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Kurds want autonomy, nothing less
By Nikola Krastev and Valentinas Mite

NEW YORK - Kurdish leaders had suggested that they would withdraw from the Iraqi political process - and possibly even push for secession - if a reference to the interim constitution was not included in the new United Nations resolution on Iraqi sovereignty.

But when the Security Council voted unanimously to adopt resolution 1546 on Tuesday, any mention of the interim agreement - known as the Transitional Administrative Law - was conspicuously absent.

Iraqi Prime Minister Iyad Allawi has since said that his government will adhere to the interim constitution until elections are held next year. But his remarks have failed to appease the Kurds, who are worried the Transitional Administrative Law will be sidelined - and their aim of autonomy along with it.

Speaking in New York, UN envoy to Iraq Lakhdar Brahimi expressed confidence that Iraqi Kurds would continue to participate in the country's political process. "I think the leaders of Iraqi Kurdistan understand and are fully aware what the geostrategic realities of the region are. And I think that talking to [Kurdistan Democratic Party - KDP - head] Massoud Barzani and talking to [Patriotic Union of Kurdistan - PUK - head] Jalal Talabani and to their people, one has a strong impression that they want to contribute very effectively to the building of new Iraq in which their region will be a full partner," Brahimi said.

The debate over the interim constitution reflects the concerns of two ethnic groups who are trying to redress their past sufferings - the minority Kurds, and the majority Shi'ite Muslims, who held virtually no political power under Saddam Hussein.

The interim constitution currently blocks the possibility of majority rule advocated by the Shi'ites. That is because it states the permanent constitution will pass on a popular majority vote - unless it is rejected by two-thirds of the voters in three of Iraq's 18 provinces. Iraq has three provinces with a Kurdish majority.

Brahimi characterized the dispute as two sides talking about two different things. The Shi'ites are defending the rights of the majority and arguing against any faction holding a blanket veto. The Kurds, meanwhile, are focused on guaranteeing the rights of minorities - a mindset that has hardened through decades of suppression and broken promises.

"[Kurds] want to be absolutely certain now, in the Iraq to which they are returning, that they will be - as they put it - not second-class citizens but full partners in the federation that is going to be constructed between themselves and the other Iraqis," Brahimi said.

Brahimi said neither side should be punished for their stance on the issue, and conceded that resolving the problem will be a challenge. He expressed faith that both the Shi'ites and the Kurds will act responsibly to find a workable solution.

"I think the Kurds have a case in making absolutely certain that - the way they put it is, 'We have been cheated very, very often in the past and we don't want to be cheated again'. There is a real, real problem here. It's not that the Shi'ites are being unreasonable or that the Kurds are being greedy," Brahimi said.

Some UN diplomats, however, have expressed doubts the problem will be resolved quickly or easily, saying they hope the debate will not develop "into anything ugly".

Some Kurdish officials have threatened to withdraw from the current interim government or organize a referendum on the future status of the Kurdish provinces. Mahmud Uthman, a Kurd and a former member of the Iraqi Governing Council, says Iraqi Kurds are worried they will lose their hard-earned status.

"There's a lot of worry and fear among the Kurds now, [that] this law - as long as it is not mentioned [in the UN resolution] - it will not be implemented, and when it's not implemented, then we'll have to start again from zero and try to make other sort of laws. So, people are worried about that." Kurds comprise some 15% of Iraq's 25 million people. Their opponents in the debate over the constitutional-voting law are the majority Shi'ites, who make up more than 60% of the population.

Uthman says Kurds are also disappointed with the formation of the country's interim government. Although some interim officials - including the foreign minister, Hoshyar Zebari - are Kurds, Othman says the new government does not fairly represent the Iraqi population.

"Every Kurd is disappointed, really," he said. "Because [Kurds] were not given one of the two main leading or key posts - you know, prime minister or president. We think Iraq is composed of two main nationalities, Arabs and Kurds. And as long as an Arab takes one post, a Kurd should have taken the other."

US State Department spokesman Richard Boucher has attempted to address Kurdish concerns: "We work very closely with the Kurdish population. The Kurds have been great friends of the United States. As we all know, they were strong opponents of Saddam Hussein, they fought against him and they liberated Iraq from Saddam's tyranny. They obviously have a role, a very important role, to play in a strong, united and democratic Iraq."

The Kurdish leadership is taking no chances. Kurdish officials this week wrote a letter to US President George W Bush saying that if the Iraqi government does not adhere to the interim constitution, the Kurds would "have no choice but to refrain from participating in the central government". They threatened to boycott national elections in January and to "bar representatives of the central government from Kurdistan".

The Kurds may even take it a step further, holding a referendum on the status of the Kurdish provinces. Uthman says the Kurds have collected almost 2 million signatures in support of such a referendum.

"They have already collected 1,700,000 signatures and they brought them over to the [Iraqi] Governing Council, to the United Nations, to the coalition [authorities]," he said. "They ask for a referendum and at that time when [the Transitional Administrative Law, [TAL] was issued, well, it was a sort of an appeasement, so they didn't insist on [the referendum]. But now, when TAL is not there, then they may again talk about it and try to reactivate [the process] and ask for a referendum. That's a possibility."

Mustafa Alani, a regional expert at the Royal United Services Institute in London, says a referendum is not the best way to decide the future of Kurdish regions because any move toward autonomy will affect the integrity of the whole country: "The referendum here on the future of Kurdish areas must be a referendum for all Iraq, not only for the Kurdish region. Every Iraqi citizen must have the right to say what he thinks is right. So, if we are talking about a referendum, the referendum must include every Iraqi citizen - not only on the regional level. Or you have to elect basically a legitimate democratic government which has the power of the people, and this [Iraqi] government without a referendum can decide the future of the issue."

Alani also says the Kurds should not pin all their hopes on the interim constitution, because any document adopted under military occupation should not be considered the ideal legal basis for restructuring the state: "The basic principle here is that such a major shift in the nature of the state needs to be supported by a legitimate government and be part of [a] constitution, and the constitution basically must be [adopted through] a referendum."

Alani says it is not only Iraqi Shi'ite and Sunni Arabs who are opposed to Kurdish autonomy goals. Neighboring Turkey, Iran and Syria are against the move as well, as they have sizeable Kurdish minorities with limited civil rights. Turkey already maintains two military bases in northern Iraq, one of which is in the heart of Arbil, Iraqi Kurdistan's largest city. Kurdish politicians have repeatedly demanded that the Turkish army leave, but the Turkish government has refused to pull the forces out. Last year the Turkish parliament voted to invade Iraq if Kurds there declared independence.

Alani says the broad autonomy the Kurds currently enjoy was introduced solely to protect them against the Saddam regime. Now, with him gone, Alani argues there is no longer anything the Kurds need to be protected from - and no need to maintain a 75,000-strong militia as well.

Copyright (c) 2004, RFE/RL Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave NW, Washington DC 20036


Jun 12, 2004



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