While still under debate among political forces, an extension of the deadline for the implementation of Article 140 of the Iraqi constitution will expire in July 2008, with many raising questions about the constitutional and legal aspects of its implementation.
The deputy chairman of the Constitutional Amendments Committee in the Iraqi parliament, Fouad Masoum, says that the parliament is not authorized to extend the implementation of constitutional articles.
Speaking to Aswat al-Iraq- Voices of Iraq- (VOI), Masoum, who is also a member of the Kurdistan Coalition (KC), (55 seats), said that the controversy over disputed areas is still going strong on the political scene. "Only the Constitutional Amendments Committee is authorized to extend the deadline for the implementation of the article," Masoum added.
"The Special Representative of the United Nations Secretary General for Iraq Staffan de Mistura can intervene to find solutions that are acceptable to all parties in the dispute," he explained.
In early June, de Mistura presented a number of recommendations on four disputed districts to the Iraqi government. The UN official recommended that Akra and Makhmour districts be administered by the Kurds, and al-Hamdaniya and Mandali districts by the central government.
Most Iraqi political forces expressed their categorical rejection of de Mistura's recommendations.
The UN official is expected to submit his recommendations of the second stage of disputed areas, including Tal Afar, Sinjar, Shikhan and Khaneqeen. The third stage will be devoted to the oil-rich city of Kirkuk.
Article 140 of the Iraqi constitution is related to the normalization of the situation in Kirkuk city and other disputed areas.
Kurds seek to include the city in the autonomous Iraq's Kurdistan region, while Sunni Muslims, Turkmen and Shiites oppose the incorporation. The article currently stipulates that all Arabs in Kirkuk be returned to their original locations in southern and central Iraqi areas, and formerly displaced residents returned to Kirkuk, 250 km northeast of Baghdad. The article also calls for conducting a census to be followed by a referendum to let the inhabitants decide whether they would like Kirkuk to be annexed to the autonomous Iraqi Kurdistan region or having it as an independent province.
These stages were supposed to end on December 31, 2007, a deadline that was later extended to six months to end in July 2008.
Last month, the Kurdistan Regional Government (KRG) warned in statements by its official spokesman, Jamal Abdullah, of the repercussions of not implementing Article 140. The spokesman indicated that any decision on the controversial article should first be referred to the regional government and political blocs, noting that the passing of time is not a great healer in this regard.
Raed Fahmi, an official from the committee, told VOI that the legal status will be determined by the Iraqi cabinet. "Our committee is affiliated with the cabinet and the decision is in the hands of the prime minister," Fahmi noted.
When asked about the developments in the committee's work, Fahmi said: "We are currently working on the normalization process and we have made much progress in this regard. We also pay compensation to the displaced and returnees…."
http://www.iraqupdates.com/p_articles.php?refid=DH-S-01-07-2008&article=33143
