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Post by Ssmith Thu Mar 09, 2023 2:41 pm

AFTER 20 YEARS… WILL ARTICLE 140 BECOME A REALITY?


Talk about the application of Article 140 regarding the disputed areas has returned strongly during the last period, especially with the pressure of the Kurdish parties to implement it, because it was mentioned in the political agreement according to which the government was formed, and it was also mentioned in the Sudanese ministerial curriculum, while the Kurdistan Democratic Party confirmed the existence of “serious” The prime minister to implement it depends on the framework. This article has been achieved on the ground in the legal and constitutional contexts.



The leader of the Kurdistan Democratic Party, Wafaa Muhammad Karim, told Earth News Agency, “There is a real movement for the implementation of Article (140) of the Iraqi constitution, especially since its implementation is one of the most important conditions for the Kurdish political forces to enter into the state administration coalition and form the government of Muhammad.” Sudanese Shiites.


He added, “This paragraph is constitutional and binding, but it has been suspended over the past years, because of some political parties, and these parties are still currently working to obstruct the implementation of this agreement, although it is in the interest of all political and popular parties.”



And the leader of the Kurdistan Democratic Party stated that “we feel the presence of real seriousness on the part of Prime Minister Muhammad Shia’ al-Sudani to achieve all the provisions of the political agreement, foremost of which is the implementation of Article (140) of the Iraqi constitution, and the dialogue is continuing in order to implement this article in accordance with the constitution and the law and according to what is planned by it.” period of time during the next stage.


It is noteworthy that a letter leaked two months ago included an order from the Ministry of the Interior to the Directorate of Nationality and Civil Status, stipulating stopping the process of transferring records (people’s registry) to the disputed areas covered by Article 140 of the Constitution, and the order stipulated that the records of citizens who were transferred to these areas be returned to their areas. original.



A few days ago, the Council of Ministers approved that the Legal Department in the General Secretariat of the Council of Ministers prepare a draft law to amend the Martyrs Foundation Law (2 of 2016), stating (not including the martyrs in accountability and justice procedures), and including the families of the martyrs from the Peshmerga and the security services in the regions located outside the Kurdistan region in the aforementioned institution law, and its referral to the House of Representatives.
These steps were promised at the time, as the beginning of the implementation of Article 140, and an official recognition of the deployment of the Peshmerga forces in the disputed areas, by leaders who confirmed this during press statements.


It is noteworthy that the executive axis of the ministerial curriculum of the Prime Minister, Muhammad Shayaa al-Sudani, and in paragraph 15 of it, emphasis was placed on the implementation of Article 140 and the activation of its committee, within one month of forming the government, and the previous paragraphs also included an emphasis on the redeployment of the Peshmerga forces and the return of the parties Kurdish forces to the governorates of Kirkuk, Nineveh, Diyala and Salah al-Din, and the evacuation of its headquarters that were occupied by other parties, as stated in the curriculum.


The solution is constitutional



In addition, the representative of the coordination framework, Muhammad Al-Shammari, told Earth News, that “the framework and the prime minister are serious about implementing everything that was agreed upon within the State Administration Coalition, and there are timelines for implementing these conditions and demands, and most of them are after 6 months of age.” government, and we are committed to that.”


He pointed out that “activating Article 140 of the Iraqi constitution requires judicial and legal intervention, as this article is more constitutional than political, and we are with the application of the constitution and the law, and there are dialogues regarding this file.”
And he continued, “The talk about making political concessions regarding the implementation of Article 140 of the Iraqi constitution is incorrect, and there are no political concessions in any of the files. Rather, there are agreements, and these agreements cannot be implemented unless they are in agreement with the Iraqi constitution and the laws in force, and otherwise they are not applied.” This position is consistent with the forces of the coordination framework.
Article 140 is one of the most prominent contentious articles between the federal government and the Kurdistan Regional Government, as the latter always calls for the application of this article regarding disputed areas, between the center and the region.


Article 140


This article focuses on the governorates of Kirkuk, Diyala, Salah al-Din and Nineveh, which are the governorates that were subjected to demographic change and the policy of Arabization at the hands of the previous regime. In the previous regime and after it, and the second is the population census in those areas, and the last of which is the referendum to determine what the residents want.



Committees were formed to implement the provisions of Article 140, under the government of Ibrahim al-Jaafari, where the chairmanship of the committee was entrusted to Hamid Majid Musa, and in the government of Nuri al-Maliki another committee was formed headed by the former Minister of Justice Hashem al-Shibli, but he resigned from his position, then replaced by Raed Fahmy, and the presidency of the committee was assigned Which was reconstituted in August 2011 to the head of the Fatah Alliance and former Minister of Transport, Hadi al-Amiri.


Kirkuk is one of the most prominent areas of conflict between Baghdad and Erbil, and it came under the control of Kurdish parties in 2014 after ISIS invaded several provinces.


It is noteworthy that the former president of the Kurdistan region of Iraq conducted a failed referendum for secession in 2017, including the regions of the region and the Kirkuk governorate, which a military operation was carried out to restore it from the control of the parties in the region by order of the Commander-in-Chief of the Armed Forces, then Prime Minister Haider al-Abadi, during which the Kurdish parties were expelled and their headquarters closed.

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