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Barzani: “Disputed Areas” is a Mistake... Affirming Kirkuk's Rights
The Prime Minister of the Kurdistan Region of Iraq, Masrour Barzani, stated that referring to areas under Article 140 as "disputed areas" when drafting the Iraqi Constitution in 2005 was a "big mistake," emphasizing that they are not just "disputed areas," but rather "occupied territories."
During his remarks while visiting Peshmerga military sites west of Kirkuk, Barzani underscored the importance of Kirkuk to all Kurds and the necessity of its return to the Kurdistan Region in the future. He clarified that resolving this issue "cannot be achieved through granting positions in Kirkuk; it must be addressed definitively."
Barzani stressed that this matter requires a strong will from the people of Kurdistan, affirming that no force surpasses the will of the people, but we must be prepared to make sacrifices for our homeland and the pride of our people.
Barzani disclosed that former President of the Region Masoud Barzani and the Kurdistan government are in constant communication with the federal government to reach a final solution to this issue.
It is noteworthy that Article 140 of the Constitution was established after 2003 to address the issue of disputed areas between the Kurdistan Region and the neighboring provinces of Nineveh, Diyala, and Salah al-Din, where the Kurds are demanding its implementation while the Arabs and Turkmen oppose it.
Article 58 of the Iraqi State Administration Law, drafted by civilian administrator Paul Bremer in 2003, addressed the demographic changes that occurred during Saddam Hussein's era. Despite not reaching a resolution on it, it was included in the Constitution approved in 2005.
Article 140 stipulates that the executive authority must take the necessary steps to complete the implementation of the requirements of Article 58, including normalizing conditions, conducting censuses, and allowing a referendum in Kirkuk and other disputed areas to determine the will of the citizens, with this to be done by December 31, 2007.
Over time, the Federal Supreme Court affirmed in 2019 the continued applicability of this article until its requirements are fulfilled. The court emphasized at that time the necessity of taking the necessary measures to achieve justice in the areas affected by demographic changes due to displacement and exile.
It is worth mentioning that the Kurdistan government highlighted this article again last January after the federal government signed a memorandum of understanding with a British company to develop the Kirkuk field. They confirmed in a statement that the referendum process should occur in accordance with Article 140 of the Constitution, indicating that successive Iraqi governments have failed to hold the referendum over the past twenty years, while the government is now seeking to unilaterally control the oil resources in those areas.
