Thursday, December 26, 2024

IRAQI KURDISTAN DOSSIER

Why and how the Kurdish autonomous state ended in jeopardy


By: Rauf Naqishbendi
Date: May 10, 2024

Iraqi President Jalal Talabani (R) speaks with Kurdish President Massoud Barzani, Dukan, Iraqi Kurdistan, July 29, 2009. Photo: Reuters

Rauf Naqishbendi | Exclusive to Ekurd.net

The Arab-fashioned leadership in Iraq is at work to consolidate its power and solidify its armed forces, targeting the restoration of a strong sovereign government, which means an authoritarian government that will reveal its ugly smite upon Kurdish leaders, implying that, as a minority in Iraq, they wouldn’t be trusted to act or behave in any manner like the sovereign state, thereby defying Baghdad’s authority.

To start, the Iraqi government thwarted Kurds from selling their oil, employing Iraqi troops in borders to collect tariffs, the central government paying employees’ wages without KRG’s involvement, reducing the number of seats held by Kurds in the parliament from 110 to 100, and more to come.

After the American invasion of Iraq, in 2005 new Iraqi constitution was written and supported by the United States and was endorsed by the Iraqi parliament. Kurdistan was declared as an autonomous region. But in many crucial aspects, the Iraqi constitution was ambiguous, vague, and open to speculation. Amongst the most vital issues are: first: Iraq’s constitution calls for shared responsibility between the federal government and the Kurdish Regional Government(KRG) over the oil and gas sector. Second: Kurdistan was declared an autonomous region of Iraq, yet its border was not defined. Third: the federal government is given exclusive control over foreign policy, national security matters, and fiscal and monetary policy
.
A man reads Iraqi constitution draft in Baghdad, Iraq, 2005. Photo: Reuters

In a federalist system, federated states are bound by the national constitution where deviation from the federal constitution is disallowed within the individual states, yet they are empowered to institute their constitution in matters deemed appropriate to their local jurisdiction, such as budgeting, taxation, education, minimum wage, occupational health, safety, managing state properties, and law enforcement institution.

The Iraqi constitution and the role of the federated Kurdistan region were from the beginning a flaw. The way the constitution has been written made Iraqi federalism unique to Iraq. For instance, there was an objection by Ayatollah Sistani to the provision states Kurds have an effective veto over the text of Iraq’s permanent constitution, that provision doesn’t exist anywhere else in the world. Kurdish leaders had gone too far in their demand for two levels of government to rule the same land and people.

Matters essential to the life of the nation such as defense, foreign policy issues, controlling natural resources, printing money, declaring war, post office, establishing army and navy, and commerce with other nations are powers exclusively reserved to the federal government. Should control of these matters be shared with any other groups within the country, it assuredly will weaken the central government, disfiguring economic, social, and political conditions.

Iraqi Kurdistan oil. Photo: Rudaw

The Kurdish leaders, particularly Barzanis breached the constitution. For instance, Nechirvan, and Masrour Barzani acted like the head of state undermining the Iraqi government by making agreements and contracts with other sovereign nations and corporate enterprises ignoring that Kurdistan was legally part of Iraq.

Regarding the Constitutional article calling for shared responsibility between the feral government and KRG over the oil and gas sector, the detail of how this article was applied was not defined and its execution was left in limbo. The Iraqi government had a constitutional obligation to share oil revenue with Kurds. But that wasn’t enough for tribal Barzani and Talabani, instead, they embarked on drilling oil and exporting it. Not only that, imagine while exporting oil and gas, they insisted the Iraqi government pay salaries of Kurdistan public employees. That was as ridiculous as it can be.

Kurdistan was declared an autonomous region of Iraq, yet its border was not defined and, therefore, the contested areas remained in dispute after the ratification of the Iraqi constitution.

The Kurdish leaders could have been reasonable, and honest with their people and the Iraqi people, and should not have exceeded the rights of Kurds in the federated Iraq and taken advantage of the Iraqi government’s weakness. When it comes to agreements with Iraq, they should have trodden a fine line in a way that their demand will stand the test of time. They should have left nothing vague, ambiguous, or open for speculation which could come back and hunt them resulting in disputes and contentions as it happened. But Kurdish leaders were naïve and ignorant of laws and constitution, they rushed to consent without sealing the deal, for their agenda was money and power not the interest of the nation.

Now the Iraqi government is planning to re-assert its authority over Kurdistan must understand that Kurds have been victims of tribal Barzani and Talabani, and the two dynasties are not standing for Kurds, and they are criminal enterprises and must be dealt with as such in a court of law.

A PUK security officer kicks a student protester hard in the head in Sulaimani, Iraqi Kurdistan, November 23, 2021. Video/SM

Should the Iraqi government promote peace and security, it must understand without Kurds there will be no peace and tranquility in Iraq. To this end, the Iraqi government must promote Kurds to run their affairs and have control over their jurisdiction. Iraq to share proceeds from its natural resources with Kurds proportional to their population within Iraq. Otherwise, any violation of Kurdish human rights and undermining their autonomous state will have dire consequences for Iraq as a whole. Kurds must not be judged by their corrupt leaders for Kurds are a loving nation struggling for peace and freedom.

Iraq for more than half a century has been a war-torn country hamppered by its social and economic advances and with disheartened tragedies. It’s about time to learn about the past and give the future a chance for peace to take its course. There will never be peace in Iraq without a free Kurdistan. Kurds and Arabs to live together in harmony is a recipe for national prosperity and social and economic progress. Once more, Kurds are left friendless and with corrupt leaders. Time is now for them to react and shake the yoke of repression and announce new leadership to negotiate with Baghdad otherwise the tragedies of Halabja and Anfal will be revisited.

Rauf Naqishbendi is a retired software engineer in the San Francisco Bay Area. A long-time senior contributing writer for Ekurd.net. His memoirs entitled “The Garden Of The Poets”, recently published. It reads as a novel depicting his experience and the subsequent 1988 bombing of his hometown with chemical and biological weapons by Saddam Hussein. It is the story of his people´s suffering, and a sneak preview of their culture and history.

The opinions are those of the writer and do not necessarily represent the views of Ekurd.net or its editors.Read more about Independent Kurdistan state

Copyright © 2024 Ekurd.net. All rights reserved

How Kurds Missed Their Opportunity to be an Independent Nation



By: Rauf Naqishbendi
Date: April 20, 2024

Retired US Lt General Jay Garne raises arms with PUK leader Jalal Talabani, left, and KDP leader Massoud Barzani, in Dukan, Sulaimani governorate, Iraqi Kurdistan on April 22, 2003. Photo: AP

Rauf Naqishbendi | Exclusive to Ekurd.net

After the American Invasion of Iraq, the climate matured for independent Kurdistan. It was the responsibility of Kurdish leaders to react, preparing the nation and leaving America with no choice but to submit to our national demand. But our national agenda took a backseat to the leader’s personal gains, prejudices, and tribal ambitions. For over sixty years of current leaders’ reign, they added nothing positive to our lives, but they detracted enough to be lamented for generations to come.

We must understand that independent Kurdistan must be a divine miracle given enormous stumbling blocks in a way. But the American invasion of Iraq was God’s long-awaited gift bestowed upon Kurds. That was one of a rare opportunities in the life of our nation; and made Kurds’ dream for independence come to fruition should Kurdish leaders were to pursue it prudently. The role of leadership is to prepare the nation for all occasions; study risks and plan for emergencies, react to opportunities, march, and galvanize the nation toward its aimed destination. But our leaders went after their personal gains ignoring our national ambition. They accumulated wealth beyond anyone’s imagination to become one of the wealthiest people not only in Kurdistan but the world. They engaged in the assassinations of journalists, suffocating the voice of their opposition, and expanding their criminal enterprises.

Kurdistan occupiers for centuries have been persistent to our subjugation to their dominion, but the American invasion of Iraq rendered them irrelevant on this occasion. Iran and Syria were on American Hit List, and Turkey an old American friend, when America called for its assistance when invaded Iraq, it refused to assist and proved itself perfidious.

A U.S. Marine covers the face of a statue of Iraqi President Saddam Hussein with a U.S. flag in Baghdad, on April 9, 2003. Photo: Reuters

America has never favored Independent Kurdistan. But the American invasion of Iraq had ashamed America in the sight of the world and was ready to make concessions to save its faith; besides American casualties were piling up; the economic cost was exuberance; and support for the war at home was fading away as more and more dead and lame soldiers delivered home. At the same time, the Iraqi government was unstable and incapable to fight insurgency and was crippled. That was when Kurds could have taken advantage of the situation and acted accordingly. But their leaders failed them miserably. When they reacted with the referendum of independent Kurdistan, it was too late as they rushed to action and caused the Iraqi government to re-assert its authority over the country’s internally disputed territories, particularly Kirkuk.

It has been six decades since Kurds took arms and fought against Iraq for free Kurdistan. Kurds sacrificed their lives and properties, supported the revolution, endured death, imprisonment, destruction, genocide, and gave everything they had in support of the revolution. Looking back in history, Kurds would have been better off without this bloody and futile revolution which became an instrument to fuel the greed of the two Kurdish dynasties and divide the nation.
Members of the Barzani clan and close supporters. Photo: Ekurd.net/SM/FB/AFP

After all the atrocities committed by the two ruling dynasties, they perceived they were immune from prosecution. Considering what had happened recently in the United States, proves their assumption is invalid. They accumulated wealth by robbing the nation and expanding their criminal enterprises, for example, please visit Michael Rubin from American Enterprise Institute, his article titled “Did the Barzanis kill a US government employee in cold blood?”

According to Mr. Rubin The Kurdistan Victims Fund, a charity incorporated in Wyoming, filed a lawsuit against the Kurdistan Regional Government Barzani’s family for (A) Murder of a United States Agent (B) U.S Immigration fraud and perjury (C) Extrajudicial murders and disappearance (D) Genocide and human rights abuse (E) torture of a U.S. citizen (F) illegal exile of Kurdish citizens (G) international narcotics trafficking.

I heard similar lawsuits have been filed against Barzani’s family in the EU, but I couldn’t confirm it. Based on Mr. Rubin’s analysis, Masrour Barzani, son of Masoud Barzani can’t evade prosecution based on legal precedents before the United States Supreme Court. Let it be known to Talabani’s and Barzan’s clan there will be no hideout places for them, and people in Kurdistan will follow them no matter where they land.

For Iraq to re-assert its control over Kurdistan is dreadful. But how these two dynasties have been bleeding Kurds for six decades is even more tragic. Assuredly, they will not be forgiven, and people will not let them escape unpunished. Unarguably, nothing good comes from the two ruling dynasties, and no good can happen during their reign. Therefore, these corrupt leaders and Mafia thugs must be toppled, let the new page of our history start, and let us give their opposition Goran, New Generation, and others a chance to shape our future.

Regardless of what happens people will not be silenced, and nothing can take away their inspiration for freedom and liberty. The last sixty years of the two dynasties have been deplorable and futile episodes of our history. Let us hope the future years will be different with a new leadership unifying Kurdistan, devoted to our wellbeing and our interest rather than compromising our national inspiration for their own personal gains; and with their creativities transforming our nation from its primitive status to one of the advanced societies. This transformation will be long in the making and painful. Sadly, I will not see it, but I pray my children and grandchildren will.

Rauf Naqishbendi is a retired software engineer in the San Francisco Bay Area. A long-time senior contributing writer for Ekurd.net. His memoirs entitled “The Garden Of The Poets”, recently published. It reads as a novel depicting his experience and the subsequent 1988 bombing of his hometown with chemical and biological weapons by Saddam Hussein. It is the story of his people´s suffering, and a sneak preview of their culture and history.

The opinions are those of the writer and do not necessarily represent the views of Ekurd.net or its editors.Read more about Independent Kurdistan state


Copyright © 2024 Ekurd.net. All rights reserved

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