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Kirkuk: Solution or Gordian Knot

December, 2008

Turkmens, throughout the history lived as element of region, were governing the region nearly for 900 years. With the establishment of Iraqi state, Turkmens were separated from Turkey, despite their high level attachment to the state they live, they perceived as the extension of Turkey, which made them object for assimilation and genocide policies.
Turkmens, who were downtrodden under Saddam Hussein's "Arabification" policy, thought that the overthrow of Saddam's regime would bring comfort, but this expectation was short lived because Turkey failed to influence the region. The United States, which failed to bring Turkey along its side, allied with the Kurds, giving a high confidence to Kurds. Shiite Arabs got the support of Iran and Sunni resistance easily attracted supporters. Consequently, every group in the region had someone to support them and their causes, while Turkmens left alone. On the other hand, Turkmens, who were loyal to their state, have not established militia forces fail to prevent ethnic cruelties.
Despite nearly 3 million Turkmens live in Iraq, they were pushed aside in the restructuring process, deprived of their rights. The Turkish city of Kirkuk got its share from cruelty. During the meetings between the United States and Ankara before the occupation of Iraq in 2003, partied were agreed that no armed force except the US forces would enter Kirkuk. However, immediately after the fall of Bagdad, Kurdish groups, who did not keep their promise, entered Kirkuk, and destroyed land registries, population records and Turkmen cemeteries, and pillaged Kirkuk museum in an effort to erase Turkish identity in Kirkuk. Kurdish groups, managed to get hold of Kirkuk with the US aid, have placed Kurds from surrounding regions and states like Syria, Iran and Turkey in Kirkuk. Consequently, Kurdish population in Kirkuk reached 1.5 million with immigrants today from 830 thousand in 2003. Two thousand Kurdish family lives around the Kirkuk stadium and Mesut Barzani and Jalal Talabani established tent cities for Kurdish immigrants.
Since the occupation of Kirkuk in 2003, Kurdish groups increased pressures towards other groups in Kirkuk, benefiting from the power vacuum created by the weakness of central administration of Iraq, thus denial of rights and extortion continued, especially towards Turkmens. Turkmen run 24 service directorates in the Kirkuk province were occupied, and Turkmens govern today only Directorate of National Education. However, even this directorate is under pressure of Kurdish groups.
The United States unjustly appointed Kirkuk Provincial Administration in early 2003. Although joint management of Kirkuk by all ethnic groups was foreseen, in reality this has turned into dominance of Kurdish groups. The United States planned that the provincial management would compose of 6 representatives from each ethnic group and 6 independent representatives, who would be chosen by the US. Although 6 representatives were chosen from each ethnic group, the impartiality was broken when the US chosen 5 Kurdish delegates. Consequently, Kurdish groups used their dominance to share Kirkuk Governorate and the Mayor of the Province between Kurdish groups (Mesut Barzani's KDP and Jalal Talabini's KYB).
Non-intervention of the United States and Iraqi government to Kurdish immigration to Kirkuk and ineffective rhetoric of Turkey in foreign policy gave free pass to Kurdish groups. Consequently, during the Iraqi elections in 2005, Kurdish groups involved in deceit and fraud; voters outside of Kirkuk were brought in, fake lists were prepared, Turkmens' voting rights were denied, polls were stolen by Peshmergas, Kurds voted more than once, voted of Turkmens were annulled, polls in Turkmen regions opened late and closed early, Turkmen observes were detained and free media coverage of these events were prevented. Consequently, Turkmens, who known as the most democratic and intellectual people in Iraq, were deprived of democracy and Kurdish influence in Kirkuk provincial administration increased via having 26 seats in 41 seats in House of Provincial Authority, while Turkmens had 9 seat and Arabs had 6 seats.
While de facto occupation of Kirkuk continues, the process to legitimize of this occupation was initiated. Kurdish groups increased their influence in Iraq, with the support of the United States after the occupation of Iraq, through taking more responsibility in restructuring of Iraq and administration. Consequently, Kurdish demands on Kirkuk were first included in the second amendment of the administration law in 2004 and later in the controversial Iraqi Constitution.
The article 140 of the controversial Constitution of 2005 foresees a resolution to Kirkuk dispute by having a referendum until December 31, 2007, after the necessary measures have been completed (normalization and the population census). A committee was established for the implementation of this process and the committee started to work immediately. The goal of normalization is to determine the planted and displaced people during Saddam's rule and plan the return of these people. While the number of displaced people from Kirkuk, according to official figures, is 11 thousand, Kurds used the normalization as an opportunity and tried to register more than 600 thousand Kurds to Kirkuk. However, the commission could not complete its work and therefore referendum could not be made. Consequently, validity of the article 140 was expired because the referendum could not be held until December 31; in other word, the article has disappeared.
During this process, Turkmen and Arab members of the Kirkuk Provincial Assembly boycotted Kirkuk Provincial Administration on the ground that Kirkuk has been "Kurdified" and rights have been violated. Moreover, the US, which had the responsibility of Iraq since 2003, did not intervene to the problem in Kirkuk and voice an opposition to the acts of its closest ally Kurds until 2008.

However;

Kurdish groups' increasing demands and genocide like acts, especially towards Turkmens
Kirkuk as the point of departure in every dispute in Iraq
The threatening rhetoric of Northern Iraq Administration towards Iraq's neighbours.
Increasing attacks of PKK from north of Iraq and Turkey's determination to beat terrorism and official permit granted to Turkish Army to conduct cross border operations in northern Iraq by Turkish Grand National Assembly
Turkey's concerns about Northern Iraq Administration and attitude of this administration towards Kirkuk started to be shared by Iraqi government and other political groups in Iraq.
The increase of trust of Iraqi government and other political groups towards Turkey
The Increase of political weight of Turkey in political process of Iraq.

Such causes forced the United States to intervene to Kirkuk dispute. Consequently, the United Nations declared some projects for the resolution of Kirkuk dispute, which took the dispute to the international level.
These developments resulted in increased sensitivity to Kirkuk. With the realization that unilateral interventions in Kirkuk would not bring a resolution and unjust policies of Kurds, efforts to reach a consensus in the city increased.
Kurds claim that 1000 years old Turkish city of Kirkuk is their capital and should be the part of Kurdish Autonomous region, whereas Turkmens and Arabs insist that the city should be under the supervision of central government. Leaving Kurdish groups aside, all political group recognize that Kirkuk is an Iraqi city and accept that a joint government in Iraq should be established and neighbouring states, especially Turkey, the United Nations and the United States desires compromise in resolving the Kirkuk dispute, resulted a new process in Kirkuk. The United Nations proposed the plan for equally shared administration to groups in Kirkuk (Kirkuk administration would be constituted by Turkmens, Arabs and Kurds (32% for each) and Christians (4%)). Iraqi Parliament has taken another decision, with the same nature. According to Iraqi Parliaments Election Law article 24, which was accepted by 127 of 140 votes on July 22, 2008, the administration in Kirkuk should be shared between three principal groups (Arab-Kurd-Turkmen) and Christians should have 4% share from the authority. The authority defined as all security and civil agencies that are either attached to a Ministry or not and three principal agencies (Parliament Speaker -The Governor - Deputy Governor), heads of parliament commissions and all level of public administration commission.
Although all groups agreed on this legislation, Kurdish groups prevented the approval of the legislation by pressuring Iraqi President Jalal Talabani to use his veto. Iraqi President damaged both the democracy and Presidency in Iraq by upholding his ethnic groups interest against the interests of Iraq.
Inability to hold local elections would leave already fragile Iraqi politics in a difficult situation. Serious consideration should be given to United Nations Special Envoy to Iraq Staffen de Mistura warning of "if the election would not held, the legitimacy of local parliaments would become questionable". On the other hand, local elections are planned to be held with the old election law because of the dispute in Local Elections legislation. Problems may arise because of this. Especially holding elections with old legislation and old lists in Kirkuk would mean continuation of the current problems and increase of tensions in the city. When the special circumstances in Kirkuk considered, a special amendment for the city could help restoring the balance. In spite of all the problems and tensions, Kurdish groups continue to insist on their unjust claims on Kirkuk. The resolution of the Kirkuk dispute apparently can be reached through joint administration. The dispute cannot be resolved with unilateral interventions. Both international public and Iraqi parties accept this reality. The United States should carefully consider this reality and prevent excess demands of Kurdish groups. Because, the resolution of Kirkuk dispute would enable untie of other knots in Iraq.

Researcher at Global Strategy Institute

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