Alaa Al-Hamdani – Iraqi researcher


The agreement of the Iraqi political forces within the coalition of state administration, under which the current government headed by Mohammed Shiaa Al-Sudani was formed, is going through difficult tests that began with the events witnessed in the province of Kirkuk during the last days of last August after the protests, tension and illegal manifestations that raised broad concern accompanied by expectations that the political agreement may be affected by these events in light of the intersection of the views of the signatory forces on this agreement towards the events of Kirkuk.

The positions of the Kurdish forces were clear and callous to allow the activity of the Kurdish parties and formations to return to Kirkuk 6 years after they left as a result of the entry of the security forces of the federal authorities into them in 2017. Still, these positions were against the opinions of most of the Shiite forces that were supportive of imposing the law based on Iraqi Kirkuk and rejected any attempt to attribute this governorate to one component without another, in harmony with the Turkmen position, which also stressed the need for Kirkuk to be Iraqi away from the narrow names, while the positions of the Sunni forces were the most mysterious after trying to take a position of neutrality and satisfy all political allies.

Whatever the situation from the Kirkuk crisis, it represents a difficult test that threatens the steadfastness of the political agreement, which can collapse or weaken in the event of a delay in finding a way out of the Kirkuk crisis, which may represent an entrance to open the door to other problems such as amnesty and displaced persons and Article 140, which was mentioned in the political agreement and there are still no signs of its application.

1- Kirkuk in the constitution

The Iraqi legislator did not lose sight of making introductions to resolving the Kirkuk crisis in the 2005 constitution, but the paragraphs of the constitution did not provide final solutions to the struggle for control in Kirkuk.

Section 140 (firstly) of the Constitution required the executive branch to take steps to complete the implementation of the requirements of Section 58 of the 2004 Transition State Administration Act under the supervision of the U.S. occupation coalition authority.

Paragraph (second) of the same article, indicates that the responsibility placed on the executive authority in the transitional government, stipulated in Article (58) of the law on the administration of the Iraqi state for the transitional phase, extends and continues to the executive authority elected under this constitution, provided that it completes in full (normalization, statistics and ends with a referendum in Kirkuk and other disputed areas to determine the will of its citizens) within a maximum period of 31 December (2007).

Although the Constitution required Article 140 to be enforced before the end of (2007), it has not yet been enforced to this day.