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| Who Owns Kirkuk? The Kurdish Case |
| 2008-07-27 |
| Kirkuk is an essential part of Iraqi Kurdistan. While Kirkuk's demography has been in flux in recent decades, this is largely a result of ethnic cleansing campaigns implemented by Saddam Hussein's Baathist regime. Free from Baathist restrictions, many Kurdish refugees have returned to their homes in the city and its immediate environs. While many diplomats and analysts may be tempted to delay decisions about the final status of Kirkuk—whether it should remain as it is or join Iraq's Kurdistan Region—any delay could be counterproductive to the goals of peace and stability. The tens of thousands of Kurds killed by Saddam have no right of return. Ethnic Cleansing The Baathists sough to implement their Arab nationalism by force. In June 1963, the short-lived Baathist regime of Ali Saleh al-Sa'adi destroyed thirteen Kurdish villages around Kirkuk and expelled the population of another thirty-four Kurdish villages in the Dubz district near Kirkuk, replacing them with Arabs from central and southern Iraq. After the Baath party consolidated power in 1963, the National Guard (al-Haras al-Qawmi), recruited Arab Baathists and Turkomans who systematically attacked ethnic Kurds. Between 1963 and 1988, the Baathist regime destroyed 779 Kurdish villages in the Kirkuk region—razing 493 primary schools, 598 mosques, and 40 medical clinics.[10] In order to prevent the return of the Kurds, they burned farms and orchards, confiscated cattle, blew up wells, and obliterated cemeteries. In all, this ethnic cleansing campaign forced 37,726 Kurdish families out of their villages. Given the average rural Kurdish family size of between five and seven people, this policy forced over 200,000 Kurds to flee the region. The Kurds were not the regime's only victims. During the Iran-Iraq war, the central government destroyed about ten Shi‘ite Turkoman villages south of Kirkuk. The Iraqi government also compelled urban Kurds to leave Kirkuk. It transferred oil company employees, civil servants, and teachers to southern and central Iraq. The Baathist government renamed streets and schools in Arabic and forced businesses to adopt Arab names. Kurds could only sell real estate to Arabs; non-Arabs could not purchase property in the city. The government allocated thousands of new residential units for Arabs only. Ethnic cleansing intensified after the 1991 Kuwait war when the Republican Guards crushed a short-lived uprising. In 1996, the regime passed an "identity law" to force Kurds and other non-Arabs to register as Arab. The government expelled from the region anyone who refused. In 1997, the Iraqi government demolished Kirkuk's historic citadel with its mosques and ancient church. Human Rights Watch estimated that between 1991 and 2003, the Iraqi government expelled between 120,000 and 200,000 non-Arabs from Kirkuk and its environs.[11] In September 1999, the U.S. State Department reported that the Iraqi government had displaced approximately 900,000 citizens throughout Iraq. The report continued to describe how "[l]ocal officials in the south have ordered the arrest of any official or citizen who provides employment, food, or shelter to newly arriving Kurds."[12] A New Beginning for Kirkuk? In April 2003, coalition forces and the Iraqi Kurdish peshmerga liberated Kirkuk from Baathist control. Many victims of Saddam's ethnic cleansing campaign sought to return to the region, only to be prevented by U.S. authorities. Many remain in tent-city limbo. Article 58 of the March 8, 2004 Transitional Administrative Law[13] sought to settle disputes in Kirkuk by means of an Iraqi Property Claims Commission and "other relevant bodies." In practice, however, successive Iraqi governments have done little, creating suspicion among many Iraqi Kurds as to the central government's intentions. The uncertainty over Kirkuk's status has impeded local development and sidelined the issue of refugee resettlement. Article 140 of the new Iraqi constitution has adopted Article 58 of the Transitional Administrative Law, which necessitates the normalization of the situation in Kirkuk by which the legislature meant the assistance of the return of internally displaced people and their reclamation of seized property. Arabs installed in the region should be helped to return to southern and central Iraq, should they so desire. The four subdistricts of Kifri, Chemchemal, Kalar, and Tuz-Khurmatu annexed to neighboring governorates by the regime in 1976 should be returned to the governorate of Kirkuk. Article 140 also states that a local census must be organized and a referendum held to decide the future of the province. The set deadline for the implementation of this article is December 2007. However, if Iraqi prime minister Nouri al-Maliki does not implement the article within the allocated time, ethnic and sectarian unrest could explode in Kirkuk, the effects rippling throughout Iraq. A report by the International Crisis Group proposes that the Iraqi government invite the U.N. Security Council "to appoint an envoy to start negotiations to designate the Kirkuk governorate as a stand-alone, federal region for an interim period" and recommends postponing the constitutionally-mandated referendum because of the threat that it could further exacerbate an already uncertain security situation.[14] There is no need for another envoy. With many Arab League nations and Turkey opposed to the expansion of Kurdish self-rule, a U.N. envoy would not have the confidence of most of Kirkuk's residents. Nor should outside organizations, however well-meaning, delay implementation of Article 140. A wide swath of Iraqi society accepted the constitution after extensive consultation. And, on August 9, the Iraqi government nominated a high committee chaired by the Minister of Justice to implement Article 140 of the Iraqi constitution without delay. Until the December 2007 referendum, which the U.N. has the expertise to organize, it will be impossible to know whether local residents wish Kirkuk to be absorbed into the Kurdistan Regional Government. Many Kurds do, but others are afraid of being pushed aside by established patronage networks and political machines imposed from outside the city. Rather than destabilize the region, formal resolution of the dispute over Kirkuk's status should calm the city. Various ethnic and sectarian communities coexisted peacefully in Kirkuk until Abdul-Karim Qasim's 1958 coup d'état. The central government in Baghdad rather than local politics fueled most subsequent conflicts. Any census is sure to confirm the majority status of Kurds inside Kirkuk. They will demand the right to have their voice heard through the ballot box. But Kurdish empowerment through the democratic process need not mean disenfranchisement for the local Arabs and Turkoman communities. There is no reason why the various communities within Kirkuk cannot coexist peacefully again. |
| Posted by:GolfBravoUSMC |