EXTRACT FROM THE TRANSITIONAL ADMINISTRATIVE
(A) The Kurdistan Regional Government is
recognised as the official government of the territories that
were administered by that government on 19 March 2003 in the governorates
of Dohuk, Arbil, Sulaimaniya, Kirkuk, Diyala and Neneveh. The
term "Kurdistan Regional Government" shall refer to
the Kurdistan National Assembly, the Kurdistan Council of Ministers,
and the regional judicial authority in the Kurdistan region.
(B) The boundaries of the 18 governorates
shall remain without change during the transitional period.
(C) Any group of no more than three governorates
outside the Kurdistan region, with the exception of Baghdad and
Kirkuk, shall have the right to form regions from amongst themselves.
The mechanisms for forming such regions may be proposed by the
Iraqi Interim Government, and shall be presented and considered
by the elected National Assembly for enactment into law. In addition
to being approved by the National Assembly, any legislation proposing
the formation of a particular region must be approved in a referendum
of the people of the relevant governorates.
(D) This Law shall guarantee the administrative,
cultural, and political rights of the Turkomans, ChaldoAssyrians,
and all other citizens.
(A) The Iraqi Transitional Government, and
especially the Iraqi Property Claims Commission and other relevant
bodies, shall act expeditiously to take measures to remedy the
injustice caused by the previous regime's practices in altering
the demographic character of certain regions, including Kirkuk,
by deporting and expelling individuals from their places of residence,
forcing migration in and out of the region, settling individuals
alien to the region, depriving the inhabitants of work, and correcting
nationality. To remedy this injustice, the Iraqi Transitional
Government shall take the following steps:
(1) With regard to residents who were deported,
expelled, or who emigrated; it shall, in accordance with the statute
of the Iraqi Property Claims Commission and other measures within
the law, within a reasonable period of time, restore the residents
to their homes and property, or, where this is unfeasible, shall
provide just compensation.
(2) With regard to the individuals newly
introduced to specific regions and territories, it shall act in
accordance with Article 10 of the Iraqi Property Claims Commission
statute to ensure that such indviduals may be resettled, may receive
compensation hom the state, may receive new land from the state
near their residence in the governorate from which they came,
or may receive compensation for the cost of moving to such areas.
(3) With regard to persons deprived of employment
or other means of support in order to force migration out of their
regions and territories, it shall promote new employment opportunities
in the regions and territories.
(4) With regard to nationality correction,
it shall repeal all relevant decrees and shall permit affected
persons the right to determine their own national identity and
ethnic affiliation free from coercion and duress.
(B) The previous regime also manipulated
and changed administrative boundaries for political ends. The
Presidency Council of the Iraqi Transitional Government shall
make recommendations to the National Assembly on remedying these
unjust changes in the permanent constitution. In the event the
Presidency Council is unable to agree unanimously on a set of
recommendations, it shall unanimously appoint a neutral arbitrator
to examine the issue and make recommendations. In the event the
Presidency Council is unable to agree on an arbitrator, it shall
request the Secretary General of the United Nations to appoint
a distinguished international person to be the arbitrator.
(C) The permanent resolution of disputed
territories, including Kirkuk, shall be deferred until after these
measures are completed, a fair and transparent census has been
conducted and the permanent constitution has been ratified This
resolution shall be consistent with the principle of justice,
taking into account the will of the people of those territories.