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Chapter 8 The Kurds Triumphant The Transitional Administrative Law The issue of Kirkuk’s future status came to the forefront with the signing of the interim constitution, the so-called ‘‘Transitional Administrative Law’’ of Iraq (TAL), in Baghdad in March 2004. Prior to this point, the need to reverse the former regime’s Arabization policy had been relatively uncontroversial. As long as the ‘‘reverse Arabization’’ policy was about rectifying past injustices, there was a broad consensus in its favor among most of the city’s ethnic groups. Article 58 (shown in Figure 8.1) of the TAL, however, irrevocably shifted the terms of debate. Article 58 spoke of the need to remedy the ‘‘injustice caused by the previous regime’s practices in altering the demographic character of certain regions, including Kirkuk’’ and established an imprecise mechanism for the orderly return of those displaced. The article was ambiguous on the fate of ‘‘individuals newly introduced to specific regions.’’1 Beyond this, the article (alongside sections B and C of article 53) deferred a number of important decisions until after the signing of a permanent constitution, including the resolution of gerrymandered governorate boundaries and the final status of Kirkuk.2 Section B outlined a specific process for the restoration of pre-Ba’thist boundaries, which required the three-member Presidency Council of Iraq (PC) to agree unanimously on a set of recommendations on boundary changes and for these to be submitted to the National Assembly for approval.3 However, section C of the article also outlined a three-step process leading to a final resolution of Kirkuk’s status—normalization, a ‘‘fair and transparent census,’’ and then a decision ‘‘consistent with the principle of justice, taking into account the will of the people of those territories.’’ Though the deal on Kirkuk was clearly a compromise on the part of the Kurds, in that it delayed a decision on the city’s final status until after a permanent constitution, the use of the phrase ‘‘will of the people’’ was 114 Postwar Struggle (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 individuals may be resettled, may receive compensation from 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...

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