The Article 140 May Prevent Iraqi State of Disintegration

Omar Sindi | Exclusive to iKurd.net

On October 4, 2011 I wrote an article “Titled Baghdad Lesson not Learned“, sought at best to highlight one misfortune after another that struck Iraq since the forceful creation of the state of Iraq from the remnants of the domain of the Ottoman Empire.

After the removal of Saddam Hussein from power in 2003, including his clique along with the Baath Party by the United States armed forces along with its coalition partners, some of the political dissents returned from abroad to Baghdad and formed an inclusive government to make Iraq as a federalized system, and to write a new constitution, including the Article 140; the article 140 deals to reverse the Arabization policy on Kurdish land; particularly in Oil rich areas, such as Kirkuk, Khaniqin in Diyala province, Ninawa ,etc.

In 1921, after the British with its colonial power occupied the Mosul province in 1918 and formed the Erbil ( Hawler) governorate, the British estimated the population of the Kirkuk region was estimated to be about 75,000 Kurds, 35,000 Turkomen, 10,000 Arabs, 1,400 Jews, and 600 Chaldeans.

In 1957, another ethnic breakdown census showed in Kirkuk: 178,000 Kurds, 48,000 Turkmen, 43,000 Arabs and 10,000 Assyrian-Chaldean Christians living in the city.

Now some of those politicians in Baghdad have taken prominent positions in both government and parliament; raising their oppositions to the new constitution and saying that the new constitution was written too quickly; even though the constitution was drafted and viewed by national and international experts and scholars.

Also, overwhelmingly the Iraqi people positively voted for it’s approval. This constitution has a mandate and it has crossed the Rubicon. For example, in United States of America an amendment to the law is called filibuster proof if it has over 60% approval, and it can only be reversed with two third majority in the Senate. Those lawmakers in Baghdad should realize that the people of Mesopotamia during the British colonial rule were not given opportunities to vote for the creation of the State of Iraq and its approval. Patching the two majorities people together, mainly Arabs and Kurds and bringing the Hashemite family on the helm in power; the Iraqi people were not given a chance to vote on this forceful marriages and irrational verdict.

If the Article 140 is not enforced, it’s a recipe for disintegration of Iraq; who knows what else will happen? and those who are discouraging the implementations of article 140 and encouraging Arabization policy on the Kurdish land must be held accountable for not executing the approved constitution. Those members of parliaments and politicians in Baghdad hoping that they could go back to retrospect- the old stick to 1937 Treaty of Saadabad and the New Baghdad Pact in 1955 between the neighboring countries against Kurdish liberation movements. That era has gone and the world has changed.

For example, look at what happened to former Yugoslavia, which has been disintegrated into several countries. Also, look at the Arab Springs on the streets of Cairo, Tripoli and other places, proved that dictators can not get away like Wild West style movies, even though the Arab springs outcome still is a litmus test on either direction.

Iraqi cleric Muqtada al-Sadr has and still continues to threaten the federalized system not to be acted-on and is seeking to impose his view on the Iraqi people. The Federal system’s idea is to share and to distribute power between the states and local government and to prevent dictatorial system; for example, if the dictator Saddam Hussein and the Ba’ath Party were not removed from power by the United States armed forces with its coalitions partners, both Shi’ites and Kurdish populations would have been in perilous situations.

Baghdad should learn the lesson, that the force has not resolved any unsolved Iraqi issues, especially the on-going conflict between both populations (Arabs and Kurds). Those politicians with myopic views, and crude behaviors must not under-estimate the Kurdish liberation movement with its struggle for freedom and self- determination. If they learned a lesson from history, they should review Iraqi history from the monarchy era to the despotic Saddam Hussein era; none of the issues were resolved by force. The dictatorial system only brought upon the Iraqi people misery and disparity. This skullduggery and ruse schema have not produced tangible positive outcome for the region.

No, Kurdish political parties or politicians could afford to yield any Kurdish territory and survive politically or historically. For example, in 1973 Saddam Hussein offered a compromise on Kirkuk issues, which mean to share Kirkuk with its oil revenues fifty-fifty. The Kurdish icon, the late general Mustafa Barzani said that if Kirkuk is mine alone? I could talk about that offer, but I can not yield any Kurdish land.

Alas, misguided leadership causes ordinary people to pay the price through none of their own fault and suffering irreversible catastrophic consequences. If political parties and politicians continue to tinker with and follow the same belligerent path that their predecessors in previous regimes embarked on futile cycles, then another grime and wasteful era. Baghdad has neither found Mohandas Karamchand Gandhi or Nelson Rolihlahla Mandela to rule.

Omar Sindi, a senior writer, analyst and columnist for iKurd.net, Washington, United States.

The opinions are those of the writer and do not necessarily represent the views of iKurd.net or its editors.