Behind itself, the removal of Saddam in Iraq left a mess created by the Tikkriti gangster regime. Reversing this mess in a period of less than a year is just an imaginary thought. What is interesting to me are the superficial calls of the Iraqi and Kurdish politicians of claiming to work on the basis of accommodation and tolerance. First, the Arab Iraq is deeply divided: It is combined of religious beliefs (e.g. the Shiites and the Sunnis) that are geographically and culturally distinguished. The two different sects differ in ideology as well: The first is reflecting the rise of the Islamic Fanaticism that is expressing itself in the person of Ayatollah Ali Sistani, and the second one is reflecting the idea of a “Glorious” Arab Nation, respectively. At the same time, none of them will accept to be ruled by the other one. On the other hand, Southern Kurdistan is geographically, culturally, ethnically and even genealogically distinguished from the Arab Iraq. If, however, the US still believes in maintaining the integrity of “Iraq,” in the future through the creation of a federal, pluralistic and democratic Iraq, then I say it will be tough.

But despite the differences amongst the different sects, the draft constitution was finalized, but as said, it does not satisfy all the legitimate demands of Kurdistan. The Kurds in Southern Kurdistan have the right of self-determination to define the political alternatives they desire, whether Federal, Con-Federal, or an independent state. Although, the draft constitution fails to define this right due to the objection from Arabs and probably even the US, I must admit that this is best document in Iraq’s history recognizing the partial legitimate Kurdish rights. This constitution will be placed in a referendum in October 15 to account a vote from the masses. While it is unlikely for a referendum to be held in the Diaspora, the parliament in Kurdistan commended the Kurdish people to accept the constitution in the referendum, but it is a decision that Kurdistanis will make beside the Arab Iraqis.

The National identity of Iraq and the rule of Islam

While the Sunni Arab officials are calling for the Arab identity of Iraq to be preserved, this constitution does not recognize Iraq as an Arab Nation. Chapter One, Article Three, defines the make-up of Iraq as a “multi-sect country….and its Arab people are part of the Arab Nation.” The Secartary General of the Arab League Amrro Musa had expressed his concerns about this article, while turning his face away from the crimes the Arab Nationalist Ba’athists have committed against the people, including the selling to Kurdish women to the night clubs of his country, Egypt. Even, taking the latest amendment [Iraq is founding and active member of the Arab Leage], in to consideration, Iraq is still not recognized officially as an Arab state in the draft. Also, the First part of Article Four recognizes Kurdish as a National Language beside Arabic. The Second part of the same article guarantees the implementation of the Kurdish language in official parliamentary secessions, documents, schools, currency and even in the federal agencies and institutions beside the Arabic language.

Although Islam is considered to be “the official religion of the state and a basic source of legislation,” according to Chapter Two, Article Two, and “no laws can be passed that contradicts the undisputed rules of Islam,” the Islamic influence on legislations is constrained. The same article rules out any legislations contradicting the principles of democracy and “the rights and basics freedoms outlined in this constitution.” This means there are two check points through which any legislation to pass. So it should be clear to my secularist Kurdish compatriots the idea that this constitution will create an Islamic theocracy based on sharia is plainly wrong.

Kurdistan Competences

The system of the government as stated in the draft constitution is to be federal, democratic and representative (parliamentary) republic. Per Article 114, the constitution “shall endorse” Southern Kurdistan “and its existing power as a federal region.” Article 117 of the draft allows Kurdistan to “write a constitution for itself.” Southern Kurdistan will have the right to practice legislative, executive and judicial authorities per the First Section of Article 118, with very limited competences for the Federal Government ruled in Article 108. In a case where the laws clash, the Second Section of Article 118 gives Kurdistan, “the right to amend the implementation of the federal law in the region in the case of a contradiction between the federal,” and Kurdistan’s laws. The other sections of Article 118 allow Kurdistan to receive a fair share of the revenues, establish its representational units and offices at the Iraqi embassies and in diplomatic missions and manage its internal security. Thus, Southern Kurdistan will be a quasi-independent state.

Also, the legislated laws in Southern Kurdistan since 1992 will be maintained, per article 137 of the draft. This includes the ban on the “Honour Killing,” in Kurdistan.

The Future of Kerkuk

Reversing the Arabization of Kerkuk is important, both for the Kurds and stability of Iraq. The displaced Kurds from their homes must have the right to claim their land back, and Arabs relocated in Kerkuk by Saddam must return home as well. According to a friend of Kurdistan, the Honourable Munthir Al-Fadhal, “a new commission has been established and chaired by Mr. Hamid Majid Mousa, the Secretary of the Iraqi Communist Party, to solve the case of Kirkuk and apply the text of Article 58 of TAL.” Simultaneously, Article 136 of the draft constitution demands the executive authority to, “take the required steps to complete the implementation of the requirements of Article 58 with all its paragraphs in TAL,” no later than December 2007. This includes, but not limited to, conducting a census and a referendum in Kerkuk. The people there will decide whether they desire to be part of the Arab Iraq or Kurdistan.

Conclusion

If we sit back and think of the past for a while, the future of Southern Kurdistan prior to the liberation of Iraq was basically bound to the No-Fly-Zone, protected by the US and British planes. Had the US and UK lifted the protection, the Ba’thist tanks would find no difficulties facing the Kurdish Peshmerges to invade Southern Kurdistan again. Therefore, thanks to President George W. Bush’s efforts in removing Saddam to replace the tyranny with a democratic rule.

As a Kurd, I prefer to live in an independent Kurdistan, from Efrin to Wan and from Urmiye to Kerkuk, but if this draft constitution is accepted in the Oct. 15 referendum, it will be a turning point in Kurdistan’s history. For the first time in history, the Southern Kurdistanis will live in peace with no fear of another Anfal. In a tactical scope, it will be wise for the Kurds to accept the draft constitution because in a strategic scope, a Democratic Federal Kurdistan within Iraq protected by this constitution will eventually evolve to an independent Democratic State of Kurdistan.