in the administrative units that are heavily populated by Kurds,
should be Kurds or from those who master the Kurdish language. It also provides
for non-discrimination against Kurds in assuming public jobs.
Pursuant
to the Constitutional provisions and the RCC decision, law no. 23 of 11 March
1974 (The Autonomy Law for the Iraqi Kurdistan) was passed. The Law stipulates
that the Iraqi Kurdistan would enjoy autonomous rule. The region would be
considered as one administrative unit of legal personality within the framework
of the legal, political and economic unity of the Republic of Iraq.
Article-2
of the Law stipulates that Kurdish language would be the official language in
the autonomous region in parallel with the Arab language, whereas the Kurdish
language would be the language of education for Kurds. Article 5-6 stipulate
that the Iraqi Kurdistan would be an independent financial unit within the
financial system of Iraq. Furthermore, Law no. 36 of 1974 provides for the
election of the members of the Legislative and Executive Council of the
autonomous region.
Pursuant
to the Constitutional principle which stipulates that the people is the source
of authority and its legitimacy, the Iraqi valid laws have entitled all the
citizens, without discrimination, the right to take part in the public life
directly or indirectly, and to monitor the conduct of the government. Pursuant
to this principle, the Iraqi Kurds are entitled to vote and run for the
membership of the National Assembly as well as for the membership of the
Legislative and Executive Councils of the autonomous region.
The Law
also gives all minorities, including the Kurds, the right to express their
political views and ideas, and to form political parties (The Kurdistan
Democratic Party and the Kurdistan Revolutionary Party). It also gives them
cultural rights, including the establishment of scientific organizations to
enhance the Kurdish culture, the establishment of a university in the autonomous
region as well as a Kurdish house of press and culture which issues a daily
newspaper and periodic magazines.
The
efforts made by the Government of Iraq in this respect have resulted in a just
and comprehensive solution of the Kurdish question through the adoption of
peaceful and democratic means. In addressing this question, Iraq has proceeded
from two main principles: first, the rights of minorities should be aimed at the
application of the principle of non-discrimination among citizens regardless of
nationality, religion and language; second, the necessity for respecting
Iraq’s sovereignty, unity and territorial integrity.
It is
noteworthy that Iraq has acceded to the International Convention on the
Elimination of all Forms of Racial Discrimination since 1969.
The
rights and privileges granted by the Iraqi Government to the Iraqi Kurds are
considered as the best in comparison with those granted to Kurds in all
neighboring countries.
Iraq has
faced problems in addressing the issue of protecting the minorities as a result
of the direct military interference in its internal affairs. Following the
cessation, in February 1991, of the hostilities launched by allied forces
against Iraq, the United States of America and some western countries
deliberately resorted to the direct military interference under the pretext of
the provision of protection and humanitarian relief to the population in
northern Iraq, a situation which forced the Government of Iraq to withdraw the
civilian administration from the region.
Since it
believes that the solution of the situation in northern Iraq can only be
achieved through national dialogue, the Government of Iraq made many rounds of
dialogue with the Kurdish parties with a view to arriving at a solution that
puts an end to the suffering of our Kurdish people. However, the political
pressure put by the United States of America on some of these parties has
blocked any agreement. This has resulted in the continuation of the suffering of
the Kurds who live in a grave situation where fighting between the armed
factions is intensified and turned to be street fighting leading to the killing
of hundreds of innocent people. Furthermore, the region has turned to be a field
of interference by the armies of some neighboring countries, such as Turkey and
Iran, under various pretexts. This has forced the citizens to leave their areas
for a safe haven. The American practices in northern Iraq clearly show the
double-standard policy of the US administration towards Kurds. While it claims
that it protects the Kurds in Iraq, the US administration describes the Kurds in
the neighboring countries as terrorists.
The reinstitution of stability in northern Iraq can only be achieved through putting an end to the abnormal conditions there, the return of the central government to the region and through refraining by foreign parties from interference in Iraq’s internal affairs, including the lifting of the illegitimate no-fly-zones on northern and southern Iraq which are imposed by the U.S. and Britain under the pretext of protecting the population there, while the US and British aircraft are bombing and destroying, on a daily basis, civilian facilities, resulting in the killing and injuring of civilians.